Negotiating with State and Federal Fish and Wildlife Agencies

by Alan David Mitchnick, Federal Energy Regulatory Commission, United States,

Document Type: Proceeding Paper

Part of: Waterpower '89


The Federal Power Act of 1920 (Act), as amended by the Electric Consumers Protection Act of 1986, requires that the Federal Energy Regulatory Commission, in order to adequately and equitably protect, mitigate damage to, and enhance fish and wildlife affected by hydropower development, include conditions that are based on the recommendations of Federal and state fish and wildlife agencies. Section 10(j) (2) of the Act requires that when the Commission believes that any recommendations may be inconsistent with the Act or other applicable law, the Commission and the fish and wildlife agencies shall attempt to resolve any such inconsistencies giving due weight to the recommendations, expertise, and statutory responsibility of such agencies. This paper describes the meaning and significance of Section 10(j), the negotiation process used to resolve any such inconsistencies, the findings the Commission must make, the Commission's track record in dealing with agency recommendations, and how the problems of ex parte communications are handled.

Subject Headings: Negotiation | Federal government | Fish management | Wildlife | Hydro power | Electric power | Energy consumption | Power plants

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