The FERC licensing process is designed to frame the licensing of energy-producing projects, their developers and proponents. Individuals, organizations and agencies who live, work, recreate in, on or with free-flowing rivers and their aligned resources may be stakeholders in the licensing of hydropower dams.
Hydropower licensing participants often begin their involvement in a licensing process with ‘must have’ and ‘would like to have’ objectives that vary. As such, understanding the relationships of hydropower license stakeholders and the partnerships that may exist between them may be helpful, perhaps critically so. Developing positive relationships with fellow stakeholders, understanding the positions of the various interest groups, and negotiating in good faith will contribute to outcomes that balance the desires of the parties. This process can be aided with in person communications as opposed to conference calls and online group meetings. Often, conversations that take place during breaks and lunch can provide more value than hours of more formal meeting time.
Relationship dynamics will correspond to whether this is a license application to construct a new project or a new license for an existing project. A new project or a project that seeks to add power to an existing non-power dam will likely encounter significant opposition from some stakeholders, while a new license for an existing project may be negotiated through a collaborative process.
Take time to familiarize yourself with the following through research and by reaching out to colleagues:
Participant roles
Licensees, Tribes, government agencies, and the public Understand decision-making hierarchies that influence information-sharing and decision-making at the involved organizations.
Key skills
While these are important to all negotiations, familiarizing yourself with examples from hydropower relicensing projects will provide contextualized guidance:
Since you will be working with this group for years, it is important to develop positive relationships, including those with licensees or their representatives. People around the table may hold positions opposite of yours, and your contribution to moving the project forward to resolution depends on the trust that results from relationship-building time and effort.
In large organizations whose involvement will include multiple people, project leaders should pick top level staff with strong negotiation skills to work on these projects. The organization should provide staff training, start early, set overall vision of the project and outcome, and clearly define and understand roles of leaders versus staff. Importantly, the leader defines who has authority to negotiate and how to resolve conflict, develops a communication strategy, and owns the outcome. Teams should identify staff who can bridge the gap between being a technical expert and one that builds relationships.
Engaging tribes and Indigenous communities is foundational. Become familiar with their interests in the project area, indigenous ancestral lands, treaty rights, traditional ecological knowledge, tribal trust responsibilities, and tribal consultation policies. This investment will become an invaluable component of your project’s success.
Communicate clearly about your interests. Identify, articulate, and advocate for what you would like to see in a final license for this project.
Establish empathy for interests of stakeholders group.
Advocate in a “glass half full” manner. Licensing issues can be stressful at times, and it is important to be positive and avoid making things personal.
Seek common ground to support the the opportunities to reach shared objectives
Be willing to change your mind. If the goal of your relicensing group is to reach a settlement agreement, you must be open to compromise. Be flexible and entertain different concepts, yet do not be afraid to remain transparent about issues that are each a “must” for you.
Plan to make every effort to absorb and understand a tremendous number of resources and amount of information.
Be prepared to organize project elements and subtasks over an extremely long time horizon; to coordinate multiple priorities and schedules; and to consider the varying needs of multiple stakeholders.
Call on your highest quality verbal, written and people skills to ensure that your communications are accurate and thorough;
Encourage a welcome collaborative and inclusive space.
Practice active listening skills to absorb and respond to a variety of perspectives.
Prepare to contribute actively in facilitated discussions.
Understand the principles of diversity, equity, inclusion, justice, and accessibility to call on and apply them throughout the project’s process.
Become familiar with relevant historical, geographical and social building blocks of longstanding inequity in laws, land use and management, and efforts that have impacted historically underserved communities beyond the specific interests of the Tribes involved in your specific project.
Stakeholder and Tribal Groups and Their Priorities
Interest groups such as agencies and tribal governments often have priorities or mandates that may overlap with other groups. Learn and understand the role of the stakeholders with whom you will be working: you may be aligned with them on select issues and opposed to their position on others.
The following are examples of different interest groups and their priorities:
Understand their respective authorities and limits, as well as the role of staff representatives in the relicensing process.
Understand agency policy and the preferred plan direction to allow you to respond or suggest actions in context.
Keep leadership informed and understanding the internal review and decision processes: don’t be shy to seek input, support and informed input.
Tribal Trust responsibilities - Understand federal and state responsibilities; reach out to tribal governments, early and often, throughout the process.
Develop an intimate knowledge of the area and recreation activities
Prepare to provide an influential voice outside of the process to organization leadership, media, legislators, and the public at large
Each tribe and indigenous community is unique in its ways of life, and the issues that a tribe cares about for a license depend on that particular tribe and the specific aspects of a project.
Traditional Ecological Knowledge - Understand tribal governments and indigenous communities on-going accumulation of knowledge, practice and belief about relationships between living beings in a specific ecosystem acquired over hundreds or thousands of years through direct contact with the environment, and used for life-sustaining ways.
Treaty Rights - Understand which treaties and treaty rights apply to the Project area
Tribal Trust Responsibilities - As sovereign nations, tribes have unique rights, knowledge and opportunities for engagement in the licensing process. Accordingly, federal agencies and FERC have established tribal trust and consultation responsibilities. Becoming familiar with tribal trust responsibilities of FERC and other federal agencies as well as state agencies will serve stakeholder discussions well.
While these are important to all negotiations, familiarizing yourself with examples from hydropower relicensing projects will provide contextualized guidance:
