Endangered Species Act Compliance for Electric Utilities

Lesson Learned #1: Maintain Momentum

 

Why?

  • Control costs and minimize schedule

How?

  • Avoid funding gaps
  • Consistent staff
  • Proof of progress to FWS
  • Be attractive to grants
  • Schedule regular meetings
  • Provide frequent updates

Lesson Learned #2: Create Positive Relationships

 

Why?

  • Facilitates working towards common goal

How?

  • Communicate frequently
  • Use respectful tone
  • Respond to every comment
  • Try to see perspective of regulator

Lesson Learned #3: Know the Process

 

Why?

  • Manage expectations and avoid pitfalls

How?

  • Read the HCP Handbook
  • Work with experienced consultants
  • Don’t neglect NEPA
  • Attend HCP class

Lesson Learned #4: Understand the Alternatives

 

Why?

  • Secure internal support for HCP investment

How?

  • Compile case studies of project-by-project compliance
  • Know history and cost of your ESA violations
  • Understand that compliance will only get more difficult
  • Consider years of benefits and annualized costs
  • Recognize intangibles: regulatory certainty, fixed mitigation

Lesson Learned #5: Refine Your Scope

 

Why?

  • Balance needs with time in the process

How?

  • Define plan area to meet HCP needs
  • Focus covered species
  • Refine covered activities to those with take
  • Consider multiple applicants carefully
  • Justify permit term
  • Coverage for non-listed species