CFR > Title 7 - Agriculture > SUBTITLE A—Office of the Secretary of Agriculture > PART 1—ADMINISTRATIVE REGULATIONS > SUBPART O—Conditions in FERC Hydropower Licenses (§1.601 to §1.674) > 1.673—How will the Forest Service analyze a proposed alternative and formulate its modified condition?

1.673—How will the Forest Service analyze a proposed alternative and formulate its modified condition?

(a) In deciding whether to adopt a proposed alternative, the Forest Service must consider evidence and supporting material provided by any license party or otherwise available to the Forest Service, including:
(1) Any evidence on the implementation costs or operational impacts for electricity production of the proposed alternative;
(2) Any comments received on the Forest Service's preliminary condition;
(3) Any ALJ decision on disputed issues of material fact issued under § 1.660 with respect to the preliminary condition;
(4) Comments received on any draft or final NEPA documents; and
(5) The license party's proposal under § 1.671.
(b) The Forest Service must adopt a proposed alternative if the Forest Service determines, based on substantial evidence provided by any license party or otherwise available to the Forest Service, that the alternative:
(1) Will, as compared to the Forest Service's preliminary condition:
(i) Cost significantly less to implement; or
(ii) Result in improved operation of the project works for electricity production; and
(2) Will provide for the adequate protection and utilization of the reservation.
(c) When the Forest Service files with FERC the condition that the Forest Service adopts as its modified condition under §§ 1.672(b), it must also file:
(1) A written statement explaining:
(i) The basis for the adopted condition; and
(ii) If the Forest Service is not adopting any alternative, its reasons for not doing so; and
(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 the Forest Service gave equal consideration to the effects of the condition adopted and any alternative not adopted on:
(1) Energy supply, distribution, cost, and use;
(2) Flood control;
(3) Navigation;
(4) Water supply;
(5) Air quality; and
(6) Preservation of other aspects of environmental quality.