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

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Start Preamble March 4, 2005.

On March 12, 2004, and July 8, 2004, the Commission requested applications from persons who wish to be included on a list of resource experts willing to serve as a third panel member in the study dispute resolution process of the Commission's hydropower integrated licensing process (ILP). We are now reopening the application period indefinitely. Respondents to the initial requests need not reapply to be considered.


The Commission's ILP encourages informal resolution of study disagreements. In cases where this in not successful, a formal study dispute resolution process is available for state and federal agencies or Indian tribes with mandatory conditioning authority.[1]

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 Start Printed Page 12469expenses to be borne by the Commission (31 CFR 301).

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.

TPMs can only be selected from a list of qualified persons (TPM List) that is developed and maintained by the Commission. Each qualified panel member will be listed by area(s) and sub-area(s) of technical expertise, for example Fisheries Resources-instream flow. The Commission is seeking the service of individuals with technical expertise in specific resource areas. While such individuals should be able to promote constructive dialog among the panelists, the Commission is not seeking the services of a mediator or arbitrator.

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. To expedite processing of the application and to ensure accurate identification of areas of interest and expertise, the applicant must, in response to item 1, list the specific resource area(s) for which he/she wishes to be considered, such as “Aquatic Resources: water quality and instream flow” or “Recreational Resources: whitewater boating and general”.

1. Technical expertise, including education and experience in each resource area and sub-area for which the applicant wishes to be considered:

  • Aquatic Resources.
  • Water quality.
  • Instream flows.
  • Fish passage.
  • Macroinvertebrates.
  • Threatened and endangered species.
  • General.
  • Terrestrial Resources.
  • Wildlife biology.
  • Botany.
  • Wetlands ecology.
  • Threatened and endangered species.
  • General.
  • Cultural Resources.
  • Recreational Resources.
  • Whitewater boating.
  • General.
  • Land use.
  • Shoreline management.
  • Visual/aesthetics.
  • General.
  • Geology
  • Geomorphology.
  • Erosion.
  • General.
  • Socio-economics.
  • Engineering.
  • Civil engineering.
  • Hydraulic engineering.
  • Electrical engineering.
  • 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. Applicants will be individually notified of the Commission's decision.


There is no deadline for applications; the application period will remain open until further notice.


Applications must be filed electronically via the Internet. See the instructions on the Commission's Web site ( under the “e-Filing” link. Applications should reference “Docket No. Ad04-4-000, 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.

Start Further Info


David Turner, Federal Energy Regulatory Commission, Office of Energy Projects, 888 First Street, NE., Washington, DC 20426, (202) 502-6091,

Start Signature

Magalie Salas,


End Signature End Further Info End Preamble


1.  See § 5.14 of the final rule, which may be viewed on the Commission's Web site at​industries/​hydropower/​indus-act/​ilp.asp, and see excerpted attachment describing the formal dispute resolution process.”

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2.  These persons must not be otherwise involved with the proceeding.

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3.  See § 5.9 of the final rule.

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[FR Doc. E5-1055 Filed 3-11-05; 8:45 am]