JOINT FACT FINDING AND

ENERGY RESOURCES STEVEN COURTNEY

PAUL DE MORGAN

DANA GOODSON

202-944-2300

http://www.resolv.org/site-

collaborativescience/services/joint-fact-finding

October 2013

1

Webinar Objectives

Objectives:

Provide an overview of why, when, and how to use a

JFF process

Use a case study to demonstrate how JFF can help you

engage stakeholders, reduce conflict, increase

cooperation, and determine whether and/or how to

move projects forward

Explore how the JFF process can be applied to issues in

the energy resources field

2

Webinar Agenda

Welcome and Introductions - Paul De Morgan, RESOLVE

Senior Mediator and Director, Collaborative Technology

Platform

JFF Overview: Why & When to Use JFF - Steven

Courtney, Director, RESOLVE Collaborative Science Program

The JFF Process: How It Works - Dana Goodson, Senior

Facilitator and Coordinator, RESOLVE Smart Energy Program

JFF Case Study: Endangered Species – Steven

Courtney

Q&A and Discussion on Application of JFF to Energy

Resources Issues – Paul De Morgan

3

Mission

RESOLVE builds strong, enduring

solutions to environmental, social, and

health challenges. We help community,

business, government, and NGO leaders

get results and create lasting

relationships through collaboration.

4

Issues

Smart Energy

Natural Resource Conflict

Healthy People & Communities

Clean Air & Water

Resilient Ecosystems

Sustainable Development

5

Programs Services Collaborative Science Building Partnerships/Collaboration Solutions Network Conflict Resolution Collaborative Tech Platform Training & Capacity Building Agriculture Independent Research Speakers/Workshops Strategic Analysis & Planning Learning www.resolv.org

6

Why & When to Use

Joint Fact Finding

JFF Overview 7

Example: Hydraulic Fracturing Technical and Factual Questions

8

Carbon

impacts Earthquakes

Water

demands

Economic

impacts Air quality

Water

contamination

Chemicals

management

Dust

Water

discharge

Endangered

Species Noise

Population

influx

Example: Hydraulic Fracturing Technical and Factual Questions

9

Carbon

impacts Earthquakes

Water

demands

Economic

impacts Air quality

Water

contamination

Chemicals

management

Dust

Water

discharge

Endangered

Species Noise

Population

influx

Example: Wind Energy Technical and Factual Questions

10

Carbon

impacts

Noise

Endangered

Species

Economic

impacts Infrastructure

Impacts:

bats, eagles,

migratory

birds

Siting Viewshed Mitigation

effectiveness

Example: Wind Energy Technical and Factual Questions

11

Carbon

impacts

Noise

Endangered

Species

Economic

impacts Infrastructure

Impacts:

bats, eagles,

migratory

birds

Siting Viewshed Mitigation

effectiveness

Conventional Science-Based Decision Making

Why Is JFF Needed?

• Science may be disputed (dueling scientists)

• Not all stakeholders may have access to science (no

buy-in)

• Scientists may not have access to important

information known only to stakeholders

• Limited opportunities to resolve technical or scientific

disagreements

• Regulatory agencies control evaluation of science

(‘best available science’)

• Technical issues may become focus of permitting

disputes, and of legal actions

12

What is Joint Fact Finding?

A Definition

Joint fact finding is a formal process to

evaluate technical and factual

questions that stakeholders have

raised.

13

Principles of Joint Fact Finding How JFF Is Different

Parties share data and work together to resolve

uncertainties

Ongoing dialogue that includes technical experts,

decision makers, and stakeholders

Information is made clear and understandable to all

Goals of science are framed by all stakeholders

Parties are committed to a shared process

14

Advantages of JFF Why Use a JFF Approach?

Reduces

misunderstandings

Advantages of JFF Why Use a JFF Approach?

Reduces

misunderstandings

Stakeholders become

engaged in technical

issues

Advantages of JFF Why Use a JFF Approach?

Reduces

misunderstandings

Stakeholders become

engaged in technical

issues

Administrative record of

‘best available science’

Advantages of JFF Why Use a JFF Approach?

Reduces

misunderstandings

Stakeholders become

engaged in technical

issues

Administrative record of

‘best available science’

Efficiencies of time and

effort

Advantages of JFF Why Use a JFF Approach?

Reduces

misunderstandings

Stakeholders become

engaged in technical

issues

Administrative record of

‘best available science’

Efficiencies of time and

effort

Reduced litigation

Advantages of JFF Why Use a JFF Approach?

Reduces misunderstandings

Stakeholders become engaged in technical issues

Administrative record of ‘best available science’

Efficiencies of time and effort

Reduced litigation

May foster other cooperation

How Joint Fact Finding

Works

The JFF Process 21

JFF can take different forms

Example:

Potential shale development using hydraulic

fracturing & horizontal drilling

Dispute: interpretation of data and

implications of increased road dust

How to Apply The Principles An Illustrative Application

22

The Role of a Neutral

Trusted to develop fair open process

Able to reach out to all constituencies

Maintains dialogue and facilitates interactions

Develops administrative record

Trusted to communicate results fairly

23

The Steps in JFF: Step 1 Establish the Participants & the Questions

Identify constituencies

Conduct outreach

Identify issues amenable to JFF

Generate list of questions/data needs

Which issues are of concern to stakeholders?

Which involve scientific or technical uncertainties?

Which issues are relevant to decision-making?

Establish process and rules for dialogue

24

The Steps in JFF: Step 2 Determine How to Obtain Answers

Jointly identify qualified expert(s)

Identify options for answering questions

Monitor (or participate in) study process

Develop process for evaluating new

information

25

The Steps in JFF: Step 3 Evaluate Results and Communicate

Jointly evaluate the results

Generate synthesis and shared evaluation

Communicate results

Decision-makers

Constituencies

Public

26

Endangered Species

A JFF Case Study 27

Sage-Grouse

Found throughout west (12

states e.g. Wyoming,

Colorado, Nevada) in areas

with shale deposits

Two populations proposed for

listing under ESA

Highly susceptible to

disturbance (5 mile radius)

Impact - take prohibition.

Limited activity.

Opportunity costs (5+ years

to permit under ESA)

Direct costs

28

Sage-Grouse JFFs

Large landowners, and State of Nevada

Assessing impact of all extractives (shale

gas/oil, mining)

Conservation Banks and HCPs

RESOLVE is neutral convener, science

facilitator

New science being commissioned

Standing science panel of 9 specialists

Issues scoped between meetings, prepared

for discussion, resolved

Regulators part of process alongside land

owners, managers, ranchers, environmentalists

Strong administrative record on what

constitutes ‘best available science’

29

Summary of JFF

Technical issues

Stakeholder

engagement

National and

International

Science is a common

language

30

Application of JFF to Energy

Resources Issues

Q&A and Discussion 31

Discussion (and Polling) Questions

1. Do you think JFF might be applied in your

work?

2. Are there specific situations/issues where JFF

could apply?

3. What benefits do you envision accruing from

application of JFF?

4. What challenges might arise from application

of JFF?

32

http://www.resolv.org/site-

collaborativescience/services/joint-fact-finding

RESOLVE – 202-944-2300

Steven Courtney, x382

Paul De Morgan, x207

Dana Goodson. x209

Conclusion 33