TCRC Argues: 1. The OEP Director Did Not Have Authority To Issue The License Order In This Contested Proceeding. 2. The License Order Is Not Best Adapted To A Comprehensive Plan Of Development As Required By FPA Section 10(A)(1). a. The License Order Is Not a Plan for The Desired Future Conditions of Beneficial Uses of the Roanoke Basin. 3. The License Order Is Not Supported By Substantial Evidence, And Is Arbitrary And Capricious, And Otherwise Not In Accordance With Law In Violation Of FPA Section 313(B) And APA Sections 556- 557, 706(2)(A), (D) And (E). a. The License Order Relies on Incomplete Evidence and Does Not Cite Specific Evidence Regarding the Impacts of the New License Articles Over the Next 30 Years. 4. OEP Staff Did Not Consider A Reasonable Range Of Alternatives Or Analyze Project Impacts Over The Term Of The New License, As Required By The National Environmental Policy Act Sections 102(2)(C) And 102(2)(E) And Implementing Rules. 5. The License Order Does Not Insure That The New License Will Not Jeopardize The Continued Existence Of Roanoke Logperch For The Next 30 Years. 6. The Commission Should Deem TCRC’s Offer Of Settlement To Be Uncontested And Proceed To Consideration Of Its Merits. TCRC REQUESTS RELIEF Given the deficiencies of the License Order and FEIS as described above, we request that the Commission vacate the License Order and direct OEP Staff to do the following: (1) Supplement the record with regard to the impacts of the new license over the next 30-50 years; (2) Explain the basis for reliance on any piece of evidence where competing evidence exists in the record; (3) Explain the logical connection between evidence relied upon and finding(s) made; (4) Make specific findings regarding the future condition of affected resources; and (5) Initiate formal consultation with the FWS under ESA section 7(a)(2) regarding project impacts on the Roanoke logperch. We also request that the Commission deem our Offer of Settlement uncontested and proceed to consideration of it on its merits. In the alternative, we request the Commission notice the Offer of Settlement, provide for public comment, and convene a settlement conference in the next 30-60 days. To view TCRC's Request for a rehearing click on the link below. |