CFR > Title 50 - Wildlife and Fisheries > CHAPTER II—NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE > SUBCHAPTER C—MARINE MAMMALS (Parts 216–229) > PART 221—PRESCRIPTIONS IN FERC HYDROPOWER LICENSES > SUBPART C—Alternatives Process (§221.70 to §221.74) > 221.71—How do I propose an alternative?

221.71—How do I propose an alternative?

(a) General. To propose an alternative, you must:
(1) Be a license party; and
(2) File a written proposal with the Office of Habitat Conservation within 30 days after the deadline for NMFS to file preliminary prescriptions with FERC.
(b) Content. Your proposal must include:
(1) A description of the alternative, in an equivalent level of detail to NMFS's preliminary prescription;
(2) An explanation of how the alternative will be no less protective than the fishway prescribed by NMFS;
(3) An explanation of how the alternative, as compared to the preliminary prescription, will:
(i) Cost significantly less to implement; or
(ii) Result in improved operation of the project works for electricity production;
(4) An explanation of how the alternative will affect:
(i) Energy supply, distribution, cost, and use;
(ii) Flood control;
(iii) Navigation;
(iv) Water supply;
(v) Air quality; and
(vi) Other aspects of environmental quality; and
(5) Specific citations to any scientific studies, literature, and other documented information relied on to support your proposal, including any assumptions you are making (e.g., regarding the cost of energy or the rate of inflation). If any such document is not already in the license proceeding record, you must provide a copy with the proposal.