HomeMy WebLinkAboutOrder Granting Extension of Temporary Variance of Minimum Flow Requirements under article 39 - Federal Energy Regulatory Commissioni 4 7 M'ERC W 6Z 0 J4 6
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas and Electric Company Project No. 803 -103
ORDER GRANTING EXTENSION OF TEMPORARY VARIANCE OF MINIMUM
FLOW REQUIREMENTS UNDER ARTICLE 39
(Issued April 7, 2014)
I. On March 4, 2014, Pacific Gas and Electric Company (licensee) filed a request
with the Federal Energy Regulatory Commission (Commission) for a temporary variance
of the minimum flow requirements under Article 39 of the project license for the
DeSabla- Centerville Project No. 803. The project is located on Butte Creek and the West
Branch Feather River in Butte County, California.
2. License Article 39' requires that the licensee maintain minimum streamflows at
various project locations. In particular, the licensee is required to maintain year -round
instantaneous minimum flows of 2 cubic feet per second (cfs) from Philbrook Reservoir,
except when inflow is less than 0.1 cfs, at which time a minimum flow of 0.1 cfs should
be discharged.
3. The licensee requests Commission approval for a temporary variance of the
minimum flow requirements of Article 39 of the project license. The licensee proposes
to reduce the minimum flow released from Philbrook Reservoir to 0.8 cfs (with an
additional 0.2 cfs flow buffer), thereby conserving water in the reservoir to ensure the
availability of cold water storage for spring -run Chinook salmon during the fish holding
period in the summer. The licensee explains that current drought conditions have
resulted in depressed storage levels in Philbrook Reservoir and that spring -run Chinook
salmon have already entered Butte Creek. The licensee requests the above variance until
June 1, 2014, or until conditions improve, as determined by the licensee and resource
agencies at monthly meetings.
4. On March 7, 2014, we issued a public notice to solicit any comments or
interventions regarding the temporary flow variance. On March 7, 2014, we also granted
the licensee's request for a limited period, until April 7, 2014, in order to immediately
'See 26 FERC ¶ 62,236. Order Amending Revised Exhibit S (issued March 15,
1984).
Project No. 803 -103
begin conserving water during the current severe drought conditions.2 The limited
variance order also allowed adequate time for public comments and subsequent action on
the licensee's request.
5. The licensee developed its proposal in consultation with the California State Water
Resources Control Board (State Water Board), National Marine Fisheries Service
(NMFS), U.S Forest Service, U.S Fish and Wildlife Service (FWS), and California
Department of Fish and Wildlife. During a February 26, 2014 meeting, the above
resource agencies agreed to the flow variance through June 1, 2014, or until conditions
improve, as determined by the resource agencies at its monthly Resource Group
meetings. In addition, on March 6, 2014, the FWS filed a letter in support of the
licensee's proposal. By email dated March 6, 2014, NMFS also concurred with the
licensee's proposal. Finajly, the State Water Board issued a March 6, 2014 letter,
concurring with the licensee's request. We did not receive any public comments or
requests for intervention in response to our March 7, 2014 public notice.
6. Since the March 7, 2014 order, drought conditions continue to persist in
California, with the project area experiencing extreme drought conditions.3 Our review
of the licensee's request and agency consultation indicates that extending the variance is
the best course of action for conserving cold water resources at the project. Therefore,
the licensee's request should be approved through June 1, 2014. In order to keep the
Commission apprised of the continued need for the temporary variance, the licensee
should be required to file a monthly report on its consultation with the Resource Group
on the continued need for the temporary variance. Each report should also include status
of inflows to Philbrook Reservoir, actual minimum flows provided, and the licensee's
estimate of when the temporary variance will no longer be needed, if applicable. These
reports should be filed with the Commission within 14 days of each Resource Group
meeting, for the duration of the temporary variance.
7. The licensee is also reminded that any request to continue this temporary variance,
without any interruption in the temporary requirements, should be developed in
consultation with the resource agencies and filed with the Commission, with as much
time as practical, in advance of the expiration date. Further, any subsequent temporary
variance requests should include a proposed date, specifying when the project would
return to its license requirements and /or a description of a process to regularly consult
2 See 146 FERC ¶ 62,171. Order Granting Temporary Variance of Minimum
Flow Requirements under Article 39.
3 Source: March 25, 2014 U.S. Drought Monitor:
http: / /droughtinonitor.unl.edu/ Home /StateDroughtMonitor.aspx ?CA (accessed April 2,
2014).
Project No. 803 -103 3
with the resource agencies to evaluate the conditions in order to determine the continued
need or modification of the temporary variance. The licensee is also reminded that it
should continue to be vigilant of any adverse effects to aquatic resources during the
temporary variance and to alert the resource agencies and the Commission of any adverse
impacts observed or reported to the licensee. Finally, we should reserve our authority to
modify the current, or any future temporary variance based on information received, or as
updated conditions may warrant.
The Director orders:
(A) Pacific Gas and Electric Company's (licensee) request, filed March 4, 2014,
for a temporary variance of the minimum flow requirements of license Article 39, due to
severe drought conditions at the DeSabla- Centerville Project No. 803, as modified in
paragraphs (B) and (C), is approved through June 1, 2014.
(B) The licensee shall file a monthly report with the Commission that provides
a summary of its monthly consultation meeting with the Resource Group on the
continued need for a temporary variance. The report shall include the status of inflows to
Philbrook Reservoir, actual minimum, flows provided, and the licensee's estimate of
when the temporary variance will no longer be needed, if applicable. The monthly report
shall be filed within 14 days of each monthly meeting with the Resource Group.
(C) The Federal Energy Regulatory Commission (Commission) reserves its
authority to modify this order based on any new information received and as conditions
may warrant.
(D) This order constitutes final agency action. Any party may file a request for
rehearing of this order within 30 days from the date of its issuance, as provided in section
313(a) of the Federal Power Act, 16 U.S.C. § 8251(2012), and the Commission's
regulations at 18 C.F.R. § 385.713 (2013). The filing of a request for rehearing does not
operate as a stay of the effective date of this order, or of any other date specified in this
order. The licensee's failure to file a request for rehearing shall constitute acceptance of
this order.
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Thomas JI.,vullo
Chief, Aquatic Resources Branch
Division of Hydropower Administration
and Compliance
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