SCOPE CREEP IN LICENSE SCOPE CREEP IN LICENSE IMPLEMENTATIONIMPLEMENTATION

Root CausesRoot Causes Ambiguous license terms/plansAmbiguous license terms/plans Changing social valuesChanging social values Changing environmental conditionsChanging environmental conditions Stakeholder attitudesStakeholder attitudes

Ambiguous License Terms/PlansAmbiguous License Terms/Plans

Safe, timely and effective downstream Safe, timely and effective downstream passagepassage

Adaptive management provisionsAdaptive management provisions Goal oriented requirements with no Goal oriented requirements with no

pathway or schedulepathway or schedule

Changing Social ValuesChanging Social Values

Greater emphasis on environment Greater emphasis on environment (“natural”)(“natural”)

Focus on renewable energyFocus on renewable energy Balance between developmental and non-Balance between developmental and non-

developmental valuesdevelopmental values

Changing Environmental and Changing Environmental and Regulatory ConditionsRegulatory Conditions

Introduction of unwanted species (e.g., Introduction of unwanted species (e.g., northern pike)northern pike)

Deterioration of environmental conditions Deterioration of environmental conditions (e.g., salmon habitat/populations)(e.g., salmon habitat/populations)

New ESA listingsNew ESA listings Water quality standardsWater quality standards

FERC L FormsFERC 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 AttitudesStakeholder Attitudes

Never satisfied typesNever satisfied types New kid on the blockNew kid on the block Philosophical differences Philosophical differences

Managing Scope CreepManaging Scope Creep

Get agreement on mutual objectivesGet agreement on mutual objectives To extent possible, put bounds on To extent possible, put bounds on

requirementsrequirements Make plans as specific as possibleMake plans as specific as possible Continuously work at maintaining trustContinuously work at maintaining trust Dispute resolution article in settlement Dispute resolution article in settlement

agreementagreement

Managing Scope CreepManaging Scope Creep

Work with regulators and stakeholders Work with regulators and stakeholders when social values or environmental when social values or environmental conditions changeconditions change

Put yourself in stakeholder shoesPut yourself in stakeholder shoes