221.73—How will NMFS analyze a proposed alternative and formulate its modified prescription?
(a)
In deciding whether to adopt a proposed alternative, NMFS must consider evidence and supporting material provided by any license party or otherwise available to NMFS including:
(1)
Any evidence on the implementation costs or operational impacts for electricity production of the proposed alternative;
(3)
Any ALJ decision on disputed issues of material fact issued under § 221.60 with respect to the preliminary prescription;
(b)
NMFS must adopt a proposed alternative if NMFS determines, based on substantial evidence provided by any license party or otherwise available to NMFS, that the alternative will be no less protective than NMFS's preliminary prescription and will, as compared to NMFS's preliminary prescription:
(c)
When NMFS files with FERC the prescription that NMFS adopts as its modified prescription under §§ 221.72(b), it must also file:
(2)
Any study, data, and other factual information relied on that is not already part of the licensing proceeding record.
(d)
The written statement under paragraph (c)(1) of this section must demonstrate that NMFS gave equal consideration to the effects of the prescription adopted and any alternative prescription not adopted on: