Uses of Mediation (The Brayton Point Coal Conversion Case) (From Resolving Environmental Regulatory Disputes, P 122-155, 1983, Lawrence Susskind et al, eds. - See NCJ-101992)

• NCJ Number: 101995
• Author(s): H Burgess; D Smith
• Date Published: 1986
• Length: 34 pages
• Sale Source: Schenkman Publishing Co
• Language: English
• Country: United States of America

Annotation

The New England Power Company's (NEPC) dispute with Federal and State agencies over the terms of converting its Brayton Point facility (Somerset, Mass.) from oil to coal was resolved through mediation characterized by a trusted mediator and the identification of compatible objectives.

Abstract

The Environmental Protection Agency insisted on air quality standards and pollution controls that NEPC deemed prohibitively expensive. Mediation of the dispute produced an agreement based on a new regulation specific to Brayton Point. The regulation was time-limited and subject to extension after State review of the conversion impacts. The agreement satisfied the State's need for long-term control over emission limits and provided some security for NEPC's investment. Factors contributing to successful mediation were both parties' strong incentives to bargain, the identification of compatible objectives, and the efforts of a trusted mediator. Other advantages were friendships among disputants prior to the conflict, the easy identification and small number of interested parties, and the negotiating parties' capacity to speak for the organizations represented. 229 footnotes.