How will the Forest Service analyze a proposed alternative and formulate its modified condition?
CFR · 2024-01-01 · US · Title 7
(a) In deciding whether to accept an alternative proposed under § 1.671 or § 1.672, the Forest Service must consider evidence and supporting material provided by any license party or otherwise reasonably 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 or § 1.672. (b) The Forest Service must accept 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) For purposes of paragraphs (a) and (b) of this section, the Forest Service will consider evidence and supporting material provided by any license party by the deadline for filing comments on FERC's NEPA document under 18 CFR 5.25(c). (d) When the Forest Service files with FERC the condition that the Fore
official document · source cfr-2024 · id 7:§ 1.674