
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]               
[Page 55546-55547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc09-49]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 
Panel Member List for Hydropower Licensing Study Dispute 
Resolution; Notice Requesting Applications for Panel Member List for 
Hydropower Licensing Study Dispute Resolution

October 20, 2009.
    This notice requests applications from those interested in being 
listed as potential panel members to assist in the Federal Energy 
Regulatory Commission's (Commission) study dispute resolution process 
for the integrated licensing process of hydropower projects.

Background

    The Commission's integrated licensing process (ILP) regulations 
pertaining to hydroelectric licensing under the Federal Power Act 
encourages informal resolution of study disagreements. In cases where 
this is not successful, a formal study dispute resolution process is 
available for state and federal agencies or Indian tribes with 
mandatory conditioning authority.\1\
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    \1\ See Sec.  5.14 of the final rule, which may be viewed on the 
Commission's Web site at http://www.access.gpo.gov/nara/cfr/
waisidx_06/18cfr5_06.html.
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    The ILP provides that the disputed study must be submitted to a 
dispute resolution panel consisting of a person from Commission staff, 
a person from the agency or Indian tribe referring the dispute to the 
Commission, and a third person selected by the other two panelists from 
a pre-established list of persons with expertise in the disputed 
resource area.\2\ The third panel member (TPM) will serve without 
compensation, except for certain allowable travel expenses to be borne 
by the Commission (31 CFR 301).
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    \2\ These persons must not be otherwise involved with the 
proceeding.
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    The role of the panel members is to make a finding, with respect to 
each disputed study request, on the extent to which each study criteria 
set forth in the regulations is or is not met,\3\ and why. The panel 
will then make a recommendation to the Director of the Office of Energy 
Projects based on the panel's findings.
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    \3\ See Sec.  5.9 of the final rule.
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    TPMs can only be selected from a list of qualified persons (TPM 
List) that is developed and maintained by the Commission. This notice 
seeks additional members for the TPM list, which was originally 
compiled in 2004. Current members of the TPM list do not need to 
reapply. Each qualified panel member will be listed by area(s) and sub-
area(s) of technical expertise, for example Fisheries Resources--
instream flow. The TPM list will be available to the public on the 
Commission's Web site. All individuals submitting their applications to 
the Commission for consideration must meet the Commission's 
qualifications.

Application Contents

    The applicant should describe in detail his/her qualifications in 
items 1-4 listed below.
    1. Technical expertise, including education and experience in each 
resource area and sub-area for which the applicant wishes to be 
considered:

 Aquatic Resources
    [cir] water quality
    [cir] instream flows
    [cir] fish passage
    [cir] species specialists
    1. bull trout
    2. pacific salmon
    3. Atlantic salmon and cluepeids
    4. bass
    5. lamprey
    6. sturgeon
    [cir] macroinvertebrates
    [cir] threatened and endangered species
    [cir] general
 Terrestrial Resources
    [cir] wildlife biology
    [cir] botany
    [cir] wetlands ecology
    [cir] threatened and endangered species
    [cir] general
 Cultural Resources
    [cir] architectural history
    [cir] archeology
    [cir] Indian tribes
 Recreational Resources
    [cir] whitewater boating
    [cir] instream flows
    [cir] general
 Land use
    [cir] shoreline management
    [cir] general
 Aesthetics
    [cir] noise
    [cir] dark sky/nighttime artificial lighting
    [cir] aesthetic instream flows
    [cir] general
 Geology
    [cir] geomorphology
    [cir] erosion

[[Page 55547]]

    [cir] general
 Socio-economics
 Engineering
    [cir] civil engineering
    [ballot] hydrology
    [ballot] structural
    [cir] hydraulic engineering
    [cir] electrical engineering
    [cir] general

    2. Knowledge of the effects of construction and operation of 
hydroelectric projects.
    3. Working knowledge of laws relevant to expertise, such as: the 
Fish and Wildlife Coordination Act, the Endangered Species Act, the 
Clean Water Act, the Coastal Zone Management Act, the Wild and Scenic 
Rivers Act, the Federal Power Act, or other applicable laws.
    4. Ability to promote constructive communication about a disputed 
study.

How To Submit Applications

    Applicants must submit their applications along with the names and 
contact information of three references. Applications will be evaluated 
as they are received, and each applicant will be individually notified 
of the Commission's decision.
    Dates: The application period closes on February 15, 2010. 
Additional future application periods may be announced by the 
Commission as needed.
    Addresses: Applications must be filed electronically via the 
Internet. See the instructions on the Commission's Web site (http://
www.ferc.gov) under the ``e-Filing'' link. Applications should 
reference ``Docket No. AD04-4-001, NOTICE REQUESTING APPLICATIONS FOR 
PANEL MEMBER LIST FOR HYDROPOWER LICENSING STUDY DISPUTE RESOLUTION''.
    Other Information: Requests submitted must be in Word, Times New 
Roman 13 pt. font, and must not be longer than ten pages in length. 
Complete individual contact information must be provided, as formal 
interviews may be conducted either face to face or via teleconference 
as necessary prior to establishing the TPM List.
    For Further Information Contact: David Turner, Federal Energy 
Regulatory Commission, Office of Energy Projects, 888 First Street, 
NE., Washington, DC 20426, (202) 502-6091, David.Turner@ferc.gov.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25871 Filed 10-27-09; 8:45 am]

BILLING CODE 6717-01-P
