Within 20 days of the Study Plan Determination, any federal agency with authority to prescribe conditions under FPA section 4(e) or 18, or a state agency or tribe with authority to issue a water quality certification under CWA section 401(a), may issue a Notice of Study Dispute for any study within the scope of those authorities.1 Within 20 days thereafter, OEP will convene a Dispute Resolution Panel consisting of: its own representative not otherwise involved in the relicensing, a representative of the disputing agency or tribe not otherwise involved in the relicensing, and a neutral panelist selected by the other two panelists.2 The licensee may file written comments within 25 days of the Notice of Dispute.3 Other participants may file comments and participate in a technical conference that the panel will hold prior to its own deliberations. The panel will specify the form (oral or written) and scope of the information needed from such participants.4
Within 50 days of the Notice of Study Dispute, the panel will make a finding whether each disputed study request meets the study criteria discussed in Section 4.2.4(A). The panel will then make a recommendation to FERC for a final decision, based on the finding. It will compile a record of its deliberations, including all documents submitted by the licensee or other participants.5 Within 20 days thereafter, the OEP Director will issue a written determination,6 which functions as an amendment to the Study Plan for those studies subject to the Notice of Study Dispute.7 The licensee must then implement any such studies.
-
See 18 C.F.R. § 5.14(a). The Notice of Dispute must explain how the disputing agency or tribe's request meets the study criteria as discussed in Section 4.2.4(A). It must include contact information for the representative designated for the Dispute Resolution Panel. See id. at § 5.14(b).
-
See 18 C.F.R. § 5.14(d). The parties must select the third panelist for a list of pre-established list of persons with expertise in the resource area, which is posted on FERC's website. See id. If the parties cannot agree on a third panelist within 15 days, FERC will appoint someone randomly selected from the list of technical experts maintained by FERC. See id.
-
See 18 C.F.R. § 5.14(i).
-
See 18 C.F.R. 5.4(j).
-
See 18 C.F.R. § 5.14(k).
-
See 18 C.F.R. § 5.14(l). Both the panel's recommendations and the Director's determination must satisfy the study criteria described in Section 4.2.4(A) above. See 18 C.F.R. § 5.14(k)-(l).
-
See id.
