joint fact finding and energy resources - … · · 2013-11-01joint fact finding and energy...
TRANSCRIPT
JOINT FACT FINDING AND
ENERGY RESOURCES STEVEN COURTNEY
PAUL DE MORGAN
DANA GOODSON
202-944-2300
http://www.resolv.org/site-
collaborativescience/services/joint-fact-finding
October 2013
1
Webinar Objectives
Objectives:
Provide an overview of why, when, and how to use a
JFF process
Use a case study to demonstrate how JFF can help you
engage stakeholders, reduce conflict, increase
cooperation, and determine whether and/or how to
move projects forward
Explore how the JFF process can be applied to issues in
the energy resources field
2
Webinar Agenda
Welcome and Introductions - Paul De Morgan, RESOLVE
Senior Mediator and Director, Collaborative Technology
Platform
JFF Overview: Why & When to Use JFF - Steven
Courtney, Director, RESOLVE Collaborative Science Program
The JFF Process: How It Works - Dana Goodson, Senior
Facilitator and Coordinator, RESOLVE Smart Energy Program
JFF Case Study: Endangered Species – Steven
Courtney
Q&A and Discussion on Application of JFF to Energy
Resources Issues – Paul De Morgan
3
Mission
RESOLVE builds strong, enduring
solutions to environmental, social, and
health challenges. We help community,
business, government, and NGO leaders
get results and create lasting
relationships through collaboration.
4
Issues
Smart Energy
Natural Resource Conflict
Healthy People & Communities
Clean Air & Water
Resilient Ecosystems
Sustainable Development
5
Programs Services Collaborative Science Building Partnerships/Collaboration Solutions Network Conflict Resolution Collaborative Tech Platform Training & Capacity Building Agriculture Independent Research Speakers/Workshops Strategic Analysis & Planning Learning www.resolv.org
6
Example: Hydraulic Fracturing Technical and Factual Questions
8
Carbon
impacts Earthquakes
Water
demands
Economic
impacts Air quality
Water
contamination
Chemicals
management
Dust
Water
discharge
Endangered
Species Noise
Population
influx
Example: Hydraulic Fracturing Technical and Factual Questions
9
Carbon
impacts Earthquakes
Water
demands
Economic
impacts Air quality
Water
contamination
Chemicals
management
Dust
Water
discharge
Endangered
Species Noise
Population
influx
Example: Wind Energy Technical and Factual Questions
10
Carbon
impacts
Noise
Endangered
Species
Economic
impacts Infrastructure
Impacts:
bats, eagles,
migratory
birds
Siting Viewshed Mitigation
effectiveness
Example: Wind Energy Technical and Factual Questions
11
Carbon
impacts
Noise
Endangered
Species
Economic
impacts Infrastructure
Impacts:
bats, eagles,
migratory
birds
Siting Viewshed Mitigation
effectiveness
Conventional Science-Based Decision Making
Why Is JFF Needed?
• Science may be disputed (dueling scientists)
• Not all stakeholders may have access to science (no
buy-in)
• Scientists may not have access to important
information known only to stakeholders
• Limited opportunities to resolve technical or scientific
disagreements
• Regulatory agencies control evaluation of science
(‘best available science’)
• Technical issues may become focus of permitting
disputes, and of legal actions
12
What is Joint Fact Finding?
A Definition
Joint fact finding is a formal process to
evaluate technical and factual
questions that stakeholders have
raised.
13
Principles of Joint Fact Finding How JFF Is Different
Parties share data and work together to resolve
uncertainties
Ongoing dialogue that includes technical experts,
decision makers, and stakeholders
Information is made clear and understandable to all
Goals of science are framed by all stakeholders
Parties are committed to a shared process
14
Advantages of JFF Why Use a JFF Approach?
Reduces
misunderstandings
Stakeholders become
engaged in technical
issues
Advantages of JFF Why Use a JFF Approach?
Reduces
misunderstandings
Stakeholders become
engaged in technical
issues
Administrative record of
‘best available science’
Advantages of JFF Why Use a JFF Approach?
Reduces
misunderstandings
Stakeholders become
engaged in technical
issues
Administrative record of
‘best available science’
Efficiencies of time and
effort
Advantages of JFF Why Use a JFF Approach?
Reduces
misunderstandings
Stakeholders become
engaged in technical
issues
Administrative record of
‘best available science’
Efficiencies of time and
effort
Reduced litigation
Advantages of JFF Why Use a JFF Approach?
Reduces misunderstandings
Stakeholders become engaged in technical issues
Administrative record of ‘best available science’
Efficiencies of time and effort
Reduced litigation
May foster other cooperation
JFF can take different forms
Example:
Potential shale development using hydraulic
fracturing & horizontal drilling
Dispute: interpretation of data and
implications of increased road dust
How to Apply The Principles An Illustrative Application
22
The Role of a Neutral
Trusted to develop fair open process
Able to reach out to all constituencies
Maintains dialogue and facilitates interactions
Develops administrative record
Trusted to communicate results fairly
23
The Steps in JFF: Step 1 Establish the Participants & the Questions
Identify constituencies
Conduct outreach
Identify issues amenable to JFF
Generate list of questions/data needs
Which issues are of concern to stakeholders?
Which involve scientific or technical uncertainties?
Which issues are relevant to decision-making?
Establish process and rules for dialogue
24
The Steps in JFF: Step 2 Determine How to Obtain Answers
Jointly identify qualified expert(s)
Identify options for answering questions
Monitor (or participate in) study process
Develop process for evaluating new
information
25
The Steps in JFF: Step 3 Evaluate Results and Communicate
Jointly evaluate the results
Generate synthesis and shared evaluation
Communicate results
Decision-makers
Constituencies
Public
26
Sage-Grouse
Found throughout west (12
states e.g. Wyoming,
Colorado, Nevada) in areas
with shale deposits
Two populations proposed for
listing under ESA
Highly susceptible to
disturbance (5 mile radius)
Impact - take prohibition.
Limited activity.
Opportunity costs (5+ years
to permit under ESA)
Direct costs
28
Sage-Grouse JFFs
Large landowners, and State of Nevada
Assessing impact of all extractives (shale
gas/oil, mining)
Conservation Banks and HCPs
RESOLVE is neutral convener, science
facilitator
New science being commissioned
Standing science panel of 9 specialists
Issues scoped between meetings, prepared
for discussion, resolved
Regulators part of process alongside land
owners, managers, ranchers, environmentalists
Strong administrative record on what
constitutes ‘best available science’
29
Summary of JFF
Technical issues
Stakeholder
engagement
National and
International
Science is a common
language
30
Discussion (and Polling) Questions
1. Do you think JFF might be applied in your
work?
2. Are there specific situations/issues where JFF
could apply?
3. What benefits do you envision accruing from
application of JFF?
4. What challenges might arise from application
of JFF?
32
http://www.resolv.org/site-
collaborativescience/services/joint-fact-finding
RESOLVE – 202-944-2300
Steven Courtney, x382
Paul De Morgan, x207
Dana Goodson. x209
Conclusion 33