Draft FY 2001 Budget and FY 2000 Revisions |
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| Council document 99-8 | |
APPENDIX B: Information Systems
APPENDIX C: Council Budget Showing
(Public Law – 96-501) Northwest Power Act
MISSION
To protect two great Northwest resources: low-cost electricity and fish and wildlife.
The Northwest Power Planning Council was created by Congress and the states of Idaho, Montana, Oregon and Washington to provide planning and policy leadership on regional electric power and fish and wildlife issues. The Council develops a plan to ensure a safe, reliable and economical power system with due regard for the environment. The Council also prepares a program to protect and enhance fish and wildlife in order to mitigate the effect of the Columbia River hydroelectric system.
In the development of its plan and program, the Council provides a forum for public involvement, makes certain the public interest is represented and balances competing interests.
OBJECTIVES
To accomplish these goals, the Council establishes action plans as an integral part of its regional energy plan and fish and wildlife program. These action plans, together with the Council's annual work plans, establish the structure for implementing the plan and the program.
The Fourth Northwest Power Plan was adopted early in 1998. The plan focuses on a number of the activities and recommendations of the Comprehensive Review of the Northwest Energy System, which was carried out in 1996.
The Council’s fish and wildlife program was last amended in 1994. The Council intends to amend the program again in FY 2000 and 2001.
In the sections that follow, this budget document describes in more detail the Council's activities and related funding requirements for the upcoming fiscal periods.
BUDGET HISTORY
The Council's budget has been sharply decreasing over the past four years. The proposed budgets for Fiscal Year 2000 and Fiscal Year 2001 reflect further reductions from the current Fiscal Year 1999 budget. From the time the Council was formed in 1981 and continuing through Fiscal Year 1999, the Council budget has averaged $6,700,000 per fiscal year, with a low of $5,964,000 in Fiscal Year 1984 and a high of $8,651,000 in Fiscal Year 1993. Actual expenditures have averaged $6,200,000 per fiscal year. Funding levels for the Council's budget have ranged from 0.061 to 0.093 mills per kilowatt-hour of the Bonneville Power Administration's annual projection of firm energy sales.
The Council's budget for the six-year period between Fiscal Year 1995 and Fiscal Year 2001 has decreased approximately 23 percent. Since Fiscal Year 1993 1999 (six years), the actual and projected cumulative annual inflation for the Portland area is 23.7 percent.
Each year the Council attempts to under-spend its budget. This is accomplished by adjusting staff workloads and deferring some contract studies while having others performed by Council staff. In addition, the Council continues to freeze some position vacancies or abolish other positions through organization restructuring.
FISCAL YEAR 2000/FISCAL YEAR 2001 BUDGET STRATEGY
The Council continues to be conscious of the need for healthy financial conditions for Bonneville Power Administration as the Council faces changes in its own role due to the restructuring in the electric utility industry and enhanced efforts to establish improved accountability in regional fish and wildlife recovery planning. In an effort to be responsive, the Council in Fiscal Year 2000 and Fiscal Year 2001 will maintain those budget constraints that began in 1995. These reduced budgets continue to be comparable to the Council budget in Fiscal Year 1986.
To accomplish this, the Council will:
PROPOSED BUDGET REQUESTS
The Council's budget for Fiscal Year 2001 and Revised Fiscal Year 2000 is based on current year (Fiscal Year 1999) expenditure levels plus adjustments for increased (or decreased) workload, certain program improvements and cost-of-living adjustment factors as provided by the U.S. Department of Energy (Bonneville). A number of cost-containment measures for personal services, travel, contracts and services and supplies have been incorporated in the budget.
BACKGROUND
The Northwest Power Planning Council (the "Council") was created by Congress in 1980, in accordance with the Pacific Northwest Electric Power Planning and Conservation Act ( the "Northwest Power Act"), and held its first meeting on April 28, 1981. The Council is an interstate compact agency, not an agency of the U.S. government. Section 4 (a)(2)(A).
The Council was authorized by Congress and created by the Northwest states to encourage conservation and development of renewable electricity resources in the Northwest, to assure the region an adequate, efficient, economical and reliable power supply, to protect and rebuild fish and wildlife populations damaged by Columbia River Basin hydropower development and operations, and to provide for broad public participation and consultation in the development of a regional power plan and a related fish and wildlife program. Sections 2(1)(A) and (B), (3), (3)(A). The Northwest Power Act requires the Council to prepare a fish and wildlife program for the Columbia River and its tributaries, a 20-year conservation and electric power plan for the region, and other programs and studies relating to the use and supply of electric power in the Northwest. The Bonneville Power Administration (Bonneville), Bureau of Reclamation, Corps of Engineers and Federal Energy Regulatory Commission are the principal agencies charged with implementing the fish and wildlife program. Sections 4(h)(10), (11)(A). Bonneville implements the Council’s conservation and electric power plan. Sections 4(d)(2), 6(b)(1).
Funding for the Council is provided by Bonneville, a self-financing federal agency, not by the Federal Treasury or by any state government in the region. The Northwest Power Act directs that expenses of the Council (subject to certain limits per Appendix C) shall be paid from funds available to the Bonneville administrator and be included in Bonneville’s annual budget submitted to Congress pursuant to the Federal Columbia River Transmission System Act. Section 4(c)(10)(A).
The Power Planning Council in a time of transition
The future role of the council begins with the proposition that a debate over the continuing role of the Northwest Power Act and the Council is already underway, and that the Act may be amended overt the next few years. The region needs to understand the issues that arise in the current transition and determine how its common interest should be represented in the future.
The Council takes the view that one of the primary ways it can add value during this transition is by continuing to provide high-quality, objective analysis. By clarifying regional choices and impacts, measuring them against the purposes of the Northwest Power Act, and generating open, informed debate, the Council can lay a foundation for regional consensus. The Council’s work under the Governor’ss’ auspices in facilitating the Comprehensive Review of the Northwest Energy System, the Transition Board, and the Bonneville Cost Review are examples of this kind of work. Similarly, the Council has undertaken pursuant to congressional request reviews of proposed federal capital investments at the dams, hatchery investments, and fish and wildlife governance. The Council’s analysis of Bonneville’s potential stranded cost exposure and development of a multi-species framework for fish and wildlife policy are additional examples of these kinds of activities.
Although this work may tend to be analytical and informational, the Council will also continue to play an active role in finding regional consensus on these issues. It is true that many of the questions that face the region – how the region fits into national energy restructuring legislation, the configuration of Snake and Columbia River dams, and the region’s future influence in energy and fish and wildlife policy – are likely to be determined by federal agencies or Congress, not just the region. However, it is also true that the Northwest will play a powerful role in this debate if it develops an informed consensus on these matters. The Council intends to help the region forge and maintain this consensus so that these issues are not decided without the region’s voice.
At the same time, the Council must continue to examine the region’s investment in energy alternatives and fish and wildlife recovery. In recent years, the Council has become more and more involved in examining Bonneville Power Administration energy and fish and Wildlife costs. The Council sees these activities as valuable both to the region and to Congress.
These observations, together with specific requests from Congress and the Council’s statutory responsibilities, identify several important areas of work which are addressed in this budget document.
COUNCIL RESPONSIBILITIES
Northwest Conservation and Electric Power Plan
During Fiscal Year 1998, the Council completed the Fourth Northwest Conservation and Electric Power Plan. The ongoing restructuring of the electric power industry is requiring the Council to continue to re-direct its efforts, away from traditional regional planning, toward accomplishing the goals of the Northwest Power Act in ways that are more consistent with competitive electricity markets. Those goals—assuring an adequate, efficient, economic and reliable power system; encouraging conservation and renewable resources; providing environmental quality; and protecting, mitigating and enhancing the fish and wildlife resources of the Columbia River Basin—remain valid goals. The decisions made during the utility industry’s transition will influence the region’s ability to attain those goals in the future. Accordingly, the Council views its responsibilities during the utility industry transition to include:
1. Supporting the work of the Northwest Energy Review Transition Board in overseeing implementation of the recommendations from the 1996 Comprehensive Review of the Northwest Energy System;
2. Implementing the recommendations of the Comprehensive Review regarding the Council’s role in power. These include:
4. Supporting the work of the Independent Economic Analysis Board to bring more rigorous economic analysis to the development and evaluation of fish and wildlife measures.
5. Ensuring that the best available science is applied in the development of Regional Fish and Wildlife recovery measures.
6. Serving as regional catalyst for cooperation on activities that support the goals of the Power Act;
7. Serving as a source of objective, timely information and analysis that will serve the region’s public interest and advance the effectiveness of an increasingly competitive electricity market.
Columbia River Basin Fish and Wildlife Program
Develop, adopt and amend a program to protect, mitigate and enhance fish and wildlife affected by development and operation of hydroelectric projects in the Columbia River Basin; report annually to Congress on the effectiveness of the program; and review the actions of the Bonneville Power Administrator to determine the consistency of those actions with the program and the extent to which the program is being implemented as well as to assist development of program amendments. Sections 4(g-i). In addition, the Council monitors the efforts of the Corps of Engineers, Bureau of Reclamation and Federal Energy Regulatory Commission to take into consideration the fish and wildlife program.
Public Involvement
Develop and maintain comprehensive programs to inform the public of major regional power and fish and wildlife issues, obtain public views and consult with Bonneville, Bonneville’s customers, fish and wildlife agencies, Indian tribes and others. Sections 2(3) and 4(g).
COUNCIL ACTIONS
The Council adopted its first fish and wildlife program in November 1982, and amended the program in Fiscal Years 1984, 1987, 1992 and 1994. The Council is currently assisting the region in the development of a framework program to form the basis for its next fish and wildlife rulemaking. The Council adopted its first regional power plan during Fiscal Year 1983, amended the plan in Fiscal Year 1986 and adopted a plan supplement in Fiscal Year 1989. In 1991, the Council adopted its 1991 Northwest Conservation and Electric Power Plan. Public affairs activities during these times focused on informing and educating the public about the Council’s decision-making process in the fish program and the energy plan. The Fourth Power Plan was adopted in 1998. The plan’s primary focus is to further the recommendations of the Comprehensive Review of the Northwest Energy System.
The Council will initiate actions early in Fiscal Year 2000 to amend its fish and wildlife program. This process will incorporate a scientific framework and attempt to move closer to a more unified regional plan. Adoption of the amended program will occur late in Fiscal Year 2000 or early Fiscal Year 2001.
ACTIVITIES
During Fiscal Year 1999, the Council’s activities include:
1. Supporting the Northwest Energy Review Transition Board. The four Northwest Governors created the Northwest Energy Review Transition Board with the intent of positioning the states and the region to capture the opportunities and meet the challenges of the restructuring of the Northwest electricity industry. This work is expected to conclude in Fiscal Year 1999 with recommendations to the Northwest Congressional delegation.
2. Finalizing efforts to establish a regional technical forum. Congress called on Bonneville and the Council to establish a regional technical forum as a voluntary effort among regional utilities and other interests to provide protocols for evaluating decentralized conservation efforts. The Comprehensive Review recommended that the forum’s responsibilities include tracking regional conservation and renewable resource efforts as well as recommending protocols, standards and guidelines for implementing Bonneville’s conservation discounts for power sales in Fiscal Year 2002-2006.
3. Establishing a regional framework for the fish and wildlife program. The Council has initiated development of a regional "framework" for fish and wildlife recovery efforts. The framework is expected to include a scientific foundation for these efforts. Development of this framework will prompt the Council to review the goals, scientific foundation, strategies and accountability provisions of its fish and wildlife program.
4. Participating in fish and wildlife program prioritization process. This is the third year the Council has been involved in implementing the 1996 Power Act amendment pertaining to fish and wildlife project prioritization and funding. The Council, in accordance with the amendment, has established an Independent Scientific Review Panel and associated peer review groups. It has also established an Independent Economic Analysis Board to help with the cost-effectiveness provision of the amendment.
This board has been asked to advise the Council on the cost-effectiveness considerations it must take into account as part of the prioritization of projects and funding recommendations to Bonneville. Staff is involved with the establishment of this group, gathering and synthesizing information and coordination between the IEAB and Council.
5. Working with the Independent Scientific Advisory Board (formerly the Independent Scientific Group) and the Independent Scientific Review Panel. The 1996 amendment to the Power Act requires a review of fish and wildlife recovery actions by an Independent Scientific Review Panel and peer review groups. The Council has been and will continue to be involved with the Review Panel and sub-groups in a number of ways, including providing and synthesizing information, and coordinating efforts with those of the fish and wildlife managers and the Council.
6. Electricity Industry Restructuring. The Northwest is just beginning the transition from the current vertically integrated, monopoly structure to an open, competitive market. This transition promises to be difficult and drawn out. The changes and institutional shifts are complex. It seems likely that for several years the region may have partial deregulation – competitive markets for some customers, and continued monopoly service for others. The timing and extent of retail access will differ form state to state. Some issues challenge is to preserve the benefits of past investments in low-cost resources while creating conditions for efficient markets in the long term. In this environment, the analysis and information the Council can provide can help state and local policy makers ensure that electricity markets are fair, efficient and reliable.
7. Columbia River Governance options. The Northwest Governors, the federal agencies and the Basin’s Indian tribes are investing considerable time and effort in developing new, collaborative ways to address Columbia River fish and wildlife issues. In Fiscal year 1999, the Columbia Basin Forum was formally established by federal, state and tribal governments as a way to address these goals. The Council is prepared to help make this process work.
THE NORTHWEST POWER PLANNING COUNCIL
The Governors of Idaho, Montana, Oregon and Washington each appoint two members to the Northwest Power Planning Council. The eight-member Council sets policy and provides overall leadership for Council activities.
The Council’s work is performed, depending on the tasks, by the Council’s professional staff, consultants under contract, or by public agencies or Indian tribes under intergovernmental agreements. The Council’s executive director is responsible for supervising the staff, administering the contracts and meeting deadlines. The Council approves major contracts and the overall work plan. Professional staff in each state provide technical review and assistance to Council members in evaluating matters before the Council and input into work performed by the central staff. State staffs also participate in designing and developing public involvement programs that focus on the implementation of the power plan and fish and wildlife program in their particular states. This support is provided through existing agencies or by individuals directly under Council member direction.
CENTRAL ORGANIZATION
The central staff, under the leadership of the executive director, has been organized into six major functions:
1. Energy system analysis. includes all activities pertaining to the development of the energy plan, monitoring its implementation and facilitating the transition to a more competitive electricity industry. Technical analyses of energy issues, scope of work development and monitoring of contractor performance and project design are included under this function.
2. Fish and wildlife. includes all program activities pertaining to the development and implementation of the Columbia River Basin Fish and Wildlife Program. Policy and technical analyses, program monitoring and evaluation, and program accountability, are included in this function, as well as liaison and coordination with fish and wildlife entities, tribes and hydropower project operators and regulators.
3. Policy and legal. includes those activities required by the Act to "ensure widespread public involvement and information on regional power and fish and wildlife policies, and to develop strategies and processes for carrying out the Council’s overall responsibilities under the act." Section 4(g)(1).
Also included are those activities associated with monitoring federal agency and congressional action to implement the Council’s fish and wildlife program and energy plan, as well as providing timely information and coordinating testimony before congressional committees on Council activities and programs. Timely reporting to the Council about actions by congressional appropriations and budget committees to implement the fish and wildlife program and the energy plan are part of this activity. Legal counsel on policy matters are provided through advice, consultation and representation in legal proceedings. Areas of the law that guide the Council include the Northwest Power Act, administrative procedures and practices, Federal Energy Regulatory Commission proceedings, Indian law, contracts and litigation.
4. Support services. include accounting, contract administration, information systems, procurements, personnel policies and procedures, and staff support services for the Council. Included in this is budget development and fiscal auditing, which are required by law.
5. Economic analysis (Work team). The Council has recently established the Independent Economic Analysis Board (IEAB) to help the Council in evaluating economic impacts of current and proposed fish and wildlife program measures.
This body advises the Council on the cost-effectiveness considerations it must take into account as part of the fish and wildlife prioritization of projects and funding recommendations to The Bonneville Power Administration. Council staff provide analytical support for both the Independent Economic Analysis Board and for economic impacts in the region associated with the transition to a competitive electricity market.
6. River operations analysis (Work team). Independently analyses the interactions between fish and wildlife measures and the power system is an important role of the Council. Until new structures are implemented for governing decisions among the multiple uses of the Columbia River System, the Council will continue to play a role and enhance its capabilities in this area. Council staff provide timely and accurate analysis of the interactions of fish and wildlife measures and the power system. For example, work is under way to significantly enhance capability in this area by integrating the Council’s two primary system analysis models - SAM (System Analysis Model) and ISAAC (Integrated System for the Analysis of Acquisitions). The integrated model should provide better assessments of the power-related costs of changes in river operations or configuration’s to accommodate fish and wildlife.
The efforts of the power division for Fiscal Year 2000 and Fiscal Year 2001 will continue to be focused on the electricity industry’s transition to a more competitive electricity market. In particular, the division will be concentrating its efforts on the following areas:
The Transition Board has primarily been involved in working with interested parties to develop ways of implementing the Review’s recommendations having to do with Bonneville’s transmission functions. It has also taken on the difficult and contentious issue of developing a fair and effective contingent cost recovery mechanism for Bonneville. It has also monitored and provided advice on the efforts of Bonneville, its customers and others to develop the subscription process. This work is aimed at the development of a "Northwest Chapter" for federal restructuring legislation and enabling Bonneville’s subscription process to move forward.
The Board has developed specific recommendations for changes to the Federal Power Act and Bonneville’s organic statutes designed to bring Bonneville’s transmission under the regulation of the Federal Energy Regulatory Commission (FERC) equivalent to their regulation of the transmission of investor owned utilities. The Board has also developed specific recommendations for a contingent cost recovery mechanism. Unfortunately, there is no regional consensus on either of these issues. Continuing to work with regional parties and the congressional delegation on these issues will be a high priority for the Board for the coming year. In addition, the Transition Board will be monitoring the subscription process and will work to facilitate the successful resolution of issues as they arise.
An important element of the transition on-going in the electricity industry is maintaining the region’s commitment to conservation, renewables and low-income energy services. One of the initiatives intended to assist in this objective is the formation of a Regional Technical Forum. The original focus of the RTF was to develop and disseminate protocols for the evaluation of energy efficiency activities by utilities, to provide a vehicle for information exchange among those pursuing efficiency initiatives and to track regional progress. Subsequently, Bonneville has proposed a rate discount for customer investments in conservation and renewables and has asked that the RTF to develop recommendations regarding the operation of the C&R discount and to track progress in implementation as a result of the discount. This effort will constitute a major portion of the Division’s workload over the next two years. .
In a more competitive electricity market, the development of new resources takes place in a market environment in response to opportunity to earn rewards but facing the risks of experiencing losses. This contrasts with the recent past regulatory environment in which cost recovery and a rate of return has been almost assured. This change has raised questions about the future adequacy of power supply and reliability of the power system. Over the past several months the Power Divisions has been analyzing the likely adequacy of power supply that can be accessed by the Northwest. This effort has required the development of new tools capable of analyzing the supply-demand balance on annual, monthly and even hourly bases. While not yet complete, this work suggests the possibility that market mechanisms may not have yet developed to address short-lived and/or infrequent supply/demand imbalances. It also suggests a close linkage between the ability to respond to potential imbalances and the flexibility allowed hydro system operators to temporarily violate system constraints related to salmon recovery efforts. It may be possible to relax those constraints to some degree with a low probability of actually violating salmon recovery flow targets.
During the initial several months of FY 2000, efforts will be made to disseminate the results of the analyses to appropriate decision-makers. Most observers agree that market or regulatory mechanisms will eventually evolve to address concerns about supply adequacy and system reliability. Before that point is reached, however, there may be periods of short supplies and/or very high market prices. It will be important for decision-makers to understand these situations and the pros and cons of different possible responses.
A related issue involves the efforts to determine how transmission should be organized and operated in the increasingly competitive market environment. Of concern are both the commercial concerns about ensuring open, non-discriminatory access to the transmission system and minimizing the number of transactions and pan-caking of rates necessary to carry out commerce and reliability concerns related to both the operation, maintenance and expansion of transmission. Over the past couple of years the region has seen effort to establish a super-regional independent grid operator and a more modest independent grid scheduler. The former effort was terminated, largely because of concerns about cost transfers in setting transmission rates. The latter effort is continuing but at a low level. Meanwhile, FERC has continuing interest in the formation of regional transmission organizations (RTOs) that potentially would own and operate transmission facilities. There is some possibility that FERC might ultimately seek to compel membership in RTOs. There is a need for the region to determine how it wants to organize to own and operate transmission in the competitive era. If the Council and/or Transition Board can be useful in facilitating such an effort, they want to be able to do so. The Power Division has been actively participating in regional discussions on transmission organizations and is planning on a significant level of effort in this area over the coming years.
Issues involving the interaction of efforts to protect and restore fish and wildlife in the Columbia Basin with operation and economics of the regional power system demand continuing attention from the Power Division. In addition, the Council will be beginning a process to amend its Fish and wildlife program over the coming year. This will inevitably require the power staff to analyze the interactions of fish and wildlife proposals with the power system. This will include the statutorily-required analysis of the adequacy, efficiency, economy and reliability of the power system as affected by proposed fish and wildlife amendments. The Power Division will also have on-going responsibilities related to the Independent Economic Advisory Board and the Human Effects work group of the Framework process.
Finally, in order support many of the above efforts and the ongoing demand for power system information, the Power Division will begin a process of updating and revising the information base that underlies development of a power plan. This will include updating generating resource characteristics, fuel price forecasts and assessments of conservation resource cost-effectiveness and availability.
These activities will form the core of the power division’s activities over the next two years. The work plan and staffing of the power division reflect these functions:
1. Support the Transition Board (Contracts $10,000). Power division staff will support the Transition Board work plan in the areas of oversight of the federal power subscription process; establishing appropriate FERC regulation of Bonneville’s transmission; establishing a fair and effective contingent cost recovery mechanism for Bonneville. Staff will work with regional parties and the congressional delegation staff on the development of the "Northwest Chapter" of federal restructuring legislation and will assist the Transition Board in facilitating resolution of subscription issues.
2. Energy Efficiency and Renewables (Contracts $25,000).
A. Establish and support the Regional Technical Forum to facilitate regional activities and implementation of Bonneville’s conservation and renewables rate discount. In 1996, Congress called upon the Council and Bonneville to establish a regional technical forum—a voluntary association of utilities and other energy service providers to establish protocols for measuring conservation achievements. The Comprehensive Review expanded on this mandate to include tracking and reporting on regional progress in implementing conservation and renewables.Subsequently, Bonneville has asked the RTF to facilitate the operation of the Conservation and Renewables (C&R) rate discount program. To accomplish this the RTF would be called upon to make recommendations to Bonneville regarding:
B. Support the work of the Northwest Energy Efficiency Alliance. The Council was instrumental in facilitating the formation of the Northwest Energy Efficiency Alliance. The Alliance is a non-profit corporation with membership from public and private utilities, Bonneville, state government, the efficiency industry and the public interest community. Its mission is bringing about lasting improvements in the markets for selected energy-efficiency products, services and practices. The Alliance is funded with roughly proportional funds from Bonneville and the investor-utilities. The Review endorsed the concept and mission of the Alliance. Power division staff will continue to work with and through the Alliance to carry out this mission.
C. Provide guidance in meeting the region’s conservation and renewable resource goals. The Comprehensive Review saw continued value in the Council providing guidance and suggesting goals for the region’s conservation and renewables efforts. To accomplish this, power division staff must continue to identify promising efficiency and renewable resources, evaluate their cost-effectiveness in relation to market alternatives, and make this information widely available in the region.
In Fiscal Year 1999 and Fiscal Year 2000 travel costs for power division staff will be reduced.
The Council’s continuing role in fish and wildlife recovery is reflected in the budget proposed for the fish and wildlife division. Primary fish and wildlife division activities include: 1) preparing for future program planning and amendments, including a regional framework; 2) facilitating, monitoring and evaluating program implementation and funding, including carrying out the provisions of the 1996 amendment to the Northwest Power Act concerning funding of projects, also the 1998 direction for review of Bonneville-reimbursed federal fish and wildlife programs; 3), conducting reviews and developing reports concerning artificial production in the Columbia Basin, and the Corps of Engineers capital construction expenditures, as requested by Congress, and 4) continued evaluation and assessment of mainstem, harvest, production and habitat improvements. Additional emphasis is being placed on resident fish and wildlife activities as reflected in the Council’s program amendments adopted in September 1995.
Fish and Wildlife Division efforts in Fiscal Year 2000 and Fiscal Year 2001 will focus on six major activities: 1) finalization of a regional framework and possible subsequent rulemakings related to salmon, resident fish and wildlife mitigation; 2) the recovery measures prioritization process, including the implementation of 1996 Power Act amendments and the 1998 Congressional directives; 3) completion of the comprehensive artificial production review, 4) monitoring and facilitating implementation of the program; and 5) evaluation and analysis of fish and wildlife measures. Additional emphasis will be required for evaluation and accountability to ensure that program measures and projects are vigorously and effectively implemented, produce benefits, are cost-effective, minimize harm to other species and are modified or terminated if results are not as expected. Contract funds are included for special projects in connection with the development of a "Framework" rulemaking and carrying out the new Power Act amendment; the two mandated reviews (artificial production and Corps of Engineers capital expenditures), for continuing consultation with genetics and biodiversity experts on salmon and steelhead production; for mainstem survival analysis; and, for monitoring and evaluation.
A description of each major activity area for the fish and wildlife division for Fiscal Year 2000 and Fiscal Year 2001 follows:
1. Implement memorandum of agreement on Bonneville’s fish and wildlife budget and prioritization process and the amendment to the Northwest Power Act. In the fall of 1995, the Clinton Administration established a multiyear budget agreement for Bonneville’s fish and wildlife funding. The federal agencies in consultation with the Council and the region’s tribes negotiated a memorandum of agreement to describe the accounting and other financial workings of the budget. Also in 1995, for the first time, the region prioritized fish and wildlife projects to meet Bonneville’s established budget for Fiscal Year 1996. This work continued for the Fiscal Year 1997, 1998 and 1999 budgets.
In 1996, the Power Act was amended for the first time. The amendment formalized a process established previously by mutual agreement between Bonneville and the Council, in which the Council reviews the recommendations of the fish and wildlife managers for project funding and the Council then makes its recommendations to Bonneville based upon criteria established in the amendment. The amendment to the Power Act added a scientific review and Council consideration of cost-effectiveness and ocean conditions. In this connection, the Council has established an Independent Scientific Review Panel and associated peer review groups to carry out the scientific review of projects called for in the amendment. Further, the Council will seek advice from these groups concerning the consideration of ocean conditions and their impact on salmon survival. To assist with the cost-effectiveness analyses, the Council has established the Independent Economic Analysis Board.
The conference report to the FY 1999 Energy and Water Development Appropriations Act added to the ISRP’s charge, an annual review of the Bonneville reimbursable federal fish and wildlife programs. This function is being performed for the first time in 1999 and will continue in 2000.
The fishery managers, the Northwest Power Planning Council, Bonneville and others continue to refine the prioritization process for selecting recovery measures to be funded. How these two elements—an administrative budget and the prioritization process—work together is a matter of great importance to the Council and the region. The Council and the Council’s fish and wildlife division will continue in 2000 and 2001 to devote considerable time participating in refining and implementing the prioritization process, accounting for the budget, and monitoring and overseeing the results of that prioritization process in any particular year.
2. Regional framework and possible program amendments. The Council completed amendments to the anadromous fish sections of the program in December 1994. In September 1995, the Council completed the resident fish and wildlife amendments to the program. The Council has initiated development of a regional "framework" for fish and wildlife recovery actions. The framework will include a scientific foundation for these efforts. Development of this framework will prompt the Council to review the goals, scientific foundation, strategies and accountability provisions of its fish and wildlife program. It is likely that this will lead to additional rulemakings in Fiscal Year 2000 or 2001.
3. Artificial Production Review. In 1997, Congress mandated this review by the Council. In response, the Council called for a comprehensive review of production in the Columbia Basin. The work plan for that review outlines eleven elements. The report will be sent to Congress in Fiscal Year 1999. Additional performance evaluations will occur throughout the year. Council staff has the primary responsibility for this work which will involve considerable time obligations for both staff and the Council.
4. Council and ISAB Review of Corps of Engineers capital construction program. This is the second major review mandated by Congress in 1997 and made a responsibility of the Council and the Independent Science Advisory Board. It requires a review of the major Corps of Engineers capital expenditures in the Columbia Basin involving a multi-million dollar annual budget. The current workplan for the work divided the Scientific Review tasks into three parts which culminated in February 1999 with the last of the three reports produced. The staff has worked with the Council to formulate the Council’s response to the recommendations from this review which was completed in April 1999. As with the Artificial Production Review, Council staff has had the primary responsibility for this work..
5. Monitoring/evaluating program implementation (Contracts - $50,000). In the past, the Council has reviewed, evaluated, promoted and reported on program implementation and funding. The Council has encouraged coordination and consultation among fish and wildlife groups, Indian tribes, power entities and other affected groups. The Council also is an active participant in regional efforts to plan and coordinate program implementation basinwide.
The Council continues to call for the implementation planning process to be streamlined. It is clear that successful rehabilitation of fish and wildlife populations will require coordination of and actions by all concerned parties, including the private sector. Council staff will need to devote significant time to monitoring and encouraging these coordinated efforts.
Some contract services will be necessary to assist with program implementation, to provide needed technical support and to promote independent scientific evaluation of the program. These funds will provide contract services to monitor program implementation and actively participate in the regional implementation process. The funds also will be used to provide technical support to track progress toward the rebuilding schedules and achievement of the biological objectives.
The Council will continue to participate in regional efforts to develop coordinated analytical methods to support decision-making. The Council is working with the National Marine Fisheries Service to coordinate development of computer life-cycle models with Bonneville, the fishery agencies, the tribes and the utilities. Technical services and support will be provided in the development of analytical tools to facilitate program planning and evaluation.
Contract funding may be needed to examine the processes, committee structure and forums utilized in fisheries rehabilitation and determine opportunities to make the cumbersome processes more efficient.
6. Monitoring improvement in survival at and between mainstem hydroelectric facilities. Council staff is co-chairing the System Configuration Team which was established by the National Marine Fisheries Service in response to its 1995 Biological Opinion for river operations. It is one of the coordination groups of the NMFS Regional Forum process. The System Configuration Team meets at least monthly to review progress on the Corps of Engineers’ planning and engineering studies related to mainstem fish passage improvements and/or collection of mainstem passage research data. Major mainstem planning and engineering studies under review by the team include, among others, the lower Snake River drawdown feasibility study, the Corps’ surface bypass development program, the dissolved gas abatement study, acoustic fish guidance program, and both juvenile and adult fish passage improvements. The Corps of Engineers has also budgeted an amount to study a drawdown of the John Day Pool. Other important functions of the System Configuration Team include: 1) establishing annual budget priorities for the Corps related to the studies and fish passage improvements noted above; and 2) making appropriate modifications to a mainstem passage improvement measure or schedule where a measure is contingent upon completion of studies or research. The work of the System Configuration Team will provide needed information to assist the National Marine Fisheries Service, the Council and the region identify, in 2000, which of the various mainstem passage alternatives should be pursued.
Council staff also participates on the National Marine Fisheries Service Implementation Team, Executive Committee and the in-season Technical Management Team, all of which advise the federal operating agencies on dam and reservoir operations during the April through August fish migration season to optimize passage conditions for juvenile and adult salmon. The Technical Management Team is responsible for developing and implementing an annual water management plan to accomplish this objective, under the guidance of the National Marine Fisheries Service Implementation Team and the Executive Committee. The Implementation Team and the Executive Committee are available to help resolve disputes that may arise during the fish passage season.
The Council is also represented in two water quality-related forums: one being the regional Water Quality Team, and the other is the Transboundary Gas Group, which includes representatives from all the provincial, state and federal agencies and tribal governments that share responsibility for managing water quality and fisheries in the Columbia Basin. The Water Quality Team was jointly established by the National Marine Fisheries Service and the Environmental Protection Agency to: 1) provide a forum for technical-level discussion of all aspects of total dissolved gas and water temperature monitoring and evaluation; 2) complete and interpret the Columbia River Basin water temperature model; 3) coordinate water quality standards attainment throughout the Basin; 4) discuss water quality policy issues; 5) review the annual Spill Management Plan; 6) review the annual Dissolved Gas Management Plan; 7) review the annual Gas Bubble Trauma Management Plan; 8) monitor, review and comment on gas abatement and water temperature plans and projects in the Basin; and, 9) coordinate team efforts with those of state and tribal water quality programs, as well as those of Transboundary Gas Group. In this forum, Council staff tracks, comments on, and evaluates monitoring aspects of total dissolved gas and water temperature performed by the Corps of Engineers, the Fish Passage Center, the National Biological Service, and others. Scientific findings and developments on spill/gas monitoring, temperature and spill/survival studies are summarized and evaluated for their technical and policy implications.
In March 1998, the System Configuration Team was given the task to begin developing a systemwide approach to dissolved gas management and abatement for the entire Columbia Basin. This new effort would characterize the locations and extent of dissolved gas levels produced by dams on all the main river channels and major tributaries of the Columbia and Snake rivers. The geographic scope of this cooperative effort will include river basins in British Columbia, Canada, and the states of Oregon, Washington, Idaho and Montana.
At the same time, a second and closely related basinwide dissolved gas planning effort was initiated during late April in Castlegar, British Columbia. A Transboundary Gas Group was formed as a result of these two efforts with a membership from both Canada and the U. S. having a wide variety of water quality and biological expertise. Development of a systemwide dissolved gas management plan was identified as a high priority.
The Transboundary Gas Group’s overall goal is to "reduce systemwide total dissolved gas (TDG) to levels safe for all aquatic life in the most cost-effective manner possible." The group’s intent is to link new and existing dissolved gas information obtained in this study effort with current and ongoing gas abatement efforts. A long-term objective of the Transboundary Gas Group is to develop an action plan for systemwide total dissolved gas abatement. To develop an action plan, the group will prepare a study plan to determine gas levels systemwide. Funding and implementation of the study plan will enable evaluation of both short- and long-term structural and operational alternatives to reduce TDG on a systemwide basis in the most cost-effective manner. Contracting funds from Council will be needed to help implement the systemwide study plan.
7. Program planning. The fish and wildlife program action plan contains numerous measures designed to protect, mitigate and enhance anadromous fish, resident fish and wildlife to the extent they have been affected by development and operation of hydroelectric facilities in the Columbia River Basin. The program provides for mitigation of harm to fish and wildlife through: 1) changes in hydroelectric project structures and operations; 2) habitat improvements; 3) passage restoration; 4) collection of information on natural production improvements; 5) hatchery improvements; and 6) protection against the harmful effects of future hydroelectric development and operations through careful planning, assessment and conditioning of new projects. The program also called for associated research, development, testing, evaluation, consultation and coordination.
The Council’s program has recognized the need to fit those measures into a framework that includes program objectives and scheduling efforts to ensure that program expenditures produce timely results. To that end, the Council has taken the lead in developing a scientifically-based regional framework which can lead to a revised Fish and wildlife program.
8. Mitigation planning - Resident fish. The Council has adopted measures to protect and enhance resident fish (those species that do not migrate to the ocean as part of their life cycle) to the extent they have been affected by hydroelectric facilities. Periodic status reports are developed each fiscal year on resident fish and resident fish substitution projects. These include projects in Montana, as well as in the blocked areas above Grand Coulee Dam and the Hells Canyon Complex. A substantial number of additional resident fish amendments were adopted in late Fiscal Year 1995, including the adoption of the 70 percent anadromous fish, 15 percent resident fish, and 15 percent wildlife allocation of available annual funds to implement fish and wildlife program measures approved by the Council.
9. Mitigation planning - Wildlife. The Council’s program also recognizes the need for wildlife mitigation. Wildlife mitigation projects have been initiated through development of mitigation status reports, statements of wildlife gains and losses associated with hydroelectric projects, proposed implementation plans, and short-term and long-term agreements. Agreements are being implemented for Hungry Horse, Libby, and Dworshak dams, and an interim agreement is now in place for all federal dams in Washington state. Other wildlife mitigation plans were reviewed by the Council in its 1995 resident fish and wildlife amendment process. Additional projects that have been prioritized by the region’s fish and wildlife managers will be reviewed, and long-term agreements will be encouraged and evaluated.
10. New hydropower development. In addition to mitigation for fish and wildlife losses, the Council’s program is designed to prevent future losses by ensuring that new hydropower projects do not damage remaining fish and wildlife habitat. Of particular importance is continued monitoring of Federal Energy Regulatory Commission implementation of the Council’s protected areas designations, which are designed to focus hydroelectric development away from areas of important habitat. The Council and its staff monitor the Commission’s proceedings and provide information to the Commission and others on the Council’s program.
11. Protected area designations. In Fiscal Year 1991 and Fiscal Year 1993, the Council amended its designations of areas to be protected from new hydropower development to take into account new information as well as projects with fish and wildlife benefits. The Council’s staff continues to monitor the Federal Energy Regulatory Commission’s actions and consult with hydroelectric project proponents and other parties to ensure that these protected areas designations are given full consideration in the licensing and relicensing process.
12. Research and monitoring. The Council will continue to monitor salmon and steelhead, resident fish and wildlife research, and to develop ways to measure progress and evaluate the effectiveness of program measures. The implementation phase of the fish and wildlife program has been launched to improve tracking and accountability of ongoing and proposed research projects. Council staff is leading the development of a regional research, monitoring and evaluation plan, clearly linked to the evolution of the regional framework. Staff participation in the design of a unified mechanism for regional application to research funding has successfully ensured the collection of relevant technical information necessary for review and prioritization of projects. The Council will continue to press for a coordinated basinwide approach to critical research topics, including evaluations of flow/survival, supplementation of naturally producing populations of fish, the effects of elevated total dissolved gas due to spill, the relationship between the ocean and the freshwater system, and other important topics. Special emphasis is being placed on independent evaluation of all key program features. The evaluation and refinement of the scientific contents of the proposed research and monitoring agendas are attained through participation in regional efforts such as the Plan for Analyzing and Testing Hypothesis (PATH) and the Independent Scientific Advisory Board (ISAB).
13. Harvest controls. The Council does not regulate the harvest of fish or manage the fisheries. Nevertheless, it will continue to seek improved harvest practices because inadequate controls could undermine enhancement efforts under the Council’s program. To promote harvest controls that support long-term protection of the fisheries, the Council will continue to review and consult concerning the activities related to implementation of the Pacific Salmon Treaty and those activities of the Pacific Fishery Management Council, federal and state fish and wildlife agencies and Indian tribes. The Council will promote demonstrations of terminal fisheries and selective gear and will review harvest plans as it considers approval of new production facilities.
14. Analysis of salmon rehabilitation proposals. The Council anticipates continuing analysis in Fiscal Year 2000 and Fiscal Year 2001 to address issues arising from various salmon rehabilitation measures, including the expected National Marine Fisheries Service Snake River Recovery Plan. Analysis may be needed to assess agricultural and transportation impacts and mitigation strategies from reservoir drawdown tests. In addition, analysis may be needed to further evaluate drawdown, storage and water marketing and conservation activities; to assemble additional information on resident fish impacts; and to study the economic effects of salmon recovery actions.
15. River governance issue – The Regional Forum and Governors meetings. As an outgrowth of the Comprehensive Review and Northwest Energy Review Transition Board, the governors of the four basin states and a new group designated as the "Columbia River Basin Forum" have been meeting to address the issue of "River Governance". That effort has culminated in the establishment of the Regional Forum which is now in the process of developing a future workplan. This issue is an important one because it focuses on the questions of key decision-making concerning fish and wildlife expenditures and the establishment of a budget for these costs. It is expected that the fish and wildlife staff will play an important role in this process.
During the same time, the Governors of the four Council states have been discussing river governance issues, with Council staff providing certain assistance. This work is expected to continue.
16. Independent Scientific Advisory Board (formerly the Independent Scientific Group) and the Independent Scientific Review Panel. The Independent Scientific Advisory Board (ISAB) was formed by the Council and National Marine Fisheries Service to address key scientific questions in the region. It arose out of the previously existing Independent Scientific Group (ISG) formed by the Council and the Bonneville Power Administration.
In 1996, the ISG issued a draft report "Return to the River: Restoration of Salmonid Fishes in the Columbia River Ecosystem." This report was in response to the Council’s request to review its fish and wildlife program. Although the report did not involve new scientific study, it reviewed current scientific knowledge and both reordered and re-expressed it in new ways.
Staff is heavily involved in working through the implications of this report with respect to the fish and wildlife program. The Council has asked for the development of a regional framework that will include, as a key component, a scientific foundation.
The 1996 amendment to the Power Act reaffirmed a previously existing process for the prioritization and funding of fish and wildlife projects. In addition, the amendment added another step in that process, a review by an Independent Scientific Review Panel and peer review groups. The 1998 congressional directive for review of Bonneville-reimbursed federal fish and wildlife programs added another step in this process. Staff has been and will continue to be involved with the ISRP and sub-groups in a number of ways, including aiding in their formation, providing and synthesizing information, and coordinating their efforts with those of the fish and wildlife managers and the Council.
17. Independent Economic Analysis Board (IEAB) (Contracts - $100,000). The Council has established the IEAB to help the Council in evaluating economic impacts of current and proposed program measures.
This body has also been asked to advise the Council on the cost-effectiveness considerations it must take into account as part of the prioritization of projects and funding recommendations to the Bonneville Power Administration. Staff helped establish this group, and is assisting with gathering and synthesizing information and coordination between the IEAB and Council.
In FY 1999, funding for the Board was $390,000; roughly $200,000 from the Council’s budget, the remainder from other sources such as the Regional Framework, Artificial Production Review, the Corps of Engineers, etc.
The public affairs division’s primary task is to fulfill the directive of the Northwest Power Act to inform and involve Northwest citizens about the Council’s activities. Section 2(3) states a purpose of the Act is "to provide for the participation and consultation of the Pacific Northwest states, local governments, consumers, customers, users of the Columbia River System (including federal and state fish and wildlife agencies and appropriate Indian tribes) and the public at large within the region" in the Northwest’s planning for electrical power and protection of fish and wildlife resources. Section 4(g)(1) of the Act requires the Council to develop "comprehensive programs" to insure public involvement and to "inform the Pacific Northwest public of major regional power issues".
The division carries out this mandate in two important ways. First, it assists the Council members, state offices, power division and fish and wildlife division in informing and involving the public of Council activities. Second, the division develops and carries out public information and involvement activities on major issues pertaining to the Council and the Columbia River Basin. Accordingly, the division is the Council’s primary contact with the media and with the public. The division’s publications are sources of information for interest groups and the general public. The Council’s web site is updated frequently with Council meeting agendas and minutes, all publications released by the Council, as well as a host of other information including current reports on the Northwest Energy Review Transition Board, the Independent Scientific Advisory Board, the Independent Economic Analysis Board, the Regional Technical Forum and the Artificial Production Review.
The public affairs division carries out the following activities:
1. Public involvement, outreach and government relations. The public affairs staff develops public involvement and communications plans and supports Council members and staff in carrying out public involvement activities. These include writing and, when needed, delivering speeches; writing, editing and proofreading; design and graphics; slides and overheads; and handling logistics for meetings, hearings, etc. This function also includes outreach and liaison activities to Congress and other government entities, groups interested in the Council’s work and the general public.
2. Publications. Publication production by the public affairs division is one of the principal ways to increase public awareness and involvement in Council issues. Publications include NWPPC NeWs, a regularly published newsletter about the Council’s activities; Progress, a short, single-issue publication published to coincide with Council meetings highlighting successful projects or activities supported or initiated by the Council in the Columbia Basin; a faxed newsletter, Congressional Update; the Council’s Annual Report to Congress; brief summaries of issue papers, agenda items and larger publications; and special publications, such as reports to Governors and legislators. The division also edits and does the production work for the Northwest Power Plan and Columbia River Basin Fish and Wildlife Program and other major Council documents. The majority of the division’s operating expense budget covers publishing costs (printing, postage, graphics, etc.) for Council documents.
3. Media relations. The division responds to numerous media requests, briefs editors and reporters on major issues, distributes news releases, and places feature stories about the Council and its work in a variety of publications. Media activities include work with newspapers, general and trade magazines, radio and television. The division monitors all media to keep the Council informed on the type of coverage it is getting on major issues.
4. Public meetings (Contracts - $4,000). Council meetings and work sessions are held every four weeks throughout the region. In addition, public hearings, consultations with interested parties and appearances before governmental entities are held on a regular basis to ensure public involvement. Staff support for Council meetings includes writing speeches/presentations, preparing audio/visual aids, developing handout materials, preparing press/media packets, announcing public hearings and the availability of major documents and summarizing agenda items and actions taken for the Internet site.
5. Information services. The public affairs division answers most general information calls and correspondence from the public. Information requests handled by the division range from phoned-in questions to preparing complete reports. The division also arranges for information to be provided to schools, civic organizations and other interested parties.
The legal division provides legal advice and representation to the Council and its staff. The division also supports the power planning and fish and wildlife divisions in the development of Council policies, rules and procedures in the negotiation of major agreements, and of contracts involving substantial expenditures or significant legal issues. The division also develops and administers the Council’s conflict-of-interest policies, Freedom of Information Act requests, personnel issues and other matters.
The legal division assists in implementation of legal requirements for review of proposed fish and wildlife expenditures and in analyzing issues and options in the restructuring of the electric energy industry.
The legal division is an important participant in overseeing the implementation of the energy plan and fish and wildlife program by Bonneville, the U.S. Army Corps of Engineers, the Bureau of Reclamation, the Federal Energy Regulatory Commission, and other agencies and utilities. The division will continue to represent the Council in appeals of its plan, program or other actions.
The legal division practices preventive law by anticipating legal issues and resolving problems in lieu of litigation, where appropriate.
The division also participates in conferences and educational programs related to energy and fish and wildlife.
Legal division activities include the following:
1. Amendments (Contracts - $4,000). The legal division participates in the scheduled revisions of the energy plan and amendments of the fish and wildlife program by designing amendment processes that meet legal requirements, providing legal advice on particular amendment issues, by assisting in the drafting of amendments, maintaining administrative records and documenting final Council actions. A major amendment of the Fish and wildlife program is anticipated in 1999 - 2000, and the legal division is expected to play a significant role in the process. Contract funding is provided for transcripts of public hearings.
2. Fish and wildlife program implementation. In the fall of 1996, Congress enacted legislation requiring the Council, with advice from an independent scientific panel, to conduct an extensive new review of projects proposed for funding with Bonneville Power Administration fish and wildlife funds. In addition to considering independent scientific advice, the Council must make new determinations regarding the cost-effectiveness of measures and the impact of ocean conditions on salmon survival. In 1997, Congress requested the Council also to review federal capital programs and other programs whose costs are reimbursed by Bonneville. The legal division plays an active role in analysis and in documenting the Council’s determinations.
The division also works with fish and wildlife division staff in developing a framework for a multi-species, ecosystem recovery program that is mindful of obligations under the Northwest Power Act, Indian treaties, the Endangered Species Act and other laws. The framework is expected to supply a foundation for amendments to the Council’s fish and wildlife program.
In addition, the division works with federal and state agencies, reservoir operators, Indian tribes and utilities in carrying out program measures, and represents the Council in Federal Energy Regulatory Commission proceedings to the extent necessary
3. Power plan implementation. Power plan implementation, which historically has entailed working with Bonneville, utilities, federal and state regulatory agencies and others on resource acquisition activities, energy code adoption and enforcement and related matters, has changed significantly in the past two years. With the passage of the Energy Policy Act of 1992 and the implementing initiatives of the Federal Energy Regulatory Commission, the nature of regional energy planning has altered radically. The Draft Fourth Northwest Power Plan, developed by the Council during 1995 and completed in 1998, aimed largely at identifying and offering analysis of issues that arise as the utility industry becomes competitive. The draft plan supported the region as it worked through these issues in the Comprehensive Review of the Northwest Energy System. The legal division assisted the Council and the Governor’s Transition Board in finding ways to implement the recommendations of the Comprehensive Review. The legal division addresses the many legal issues that require attention in implementing these recommendations. The division plays an important role working with the Governors, the Transition Board and the power division and on issues related to a "Northwest chapter" of national energy legislation.
4. Administrative law. Throughout Fiscal Year 2000 and Fiscal Year 2001, the legal division will continue to provide a lead role in the development and implementation of administrative rules and procedures of the Council. This includes continuing assistance in contracting, personnel matters, disclosure of information, the use of advisory committees, the application of open meeting rules, financial reporting and disclosure, conflicts of interest and similar matters. The legal division advises the Council on the interpretation and revision of its bylaws and other rules and procedures. The legal division also participates directly in the preparation of all staff analysis and recommendations to the Council.
5. Outside legal counsel (Contracts - $10,000). The Council has included in the budget of the legal division the amount of $10,000 in Fiscal Year 2000 for outside legal counsel to provide expertise and counsel in areas of the law not within the experience of the legal division. These include areas such as personnel and labor law.
6. Litigation. The division handles litigation with the assistance of outside counsel if needed. The Council’s budget proposes reduced funding for use of outside counsel. To address those potential needs, the Council has an agreement with Bonneville Power Administration that litigation costs will be met by using any available uncommitted contract funds, unused funds from other budget categories and/or by submitting a supplemental budget request to Bonneville. In the past, litigation costs have been met in part by reallocating uncommitted contract funds.
The Council is currently involved in two lawsuits. In 1996, Congress amended the Northwest Power Act with a new section, 4(h)(10)(D), which provides for independent scientific review of the projects in the Council’s fish and wildlife program that are directly funded by Bonneville - the annual $127 million established in the memorandum of agreement. This amendment authorized the Council to recommend projects to Bonneville for funding. In 1997, four Basin Treaty Tribes challenged these recommendations in Federal court. Outside counsel was hired to defend this suit which is ongoing at this time.
In 1998, the Council participated as "amicus curiae" in the State of Montana’s challenge to the Corps of Engineers’ and Bureau of Reclamation’s implementation of the Council’s program concerning the operation of Hungry Horse and Libby dams. A decision has been rendered in favor of the state by the Federal District Court in Montana and the Federal parties have filed a notice of appeal. The Council has sought to intervene, again as amicus. This matter was handled by division lawyers.
The administrative division provides executive direction for all Council staff operations. In addition, financial, administrative, personnel and support services are provided to the legal division, power division, fish and wildlife division and the public affairs division.
Office of the Executive Director
Staff work for all Council activities is directed from this office. In addition, the coordination of Council activities with regional energy and fish and wildlife entities, as well as congressional delegations and regional organizations, is undertaken.
Finance and Administration
1. Financial management. Activities in this area include the operation of monthly accounts payable, payroll, Bonneville funding awards and general ledger accounting systems. Budget development (Section 4(c) (4)) and administration, as well as arranging for annual audits (Section 4(c)(10)) of the Council’s financial records, are part of this function.
2. Contract administration. This responsibility (Section 4(a)(4)) includes establishing contract administrative records, reviewing and approving contractor invoices and monitoring contractor costs in relation to work accomplished. Other responsibilities include amendments to contracts, review for conflict of interest and arbitration of contractor performance issues.
3. Information system support. The Council has strengthened its overall system analysis capability through the use of more advanced computerized modeling methods and database management techniques. The Council has also improved productivity with computerized business systems, Internet access and desktop publishing. Related costs include two full-time staff who assist all divisions, equipment maintenance agreements, yearly renewal of software leases and installation of data storage devices, computer terminals and various computer supplies. Computing systems hardware/software and staffing are based upon three-year data processing plans. Also, independent studies and plan updates occur when needed. Projected computer support requirements are studied for each of the division’s anticipated workloads over three to five-year periods. See Appendix B for additional detail regarding information systems budget.
4. Personnel services. This function includes responsibility for the administration of employee insurance and benefit programs, grievance procedures, Equal Employment Opportunity practices and staff development policies. Development of salary administration procedures, employee performance appraisal policies and the Council compensation plan (Section 4(b)(3)) are also included.
5. Administrative support. The administrative division provides support for Council meetings and hearings, including scheduling, room arrangements, recording and transcription requirements.
Mail and copying services, maintenance of the Council’s mailing lists and office reception activities also are provided by the administrative staff. Workloads for these activities are projected to decrease from Fiscal Year 1999 levels.
Contract funds ($7,000) are used for administrative studies, office systems analysis, retirement/pension plan matters, compensation/benefits planning, management audits and information systems support.
The administrative division is also accountable for planning office space, communication systems and office equipment systems (for example, mailing, copying and computer systems) and administrative records.
State Council office organization
Idaho, Montana, Oregon and Washington passed enabling legislation authorizing state participation on the Council. Two Council members are appointed by the governor of each state. Section 4 (a)(2)(B). Each state Council office is an entity of its respective state government. Each state council office goes through the same budget development process, which has legislative review and/or reporting requirements. The accounting systems are integrated with the state’s accounting systems and are subject to examination by the state auditor, or in some instances, the central office provides the accounting and payroll processing support for state Council offices. Supplemental budget requests, if required, would be subject to the formal budget amendment process of each state Council office. Support services and technical staff support directly funded by the Council’s central office are included and displayed in each state office budget. The states of Oregon and Washington have Council offices in both the eastern and western portions of their respective states.
Each state individually budgets for those activities necessary to carry out that state’s participation and responsibilities under the Act. These funds provide for the Council members’ compensation, travel, staff support and office expenses. Each state has the option to hire staff, to use outside contractors or the technical services of other state agencies to analyze the impact of the plan and program on the state, to develop state public information and involvement programs and for administrative support. State budgets can vary both in the "personal services" category and the "contracts" category, depending upon the type of Council organization in each state. Use of state energy agency and/or fish and wildlife agency staff provides Council members with technical support on state policies and issues related to the program and the plan. The Idaho, Oregon, Montana and Washington Council offices use their own staff for most technical review activities. (See Figure 10, state Council organizational chart.)
State Council offices carry out the following activities:
1. Represent state interests. Council members represent their state’s interests, as well as regional interests, in all fish and wildlife and energy system matters. This involves establishing and maintaining close working relationships with entities within their states that have a stake in the outcome of the Council’s planning efforts. These include, but are not limited to, organizations that are operators of hydroelectric projects, public and private utilities, groups concerned with protection of the environment, state fish and wildlife agencies, energy regulatory agencies and legislative and local government rulemaking bodies.
2. Technical review. Council members may require technical assistance and review capability to assess the impact of the regional issues that come before the Council on their state programs, laws and practices. This technical review is provided by state Council staff and/or other state agency staff. Examples of regional Council issues that can affect each state differently are: protected areas, hatchery and habitat projects, wildlife mitigation projects, and Columbia River operations for salmon recovery.
3. Public information and involvement. While the Council’s central office is responsible for developing material for the Council’s public information and involvement programs, each state implements public involvement activities that are focused on Council issues that have a specific impact on a particular state. In addition, each state may use local advisory committees, town hall meetings, etc., for consultations on certain aspects of the Council’s planning. This can also involve the preparation of information regarding statewide energy and fish and wildlife issues. State public information and involvement activities are provided by state Council staff or with the assistance of other state agencies.
4. Administrative support. Council members and their secretarial/clerical staff are provided office space and office services (telephone, supplies, copier, word processing, etc.) usually by a state agency such as the Governor’s office, energy office, etc. Fiscal services such as payroll, accounts payable, budget and audit are also provided, although these may be provided by the Council’s central office. Administrative support services are provided either on a direct-charge basis or through an approved indirect overhead rate.
Detailed budgets for each state Council office are shown in Tables 14 through 18.
The Fiscal Year 2000 revised budget has been increased by $367,000. The revised budget is $64,000 less than the current Fiscal Year 1999 budget.
CENTRAL COUNCIL BUDGET
Personal services
Personal services for the central staff have increased $293,000. This results primarily from an anticipated increase in workload. The revised budget is $183,000 more than the current Fiscal Year 1999 budget.
Travel
The Fiscal Year 2000 travel budget is increased $15,000. The revised budget is $21,000 less than the current Fiscal Year 1999 budget.
Contracts
The Fiscal Year 2000 contract budget is increased by $49,000. The revised budget is $14,000 more than the current Fiscal Year 1999 budget.
Other operating expenses
This category has decreased by $79,000. The revised budget is $183,000 less than the Fiscal Year 1999 budget.
STATE BUDGETS
The Idaho Council revised budget for Fiscal Year 2000 ($582,000) is increased $16,000.
The Montana revised budget for Fiscal Year 2000 ($500,000) is unchanged.
The Oregon revised Fiscal Year 2000 ($556,000) budget is increased $60,000.
The Washington Council revised budget for Fiscal Year 2000 ($653,000) is increased $13,000. Washington state law mandates that there be both an Eastern Washington Council office and a Western Washington Council office.
The Council began to develop its information systems capability in 1982, with the installation of the comprehensive computer models necessary to draft the first power plan. Since then, the Council has continued to invest in computing equipment and software programs to support power system and fish and wildlife computer models and databases, as well as the Council’s growing reliance on computers for business operations and on desktop publishing, networking and the Internet for public information and involvement activities.
The Council has extensively integrated computers into its planning activities and support services. Computers give the Council the planning capability it needs to carry out its functions and responsibilities with minimum staffing levels and limited outside contracting, as well as the communications power to interact with interested individuals, agencies and entities around the world. Power division staff use the Council’s networking capabilities to monitor and support regional restructuring efforts. They use complex computer models and extensive databases for system analysis, decision analysis and statistical analysis. Fish and wildlife staff coordinate with related agencies, monitor recovery programs, real-time river information and Bonneville spending, and run fish production and fish passage models, as well as river reach and system production planning databases. The public information and involvement division uses desktop publishing and graphic production tools to produce both printed and electronic publications and provide access to Council documents via the Council’s web site. Legal staff provide litigation support and maintain administrative records. Administrative staff manage all support services, accounting and budget systems. The Council also has developed computer networking capability with links to Bonneville, certain agencies and tribes, utility organizations, state Council offices and the Internet.
Major applications
Examples of major information systems include:
The Council uses a network of personal computers and a cluster of Windows NT and Digital Equipment Corporation (DEC) minicomputers and data storage devices to support Council programs. Several laser and color printers support the Council’s publication activities. These systems communicate through a network that also connects to computers at Bonneville, and, via the Internet, to the outside world.
The Council’s state offices also use networked personal computers for both administrative and technical support to their members. All the state offices have access to the Internet for electronic mail and data exchange with each other and with other state agencies.
Software
The Council staff use computers in nearly all aspects of their daily work. To maintain and improve the value of staff involvement in regional planning and evaluation efforts, data processing staff plan regular updates to operating system and application software to ensure compatibility with other regional entities.
Over the past several years, staff have exchanged single-focus, server-based applications for more powerful, Windows-oriented, multitasking hardware and software packages that improve the productivity of Council staff and enhance the quality of Council products. Even with these upgrades, staff still retain the ability to use existing databases and models on which the planning function still relies.
Computer systems planning
The Council staff identifies long-range data systems support requirements based on three-year data processing plans. The first plan was developed in Fiscal Year 1985. In Fiscal Year 1995, an updated three-year plan focused on upcoming technologies, including the Internet and video teleconferencing, and their impact on Council operations. In Fiscal Year 1997, priority projects included upgrades of the central office operating system and network software to accommodate new versions of Windows and office automation applications and to retain the ability to get technical support on mission-critical software like electronic mail and word processing. State office networks have been upgraded for compatibility with the central office.
In Fiscal Year 1999 the data processing staff have focused on preparation for the year 2000 as well as upgrades to improve consistency among the various Council offices and reliability in Council E-mail and file servers.
All costs associated with information systems are aggregated in the following tables. The budgets for Fiscal Year 2000 and Fiscal Year 2001 reflect current level services. Any costs associated with the replacement of current hardware/software systems will be accomplished within existing computer funding levels and/or by Council authorization for reprogramming of unexpended funds in other budget categories.
I. THE NORTHWEST POWER ACT
In 1981, the Northwest Power Act, provided in Section 4(c)(10)(A) that the Bonneville administrator shall pay the expenses the Council determines are necessary or appropriate for the performance of its functions and responsibilities including reimbursement to those states with members on the Council. This section also establishes a funding limitation of an amount equal 0.02 mills multiplied by the kilowatt-hours of firm power forecast to be sold by the Bonneville Administrator during the year to be funded. Upon an annual showing by the Council that such limitation will not permit the Council to carry out its functions and responsibilities under the Act, the Administrator may raise such limit to any amount not in excess of 0.10 mills. The literal interpretation of the word "showing" requires that the Council provide evidence that: 1) substantiates that annual funding in the amount provided by the 0.02 mills of firm forecast power sales will not be adequate to carry out its functions under the Act; and 2) explains the basis on which additional funding is required. The Council’s budget document is intended to provide sufficient information to meet this criteria. The organization of the budget document and the level of detail provided shows how the Council intends to use the funding provided to carry out its major responsibilities under the Act.
In Fiscal Year 2001, based upon Bonneville’s forecast of firm power sales, the 0.02 mill funding level is $2,000,000. The 0.10 mill funding limit is $10,000,000. The funding requirement, as determined by the Council, for Fiscal Year 2001 is $6,874,000 equal to 0.084 mills based on the following Council functions and responsibilities.
II. COUNCIL FUNCTIONS/RESPONSIBILITIES
The Council’s minimum responsibilities under the Act fall into five general categories:
1. Northwest Power Plan. Adopt and amend a regional conservation and electric power plan that includes: energy conservation programs, 20-year forecasts of electric energy demands, 20-year power resource forecasts, cost-effective methods for providing regional reliability and reserves, and methods for determining quantifiable environmental costs and benefits. Sections 4(d) and 4(e). Due to deregulation of the electric utility industry, much of the Council’s power planning responsibilities are being redirected toward assisting the four Northwest states during the utility industry restructuring.
2. Columbia River Basin Fish and Wildlife Program. Develop, adopt and amend the program to protect, mitigate and enhance fish and wildlife affected by development and operation of hydroelectric projects in the Columbia River Basin. Report annually to Congress on the effectiveness of the program and the extent to which the program is being implemented and assist development of program amendments. Sections 4(h), 4(g) and 4(i).
3. Public information and public involvement. Provide for the participation of the Pacific Northwest states, local governments, consumers, customers, users of the Columbia River system (including federal and state fish and wildlife agencies and appropriate Indian tribes) and the public at large in planning for the Northwest’s electric power and protection of fish and wildlife resources. Develop and maintain comprehensive programs to inform the public of major regional power and fish and wildlife issues. Sections 2(3) and 4(g).
4. Other responsibilities. In addition to the above responsibilities, the Council is directed to establish voluntary advisory committees it determines are necessary to assist in the development, collection and evaluation of statistical, biological, economical, social and environmental information relevant to the Council’s development and amendment of a regional conservation and electric power plan and fish and wildlife program. Section 4(c)(11) and (12).
The Council is required to conduct public meetings periodically throughout the region as part of its process for developing the regional energy plan and the fish and wildlife program. Section 4(d)(1).
5. Organization requirements. In addition to the Council determining its funding requirements, the Act also provides that the Council shall determine its organization and prescribe its practices and procedures for carrying out its functions and responsibilities under the Act. Section 4(c)(4). As part of its budget development process, the Council publishes for public review and comment its organization chart, practices, procedures and funding requirements associated with the above responsibilities. The Council also distributes for public review and comment its annual work plans for power planning and fish and wildlife program activities. Following public comment, an annual report describing the Council’s activities is published and forwarded to Congress.
III. STATES’ PARTICIPATION
The first component of the Council’s budget is the funding necessary to support each state’s participation as provided by the Act. This portion of the Council’s budget covers the funding for the Council members’ operation of their state offices, local public involvement efforts and technical support necessary to provide a suitable state review capability of those energy and fish and wildlife issues having a particular impact on the respective states. Oregon and Washington require that the Council offices be established in both the eastern and western portions of their respective states.
The states’ portion of the budget for Fiscal Year 2001 is $2,296,000, equivalent to 0.028 mills in firm power sales. The line item expenditure projections and a description of state Council activities is contained in Section J of this budget document.
IV. CENTRAL COUNCIL - POWER DIVISION
The regional electric power and conservation planning responsibilities established by the Act are carried out by a centralized technical staff. Seven staff members (excluding management and administrative support) provide the analytical support for the Northwest Energy Review Transition Board. The power division also analyzes changing conditions and monitors implementation of the power plan. Outside contracting occurs to a limited extent to augment research done by other entities or to provide technical capability that the Council does not possess. The Council conducts independent regional analysis by using computer modeling and analytical methods with data collected by outside sources.
The power planning portion of the Council’s Fiscal Year 2001 budget is $1,091,000, equivalent to 0.013 mills in firm power sales. The line item expenses for power planning and a description of program actions are described in Section E of this budget document.
V. CENTRAL COUNCIL - FISH AND WILDLIFE DIVISION
The activities necessary for development of the fish and wildlife program, monitoring its implementation, reviewing actions of Bonneville and others to determine consistency with the program and developing program amendments are conducted by a central staff of seven fish and wildlife specialists (excluding management and administrative support). The fish and wildlife planning efforts of the staff focus on mainstem passage and flows, system/subbasin production planning, research coordination, new hydropower development and actions by the Federal Energy Regulatory Commission, wildlife mitigation, resident fish and fish substitutions, and habitat and tributary passage. Monitoring and evaluation of fish and wildlife program effectiveness, as well as facilitating the resolution of barriers to implementation of specific program measures, are two of the most significant activities of the fish and wildlife division.
The fish and wildlife portion of the Council’s budget for Fiscal Year 2001 is $1,091,000, equivalent to 0.013 mills in firm power sales. The line item expenditure projections and a description of the fish and wildlife division programs are contained in Section F of this budget document.
VI. CENTRAL COUNCIL - PUBLIC AFFAIRS DIVISION
The Council’s public affairs division develops and maintains comprehensive programs to inform and involve the public in major regional power and fish and wildlife issues. This includes consultations with Bonneville, Bonneville customers, fish and wildlife agencies, Indian tribes and others. Specific efforts are made to work with state and local government entities in promoting and coordinating Council programs with governmental efforts in energy planning and fish and wildlife. Public affairs staff also: 1) coordinate contacts with Congress; 2) monitor federal appropriations and budget committee actions to implement the fish and wildlife program and the energy plan; 3) provide information to congressional committees; and 4) coordinate Council testimony before House and Senate committees.
The Council maintains an extensive mailing list (more than 10,000 individuals and organizations) as a major part of its outreach efforts to inform interested parties and to solicit their participation in the Council’s regional planning activities.
The principal way in which the Council attempts to reach the public is through its publications. These include a bi-monthly newsletter NWPPC NeWs, an annual report, summaries of current Council issues and the Council’s public meeting agenda. The Council also reaches the public is through the various media, including briefings for editors/reporters, Council meeting press packets, news releases, feature stories in a variety of publications and advertising the availability of the Council’s major documents. The Council maintains a web site where agendas, summaries of issues and activities, and all major Council publications are available.
The public affairs division portion of the Council budget for Fiscal Year 2000 is $573,000, equivalent to 0.007 mills in firm power sales. Line item expenditure projections and program descriptions for public affairs are contained in Section G of this budget document.
VII. CENTRAL COUNCIL - LEGAL DIVISION
Legal services are provided by three attorneys who provide administrative support and general legal advice, as well as support for the power planning, fish and wildlife, and public information and involvement programs.
Legal advice and representation, as well as the development of Council rules and procedures, including the negotiation of contracts, are provided by the legal division. The division participates in scheduled revisions of the energy plan and the fish and wildlife program by providing legal counsel at public hearings and consultations with interested parties, assisting and drafting amendments, and maintaining the administrative record of Council actions and rulemakings.
The legal division serves a necessary role in helping oversee the implementation of the energy plan and the fish and wildlife program by Bonneville, the U.S. Army Corps of Engineers, the Bureau of Reclamation, the Federal Energy Regulatory Commission, other agencies and utilities. Legal representation of the Council in appeals of its plan, program and other actions is provided, although no funding is provided for unanticipated litigation.
Administrative law support is necessary for administrative proceedings and addressing institutional legal questions, as well as ensuring that the Council adheres to the provisions of the Sunshine Act, the Freedom of Information Act, Administrative Procedures Act, government contracting practices, administrative record and advisory committees.
The legal services portion of the Council’s budget for Fiscal Year 2001 is $299,000, equivalent to 0.004 mills of forecast firm power sales. The legal division projection of line item expenditures and description of specific activities are presented in Section H of this budget document.
VIII. CENTRAL COUNCIL - ADMINISTRATIVE DIVISION
The administrative division provides the executive direction for all central Council operations and administrative and financial support for the Council.
The office of the executive director provides the direction for all staff work on Council programs and for program support services. Financial and administrative services are provided, including budget development, audits, contracts management, accounting/payroll systems and personnel administration.
The cost of management services and supplies that are applicable to all divisions are aggregated in the administrative division budget. The major expense components are office rent, telephone, office supplies, postage/mailing, equipment rental, audit fees, insurance, and computer support services.
The administrative division portion of the Council’s budget for Fiscal Year 2001 is $1,524,000 equivalent to 0.019 mills of firm power sales. The administrative division line item expenditure projection and activity descriptions are contained in Section I, of this budget document.
IX. CENTRAL COUNCIL - INFORMATION SYSTEMS
The Council has fostered a high degree of computer integration with its planning activities and support services. Computer systems and software are necessary to give the Council the capability to carry out its functions and responsibilities with minimum staffing levels and limited outside contracting. Complex computer models and extensive databases are operated and maintained for system analysis, decision analysis, load forecasting and statistical analysis, as well as hydropower system, power resource and conservation databases. Fish and wildlife planning uses fish production and fish passage models, as well as river reach and system production planning databases. The administrative division uses the Council’s computer capability for maintaining administrative records requirements, word processing and all accounting/budget systems. The Council also has developed a computer communications network capability that allows computer linkage with Bonneville, certain agencies and tribes, utility organizations, state Council offices and the Internet.
The information services portion of the Council's budget for Fiscal Year 2001 is $307,000, equivalent to 0.004 mills of forecast firm power sales. These costs are included in the administrative division’s budget. A more detailed description of the information systems function is contained in Appendix B of this budget document.
X. SUMMARY
Based on this showing and the supporting detailed information contained in this budget document, the Council has determined that the 0.02 mill limitation will not allow the Council to carry out its functions and responsibilities under the Act and that the following budget expenditures proposed for Fiscal Year 1999 are necessary and appropriate.
| States participation |
$2,296,000
|
0.028 mills |
| Central Council: | ||
| Power Planning |
$1,091,000
|
0.013 mills |
| Fish and Wildlife |
$1,091,000
|
0.013 mills |
| Public Affairs |
$573,000
|
0.007 mills |
| Legal |
$299,000
|
0.004 mills |
| Administrative |
$1,524,000
|
0.019 mills |
| TOTAL |
$6,874,000
|
0.084 mills |