ALSC Defines Design Value Procedures

Originally published by: SBCAApril 30, 2012

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On April 27, 2012, ALSC issued a memorandum (which can be viewed by clicking the pdf link below) containing a summary of a legal analysis of its procedures regarding evaluation of design values and other related matters.  Below are key excerpts from this memo:

“ALSC believes that certain core principles should control consideration of design value changes, whether they are reduced to writing or are recognized in practice. First, design values are critical to the appropriate design of structures and therefore safety is a primary consideration. Second, the process must provide interested parties a reasonable opportunity to comment. Third the procedures should provide appropriate flexibility so that the Board of Review can address different types of proposals with care, but also with alacrity when conditions require. For instance, proposed design values for new species/geographic sources involving a protracted process could be viewed as undue market foreclosure.”

The conclusion after the legal analysis that ASLC undertook is that, “the Board of Review’s procedures, whether written or by practice, have afforded common law due process to affected parties, including notice (and in some cases longer notice than found in APA rule-making), the opportunity to submit comments, a hearing where questions and verbal presentations are permitted, and the representation by counsel, if desired. Changes, if any, should be viewed as clarifications and steps to improve the efficiency of the Board’s deliberations.”

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