7.1.2 Form

An Offer of Settlement must include: a settlement of disputed issues in the proceeding and an Explanatory Statement.  That statement must show how the settlement is a proper basis for the licensing decision.  It must cite all documents and other evidence that support it.[1]

An offer may be partial or complete.  A offer may be partial in two ways: it may resolve some but not all of the disputed issues in the proceeding, leaving the signatories free to address the unresolved issues; or it may be signed by some but not all of the parties.  A settlement in a licensing proceeding will likely be approved if it resolves the most significant project impacts, including flow regulation, and if it is supported by the licensee, agencies, tribes, and other participants representing the diversity of interests affected by a project.


[1]               18 C.F.R. § 385.602.