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Some of the most common work in the US will be impacted by uncertainty related to NP 12.
Some of the most common work in the US will be impacted by uncertainty related to NP 12.

On April 15, a federal court in Montana ordered the US Army Corps of Engineers to stop using Nationwide Permit 12 – Utility Line Activities. Nationwide Permit 12 is one of the most commonly used general permits used to construct, maintain, repair, or remove water and sewer lines and for related work such as pump stations and access roads.


The most obvious solution is to determine whether your project can utilize a different Nationwide Permit other than NWP 12 – which is likely in many cases. The worst-case alternative is to develop and individual permit (IP), which will cost 9 to 12 months to your schedule. However, the timeline is less certain if the US Army Corps of Engineers (USACE) is suddenly inundated with individual permits.


The Montana court order relates specifically to the use of Nationwide Permit 12 and a section of the Keystone Pipeline. In the order, the court stated “Programmatic consultation proves appropriate when an agency’s proposed action provides a framework for future proposed actions. 50 C.F.R. § 402.02. Federal actions subject to programmatic consultation include federal agency programs. See 80 Fed. Reg. 26832, 26835 (May 11, 2015); 50 C.F.R. 402.02. A federal agency may develop those programs at the national scale. Id. The Services specifically have listed the Corps’ nationwide permit program as an example of the type of federal program that provides a national-scale framework and that would be subject to programmatic consultation. See 80 Fed. Reg. at 26835. Programmatic consultation considers the effect of an agency’s proposed activity as a whole.” The court found that the U.S. Army Corps of Engineers acted arbitrarily and capriciously in issuing the permit.


The implications of the Montana court order are unclear. “The Corps noted that activities authorized by past versions of NWP 12“ have resulted in direct and indirect impacts to wetlands, streams, and other aquatic resources.” The Corps itself has stated that discharges authorized by NWP 12 “will result in a minor incremental contribution to the cumulative effects to wetlands, streams, and other aquatic resources in the United States.”


So, the issue here can probably best be summed up as ‘how minor is minor?' Do not look for much guidance soon from either the USACE or the courts (although petitions have been filed). Until then, the impact on schedule and budget related to routine construction, maintenance, and repair of water and sewer lines has become much more uncertain.


 

JD Solomon Inc. provides solutions for program development, asset management, and facilitation at the nexus of facilities, infrastructure, and the environment. Subscribe for monthly updates related to our firm.


"Commercial Airplanes Are Reliable” is US Coast Guard Electricians Mate Second Class Paul Frantz’s artistic interpretation of the outcome of reliability and risk assessments. American commercial aviation is by huge margins the safest way to travel. Continually addressing reliability and risk is the reason. It is also the solution in all industry sectors.

This month’s Ask the Experts is a one-on-one lightning round with Alison Adams. Dr. Adams has worked in Florida on large-scale facilities and natural resources projects for over 30 years. As the long-time Chief Technical Officer for Tampa Bay Water (TBW), she was instrumental in evaluating reliability and risk for major capital improvement and asset management programs that re-defined how the greater Tampa Bay region met growth and regulatory challenges. Alison has directed research into climate variability and is seen as a national leader in its potential effects on facilities and infrastructure.

We were pleased to have Paul Crocker moderate the conversation. Paul leads the maintenance and reliability services for the drinking water facilities at the Kansas City Board of Public Utilities (BPU), a 100-year-old utility that provides safe, dependable water and electric services in Kansas City, Kansas. Paul is seen as a national thought leader in his field of practice; his practitioner credentials include Certified Reliability Leader (CRL), Certified Maintenance and Reliability Professional (CMRP), KDHE Class IV Water Operator, and ABC Class III Plant Maintenance Technologist.

Do the terms “reliability” and “risk” mean different things to different people?


AA: Yes. We need to look at all aspects of each before we use the terms interchangeably.

JD: Yes. And people tend to invoke either term to justify when they want to do something. Or sometimes when they do not want to do something.

AA: A lot of times an organization will use the term reliability too broadly and out of context. They use it as a justification to do a lot of things that have nothing to do with reliability.

JD: Getting the definitions established up front is important in every reliability and risk assessment.

What aspects need to be considered when doing an assessment for an existing facility or system?

JD: Understand the original basis of design, understand the current conditions, and understand the future conditions.

AA: I would add to that “understanding what your system is”.

JD: We usually have many engineers, contractors, and administrations who have done things differently. It takes work to understand the true reliability statement of an existing facility.

AA: Understanding what you know and don’t know. Hopefully you have a good understanding of your system. It’s important though to understand what you don’t know and be willing to look into those unknowns.

JD: I love the part of knowing what you don’t know and be willing to address that. Oftentimes we migrate to only what we know, and that is a form of bias. It takes work to understand what you don’t know.

Do you think the culture of the organization is important when you do reliability and risk assessments?

AA: Yes. It’s not about just the equipment. It’s about the people as well. It is critical to success to have participation

JD: Organization culture is important because it take a willingness to do the work

AA: The culture of the organization is critical.

JD: We can’t build a system that you can’t operate

What aspects are most frequently overlooked or undervalued?

AA: The staff. The assessment process should include the staff as well as equipment and physical assets.

JD: We often tend to drill down on the equipment and overlook the human aspects.

AA: Training, education, experience, standard operating procedures should all be considered in the assessment. We often tend to undervalue humans in the evaluation.

JD: I have changed over the past decade to include the human factors and human error aspects – a lot of that does come down to the standard operating procedures. In the beginning, I focused mostly on the equipment. Most of our reliability and risk issues are not solely equipment related. The approach has to integrate both the equipment and human elements to be successful.

AA: It is important to understand that it goes beyond just the reliability and risk assessment aspects. Many organizations are struggling with succession planning aspects. The documentation is poor, and the younger generation does not want to spend 10 to 15 years learning the job from the ground up. You need to have the documentation in place so they can learn the job in a few years and move on.

Who should be included in the assessment?

JD: Cross-functional team. Engineering, operations, maintenance, health and safety, finance, and probably some input from human resources.

AA: I have one word - everyone.

JD: Operators and maintenance professionals under how the system really works and how well it can perform. I am an engineer too, but freely admit that engineers often get optimistic with what we can do with a system on paper. Operations and maintenance best understand system capabilities.

AA: Risk and Reliability involve everyone in the organization.

Who should lead the assessment – engineering, operations, a consultant, some other entity?

AA: I feel very strongly that the efforts needs an internal organization champion. But that person cannot do it with only internal resources. You really need the outside help, especially to avoid the internal groupthink. You also don’t have all the knowledge and experience you need inside most organizations.

JD: Engineering needs to lead the process, despite what I just said. Engineers are usually the best at the technical analysis and forecasting, and normally lead the master planning. I agree with Alison too that it needs to be a “big picture” perspective, and not just a single discipline perspective. I really think it needs to be someone with formal reliability or risk management training.

AA: Yes, it needs someone with a larger perspective. Someone who has some training, experience, knowledge or love of system-type approaches for problem solving. They are looking at risk and reliability across an organization.

JD: You also mentioned consultants, and I think everything that was said about the outside view, the additional experience, and even the ability to provide some benchmarking against others is important. I often see organization rely too much on the consultants.

Are the leaders of the reliability and risk assessment effort also the facilitators?

AA: The facilitator is a unique person and not usually the leader, it is often difficult for the inside person to be neutral and objective.

JD: It is an important role to use a consultant. It is much easier for the consultant to bring the neutral perspective

AA: It is often a good role for an outside consultant

JD: It need to be someone who needs to know what they are talking about to do this type of facilitation. The facilitator does not necessarily need to be a subject matter expert, but it can’t be some general facilitator from the local community college either.

AA: That is exactly right. The facilitator needs to understand the basic concepts and what people in the room are saying. The need to be able to throw the ‘BS flag’ on the floor if needed. Otherwise, you are wasting everyone’s time. The assessment will not be effective.

How important is framing the problem and establishing system boundaries?

JD: Very important. Two kinds – geographic boundaries, like fence lines, and operational boundaries, like adding chemical at a reservoir to assist in final treatment at a water plant.

AA: I totally agree, I will add that the organization does not need to get overwhelmed with too large of a problem frame. That will create paralysis.

JD: I agree with that, too. Sometimes you find that there is actually more than one issue when you establish system boundaries and frame the problem. A number of times I have worked with a group to turn one assessment into two or three assessments ones so that the group does not get overwhelmed.

AA: When you do that you also can get some quick wins that build confidence and understanding. It helps the group to build momentum for the larger reliability and risk issues.

Should impacts to future operating conditions, such as climate change, changing regulations, and changing customer expectations be considered?

AA: Yes, You should. I will caveat that by saying that fundamentally you need to first understand how your system works today. Then you can move to future conditions.

JD: Changing future inputs needs to be included and modeled.

AA: To do the capital planning and asset management you must be able to look at 20, 30, or 40 years and the things that will impact your system. Do you need different types of electrical systems, are your inputs changing, do you need more flexibility, do you need different types of data and data collection?

JD: The things that trick people is changing human things like regulations. Many of those will get delayed as you get closer. Many of the physical aspects, while variable, are more predictable.

AA: You really need to think about things in terms of flexibility. Things like what parts of my system can be designed and constructed in a way to be more easily change out.

Anticipating different future operating conditions is tricky. What are some approaches or tools that you have used to do this?

JD: Two ‘softer’ ones are structured brainstorming and scenario planning. I usually start assessment with structured brainstorming and then, as we start moving to consensus, pull back and add some scenario planning to ground truth that we are being broad enough. In some cases, I start with scenario planning and then use the brainstorming as a ground-truthing exercise.

AA: I feel strongly that everyone needs a process model of their system. It should include all of the inputs, outputs, and interfaces. It takes time and effort, but you need to fundamentally understand how the existing system works.

JD: I agree. Quantitatively I use Monte Carlo analysis to better understand the range of future uncertainty.

AA: Agree. And once you have your process models built, it is relatively easy to run tens of thousands or hundreds of thousands of different iterations with Monte Carlo.

AA: I also like digital twins as an emerging tool in many industries. It is a good way for operators to test, understand how the system is vulnerable to breaking.

What is the best single tip that you would give someone who intends to perform a reliability and risk assessment for their existing facility(s)?

AA: Leadership by top management.

JD: Mine is to have the big picture leader – the ‘systems-type thinker’ - involved, preferably with formal reliability and risk training.

AA: The next most important is total engagement across the organization.

JD: That would be my second one too. Cross-functional engagement across the organization.

Paul’s Pointers

1. You can get 15 or 20 different definitions of reliability and risk in just about any large group you are in.

2. You could make an airplane out of the best materials and equipment, including adding multiple layers of redundancy, but it may not get off the ground. You must assess and align your system with right level of reliability and risk for the context and the people.

3. We had an old plant and a long-time staff when I joined. We built a new plant with high automation. What got missed, and what we have had to do, is to develop the procedures for the new generation to learn.

4. Digital twins are a powerful tool for operators to understand the reliability and risk associated with their systems. It is also a powerful training tool.

5. In medium and small organizations, it is both difficult and important to create the reliability, risk and asset management roles.


"The Cow and the Calf" is US Coast Guard Electricians Mate Second Class Paul Frantz artistic interpretation of facilitation based on an observation from this month's moderator, Charles Wingard. This visual reminds us of the good that often comes from any well-facilitated session.



This month’s Ask the Experts is a one-on-one lightning round with Jeff Lineberger. Jeff has served as both a facilitator and a participant on many large, controversial projects involving natural resources, investor-owned utility relicensing, and regional collaboration. Over the course of his long and successful career, Jeff has worked with a variety of paid and unpaid facilitators on projects that have ranged from single sessions to multiple sessions over multiple years.


We were pleased to have Charles Wingard moderate the conversation. Charles is a leader and partner of a large, family-owned agriculture corporation with major farms in four states and contract suppliers in several others. Charles is a “go to” policy leader in his home state of South Carolina and spends a fair portion of his time in Washington, DC collaborating on agricultural issues.


- J.D.

 

What does facilitation mean to you?


JL: Facilitation is helping other people advance a relationship.

JD: Bringing a group of people to a common direction

JL: Facilitation involves listening very well and helping other people get to where they need to go. It involves helping people find their own solutions, without telling them how to do it.

JD: Yes, it’s bringing the group together to collaboratively resolve their issues.



Can anyone be a good facilitator? A great one?


JD: You can learn to be a good facilitator. I don’t think everyone can be a great one.

JL: I agree. There are a lot of great training opportunities to teach people to be good facilitators. But I think the best of the best facilitators have certain abilities that are hard to teach.

JD: Empathy is a key one. Great facilitators have a natural ability to understand where their participants are and where they are coming from.

JL: The best of the best were born with that skill. They have outstanding natural abilities to size up people and understand where they are coming from. They can listen but they can also understand what is not said. Putting yourself in the other person’s shoes is something that is born into great facilitators.



Should a facilitator spend time with participants before the session?


JL: Yes, they should. And they need to be open and honest about it as part of the approach.

JD: Agree. The pre-session work helps for the meetings to be more efficient. It also helps the meeting be more effective by providing the facilitator with some of the potentially sensitive issues.

JL: Facilitators may be told some things in confidence and they need to respect that confidence. But you also must share some of the non-confidential information in ways that maintains the group’s trust. But it’s all part of understanding where participants are and building trust.

JD: People open up when they trust you. The trust and rapport that you build is essential. The pre-session interactions are important.


Do you prefer to walk in “cold” as the facilitator so that you do not have bias, or do you prefer to understand the subject matter before you facilitate the session?


JD: I like to do my homework. You are not expected to be an SME. I do like facilitators to know enough not to waste the participants’ time.

JL: I agree with JD. You need to have a good idea of the material subject matter. You are not expected to be an SME, but you do need to recognize the very high value of the collective time investment. The facilitator really needs to do one thing – prevent participants from feeling like in the end that they have wasted their time.

JD: I really like that.

JL: If the facilitators are not prepared and do not understand the interests of the participants, then the process is likely to be less efficient and will have a greater chance of wasting everyone’s time.


What are a couple of your favorite tools or techniques for getting a group to common understanding?


JL: Pre-session training is one. I have been a part of interest-based negotiation training, which may sound odd, but it really gets people to a better foundation up-front. Humans are naturally more inclined to be positional bargainers where you are trying to get “what” you want by getting everyone to your position. Interest-based negotiation really looks deeper into “why” people want what they want. Pre-session training in areas like interest-based negotiation really helps get to a successful conclusion.

JD: The training piece hits home with me. I do both “non-technical” facilitation like strategic plans and more “technical” facilitation like failure modes and effects analysis (FMEA) and root cause analysis. With the more technical facilitation, it is usually important to do some up-front training in the process you are using and how you intend to bring the group to the end product. Without a common foundation, subject matter experts tend to spend time being suspicious of where you are trying to lead them, which can hurt the end product or cause the process to be inefficient.

JL: My second technique is to set a deadline. Many people want more information and never can get enough. Deadlines drive people to make decisions with the information they have.

JD: A second technique for me is using normative processes where everyone can speak and feel that they have been heard. I use everything from simple notecards that we compile on a dry board to electronic audience response systems. Everyone needs to feel like their ideas and positions are heard, and it is a key job of the facilitator to make sure that happens.



What approaches do you use as most effective for handling troublesome participants?


JD: The pre-session interactions that we discussed earlier is my first one. Having a good idea of participants’ interests and building rapport up-front really lowers the odds of having troublesome behavior. Back down from making too much of an emotional scene.

JL: I agree with JD on that one and would add that it’s important to use that knowledge to ideally separate the people from the problem. If someone is really emotional, then it is really easy for others to get emotional and personal. Then you have a big argument.

JD: Another technique I like to use is to find the other experienced facilitators in the room. I am always amazed in any group I facilitate that there are usually participants who are also trained in facilitation. If I make those connections up-front and can use those people to help me control the room, then that is what I will do. It is subtle, but the instincts of trained facilitators will kick in if things start to get a little sideways. You need to be intentional in using this technique before you encounter an issue in a session.

JL: It is also imperative for the facilitator not to get mad. And that is a hard thing to do. The facilitator must remember that they are working “for” the process, regardless of who may be paying them or who they like or dislike. The best facilitators set up ways to avoid getting mad or wrapped up in the emotion. Sometimes everyone just needs a time-out. The best facilitators don’t get trapped by a troublesome participant.



What is the most overlooked or underappreciated aspect of facilitation?


JL: Listening skills. It is not verbal skills. Listen and understand. One of the most important needs of participants is to have their opinions heard, understood and respected.

JD: Listening is big. The structure in how you ask questions or get clarification is important. Tough questions or comments. We all learn some of this in training, but I am not sure it is fully appreciated. There is a natural ability in some facilitators to be able to ask questions and not get people mad at what people think they may be asking.

JL: Pay attention to who is not talking. Great facilitators recognize this and understand everyone is there for a reason.

JD: I agree. Listening to what is not said is usually more important than what is said.



What has surprised you most over the years, either as a facilitator or as part of a facilitated group?


JD: A good surprise is the power of the charter. It really helps to get the problem framed, and the ground rules established. I am constantly surprised with how important and helpful it is when you get to the end and have sticking points with getting a good result, especially when the facilitation involves multiple sessions.

JL: My good surprise is the willingness to invest time in long stakeholder processes. The ones that are getting paid to be there have many other priorities and responsibilities and regular participation is not always high on the list. There many non-paid participants who freely give their time. I am constantly surprised and appreciative of the time that dedicated people give to finding good solutions.

JD: My bad one is dishonest brokers. It doesn’t happen all the time, but I continue to be surprised when it happens. You spend the time with people, and you think you have rapport and trust. Then in the end you find out that they really were not there to find a successful result. It is expected from time to time, but I am still surprised when it happens.

JL: Two bad ones to share and one similar to JD. There are some people who will engage but they are really not there to reach agreement---they are there to sow confusion. I am better now at spotting them early and not letting them tank the process, but I am always a little surprised and disappointed.

JL: Another one relates to long processes. Oftentimes when you get to implementation you do not have all the same people who were involved in the beginning. You really need to continue spending time with participating organizations after the decisions are made for constant education in order to make sure you fulfill what was agreed upon in the facilitated process.



 


Wingard’s Warnings


  1. Facilitation is like helping birth a calf. You need to know where to stand - close but not too close. You are probably going to get kicked anyway. You may even get some “dirt” on you. But usually in the end something good is produced. Your role as a facilitator is to help make that happen.

  2. The picture frame activity that JD used with the SC Water Plan was highly effective for getting a very diverse group on the same page. It is important to get everyone of the same page in the beginning of the process.

  3. We often appreciate the end product, the great dialogue we have, and the great communication with people from different perspectives. We usually do not fully appreciate the important role of a great facilitator in making it all happen.

  4. As a committee chairman, I use many of the same techniques to get groups to consensus.

  5. Many of the same techniques can be used every day, whether at home, in business, at church, or in other social activities.


Experts
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