Marty
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redneck yachter
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Loc: Olympic Peninsula
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Interesting the true power play is done with backdoor politics. Appears the way to change dam issues is to have a influence from inside FERC. It is a election year isn't it?
Click to read FERC ruling
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Marty
Got Your Steelheader.net stickers?
Pay it forward
Steelhead dues paid one cast at a time repeated a 1000 times a day...one more cast looking for a fix
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Marty
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redneck yachter
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Reged: 07/17/00
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Loc: Olympic Peninsula
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How the Commission is Appointed
The Federal Energy Regulatory Commission (FERC) is composed of up to five commissioners who are appointed by the President of the United States with the advice and consent of the Senate. Commissioners serve five-year terms, and have an equal vote on regulatory matters.
To avoid any undue political influence or pressure, no more than three commissioners may belong to the same political party. There is no review of FERC decisions by the President or Congress, maintaining FERC's independence as a regulatory agency, and providing for fair and unbiased decisions. The Commission is funded through costs recovered by the fees and annual charges from the industries it regulates.
One member of the Commission is designated by the President to serve as Chair and FERC's administrative head.
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Marty
Got Your Steelheader.net stickers?
Pay it forward
Steelhead dues paid one cast at a time repeated a 1000 times a day...one more cast looking for a fix
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Cowlitzfisherman
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steelie
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Reged: 07/02/03
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Loc: Cowlitz River near Toledo WA
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So Marty,
It sounds like NOAA fishery pays FERC to approve there own policy...right?
Now you know why Tacoma Power bought off FERC in the settlement Agreement. Tacoma spent well over 12 MILLION in that process, and one can figure that FERC got there FAIR SHARE of that money
That is why we as sport fishers are SCREWED!
Welcome to the game Marty!
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CCA Your Best Bet For The Fish
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boater
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Chromer
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Loc: seattle
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dont they just shop around for a plan they like and use that one ? 
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Salmo_g
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silver
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Reged: 12/29/04
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Loc: south Sound
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I disagree that politics had anything to do with the ruling. I'd like to see anyone point specifically to political interference.
The court found that FERC erred in dismissing the petition. The court didn't even question that the petitioner's claim appears to have merit. The part of the ruling that took most of us by surprise is that an agency can have the discretion to not enforce its own regulations. I still don't quite get that one, because a third party, like FOC, can sue an agency for failure to enforce, but it looks like the court has found that there is only a narrow window where that may occur.
As far as funding, theoretically FERC is funded by fees collected from hydropower owners, but all the money goes to the federal treasury. FERC's budget comes out of part of the Department of Energy budget, which comes from the federal treasury, so any connection with fees collected is indirect.
CFM,
I know this topic is an emotional one with you, but you're over the edge again. NOAA doesn't pay FERC anything. Actually NOAA contends that FERC should pay NMFS for doing hydropower work. But FERC always points out that the fees collected go into the same treasury that all federal agencies budgets come out of.
I'd like to see you prove that FERC got its hands on any of the money that Tacoma spent on relicensing. That would make a good scandal.
Sg
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Todd R
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Chromer
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Loc: Seattle, Washington
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Quote:
Salmo_g said:
The part of the ruling that took most of us by surprise is that an agency can have the discretion to not enforce its own regulations. I still don't quite get that one, because a third party, like FOC, can sue an agency for failure to enforce, but it looks like the court has found that there is only a narrow window where that may occur.
A Court of Appeals case supporting this notion is indeed a painful pill to swallow...hopefully a different Federal District Court will find differently some day, and the Supremes will take a shot at it and reverse the 3rd District Court...but until then, it's the law of the land around here.
Fish on...
Todd
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http://www.rvrfshr.com
For all your fishing hardware needs!
"Correct in Design"
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Salmo_g
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silver
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Reged: 12/29/04
Posts: 103
Loc: south Sound
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Todd,
That was the 9th Circuit, and they are usually fish and environment friendly. But this turned on a point of law that I didn't know about, and I think the agency lawyers didn't even think about. Caught off guard.
Sg
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Todd R
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Chromer
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Reged: 10/29/01
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Loc: Seattle, Washington
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Yeah...typo...obviously the 9th around here.
Fish on...
Todd
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http://www.rvrfshr.com
For all your fishing hardware needs!
"Correct in Design"
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Cowlitzfisherman
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steelie
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Reged: 07/02/03
Posts: 230
Loc: Cowlitz River near Toledo WA
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Have you guys read that full decision?
That's a really good one Salmo!
Now let "everyone THINK about what you had said"...
"NOAA doesn't pay FERC anything. Actually NOAA contends that FERC should pay NMFS for doing hydropower work. But FERC always points out that the fees collected go into the same treasury that all federal agencies budgets come out of.
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CCA Your Best Bet For The Fish
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Salmo_g
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silver
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Reged: 12/29/04
Posts: 103
Loc: south Sound
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Yes, CFM, I've read the entire decision. Once shortly after it was issued, and again the other day because Marty began this thread. What's your point?
Sg
PS: how come Boater's thread about selective fishing got locked? I wanted to ask him, who's he gonna' believe, a bunch of agencies and credentialed organizations offering sound bites but no sound logic, or me, with few credentials but the soundest logic? How's that for teein' it up?
Sg
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boater
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Chromer
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Loc: seattle
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Quote:
Salmo_g said:
PS: how come Boater's thread about selective fishing got locked? I wanted to ask him, who's he gonna' believe, a bunch of agencies and credentialed organizations offering sound bites but no sound logic, or me, with few credentials but the soundest logic? How's that for teein' it up?
Sg
i agree with you
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