Summary: Pursuant to a congressional request, GAO reviewed: (1) the adequacy of the 30-day period that agencies are given to request a hearing after the Federal Energy Regulatory Commission (FERC) issues an order authorizing the construction and operation of a hydroelectric project; and (2) the FERC role in determining whether fish protection measures are working properly.
GAO found that: (1) federal and state fish and wildlife officials often did not receive FERC orders until 2 weeks after issuance; (2) when these delays occurred, officials selectively responded to the projects with the largest impacts and interrupted their operations to prepare timely requests for hearings; (3) about one-third of the 30-day period is used for printing, distribution, and mailing processes; and (4) although the Federal Power Act (FPA) allows FERC 30 days to respond to the construction of a hydroelectric project, FERC could increase available response time by reducing processing and mailing time. GAO also found that: (1) FERC inspectors do not have the expertise to determine how well fish protection measures are working; and (2) although FERC relies on state agencies to perform this function, but does not have formal working agreements with state agencies, and it is difficult to determine the extent to which fish protection measures are working.
