SCOPE CREEP IN LICENSE IMPLEMENTATION

SCOPE CREEP IN LICENSE IMPLEMENTATION • Root Causes • Ambiguous license terms/plans • Changing social values • Changing environmental conditions • Stakeholder attitudes

Ambiguous License Terms/Plans • Safe, timely and effective downstream passage • Adaptive management provisions • Goal oriented requirements with no pathway or schedule

Changing Social Values • Greater emphasis on environment (“natural”) • Focus on renewable energy • Balance between developmental and non-developmental values

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

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.

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

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

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

SCOPE CREEP IN LICENSE IMPLEMENTATION