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Kearns & West in Action:
Complex Talks Unhinging,
K&W Called In
Situation
After nearly two years of discussion, a critical process for re-licensing an important West Coast power supply was showing signs of breaking down. Talks were becoming unhinged and the likelihood of making progress toward resolving persistent disagreements was looking doubtful. At the recommendation of some key stakeholders, Kearns & West was given the assignment by Pacific Gas & Electric to find a way to get things on track.

The license in question was for three hydroelectric dams. Interests included agriculture, environment, community and cultural impacts, recreation, and multiple state and federal government agencies.

For hydroelectric re-licensing, the key outcome is to take all of the impacts of running the dams into account, and reach agreement on how to operate in ways that satisfy stakeholders’ goals. In this case goals included, for example, agreeing on environmental protection issues and concerns. Once all of the scores of possible impacts are sorted out, the agreements are taken to the licensing agency as agreed-upon conditions. When the agency sees that stakeholders are satisfied, it makes issuing the license more assured.

Approach
Kearns & West stepped into a difficult situation, but had the confidence of stakeholders that we would fairly account for all interests and help all involved achieve their most important goals and reach consensus. K&W reorganized the way in which groups were working together, coached participants on how to achieve win-win situations, and systematically executed a series of caucuses to get interests and disagreements addressed in a productive manner.

Sorting out the situation began with a rich set of structured conversations with participants, which airs issues and gives K&W experts clues as to where and how to find common ground. This step also informed a re-structuring of the process, to produce a system that would effectively and steadily move toward agreement among all.

Services included facilitation and mediation of meetings and the negotiations among groups; design and execution of meeting agendas, and development of supporting materials; collection, coordination, and management of scientific and other data; keeping records of meetings and outcomes; stakeholder communications; and frameworks for issue resolution.

Results
At the conclusion of the process developed and managed by Kearns & West, the company and its stakeholders came to agreement on key factors concerning how the dams would be operated. With this agreement, Pacific Gas & Electric was able to secure a license to operate from the Federal Energy Regulatory Commission. And the company avoided an alternate, non-inclusive process for applying for a license, which would have made it vulnerable to opposition after the fact. The collaborative solution both ensured all stakeholders had substantial input, and ensured that the company had the support of stakeholders going forward—and eliminated the risk of legal or other challenges.

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