148 



Mr. Grace. It has definitely been done, but I do see a will to 

 work together. 



Mr. LaRocco. Mr. Chairman, I yield back. 



Mr. DeFazio. Great. I have some more questions. Thank you, I 

 thank the gentleman for jdelding back to me. 



Mr. Grace, I am headed back to some other questions, but I can- 

 not help but bring this up. My understanding is there is a formal 

 process for disputes between the Coimcil and BPA. And I am a bit 

 curious, you Imow, why you choose to go to the Federal Energy 

 Regulatory Commission in the rate case as opposed to triggering a 

 finding of inconsistency. I mean, that is one of the strongest tools 

 you are given in the Act to deal with BPA. Has it ever been used 

 by the Council in any of BPA's actions? 



Mr, Grace. Not to my knowledge. 



Mr. DeFazio. Okay. 



Mr. Grace. And I think a lot of it was miscommunications in the 

 Council itself. 



Mr. DeFazio. Okay, but in terms of asking for additional con- 

 gressional oversight — and again, certainly I agree with Mr. Webb 

 about how effective we have been already — but in looking also at 

 some of the tools you have been given, I mean that is a pretty pow- 

 erful tool. 



Mr. Grace, It is. 



Mr. DeFazio. Granted it is a little strange in that it is again, you 

 know, the fox and hen house thing, because you get to file for in- 

 consistency, you get a hearing and a response from BPA and then 

 of course the Administrator makes the final decision. Maybe there 

 is another way to determine who makes the final decision there in 

 maybe a little more impartial forum, although I know Randy is 

 very good at putting on a different hat which changes his head to 

 be totally impartial. When he does the rate case, you know, he is 

 an impartial person. 



But could you comment on that? 



Mr. Grace. I can comment and Mr. Webb would like to comment 

 on that. 



I can fi-om the standpoint that I was in the minority on the 

 FERC letter. I thought there was a better way to go, but 



Mr. DeFazio. Okay, perhaps Mr. Webb 



Mr. Webb. Mr, Chairman, Congressman, I am totally satisfied 

 that at this point in time, there is a majority of the council mem- 

 bers that feel we were somewhat adrift and people were not listen- 

 ing to us. We wanted to be more direct, more resolute, more posi- 

 tive, more effective. And that precipitated the FERC entre. People 

 have taken exception with this, but at that time it was very much 

 just a place-holder proceeding, because we had to move within a 3- 

 day period to sustain that remedy if we chose it. 



As to the 4(i) proceeding in the Power Act that you are alluding 

 to, Mr. Chairman, you are right on target, that is a very effective 

 proceeding seeking remedy, if we chose to go that route. And my 

 sense is that perhaps we would have proceeded on that course, but 

 for this task force's oversight. And again, I say for the first time, 

 I think people are looking to what the Strategy for Salmon speaks 

 to and addresses. 



