5.2 First-Stage Consultation

In First Stage Consultation, the licensee prepares a Study Plan by undertaking a joint meeting with agencies and other participants, and then considers written study requests and comments. A study plan dispute may be referred to the OEP Director for voluntary resolution.1

 

  1. See 18 C.F.R. §§ 4.38(c)(2), 16.8(c)(2).


5.2.1 Consultation Meeting

The licensee holds a pubic meeting with agencies, tribes, and other participants, in order to begin development of the Study Plan. The meeting will occur 30 to 60 days after OEP approves the request to use the TLP.1 The licensee will establish an agenda for the meeting, organize a site visit; publish notice of the meeting and the site visit; and prepare a meeting summary thereafter.2 Unlike the ILP, the TLP does not provide for OEP staff participation in such consultation.

 

  1. See 18 C.F.R. § 4.38(b); 18 C.F.R. § 16.8(b).

  2. See 18 C.F.R. § 5.5; 18 C.F.R. § 4.38(b); 18 C.F.R. § 16.7(d).


5.2.2 Comments and Study Requests

Participants must provide to the licensee any study requests1 within 60 days of the consultation meeting, or 120 days if an extension is timely requested to the licensee and the Commission. The criteria for a TLP study request largely duplicate those required in an ILP. See Section 4.2.5.2

 

  1. See 18 C.F.R. 4.38(b)(4); 18 C.F.R. 16.8(b)(4).

  2. See 18 C.F.R. § 4.38(b)(4) for the specific criteria.


5.2.3 Study Plan

The licensee must publish a Study Plan. The plan must document the results of consultation, including the basis for rejection or modification of any study request.

This step is different than the ILP in several critical respects. The OEP Director does not review or approve the Study Plan, and OEP staff do not participate in the plan development. Further, NEPA scoping is not concurrent with study plan development and instead commences after application filing.


5.2.4 Referral of Study Dispute to OEP Director

The licensee, agency, or tribe may refer a study dispute to the OEP Director, by filing a written request. Any participant may respond with comments within 15 days thereafter. The OEP Director will resolve the dispute on the basis of two criteria: (A) whether the request is reasonable and necessary in relation to the management objectives for the affected resources, and (B) whether it is generally accepted practice. The OEP Director will issue a resolution in letter form. The licensee may choose not to follow the resolution, just as it may choose to reject or modify any study request during First-Stage Consultation, although it then assumes the risk that the license application will be deemed deficient as a result.1

 

This step is substantially different than the ILP. Such referral is discretionary, in that a licensee or agency may elect to leave a study dispute unresolved. There is no deadline for resolution after referral. The OEP Director is solely responsible for any resolution and does not undertake peer review. The resolution is non-binding on the licensee.

  1. See 18 C.F.R. § 5.3.