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HomeMy WebLinkAboutSunrise Lake Hydro Project 1998HELLER EHRMAN WHITE & MCAULIFFE fet % —— ___ ATTORNEYS c fl f {C le A PARTNERSHIP OF PROFESSIONAL CORP (u | Pye G y tl (hs \ 200 MaRKeET BUILDING, SurTE 1750 ” SEATTLE | 200 S.W. MARKET STREET | } cuore LN ggg 7 cman OREGON 97201-5718 APR ROL ANCHORAGE TELEPHONE: (503) 227-7400 Z voit Develooment Facsimite: (503) 241-0950 March 27, 1998 Alaska Indusirial Develop SAN FRANCISCO and Export Authority Los ANGELES = Pato ALTO \ U WasHINGTON, D.C. HonG KonG SINGAPORE 13206-0009 VIA FEDERAL EXPRESS David P. Boergers, Acting Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Room 11-G Washington, D.C. 20426 equest to Proceed Under Alternative Licensing Procedures Sunrise Lake Water and Hydroelectric Project) "ERC Project No. 11591-000 City of Wrangell, Alaska Dear Mr. Boergers: By this letter, the City of Wrangell, Alaska (City), hereby formally requests that the Commission allow the City to proceed with the prefiling consultation and environmental review processes for the proposed Sunrise Lake Water and Hydroelectric Project (Project) under the alternative licensing procedures recently promulgated in Order 596. 18 CFR § 4.34(i); 62 Fed.Reg. 59,802 (Nov. 5, 1997); FERC Stats. and Regs. § B05: Under the alternative licensing process, the City intends to draft a single environmental assessment document, following cooperative public scoping, environmental studies and analysis, to meet both the Commission’s and the United States Forest Service’s (USFS’s) requirements under the National Environmental Policy Act (NEPA). The alternative licensing process requires the potential licensing applicant to: (1) “distribute an initial consultation package and conduct an initial information meeting open to the public;” (2) conduct “cooperative scoping of environmental issues (including necessary scientific studies), the analysis of completed studies, and any further scoping;” David P. Boergers, Acting Secretary March 27, 1998 Page 2 and (3) prepare a draft environmental assessment (or impact statement). 18 CFR § 4.34(i)(4)(i)-(iii). As contemplated by the Commission’s rulemaking,! the City has already begun its environmental consultation and scoping process under the standard three-stage consultation process set forth in 18 CFR § 4.38. In January 1998, the City sent out its Initial Consultation Package (ICP), which contained a Project description, listing of site conditions, project maps and drawings, and photographs. The ICP was sent to eleven State and federal agencies, native groups, and others. Notice of the ICP and the public meetings was published in the local newspaper. On February 17, 1998, the City held public scoping meetings on the Project in Wrangell, Alaska. The City has also solicited requests for environmental studies which are due on April 18, 1998. Separately, the City has met with the USFS to begin the environmental review process for the required Special Use Permit Application needed to construct and operate the Project. In the interest of greater coordination and communication with the USFS, FERC, other State and Federal agencies, native groups and other interested persons, the City has sought consensus over the past three months among the participants in the licensing process to proceed under FERC’s alternative licensing procedures. 18 CFR § 4.34(i). The City discussed its interest in the alternative licensing procedures in the ICP, at the public meetings on February 17, and in numerous conversations with individual agency representatives. To date, no agency or interested person has objected to the City’s use of the alternative licensing or applicant-prepared environmental assessment processes. Accordingly, pursuant to 18 CFR § 4.34(i)(3)(ii), the City prepared a communications protocol (based on examples provided by the Commission Staff) to govern the documentation of the consultation and coordination process and ex parte communications with the FERC staff. After the Commission Staff and the USFS reviewed and informally approved the draft communications protocol, the City circulated the revised version to a list of participants. Enclosed are an original and 14 copies of this letter and the Communications Protocol. The Communications Protocol has been agreed to and signed by most of the participants. See Communications Protocol, p. 6 (signatory list) and attached signature "62 Fed.Reg. 59,802, 59,805-06 ; FERC Stats. and Regs. 931,057 at p. 30,640. David P. Boergers, Acting Secretary March 27, 1998 Page 3 pages. A few agencies are still reviewing the Communications Protocol and require more time before they can approve the document. One participant, the National Marine Fisheries Service (NMFS), has disagreed with the Protocol for several reasons not germane to this specific project. A copy of NMFS’s response is also attached. The City (with the able assistance of Commission Staff) will continue to work to accommodate the concerns of NMFS and the remaining non-signatory participants. The City, however, is under an extremely tight deadline, due to FERC’s administrative process associated with approval of the alternative licensing procedures and the limited window of favorable weather conditions on Woronkofski Island in which to complete the requisite environmental studies this year. Because the City hopes to initiate a second round of NEPA scoping meetings in May, the Commission’s timely attention to the City’s request would be greatly appreciated. If you have any questions regarding the Communications Protocol or this request, please call me at (503) 795-7452. Very truly yours, alt hefe Todd G. Glass Attachments: Communications Protocol & Participant signature pages Enclosures: Original and fourteen copies I hereby certify that on this day, I served a copy of this letter, with attachments, on all persons listed on the Participant List set forth in the attached Communications Protocol, via first class mail. Todd G. Glass COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 I. INTRODUCTION This protocol provides a framework for documenting consultation and coordination among all participants, including the City of Wrangell, Alaska (City or Applicant), the Federal Energy Regulatory Commission (Commission), the United States Forest Service (USFS), other State and Federal agencies, native groups, special interest groups, non-governmental organizations, and other concerned individuals involved in the licensing of the Sunrise Lake Water and Hydroelectric Project (Project No. 11591-000), located about five miles southwest of Wrangell, Alaska. The Commission has issued a three-year preliminary permit for the proposed project, which expires on December 31, 1999. In the interest of greater communication and coordination with the Federal and State agencies and the interested public, the Applicant is interested in pursuing a Commission license through the alternative licensing procedures set forth in 18 CFR 4.34(i). The Applicant has reached consensus with State and Federal agencies and interested public that the alternative procedures may adequately address the issues involved with the environmental review, permitting, and licensing of this project. In addition, as part of the alternative licensing procedures and pursuant to the Energy Policy Act of 1992, the Applicant will apply to the Commission for a hydropower license through the Applicant-Prepared Environmental Assessment (APEA) process. The alternative licensing procedures and APEA process will result in a single Draft Environmental Assessment (DEA) being prepared at the same time as the license application. Preparation of the DEA will include information gathered during public scoping and analysis conducted under requirements of the National Environmental Policy Act (NEPA). The Applicant has selected the engineering/consulting firm of R.W. Beck, of Seattle, Washington, to prepare the DEA and the license application on its behalf. The DEA will replace Exhibit E usually required by the Commission in license applications. During the alternative licensing procedures and APEA process for this project, interested participants will be given the opportunity to comment: (a) during NEPA scoping; (b) when study requests are made; (c) when the draft application and preliminary DEA (PDEA) are made available; and (d) when the Commission issues the notice of availability of its DEA after the license application is accepted. For this process to succeed, it is important that the participants provide timely comment and information. Project No. 11591-000 Sunrise Lake Water and Hydroelectric Project A PDEA will be prepared and distributed for agency and public comment prior to development of the DEA. The DEA will be the document included with the license application and together will provide the basis for possible issuance of a hydropower license for this project. The opportunity for attaining formal party status through intervention in the licensing proceeding will occur after the license application is filed with the Commission and formal notice of the filing is made by the Commission. Il. COMMUNICATION PROCEDURES In the course of preparing the license application and DEA, there will be meetings open to the general public. It is recognized that ample notice of such meetings is needed, and that transactions of such meetings require adequate documentation, especially since various constraints may prevent interested parties from attending all meetings. In addition, mechanisms are needed to establish the formal consultation record. 18 CFR § 4.34(i)(3)(ii). Because full communication among the participants in the APEA process is critical, this Protocol ensures that all information is conveyed among the participants in a regular and predictable manner and that all participants comply with the Commission’s ex parte communication regulations (18 CFR 385.2201, attached hereto as Attachment 1). A. Participants in the Licensing Process The alternative licensing/APEA process for the project, especially the scoping and review of the DEA, is open to the general public and their participation is encouraged. The regulations envision the active involvement of all concerned parties. A Participant List (Attachment 2), compiled by the Applicant, will be maintained to identify those agencies, organizations, individuals and groups that would participate in the APEA process for this project. The Participant List will be used to provide notice of availability of information for public review, as well as notice of any public meetings to be held. Any concerned parties not already on the list who may wish to become a participant of this Communications Protocol, should contact the Applicant’s Agent: Mr. Stephen M. Hart R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 (206) 695-4720 Fax: (206) 695-4772 As of March 27, 1998, the Applicant proposes an alternative licensing/APEA process schedule set forth in Section III, below. This schedule is subject to revision. Page 2 - COMMUNICATIONS PROTOCOL Project No. 11591-000 Sunrise Lake Water and Hydroelectric Project B. Public Reference File There will be two Public Reference Files for this project, maintained on a weekly basis. They will include bi-monthly status reports regarding the progress of the project, meeting minutes, draft technical reports as completed, written correspondence, and telephone discussion notes, and will identify any issues related to the development of the DEA which require discussion. The addresses of the two Public Reference Files are: City of Wrangell, Alaska P.O. Box 531 Wrangell, AK 99929 Federal Energy Regulatory Commission Public Reference Room, Room 2-A 888 First Street, N.E. Washington, DC 20426 Material will be available for review and copying. iG: Written Communications All written communications that need to be part of the public record, including comment letters, progress reports, fax communications, meeting summaries, and teleconference summaries, or in which any party intends to become part of the formal record, should be mailed to: Mr. Stephen M. Hart R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 R.W. Beck, as the Applicant’s Agent, will distribute copies of all such communications to the Public Reference Files of the City and the Commission. All written communication must have the following clearly displayed: SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT (PROJECT NO. 11591-000) Page 3 - COMMUNICATIONS PROTOCOL Project No. 11591-000 Sunrise Lake Water and Hydroelectric Project D. Teleconference Communications Periodic teleconference calls between those involved in the EA may occur on an “as needed” basis. If the communication is between an agency and either the Applicant, its Agent, or the Commission, the party initiating the call will forward a written summary of the call to the Applicant’s Agent (as listed in II.A above) to be included with each Public Reference File. R.W. Beck will distribute copies of all such communications to the City and the Commission. Also, any teleconference calls between the Applicant, its Agent, or the Commission should be included in the Public Reference File, with a summary written by the party initiating the call. E. Coordination Meetings Meetings between and among those involved in preparing the DEA may occur on an “as needed” basis, and the meeting summary shall be prepared by the person requesting the meeting. All summaries, to be included with each Public Reference File, shall be mailed to Applicant’s Agent (as listed in II.A above). Summaries will be mailed or faxed to anyone requesting a copy. F. Contact Logs Contact log sheets will be utilized to document all verbal communications among the participants, if between an agency and the Applicant or its Agent, or the Commission. A contact log sheet will also be kept of communications between the Commission and the Applicant. Contact log sheets will include all information pertinent to the communication, (i.e., individual(s) involved, titles(s), date of communication, subject of communication, issues discussed, actions to be taken). A sample contact log sheet used by the Applicant is provided as Attachment 3. G. Public Meetings and Notice Meetings specifically held to obtain comments from the general public will be held at various points in the alternative licensing/APEA process. Notice of each meeting, and any additional public meeting that may be needed, will be published in the local newspaper for the project site (Wrangell Sentinel) and a statewide publication (i.e. Anchorage Daily News), at least 15 days in advance of the meeting date. Applicant shall serve notification of the meeting to all those on the project’s Participant List. In addition to mailing out the PDEA and draft application to the project distribution list, the foregoing public meeting notice procedures will be used to announce the availability of the PDEA and draft application to the public. The Commission will Page 4 - COMMUNICATIONS PROTOCOL Project No. 11591-000 Sunrise Lake Water and Hydroelectric Project also publish notice in the Federal Register announcing the availability of the PDEA and draft application, and other meetings as the Commission requires. Applicant will prepare minutes of all meetings and circulate them to the attendees. In cases where the formal comments from interested parties are solicited to comply with the Commission’s regulations regarding consultation, the verbal comments, if any, which are reflected in the approved meeting minutes shall be considered the parties’ formal comments if they choose not to provide written comments. H. Communication with Commission Staff The Commission has determined that its ex parte rules (see Attachment 1) will apply to all communications. Any person may communicate verbally with Commission staff during the licensing process. Such communications may concern the procedure or the merits of the process, including preparation of the DEA, and may take place without prior notice to other participants. All written communications with the Commission or its staff from any party, must be filed with the Secretary of the Commission, at 888 First Street, N.E., Washington, D.C. 20426, with copies to the Applicant’s Agent, R.W. Beck, for placement in the other Public Reference File. With respect to any verbal communication with the Commission staff, the communication may be summarized in a written memorandum prepared by the staff member participating in the call, or by another participant in the call designated by the staff member. The memorandum shall be promptly filed in the Commission’s official docket for these proceedings, which shall be available to all parties. A copy of the discussion memorandum shall be forwarded by the Commission staff member to the Applicant’s Agent, R.W. Beck, for inclusion in the other Public Reference File maintained by the Applicant. I. Bi-monthly Progress Reports After the participants endorse their support for this protocol, Applicant’s Agent shall file with the Commission bi-monthly progress reports that summarizes the project status. Each report shall include the following: i Descriptions of all action taken on the project during the previous two months. Dy Copies of all comment letters and other written correspondence received during the previous two months, including those with the Commission staff. Page 5 - COMMUNICATIONS PROTOCOL Project No. 11591-000 Sunrise Lake Water and Hydroelectric Project 3, Copies of all meeting summaries and teleconference call summaries received during the previous two months, including those with Commission staff. 4. Any other information pertinent to the project. Each bi-monthly progress report will be placed in each of the two Public Reference Files (see item II.B. above) for this project. Each of the participants shall receive a copy of the cover letter submitting the progress report to the Commission along with a log of all communications filed for that period. Any of the participants may request a copy of any item on the log from the Applicant’s Agent. J. Signatories to This Communications Protocol and Amendment Amendments to this Communications Protocol may be made with the written concurrence of all of the signatory parties. The following are current signatory parties to this protocol: U.S. Forest Service U.S. Fish and Wildlife Service U.S. Geological Survey U.S. Environmental Protection Agency U.S. Army Corps of Engineers Alaska Office of History and Archaeology Alaska Department of Environmental Conservation Alaska Native Brotherhood Tyee Lake Hydroelectric Project Cascades Environmental Services Page 6 - COMMUNICATIONS PROTOCOL Project No. 11591-000 Sunrise Lake Water and Hydroelectric Project Iii. APEA SCHEDULE The tentative schedule for completing licensing activities in the alternative licensing/APEA process for the proposed Sunrise Lake Water and Hydroelectric Project is as follows: Licensing Activities Date Initial Consultation Package sent to State and Federal agencies 01/16/98 Notice of First Scoping Meeting published in Wrangell Sentinel 02/02/98 First Stage Consultation Public Scoping Meetings held in Wrangell 02/17/98 Draft Communications Protocol circulated to agencies and interested 03/20/98 parties Request to Proceed Under Alternative Licensing Procedures filed at 03/27/98 FERC (with Communications Protocol) Notice of Request Proceed Under Alternative Licensing Procedures ~ 04/10/98 published in Federal Register Written Requests for Study due (60 days after First Stage 04/18/98 Consultation Meetings) Consultation and Scoping Document (approved by USFS and FERC 04/20/98 Staff) sent to participants list Notice of NEPA Scoping & Consultation Meeting published 05/04/98 Bi-monthly report due 04/30/98 NEPA Scoping & Consultation Meeting in Wrangell (and site visit) 05/20-21/98 Comments due on Scoping and Secondary Study Requests 06/22/98 6-month Progress Report due to FERC (in lieu of Bi-monthly report) 06/30/98 Bi-monthly report due 08/30/98 PDEA and Draft Application issued and circulated to agencies and 09/30/98 interested parties (including environmental study results) Notice of PDEA and Draft Application published in Wrangell 10/98 Sentinel, Anchorage Daily News, and Federal Register Bi-monthly report due 10/30/98 Comments, Recommendations and Conditions due 11/30/98 License Application and DEA filed at FERC and sent to agencies and 12/31/98 interested parties Page 7 - COMMUNICATIONS PROTOCOL Federal Energy Regulatory Commission of the State or other governmental au- thority. in any proceeding (b) A person compelled to appear or voluntarily testifying or making a statement before the Commission or the presiding officer. may be accom- panied, represented. and advised by an attorney or other qualified representa- tive. (c) A person appearing before the Commission or the presiding officer must conform to the standards of ethi- cal conduct required of practitioners before the Courts of the United States, and where applicable. to the require- ments of Section 12{i) of the Public Utility Holding Company Act of 1935 (15 U.S.C. 791(i)) §385.2102 Suspension (Rule 2102). (a) After a hearing the Commission may disqualify and deny. temporarily or permanently, the privilege of ap- pearing or practicing before it in any way to a person who is found (1) Not to possess the requisite quali- fications to represent others. or (2) To have engaged in unethical or improper professional conduct, or (3) Otherwise to be not qualified. (b) Contumacious conduct in a hear- ing before the Commission or a presid- ing officer will be grounds for exclusion of any person from such hearing and for summary suspension for the dura- tion of the hearing by the Commission or the presiding officer §385.2103 Appearance of former em- ployees (Rule 2103). (a) No person having served as a member. officer. expert. administrative law judge. attorney. accountant. engi- neer, or other emplovee of the Commis- sion may practice before or act as at- torney. expert witness. or representa- tive in connection with any proceeding or matter before the Commission which such person has handled. investigated. advised. or participated in the consid- eration of while in the service of the Commission. (b) No person having been so em- ployed may within | year after his or her employment has ceased. practice before or act as attorney. expert wit- ness, or representative in connection with any proceeding or matter before the Commission which was under the 95 ATTACHMENT 1 § 385.2201 official responsibility of such person. as defined in 18 U.S.C. 202, while in the service of the Commission. (c) Nothing in paragraphs (a) and (b) of this section prevents a former mem- ber, officer, expert, administrative law judge. attorney. accountant, engineer, or other employee of the Commission with outstanding scientific or techno- logical qualifications from practicing before or acting as an attorney or rep- resentative in connection with a par- ticular matter in a scientific or tech- nological field if the Chairman of the Commission makes a certification in writing. published in the FEDERAL REG- ISTER. that the national interest would be served 5y such action or representa- tion Subpart V—Ex Parte Communica- tions; Separation of Functions §385.2201 Ex (Rule 2201). In order to avoid all possibilities of prejudice. real or apparent, to the pub- lic interest and persons involved in Proceedings pending before the Com- mission: (a) Except as permitted in paragraph (b) of this section. no person who is a party to. or his or her counsel, agent. or other person acting on his or her be- half. and no interceder in, any on-the- record proceedings. shall submit ex parte. off-che-record communications to any member of the Commission or of his or her personal staff. to the admin- istrative law judge. or to any other em- ployee of the Commission. regarding any matter pending before the Com- mission in any contested on-the-record proceeding. and no Commissioner member of his or her personal staff. Administrative Law Judge. or any other emplovee of the Commission. shall request or entertain any such ex parte. off-che-record communications. For the purposes of this section. the term ‘ex parte communication” means an oral or written communication rel- ative to the merits of an on-the-record proceeding pending before the Commis- sion which is not on the public record and with respect to which reasonable prior notice to the parties is not given, buc it shall not include requests for parte communications i § 385.2201 status reports on any matter or pro- ceeding covered by this section: the term ‘decisional employee’ means a commissioner or member of his or her personal staff. an administrative law judge. or any other employee of the Commission who is or may be reason- ably expected to be involved in the decisional process of the proceeding; the term “‘contested on-the-record pro- ceedings’ means a proceeding required by statute. constitution. published Commission rule or regulation or order in a particular case. to be decided on the basis of the record of a Commission hearing, and in which a protest or a pe- tition or notice to intervene in opposi- tion to requested Commission action has been filed: the term “‘interceder” shall include any individual outside the Commission, whether in private or pub- lic life. partnership. corporation. asso- ciation. or other agency. other than a party or an agent of a party. who vol- unteers a communication. (b) The prohibitions contained in paragraph (a) of this section do not apply to a communication: (1) From an interceder who is a local. State. or Federal agency which has no official interest in and whose official duties are not affected by the outcome of the on-the-record proceedings before the Commission to which the commu- nication relates: (2) From an interceder relating to matters of procedure only: (3) From a party to, or his or her counsel, agent. or other person acting on his or her behalf. in an on-the- record proceeding. if the communica- tion relates to matters of procedure only and is directed to the Secretary of the Commission. staff counsel. or any other employee in the presence of or with the prior approval of staff coun- sel: (4) From any person when otherwise authorized by law: ’ (5) When the communication is be- tween the staff counsel assigned to the proceeding or. in the presence of or after coordination with such staff counsel. any other employee of the Commission (except a decisional em- ployee) and any party or counsel to any party or parties to the proceeding or, in the presence of or after coordina- tion with such counsel or party. and 18 CFR Ch. | (4-1-97 Edition) agent of any such party: Provided, That any employee of the Commission who may reasonably be expected to partici- pate in the decisional process may waive such participation by entering a staff appearance in the proceeding: Pro- vided further. That non-unanimous set- tlement offers shall thereafter be served on the participants in the pro- ceeding prior to the submission of such offers to the Commission: (6) Which the participants agree may be made on an ex parte basis: (7) Related to routine safety, con- struction. and operational inspections of project works by the Commission staff not undertaken to investigate or study a matter pending in issue before the Commission in any on-the-record proceeding; (8) Related to routine field audits of the accounts or any books or records of a company subject to the Commission's accounting requirements not under- taken to investigate or study a matter pending in issue before the Commission in any on-the-record proceeding: (9) Which relates solely to a request for supplemental information or data necessary for an understanding of fac- tual materials contained in documents filed with the Commission in a pro- ceeding covered by this section and which is made in the presence of or after coordination with counsel, except a communication with a decisional em- ployee. in the absence of waiver of par- ticipation: (10) The Commission may. by rule or order. modify any provision of this sub- part. or Rule 1415. as it applies to all or part of a proceeding, to the extent per- mitted by law. The prohibitions of Paragraph (a) of this section do not apply to oil pipeline proceedings which are governed bv Rule 1415 (c) All written communications pro- hibited by paragraph (a) of this section. sworn statements reciting the sub- stance of all such oral communica- tions, and all written responses and sworn statements reciting the sub- stance of all oral responses to such pro- hibited communications must be deliv- ered to the Secretary of the Commis- sion who will place the communication in public files associated with the case, but separate from the material upon which the Commission can rely in 958 Federal Energy Regulatory Commission reaching its decision. The Secretary will serve such communications upon parties to the proceeding. The Sec- retary will also serve a copy of the sworn statement to the communicator and allow him or her a reasonable op- portunity to file a response. (d) 4 Commissioner, member of his or her immediate staff. administrative law judge. or any other emplovee of the Commission who receives an oral offer of any communication prohibited by paragraph (a) of this section shall de- cline to listen to such communication and shall explain that the matter is pending for determination. If unsuc- cessful in preventing such communica- tion, the recipient thereof shall advise the communicator that he or she will not consider the communication. The recipient shall prepare a sworn state- ment setting forth the substance of the communication and the circumstances thereof within 48 hours and deliver the statement to the Secretary of the Com- mission for compliance with the proce- dures established in paragraph (c) of this section (e) Requests for an opportunity to rebut, on the record. any facts or con- tentions contained in an ex parte com- munication which the Secretary has associated with the record may be filed in writing with the Commission. The Commission will grant such requests only where it determines that the dic- tates of fairness so require. Where the communication contains assertions of fact not a part of the record and of which the Commission cannot take of- ficial notice, the Commission in lieu of receiving rebuttal material normally will direct that the alleged factual as- sertion on any proposed rebuttal be disregarded in arriving at a decision. Nor will che Commission normally per- mit any rebuttal of ex parte endorse- ments or oppositions by civic or other organizations by the submission of counter endorsements or oppositions. (f) Upon receipt of a communication knowingly made in violation of para- graph (a) of this section, the Commis- sion, administrative law judge. or other employee presiding at the hear- ing may require. to the extent consist- ent with the interests of justice and the policy of underlying statutes. the communicator to show cause why his § 385.2202 or her claim or interest in the proceed- ing should not be dismissed. denied. disregarded, or otherwise adversely af- fected on account of such violation. (g) The prohibitions contained in this section shall apply from the time at which a proceeding is noticed for hear- ing or the person responsible for such communication has knowledge that it will be noticed for hearing or at the time at which a protest or a motion or notice to intervene in opposition to re- quested Commission action has been filed. whichever occurs first {Order 225. 47 FR amended by Ord 1984} 19022. Mav 3 376. 49 FR 21707 1982. as May 23 §385.2202 Separation of functions of staff (Rule 2202). In any proceeding in which a Com- mission adjudication is made after hearing, no officer. emplovee. or agent assigned to work upon the investiga- tion or trial of the proceeding or to as- sist in the trial thereof. in that or any factually related proceeding. shall par- ticipate or advise as to the findings. conclusion or decision, except as a wit- ness or counsel in public proceedings PART 388—INFORMATION AND REQUESTS Sec. 388.101 Scope 388.102 Notice of proceedings 388.103 Notice and publication of decisions. rules. statements of policy. organization and operations. 388.104 Informal advice from Commission staff. 388.105 Procedures for press. television. radio. and photographic coverage 388.106 Requests for Commission records available in the Public Reference Room 107 Commission records exempt from public disclosure 388.108 Requests for Commission records not available through the Public Reference Room (FOIA requests) 388.109 Fees for record requests 388.110 Procedure for appeal of denial of re- quests for Commission records not pub- licly available or noc available through the Public Reference Room and denial of requests for fee waiver or reduction. 388.111 Procedures in event of subpoena. 388.112 Requests for privileged treatment of documents submitted to the Commission. 388 959 SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT FERC PROJECT NO. 11591-000 ATTACHMENT 2 PARTICIPANT LIST Federal Agencies: Mr. David P. Boergers Acting Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 (202) 219-2700 FAX: (202) 219-2732 Mr. Harry T. Hall Regional Director Federal Energy Regulatory Commission 101 SW Main Street, Suite 905 Portland, OR 97204 (503) 326-5840 FAX: (503) 326-5857 Duane Petersen Ecological Services U.S. Fish and Wildlife Service 3000 Vintage Blvd., Suite 201 Juneau, AK 99801-7100 (907) 586-7240 FAX: (907) 586-7154 Steve Zimmerman National Marine Fisheries Service 709 W. 9th Street Juneau, AK 99801 (907) 586-7358 FAX: (907) 586-7012 Stephen J. Brady District Ranger Wrangell Ranger District Tongass National Forest P.O. Box 51 Wrangell, AK 99929 (907) 874-7500 FAX: (907) 874-7595 Bruce Bigelow U.S. Geological Survey P.O. Box 21568 Juneau, AK 99802 (907) 586-7287 FAX: (907) 586-7996 Ryan H. Winn Regulatory Specialist U.S. Army Corps of Engineers Regulatory Branch P.O. Box 896 Anchorage, AK 99506-0898 (907) 753-2720 FAX: (907) 753-5567 Rick Parkin Geographic Implementation Unit U.S. Environmental Protection Agency 1200 6th Avenue ELO-088 Seattle, WA 98101 (206) 553-8574 FAX: (206) Sunrise Lake Water ana ..ydroelectric Project FERC Project No. 11591-000 ATTACHMENT 2 - PARTICIPANT LIST Page 2 State Agencies & Native Groups: Ms. Lorraine Marshall Division of Governmental Coordination Office of Management and Budget P.O. Box 110030 Juneau, AK 99811-0030 (907) 465-3562 FAX: (907) 465-3075 Mr. Jim Cariello, Habitat Division Mr. Dean Beers, Sport Fish Division Mr. Ed Crane, Wildlife Conservation Mr. Brian Lynch, Commercial Fisheries Alaska Department of Fish and Game P.O. Box 667 Petersburg, AK 99833 (907) 772-3801 FAX: (907) 772-9336 Stan Siecuzkowski Alaska Industrial Development and Export Authority (AIDEA) 480 Tudor Road Anchorage, AK 99503-6690 (907) 269-3000 FAX: (907) 269-3044 Christopher Estes Statewide Instream Flow Coordinator Sport Fish Division Alaska Department of Fish and Game 333 Raspberry Road Anchorage, AK 99518-1599 (907) 267-2142 FAX: (907) 267-2422 Ms. Judith E. Bittner State Historic Preservation Officer Office of History and Archaeology 3601 C Street, Suite 1278 Anchorage, AK 98503-8921 (907) 269-8721 FAX: (907) 269-8908 John Dunker Department of Natural Resources Water Resources Section 400 West Willoughby Avenue Juneau, AK 99801-1795 (907) 465-2533 FAX: (907) 586-2954 David C. Sturdevant 401 Certification Team Leader Department of Environmental Conservation Division of Air and Water Quality Watershed Management Section 410 Willoughby Avenue, Suite 105 Juneau, AK 99801-1795 (907) 465-5276 FAX: (907) 465-5274 Richard Stokes Alaska Native Brotherhood P.O. Box 732 Wrangell, AK 99929 (907) 874-2612 FAX: (907) 874-3617 Sunrise Lake Water anc ..ydroelectric Project FERC Project No. 11591-000 ATTACHMENT 2 - PARTICIPANT LIST Page 3 Other Interested Parties: Scott Seabury City Manager City of Wrangell P.O. Box 531 Wrangell, AK 99929 (907) 874-2381 FAX: (907) 874-3952 Stephen M. Hart, P.E. Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 (206) 695-4700 FAX: (206) 695-4772 Pete Rittmueller Cascade Environmental Services, Inc. 1111 North Forest Street Bellingham, WA 98225-5119 (360) 671-1150 FAX: (360) 671-1152 Raymond Alt Project General Manager Tyee Lake Hydroelectric Project P.O. Box 1318 Wrangell, AK 99929 (907) 874-3834 FAX: (907) 874-2581 Tim Gillen Superintendent Wrangell Municipal Light & Power P.O. Box 531 Wrangell, AK 99929 (907) 874-3602 FAX: (907) 874-3614 Todd Glass, Esq. Heller Ehrman White & McAuliffe 200 S.W. Market Street Suite 1750 Portland, OR 97201-5718 (503) 227-7400 FAX: (503) 241-0950 SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT CONTACT LOG rev. 03/20/97 Name Title Date Subject of Communication Issues Discussed Action to be Taken € LNGAIWHOVLLV . MAR-26-98 THU 17:28 FAX NO. P. Ul MAR 20 ’98 @2:27PM +7 ER EHRMAN S@3~-241-4954 P.12/19 COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 I have read and agree to follow this Communications Protocol proposed by the City of Wrangell to guide communications and information exchange between the participants in the applicant-prepared environmental assessment process in a manner that complies with the Commission’s regulations on ex parte communications. SIGNATURE: AGENCY: DATE: LG | Lind, LS. foret Sopute she le & T agree with this communication protocol (] I disagree with this communication protocol {J ‘1 am ambivalent about this communication protocol Reasons, if any: Please mail to: Stephen Hart, P.E. Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 “MAR 24 798 88:26AM SEES JUNEAU Ped COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 I have read and agree to follow this Communications Protocol proposed by the City of Wrangell to guide communications and information exchange between the participants in the applicant-prepared environmental assessment process in a manner that complies with the Commission’s regulations on ex parte communications. AGENCY: CS isd 2 buy. me © bd unication protocol SIGNA a I agree with this co’ (0 I disagree with this communication protocol [] I am ambivalent about this communication protocol Reasons, if any: Please mail to: Stephen Hart, P.E. Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 03/24/98 12:58 Fax \oo1 MAR 26 ‘96 03:14PM HELL FHRMAN S@S-241-2958 P.12/19 COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 I have read and agree to follow this Communications Protocol proposed by the City of Wrangell to guide communications and information exchange between the participants in the applicant-prepared environmental assessment process in a manner that complies with the Commission’s regulations on ex parte communications. SIGNATURE: AGENCY: DATE: een ut, S. Geaniare. [Seey _3f24f78 XS [agree with this communication protocol I disagree with this communication protocol =] L arn ambivalent about this communication protocol Reasons, if any: Please mail to: Stephen Hart, P.E. Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seartle, WA 98154-1004 03/20/98 14:08 TX/BX NO.1465 P.012 B MAR-27-98 FRI 11:56 AM FAX NO. P, 02 03/26/98 + =16:50 @sx 713424 US EPA ANCHORAG: MAR 2a ‘96 O4:S75M neuLER EHRMAN SQ5-Zsl-wsS0 Q020/020 COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 Thave read and agree to follow this Communications Protocol proposed by the City of Wrangell to guide communications and information exchange between the participants in the applicant-prepared environmental assessment process in a manner that complies with the Commiission’s regulations on ex parte communications. SI TURE: AGENCY: DATE: Eid. A b Pik, EPK 9/27/48 yy Il agree with this communication protocol *€ CJ] I disagree with this communication protocol {am ambivalent about this communication protocol DO Reasons. if any: Die (Et) as lee wt. He proposed grehinss Bin i _gotnedl = gcovdel tot Col Bele apieraictals aldiusaes NMES 5s concens oe Khe propose A Bho 25 wll be deotlyed 4 Epeopruie Athans vihe ap psredd. 5) The apple ase arefit Please mail to: Stephen Hart, PE. Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 aepmoble fn the pine eT PLATE eNews Srepr lzoo st HE Eco -033 Seka wt ABlOl --7 77> 2a0d (o.\ ‘Mar-27-98 O5:08P COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 T have read and agree to follow this Communications Protocol proposed by the City of Wrangell to guide communications and information exchange between the participants in the applicant-prepared environmental assessment process in a manner that complies with the Commission's regulations on ex parte communications. SIGNAT ; AGENCY: DATE: hme A Lea es ngraeer$ _ 3B7/ , SEALS Eanch Ol I agree with this communication protocol Oo I disagree with this communication protocol §{ [am ambivalent about this communication protocol Reasons, if any: The lorgs kes cepstladacy pigelua ever his PyascL jacsjeet, Tiida Ske Loops tif? Zen eZ vm tule. MEH peer ee Te agaleant esi cee iced 2 shel He lag. /gsbense/¥ededood dfepnrdan wacd Necessary gubmtt& permit Please mail to: Stephen = R:E- Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle. WA 98154-1004 RCV BY:DiV. OF PARKS » b20998 1S 1GPM 503 241 09508 9072898308:813 COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 I have read and agree to follow this Communications Protocol proposed by the City of Wrangell to guide communications and information exchange between the participants in the applicant-prepared environmental! assessment process in a manner that complies with the Commission's regulations on ex parte communications. SIGNATURE: AGENCY: | | DATE: nals, pl Stat. htlgne _ oa / a. Pasdenatlan Opbee 3asf/t SK I agree with this communication protocol (ay T disagree with this communication protocol C1 _~—_sI am ambivalent about this communication protocol Reasons, if any: Please mai] to: Stephen Hart, P.E. Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 03/24/98 TUE 11:15 FAX 907 465 5274 DEC AWQ gj 002 MAR 26 ’98 02:14PM HE!'° EHRMAN SQ3-241-8958 P.11/1s8 COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 I have read and agree to follow this Communications Protocal proposed by the City of Wrangell to guide communications and information exchange between the participants in the applicant-prepared environmental assessment process in a manner that complies with the Commission’s regulations on ex parte communications. SIGNATURE: AGENCY: DATE: Bani Ati doveant Pe Dart Gru pt. Einuer . Masel 24 199% Con SQY Ua ( =‘ l agree with this communication protocol (J [disagree with this communication protocol O I am ambivalent about this communication protocol Reasons, if any: Please mail to: Stephen Hart, PE. Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 +@3-27-1998 10:46AM FROM TBPA TO 15832418958 P.a2 COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NC. 11591-000 L have read and agree to follow this Communications Protocol proposed by the City of Wrangell. to guide communications and mformation exchange between the participants m the applicant-prepared environmental assessment process in a manzer that complies with the Commission’s regulations on ex parte communications. SIGNATURE: AGENCY: DATE: ZELLA 3-27-%3 : Wh im a T agree with this communication protocol athe ber berns Just blows % oO I disagree with this communication protocol {1 am ambivalent about this communication protocol Reasons, ifany: _ /kere /s Cesteery ort bs faba ; Please mail to: Stephen Hart, PE. rh Project Manager RW. Beck 1001 Fourth Avenue, Suite 2500 Seattic. WA 98154-1004 TOTAL P.d2 MAR#23-98 HON 17:32 CASCADES ENVIRONMENTAL FAX NO. 3606711152 P, 02 MAR 22°98 @3:36Pt = LLER EHRMAN 503-241-0958 P.11/718 COMMUNICATIONS PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 I have read and agree to follow this Communications Protocol proposed by the City of Wrangell to guide communications and information exchange between the participants in the applicant-prepared environmental assessment process in a manner that complies with the Commission’s regulations on ex parte communications. SIGNATURE: AGENCY: DATE: CascedesE ny Series =: R 3/ 72 Ki; thm uelley- (Cj lL agree with this communication protocol 1) ‘I disagree with this communication protocol 0 I am ambivalent about this communication protocol Reasons, if any: Please mail to: Stephen Hart, P.E. Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle. WA 98154-1004 ~ 03/27/98 FRI 09:16 FAX 9075867012 PRMD JUNEAU, AK @oo2 COMMUNICATION PROTOCOL SUNRISE LAKE WATER AND HYDROELECTRIC PROJECT PROJECT NO. 11591-000 | have read and agree to follow this Communications Protocol! proposed by the City of Wrangell to guide communications and information exchange between the participants in the applicant-prepared environmental assessment in a manner that complies with the Commissions regulations on ex parte communications. SIGNATURE: AGENCY: DATE: Vice ee National Marine Fisheries Service 93/24 199 fl | agree with this communication protocol. X| | disagree with this communication protocol. | am ambivalent about this communication protocol. Reasons, if any: At this time the National Marine Fisheries Service (NMES) feels that the Communications Protocol as proposed has questions which must be answéred prior to our agreement. They are as follows: e What are the consequences of not complying with these protocols? e In the Communications Protecol under Part Il Section C - Written Communications - Is this to be the Administrative Record? If so how does the Federal Energy Commission (FERC) fit in? Must FERC requlations pertaining to the number of copies for official filinas (i.e. an Intervention) be adhered to? @ Also, in the Communications Protocol under Part Il, Section C - Written Communications - it states that “R.W_ Beck, as the Applicant's Agent will distribute copies of all such communications to the Public Reference Files of the City and the Commission”. Does this change after the draft application is filed? @ In the Communications Protocol under Part Il. Section E - Coordination Meetings - This should exclude meetings between the Resource Agencies, (i.e. where the applicant or FERC is not present). @ In the Communications Protocol under Part Il_ Section G - Public Meetings and Notice ~ The last paragraph of this section states that the “Appticant will prepare minutes of all meetings and circulate them to the attendees”. The words “the attendees” should be replaced with the words"all parties”. We wish to advise you that the NMFS has in the past agreed to such Communications Protocols. We would be happy to provide you with a copy as an example should you so wish. Please mail to Stephen Hart, P.E Project Manager R.W. Beck 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004