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<br />001633 <br /> <br />. <br /> <br /> <br />,"ESTERN STATES 'QITATE:R. COUNCJ:L <br /> <br />C.-Pit=. Suit.A.l011941 EOS1 7/45 SoutlrlMitIvt*- UUZltUGnlfBOIJ561.53IJO I FAX fBOIJ2554Ul <br />IS, 1993 <br /> <br />Ms. Elizabeth A. Moler, Chair <br />Federal Energy Regulatory commission <br />825 North Capitol Street, NE <br />Washington, D,C. 20426 <br /> <br />Dear Chairwoman Moler: <br /> <br />e <br /> <br />As you know, we have been working for some time in <br />cooperation with the Western Governors' Association to improve <br />federal/state relations with regard to the licensing of <br />hydropower projects. Specifically, we had developed a proposed <br />memorandum of agreement with the purpose of developing a process <br />that would accommodate both legitimate federal and state <br />interests in the licensing process. There was considerable <br />effort expended in putting this draft together, as well as a <br />summary of every western state's water right permitting <br />procedures. This latter document was requested in order to <br />assist the Commission in understanding the typical state role in <br />evaluating water right applications. <br /> <br />These efforts were begun with the blessing of your <br />predecessor and in cooperation with staff members of your <br />hydropower licensing division, with hopes on both sides that <br />these matters could be handled administratively without the need <br />for further battles in Congress and in the courts. Thus, we were <br />very disappointed to recently learn from John Clements of your <br />conclusion that the proposed MOA is illegal as currently framed, <br />and more importantly that an MOA is not a proper vehicle to <br />address the issues that have plagued us for so long. This <br />disappointment is exacerbated by the knowledge that FERC has <br />entered into MOAs with other federal agencies and, in fact, with <br />the state of Washington regarding dam safety. <br /> <br />Given this disappointment and apparent incongruity, we would <br />very much like a written explanation of your decision~ namely (1) <br />in what respects is the proposed MOA illeg:al~ and (2) why is an <br />MOA an inappropriate vehicle for imprOVing federal/state <br />relations in the hydropower licensing process? I would hope, <br />given the time and energy we have expended in developing the <br />draft MOA and other related documents, that you will respond to <br />this request. Thus, we look forward to hearing from you. <br /> <br />sincerely, <br />(" ~- ~ttiP <br />D. "'c;aiff"sell <br />Executive Director <br /> <br />cc: FERC Subcommittee Members <br />John Clements <br />Jo Clark <br />