HomeMy WebLinkAbout03.02.20 Email from FERC - Comment of CA State Historic Perservation Office under P-619
`State of California Natural Resources Agency Gavin Newsom, Governor
DEPARTMENT OF PARKS AND RECREATION Lisa Ann L. Mangat, Director
OFFICE OF HISTORIC PRESERVATION
Julianne Polanco, State Historic Preservation Officer
1725 23rd Street, Suite 100, Sacramento, CA 95816-7100
Telephone: (916) 445-7000 FAX: (916) 445-7053
calshpo.ohp@parks.ca.gov www.ohp.parks.ca.gov
March 2, 2020
In reply refer to: FERC_2014_0806_001
Mr. Timothy Konnert, Chief
West Branch
Division of Hydropower Licensing
Federal Energy Regulatory Commission
Washington, D.C. 20426
VIA FERC E-FILING/EMAIL
RE: Draft Programmatic Agreement Bucks Creek Hydroelectric Project FERC
Licensing (FERC No. 619-164), Plumas County, CA
Dear Mr. Konnert,
The California State Historic Preservation Officer (SHPO) received a submittal
from the Federal Energy Regulatory Commission (FERC) for the above-named
undertaking pursuant to 36 CFR Part 800 (as amended 8-05-04), the regulations
implementing Section 106 of the National Historic Preservation Act (NHPA).
Included with the submittal was:
Draft Programmatic Agreement Between the Federal Energy Regulatory
Commission and the California State Historic Preservation Officer for
Managing Historic Properties That May Be Affected By Issuing a License
to the Pacific Gas and Electric Company for the continued operation of the
Bucks Creek Hydroelectric Project in Plumas County, California (FERC
No. 619-164)
I have reviewed the Draft Programmatic Agreement and offer the following
comments:
Include a stipulation that addresses the consultation process for amending
the Area of Potential Effects (APE), including which consulting parties are
included and a timeframe for consultation.
Include a process and timeline for parties to review and comment and for
FERC to consider, incorporate, or otherwise respond to comments on
determinations and/or assessments of effects.
Include a process for consultation regarding the annual reporting,
including a comment period, how comments will be addressed, and the
Mr. Timothy Konnert FERC_2014_0806_001
March 2, 2020
Page 2 of 2
report finalized. It should also include an annual meeting or phone call
with the consulting parties to discuss any comments.
The draft PA should also include a stipulation that states that the HPMP can be
amended without amending the PA, and a process for doing so.
The draft PA should include a stipulation addressing emergency situations,
consistent with 36 CFR § 800.12.
Please provide the SHPO with copies of the written delegation from
federal agencies to the FERC for the administrative record and describe in
what capacity each is involved.
Include a Discovery clause, per 800.6(c)(6), that references the discovery
plan outlined in the HPMP, or the process at 800.13.
In the Dispute Resolution stipulation, clarify the meaning of the statement:
The Commission will consult with the objecting party, and with other
parties as appropriate, to resolve the objection. The Commission may
initiate on its own such consultation to remove any of its objections
If you have any questions or concerns, please contact Brendon Greenaway at
(916) 445-7036 or Brendon.Greenaway@parks.ca.gov.
Sincerely,
Julianne Polanco
State Historic Preservation Officer