HomeMy WebLinkAbout01.06.20 Email from FERC - Order Modifying Article 401 and Granting Extension of Time re PGE under P-2107
31311217.4128!GFSD!QEG!)Vopggjdjbm*!1201703131
170 FERC ¶ 62,004
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas and Electric Company Project No. 2107-016
ORDER MODIFYING ARTICLE 401 AND
GRANTING EXTENSION OF TIME
(Issued January 6, 2020)
1. On December 12, 2019, Pacific Gas and Electric Company, licensee for the Poe
Hydroelectric Project No. 2107, filed an application to modify Article 401 to link the
Fuel Treatment Plan with the Invasive Weed Management Plan to create an Integrated
Vegetation Management Plan and to request an extension of time to file the integrated
plan, pursuant to Article 401 and U. S. Forest Service (Forest Service) 4(e) Conditions 29
1
and 34 of the project license. The project is located on the North Fork Feather River in
Butte County, California. The project occupies, in part, federal lands administered by the
Forest Service.
Background
2. On December 17, 2018, the Commission issued a new license for the project.
Article 401 requires the licensee to file various plans for Commission approval that are
required by the California State Water Resources Control Boards section 401 water
quality certificate (WQC) and Forest Service section 4(e) conditions. The Fuel
Treatment Plan was required to be filed within one year of license issuance, and the
Invasive Weed Management Plan within two years of license issuance.
3. In consultation with the Forest Service, the licensee determined that to be
consistent with more recent FERC licenses, the Fuel Treatment Plan (Condition 29)
should be linked with the Invasive Weed Management Plan (Condition 34). The licensee
would file the combined plan as the Integrated Vegetation Management Plan by
December 31, 2020. s a copy of its request for an extension
of time with Forest Service
extension of time.
1
Order Issuing New License (165 FERC ¶ 62,172), issued December 17, 2018.
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Project No. 2107-016-2 -
4. The Forest Service states in its approval of the request for an extension of time,
Management Plans into an Integrated Vegetation Management Plan is consistent with the
approach used in recent relicensing of hydroelectric projects.
Discussion
5.
Management Plans into a combined Integrated Vegetation Management Plan, which
meets the requirements of Forest Service section 4(e) conditions 29 and 34 is consistent
with current Forest Service practices and should be approved. The deadline to file the
Fuel Treatment Plan was one year from the date of license issuance, while the deadline to
file the Invasive Weed Management Plan was two years from the date of license
issuance. The deadline to file the combined Integrated Vegetation
Management Plan is December 31, 2020.
The Director orders:
(A) , filed on December 12, 2019,
to modify Article 401 by combining the requirements of U. S. Forest Service section 4(e)
conditions 29 (Fuel Treatment Plan) and 34 (Invasive Weed Management Plan) of the
Poe Hydroelectric Project No. 2107 license, is approved. The due date to file the
combined Integrated Vegetation Management Plan for Commission approval, is extended
to December 31, 2020.
(B) 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. § 825l (2018
regulations at 18 C.F.R. § 385.713 (2019). 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
this order.
Robert J. Fletcher
Land Resources Branch
Division of Hydropower Administration
and Compliance