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HomeMy WebLinkAboutFERC - Motion to Intervene and Comments of the State Water Contractors - Project No. 2100-187 BUTTE couwy ADMINISTRATION AUG 0 G 2018 UNITED STATES OF AMERICA OROVlLLE,CALIFORNIA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION California Department of Water Resources— } Oroville Facilities ) Project No. 2100.187 MOTION TO INTERVENE AND COMMENTS OF THE STATE WATER CONTRACTORS Pursuant to Rules 212, 214, and 602(f) of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission ("FERC" or"Commission"), 18 C.F.R. § 385.212, § 385.214, and § 385.602(f) (2018), the State Water Contractors' move to intervene in the above- referenced proceeding and to provide their initial comments supporting California Department of Water Resources' ("DWR')proposal to temporarily re-designate certain trails within the boundaries of Project P-2100. To support this filing,the SWC submit the following: ' The State Water Contractors ("SWC") is the umbrella organization for 27 of the 29 public agencies in California that are water supply customers of the California Department of Water Resources,the Licensee herein. The members of the SWC are: Alameda County Flood Control And Water Conservation District, Zone 7; Alameda County Water District; Antelope Valley-East Kern Water Agency; Castaic Lake Water Agency; Central Coast Water Authority; Coachella Valley Water District; County Of Kings; Crestline-Lake Arrowhead Water Agency; Desert Water Agency; Dudley Ridge Water District; Empire West Side Irrigation District; Littlerock Creek Irrigation District; Oak Flat Water District; Palmdale Water District; San Bernardino Valley Municipal Water District; San Gabriel Valley Metropolitan Water District; San Gorgonio Pass Water Agency; Santa Clara Valley Water District; Solano County Water Agency; and Tulare Lake Basin Water Supply District. -1- I. COMMUNICATIONS Any communications with respect to this pleading should be directed to: Thomas M. Berliner Duane Morris LLP One Market Plaza, Spear Tower, Suite 2200 San Francisco, CA 94105 TMBerliner@duanemorris.com 415-957-3333 Stefanie Morris Best Best and Krieger 500 Capitol Mall, Suite 1700 Sacramento, CA 95814 Stefanie.Morris@bbklaw.com 916-551-2828 II. BACKGROUND On March 24, 2006, DWR filed a Settlement Agreement("SA") with the Federal Energy Regulatory Commission("Commission" or"FERC"). The SA includes a Recreation Management Plan("RMP"), filed on March 28, 2006,which designates limited use and multi- use trails in the project area(bicycles/hiking, pedestrian, equestrian/hiking, and multi-use; see RMP Table 6.5-1 at Pg. 6-34). Due to the flooding that occurred in 2017 and the ensuing failure of project facilities, a number of trails became inaccessible. On July 5, 2018,DWR filed its "Request for Recreation Plan Amendment to Temporarily Re-Designate Select Trails to Multi- Use" ("Request") that was noticed by the Commission on July 10, 2018 for comment,motions to intervene and protests (FERC Project No. 2100-187). The Request sets forth the background of the need to temporarily redesignate certain trails. That background is incorporated herein for convenience. -2- III. INTEREST OF SWC 1. The SWC is a not for profit mutual benefit corporation consisting of the above referenced public agencies. These public agencies provide water for drinking, commercial, industrial, and/or agricultural purposes to millions of Californians and to hundreds of thousands of acres of farmland in the San Francisco Bay Area, the Central Valley of California, and Southern California. The members of the SWC rely on the SWC to further the common interests of the members regarding the protection of its water supply, energy, environmental, and other interests. To that end, the SWC has intervened in the Oroville relicensing proceeding, participated actively in all the Alternative Licensing Process phases and the SWC and its members are signatory to the SA. 2, Lake Oroville is located on the Feather River, and it is the situs for a hydroelectric project("Oroville Project" or "Project"), for which DWR filed the SA and for which the Commission prepared an Environmental Impact Statement("EIS"). 3. Labe Oroville is the largest water supply reservoir that serves water to the SWC members. Impacts to the water or energy available from the Project, and the vast majority of the costs of the Project will impact the SWC members. Further,the SWC and its members have a substantial interest in maintaining relationships with Iocal interests in the Lake Oroville area. To that end, the SWC attends the meetings of the Oroville Recreation Advisory Committee ("ORAC") and other pertinent local meetings regarding the Project and stakeholder interests related to the Project. Accordingly,the SWC has a direct and substantial interest in the outcome of any and all matters associated with the Project. -3- IV. COMMENTS IN SUPPORT OF DWR's REQUEST The SWC recognizes that the current situation with certain trails being temporarily rendered inaccessible poses unexpected conditions for local interests, including horseback riders, bicyclists and hikers. However, the SWC also recognizes that DWR is attempting to make the best of this difficult situation. The proposal to designate various trails multi-use is consistent with the Recreation Management Plan,which, as part of the SA, was approved by a variety of interests, including Lake Oroville Bicycling Association, California State Horsemen's Association and the California State Horsemen's Association, Region II. Hence, the request by DWR is not without precedent, Further, the Commission staff considered the designation of various trails as multi-use in the EIS and recognized that increased demand will likely require that some limited use trails become multi-use trails, (See EIS, Sec. 5.1.2.5, p. 381, et sect.) Under the current circumstances temporarily designating a limited number of trails as multi-use, with the several safeguards that DWR has outlined in its Request, is appropriate. The SWC supports DWR's request, and respectfully requests the Commission adopt the proposed Request without material modification. The SWC further respectfully requests that the Commission reject any proposed changes to the terms and conditions of the Request or otherwise impose any additional burdens on DWR. V. CONCLUSION WHEREFORE, based on the foregoing,the SWC submit they have a direct and substantial interest in the outcome of this proceeding, and that their participation is in the public -4- interest. The SWC respectfully requests leave to intervene in this proceeding with the full rights of parties, and respectfully requests that the Commission accept the foregoing comments. Respectfully submitted, /s/Thomas M Berliner Thomas M. Berliner DUANE MORRIS LLP One Market Plaza, Spear Tower, Suite 2200 San Francisco, CA 94145 (415) 957-3333 ATTORNEYS FOR THE STATE WATER CONTRACTORS August 3, 2018 -5- CERTIFICATE OF SERVICE I hereby certify that the foregoing instrument is being served upon each person designated on the official service list compiled by the Secretary in these proceedings. Dated at San Francisco, California, this 3rd day of August, 2018. /s/Thomas M. Berliner Thomas M. Berliner -6-