HomeMy WebLinkAboutOrder Granting Temporary Variance of Minimum Flow Requirements Under Article 39 - PG&E146 FERCII 62,17 1
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas and Electric Company
Project No. 803 -103
ORDER GRANTING TEMPORARY VARIANCE OF MINIMUM FLOW
REQUIREMENTS UNDER ARTICLE 39
(Issued March 7, 2014)
1. 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.
BACKGROUND AND LICENSE REQUIREMENTS
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.
LICENSEE'S REQUEST
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 flows from Philbrook Reservoir to 0.8 cfs (with an additional 0.2 cfs flow
buffer) 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.
1984). .See 25 FERC ¶ 62,236. Order Amending Revised Exhibit S (issued March 15,
7
Prof t No. 803 -103
AGENCY Y C �SULT TON
4-- ` be licensee developed= its proposal in consultation with the California State Water
Resmzces Cunt l'B d tate Board), National! Marine Fisheries Service (NMFS), U.S
T`oreA Spice (FS), U-S.Fish.,and Wildlife Service (FWS); and California Department of
Fund Wildlife (CDF'W). Duribg a February 26, 20.14 meeting, the above resource
,agencies agreed to the flow variance .through Ame 1, 2014, or until conditions improve,
as inetd by the maw age: Inladdition,. on A4arch fi, 2014,. the FWS filed a
10ttex in suffed of the lie 's prqvsaL By en , dated Mareb 2014, NNW, S also
need with the ee's proposal:.
PSIS. USSON: AND CONCLUSIONS
5- The licensee is requesting, a temWrary valance of the minimum . flow
requim,nents, of licertse Article 39`'at Phil brook Reservoir. The temporary variance would
allow l ensce to conserve cold water.. storage In the reservoir for release later in the
year:. n. nay " , high w7ater lemperatmes in Butte Creek could threaten spring -run
C .. , _- Saklmo& Thy te-Twomy varimme would also allow the licensee to conserve
Given the-curreal drotsht conditions, the need < to conserve water, and the support
from tl- Riource agemcitn,,
auim d" e,m varia.ce of fm- minimum = flow-
comp compharme c bmia sh � � `approve: Ftowe.ver , the pudic should be allowed to
rev3e -kv a' "continent on: the lice 's PrOPOsa1. Theret'6re,, we are concurrently issuing a
public notice to solicit any comments or intervention requests for an extended flow
vanance.
7- The l'icensee's propose temporary flow variance and modified compliance
ci .eria should be granted. through April 7, 2014_ This will provide sufficient time for any
a&Nmc- y or, public cents. coning an extended variance, and, allow adequate time
for Commission analysis without. an interruption.. in the temporary operating
requirements. Based on comments received and the available data at that time, we will
take action, as warranted, on an extension of the licensee's proposal beyond .April 7,
2014. We also should reserve our authority to modify the current; or any future
temporary variance based mi, information received, or as updated' conditions may warrant.
The Director orders:
(A) Pacific Gas and Electric Company's (licensee) request, filed March 41 2014;
for :a temporary variance of II�e n�inimun� flew requirements of license Article 39' at the
DeSabla- Centerville -Project No. 803, is approved through April 7, 20.14.
Project No. 803 -103 3
(B) The Federal Energy Regulatory Commission (Commission) reserves its
authority to modify this order based on any new information received and as conditions
may warrant.
(C) 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't
order. The licensee's failure to file a request for rehearing shall constitute acceptance of
this order.
(for) Thomas J. LoVullo
Chief, Aquatic Resources Branch
Division of Hydropower Administration
and Compliancy
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