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HomeMy WebLinkAboutRM951600.docxUNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION NOTICE OF FILING REGULATIONS FOR) THE RELICENSING OF HYDRO )DOCKET NO. RM95-16-000 ELECTRIC PROJECTS) )                                                             ) COMMENTS OF THE IDAHO PUBLIC UTILITIES COMMISSION The following comments of the Idaho Public Utilities Commission (IPUC) are in response to the notice issued by the Federal Energy Regulatory Commission issued on October 31, 1995 soliciting comments on the Petition for Rulemaking filed by the National Hydro Power Association (NHA).The IPUC is a state regulatory agency that has jurisdiction over rates and services of investor owned utilities providing service to customers in the state of Idaho.  It is authorized by state law to require public utilities to provide reasonable services and facilities at just and reasonable rates. The NHA petition seeks reforms in the Commission’s regulations governing the relicensing of the non-federal hydroelectric projects and proposes to proceed through the rulemaking process.  These comments of the IPUC are general in nature and relate to our support of the rulemaking process for this case. IPUC Support for Rulemaking IPUC supports the NHA petition for rulemaking on procedures governing relicensing of non-federal hydroelectric projects.  The NHA proposal to redesign the relicensing process to make it more efficient should ultimately benefit not only utilities with projects to be relicensed, but the many diverse interest groups and resource agencies with a stake in relicensing issues as well. The IPUC has a significant interest in the relicensing process.  Customers of our investor-owned utilities rely on almost 2000 megawatts of hydroelectric capacity that must be relicensed over the next decade.   We perceive the relicensing process as having a significant impact on the Idaho consumer.  We support an efficient process to accomplish that task. The IPUC believes that the changes proposed by NHA would improve the relicensing process.  For example, the integration of relicensing and the National Environmental Policy Act (NEPA) process should result in earlier identification of issues and more effective use of all parties’ time and resources.  We also expect other participants with perspectives different from NHA to suggest practical changes to the process as well. The Commission has requested comments on the applicability of negotiated rulemaking or other consensual resolution of the issues presented in this docket.  We believe that some form of alternative dispute resolution is very appropriate in this case.  The Commission is being asked to change its current procedure to one that is more efficient and allows more effective participation by the many parties interested in relicensing.  A consensual process would allow the various interests to participate in designing a process for relicensing that accommodates the needs of all.  We, therefore, encourage the Commission to begin without delay a negotiated rulemaking on relicensing reform. Respectfully submitted this              day of January 1996.                                                        RALPH NELSON, PRESIDENT                                                        MARSHA H. SMITH, COMMISSIONER                                                        DENNIS S. HANSEN, COMMISSIONER ATTEST:                                                            Myrna J. Walters Commission Secretary bls/N-rm951600.sh