Legal Services for FERC Relicensing

Agency:	East Bay Municipal Utility District
State:	California
Type of Government:	State & Local
NAICS Category:	541110 - Offices of Lawyers
Posted Date:	Dec 14, 2023
Due Date:	Jan 31, 2024
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

Attachment Preview

REQUEST FOR PROPOSAL (RFP)

for Legal Services for FERC Relicensing of

EBMUD’s Lower Mokelumne River Project

(FERC License No. 2916).

CONTACT

Karen Donovan, Attorney

Office of General Counsel, EBMUD

(510) 287-0169

karen.donovan@ebmud.com

RESPONSE DUE

January 31, 2024

4:00 p.m.

SUBMIT ELECTRONICALLY TO

Alicia Rucobo

Office of General Counsel, EBMUD

alicia.rucobo@ebmud.com

SUBMIT BY MAIL TO

RESPONSE DELIVERED BY SERVICE (UPS,

FedEx, DHL, etc.) to:

Alicia Rucobo

EBMUD–Office of General Counsel

375 11th Street, MS 904

Oakland, CA 94607

RESPONSE DELIVERED BY MAIL (USPS)

to:

Alicia Rucobo

EBMUD–Office of General Counsel

375 11th Street, MS 904

Oakland, CA 94607

REQUEST FOR PROPOSALS FOR

LEGAL ASSISTANCE RELATED TO FERC RELICENSING

OF THE LOWER MOKELUMNE RIVER PROJECT

Contact:

Response Due:

Karen Donovan, Attorney – Office of General Counsel,

EBMUD

January 31, 2024

The East Bay Municipal Utility District (District or EBMUD) Office of General Counsel,

issues this Request for Proposals (RFP) for the provision of legal services to assist the

District in the relicensing of the Lower Mokelumne River Project (FERC License No. 2916)

(Project), pursuant to the processes described by Federal Energy Regulatory Commission

(FERC) in 18 CFR Part 5. Firms or Persons responding to this RFP are referenced herein as

Proposers.

I. INTRODUCTION

EBMUD is a public utility formed under the California Municipal Utility District Act in 1923

to provide water supply to municipalities in the East San Francisco Bay Area. The District

currently serves an area covering approximately 332 square miles in Alameda and Contra

Costa Counties, supplying water to approximately 1.4 million residents. On average,

approximately 90 percent of the District’s water supply comes from the Mokelumne River.

The District’s existing Lower Mokelumne River Project (P-2916) is a multipurpose system of

surface reservoirs and aqueducts owned and operated by the District. The Project is operated

for purposes of water supply, flood control, hydropower production, and recreation.

The facilities include Pardee Dam and Powerhouse (construction completed in 1929) and

Camanche Dam and Powerhouse (construction completed in 1964). Both are owned and

operated by the District, and the District owns the surrounding lands. FERC issued a

licensing order to the District for the Project on March 10, 1981, and the license will expire

on March 31, 2031.

In the early 1990s, FERC began a proceeding to determine whether modifications to the

facilities or operations of the Project were needed for the conservation of fish and wildlife

resources. The outcome of this was a Joint Settlement Agreement between the District, the

California Department of Fish and Wildlife, and the U.S. Fish and Wildlife Service that was

executed in 1998. The Joint Settlement Agreement, which was subsequently included as an

amendment in the Project license, committed the District to implement new instream flows

and to undertake certain non-flow measures to protect the fishery resources of the lower

Mokelumne River.

While the District currently plans to continue its existing operations with minimal changes as

part of the relicensing, it is likely that there may be operational changes to protect and

enhance fishery resources proposed as a result of other ongoing regulatory processes.

II. SCOPE OF WORK AND SERVICES REQUIRED

The District is requesting proposals for legal services to assist with the relicensing process

with FERC. It is expected that the duties may include the following:

i. General legal advice on the hydropower relicensing process and related issues.

ii. Advice regarding the appropriate means of communicating with FERC and other

agencies during the relicensing process.

iii. Advice regarding the most effective and appropriate ways to involve and interact

with key federal and state regulatory agencies, tribes, non- governmental

organizations and other stakeholders in the relicensing process.

iv. Review of draft notices and study plans prepared by the District prior to issuance

and review of submittals from participants in the licensing process.

v. Advice on compliance with the National Historic Preservation Act, especially

Section 106 and requirements for designation and protection of historic landmarks

and structures.

vi. Assistance with developing and conducting meetings with participants in the

licensing process and negotiating and drafting of Settlement Agreements.

vii. Review of license application materials and associated documents and assistance in

developing responses to comments on documents prepared and submitted during

the process.

viii. Assistance with the preparation of associated documents, including biological

assessments and environmental studies, and assistance with the license application

and drafting of license articles and any needed post-filing documents.

III. QUALIFICATIONS

The District is seeking outside legal counsel with the following qualifications:

i. Experience providing legal services to water suppliers or public utility clients as

part of a federal hydropower licensing or relicensing proceeding with FERC,

particularly in the Western U.S. Knowledge of past, present and future trends in

FERC hydropower relicensing is essential.

ii. Expert knowledge of and experience with the Federal Power Act, 16 USC §791a et

seq., and with FERC regulations governing hydropower relicensing.

iii. Experience working on tribal consultations and tribal issues, including issues

related to tribal beneficial uses and cultural practices, in the U.S., particularly in

California or other areas of the West.

iv. Experience consulting with federal and state resource agencies and regulators in the

context of hydropower relicensing and hydropower operations, as well as water

supply planning and water rights.

v. Experience with other regulatory processes that may impact the Project relicensing

process, including but not limited to the following:

− NEPA/CEQA

− Clean Water Act 401 Certification

− Endangered Species Act

− National Historic Preservation Act

− Fish and Wildlife Coordination Act

− Wild and Scenic Rivers Act

IV. PROPOSAL CONTENT

A. Experience and Qualifications

• The District will accept proposals from individual attorneys as well as from

law firms that possess the qualifications that we are seeking. The successful

proposer must have extensive knowledge and experience in the subject areas

listed in Section III and demonstrate that it has the capability and available

staffing to perform the expected duties described in Section II.

• Proposers should describe the qualifications and experience of the specific

individuals who will provide advice under this contract. The lead attorney(s)

for the contract should also be specifically identified.

• The proposal should also identify the attorney/firm's principal place of business

and identify the location from which the attorney/firm would provide the legal

services under this contract.

• Proposers should disclose any potential or actual conflicts of interest.

"Conflict of interest" shall have the meaning as described in the relevant

California laws and the California Rules of Professional Conduct.

• The proposal should include information on the firm’s processes, policies,

and/or procedures on handling confidential and sensitive information during

and after the term of the engagement.

B. Fees

The proposal should list the hourly rates of each attorney who will provide service under this

contract, and the hourly rates of any paralegals and/or any other personnel.

C. Diversity Statement and Programs

The District is committed to creating a diverse workplace that is representative of the

community that we serve. The Office of General Counsel is interested in partnering with

counsel who are committed to creating measurable leadership opportunities for women,

minorities, LGBTQ individuals and people with disabilities. Any firm providing services to

the Office of General Counsel must be in compliance with all laws prohibiting discrimination

in employment. There shall be no discrimination against any person, or group of persons, on

account of race, color, religion, creed, national origin, ancestry, gender, including gender

identity or expression, age, marital or domestic partnership status, mental disability, physical

disability, (including HIV or AIDS), medical condition (including genetic characteristics or

cancer), genetic information, or sexual orientation.

All contractors must abide by the requirements of 41 CFR §§ 60-1.4(a). 60-300.5(a) and 60-

741.5(a). These regulations prohibit discrimination against qualified individuals based on

their status as protected veterans or individuals with disabilities and prohibit discrimination

against all individuals based on their race, color, religion, sex, sexual orientation, gender

identity, or national origin in the performance of the contract. Moreover, these regulations

require that covered contractors and subcontractors take affirmative action to employ and

advance in employment individuals without regard to race, color, religion, sex, national

origin, protected veteran status, or disability.

All proposers shall fill out and submit with the proposal the appropriate forms.

The Contract Equity Program guidelines and forms can be downloaded from the District’s

website at the following link:

https://www.ebmud.com/business-center/contract-equity-program

If you have questions regarding the Contract Equity Program, please call (510) 287-0114.

Firms will be expected to take out and maintain during the life of the agreement all insurance

required (See template Agreement, Attachment A).

V. CRITERIA FOR REVIEW

All RFPs will be evaluated by a panel of attorneys and selection will be made in accordance

with the evaluation criteria set forth in this RFP. The District reserves the right to award to a

single or multiple firms and reserves the right to reject any and all proposals and decline to

Document	Type	Size
RFP Legal Services For FERC Relicensing	PDF

Legal Services for FERC Relicensing

Attachment Preview

Sign-up for a Free Trial, Government Bid Alerts

See Also

Mail/email:
EBMUD - Office of General Counsel ATTN: Alicia Rucobo RE: RFP for Legal Services for FERC Licensing 375 11th Street, MS 904 Oakland, CA 94607 alicia.rucobo@ebmud.com