Author(s): Stephen Angle; John A. Schnagl
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Abstract: The Federal Energy Regulatory Commission licensed the Don Pedro Hydroelectric Project on the Tuolumne River in California, requiring an interim review of the amount of instream flow released from the Don Pedro Reservoir. The interim review, to determine appropriate flows for the downstream chinook salmon fishery, generated voluminous studies, diverse interpretations, and a variety of recommendations. The Commission, with the consent of the licensees, resource agencies, and non-governmental entities, initiated an alternative dispute resolution process to seek a consensual agreement. Facilitators from the Federal Mediation and Conciliation Service agreed to conduct the negotiations and, in order to optimize the chance that any settlement would be acceptable to the Commission, Commission staff directly participated in the negotiations. The participants successfully achieved a consensual settlement that was implemented July 1996 by Commission order. The success of this ADR process required skilled facilitators and dedicated participants willing to invest the necessary time, resources, and creativity to achieve a consensual agreement.
Year: 1997