43 C.F.R. § 45.71 — How do I propose an alternative?
§ 45.71 How do I propose an alternative? (a) General. To propose an alternative condition or prescription, you must: (1) Be a license party; and (2) File a written proposal with OEPC: (i) For a case under § 45.1(d)(1), within 30 days after DOI files a preliminary condition or prescription with FERC; or (ii) For a case under § 45.1(d)(2), within 60 days after DOI files a proposed condition or prescription with FERC. (b) Content. Your proposal must include: (1) A description of the alternative, in an equivalent level of detail to DOI's preliminary condition or prescription; (2) An explanation of how the alternative: (i) If a condition, will provide for the adequate protection and utilization of the reservation; or (ii) If a prescription, will be no less protective than the fishway prescribed by DOI; (3) An explanation of how the alternative, as compared to the preliminary condition or 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.