SCOPE CREEP IN LICENSE IMPLEMENTATION

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SCOPE CREEP IN LICENSE IMPLEMENTATION

• Root Causes
• Ambiguous license terms/plans
• Changing social values
• Changing environmental conditions
• Stakeholder attitudes

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Ambiguous License Terms/Plans

• Safe, timely and effective downstream passage
• Adaptive management provisions
• Goal oriented requirements with no pathway or
  schedule

3
Changing Social Values

• Greater emphasis on environment (natural)
• Focus on renewable energy
• Balance between developmental and
  non-developmental values

4
Changing Environmental and Regulatory Conditions

• Introduction of unwanted species (e.g., northern
  pike)
• Deterioration of environmental conditions (e.g.,
  salmon habitat/populations)
• New ESA listings
• Water quality standards

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FERC L Forms
L1, L3 and L5 - Article 15. The Licensee shall,
for the conservation and development of fish and
wildlife resources, construct, maintain, and
operate, or arrange for the construction,
maintenance, and operation of such reasonable
facilities, and comply with such reasonable
modifications of the project structures and
operation, as may be ordered by the Commission
upon its own motion or upon the recommendation of
the Secretary of the Interior or the fish and
wildlife agency or agencies of any State in which
the project or a part thereof is located, after
notice and opportunity for hearing.
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Stakeholder Attitudes

• Never satisfied types
• New kid on the block
• Philosophical differences

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Managing Scope Creep

• Get agreement on mutual objectives
• To extent possible, put bounds on requirements
• Make plans as specific as possible
• Continuously work at maintaining trust
• Dispute resolution article in settlement agreement

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Managing Scope Creep

• Work with regulators and stakeholders when social
  values or environmental conditions change
• Put yourself in stakeholder shoes

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