HomeMy WebLinkAboutFederal Energy Regulatory Commission correspondence :E sO m m
c
mm,
o
-4r
a
s »tm
0X
aM
n�
LD
m
yr
ra
z
dTt
A
apt
$�f
F6 0 � WC17
00 �
"a >
;• a c m
0Z 0 Q
() m' 0
(D C/) C
C: Z
(o Cd -0
CO
� M0
Cl) cc
ue
� y d
CD
C? i
co
i
158 FERC 9162,156
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas and Electric Company Project No. 803-087
ORDER DISALLOWING WITHDRAWAL AND SOLICITING STATEMENTS OF
INTEREST IN PROJECT
(March 2,2017)
1. On February 16,2017,'Pacific Gas and Electric Company(PG&E)submitted
notice that it was withdrawing its October 2,2007 application for a new license for its
25.8-megawatt DeSabla-Centerville Hydroelectric Project No.803. Pursuant to section
385.216 of the Commission's regulations,PG&E's withdrawal of its relicense application
is disallowed,without prejudice.'
2. The DeSabla-Centerville Project is located in northern California in the Butte
Creek and West Branch Feather River drainage basins. The project consists of three
developments(Toadtown,DeSabla,and Centerville)and includes two storage reservoirs
in the upper West Branch Feather River watershed(Round Valley and Philbrook
reservoirs),
3. On October 4,2004,PG&E filed notice of its intent to file an application fora new
license for the project. PG&E filed its application on October 2,2007. On July 24,2009,
Commission staff issued a final environmental assessment on the application. The
'The Commission's Rules of Practice and Procedure provide that"any document
received after regular business hours is considered filed on the next regular business
day." 18 CFR§385.2001(a)(2)(2016). The Commission's business hours are"each
day,except Saturdays,Sundays,and Holidays,from 8:30 a.m.to 5:00 p.m." 18 C.F.R.§
375.101(c). Because PG&E filed its notice of withdrawal after 5:00 p.m.Eastern
Standard Time on February 15,2017,the notice of withdrawal is considered filed on
Thursday,February 16,2017.
'Rule 216(b)states that the withdrawal of any pleading is effective at the end of
15 days from the date of the filing of a notice of withdrawal,if no motion in opposition is
filed and the decisional authority does not issue an order disallowing the withdrawal
within that period. 18 CFR§385.216(b).
Project No.803-087 -2-
California
2-California State Water Resources Control Board issued water quality certification for the
project on April 8,2015.3
4. PG&E has operated the project under an annual license since October 11,2009,
when the project license expired. The Commission has not been able to act on PG&E's
license application because the National Marine Fisheries Service has not issued the
biological opinion which will complete consultation under the Endangered Species Act.
5. PG&E's notice of withdrawal states that it would be contrary to the interests of its
ratepayers to continue to operate the project due to declining power values and the
anticipated cost of project operation associated with new license conditions. PG&E
acknowledges that if the Commission does not issue a license to another entity,PG&E
will file an application to surrender its current license.
6. PG&E has actively pursued relicensing,including studies and consultation,for
over 13 years. Given the significant effort in both time and expense made by the
company,federal and state agencies,and other stakeholders toward relicensing the
project,it would not be consistent with the public interest to allow withdrawal of the
license application,thereby leaving the project's status wholly uncertain,without first
seeking to determine whether there is interest by any potential licensee in acquiring the
project,whether through license transfer,filing of a new license application,or any other
means. Accordingly,PG&E's motion to withdraw its application is disallowed,in order
to give notice to the public of the opportunity to express interest in acquiring the project.
This action is without prejudice to PG&E refiling the motion,should it so elect,after the
conclusion of the notice period.
7. By this notice,Commission staff is soliciting statements of interest from entities
who wish to acquire the 17eSabla-Centerville Project. All statements of interest must be
submitted to the Commission within 60 days of the issuance of this order. In determining
the appropriate action to take,the Commission will consider all statements of interest and
comments filed in response to this notice. Any statement of interest should indicate the
extent to which the tiler has discussed its interest with PG&E.
On May 8,2015,PG&E filed a petition for reconsideration of its water quality
certification. On September 27,2016,the California State Water Resources Control
Board,finding that portions of the petition for reconsideration had merit,modified the
certification.
Project No.803-087 -3-
The
3-The Director orders:
(A) Pacific Gas and Electric Company's Notice of Withdrawal of its Application
for a new license is disallowed.
(B) Statements of interest for acquisition of the DeSabla-Centervilie Project license
must be filed within 60 days of the issuance of this notice.
Terry L.Turpin
Director
Office of Energy Projects