CASE BRIEFING ~ COLVILLE NATIONAL FOREST - SULLIVAN CREEK DAM NEGOTIATION
The Federal Energy Regulatory Commission (FERC) has required the Pend Oreille PUD to surrender its FERC
license at the Sullivan Dam facilities because power is no longer being generated there. The Sullivan Dam
facilities are located on National Forest System lands at Sullivan Lake and along Sullivan Creek, a tributary
of the Pend Oreille River, near the town of Metaline Falls, Washington. It is owned and operated by the Pend
Oreille PUD, which uses the Sullivan Lake and Mill Pond dams to store water for downstream power generation.
Once the license is abandoned, the USDA Forest Service becomes the federal managing agency and any remaining
facilities are required by federal law to obtain a Special Use Authorization that meets current environmental
standards.
A negotiation team was formed for the license surrender process, which brought together representatives from
community, local, state, federal, and tribal stakeholder interests. The negotiation team was facilitated by
the U.S. Institute for Environmental Conflict Resolution.
The negotiation effort brought together members of the USDA Forest Service, U.S. Fish & Wildlife Service,
Bureau of Indian Affairs, National Park Service, WA Department of Ecology, WA Department of Fish &
Wildlife, American Whitewater, The Lands Council, Selkirk Conservation Alliance, Kalispel Tribe and several
members of the public. The team worked together over a year and a half to jointly develop a settlement
agreement for the FERC license surrender that considers all of the stakeholder interests and provides benefits
to the community and to the river system.
On Monday, March 29, 2010, two interrelated settlement agreements that call for the continued operation of
Boundary Dam on the Pend Oreille River, enhanced operation of Sullivan Dam on the natural Sullivan Lake, and
the removal of Mill Pond Dam on Sullivan Creek were signed.
In addition to addressing dam operations, these agreements provide for the protection and enhancement of fish
and wildlife habitat, native species protection, improved public recreation facilities and programs, and commit
to maintaining the regional quality of life enjoyed by residents and visitors alike.
Cherie Shanteau-Wheeler is the U.S. Institute project lead on the COLVILLE NATIONAL FOREST - SULLIVAN
CREEK DAM NEGOTIATION. She is a Senior Mediator/Senior Program Manager with the U.S. Institute for
Environmental Conflict Resolution (the "Institute"). She has been with the Institute since 2001. Prior to that,
Cherie practiced law and mediated disputes for over 18 years. At the Institute, her program responsibilities
include administrative proceedings, escalated disputes, litigated matters and courts. In addition to case
consultation and management, she provides program design, convening and process management services, mediation
and facilitation, as well as environmental conflict resolution and negotiation training. Her subject matter
expertise includes real property and environmental law, Western public lands issues including NEPA, wilderness,
grazing and endangered species. She has designed ADR referral programs, successfully mediated numerous
litigated and nonlitigated matters, represented clients in mediation, and facilitated several large public
disputes related to a variety of environmental issues. She teaches mediation, negotiation (including complex
multiparty negotiation), collaborative competencies, conflict prevention and management skills, and
communication to judges, lawyers, law students, state and federal agency personnel and other individuals,
corporations and organizations in the United States and Europe. She is additionally qualified to administer
the Myers-Briggs Type Indicator ©
Contact Information:
Cherie Shanteau-Wheeler,
Senior Mediator/Senior Program Manager
Defense, Energy, Transportation, and Training Programs
Phone: (520) 901-8546 Email: Shanteau-wheeler@ecr.gov
Website: www.ecr.gov