HomeMy WebLinkAbout04.16.20 Email from FERC - FW_ Delegated Order issued in FERC P-2107-026
From:Schuman, Amy
To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Lambert, Steve;Lucero, Debra;
McCracken, Shari;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen;Teeter, Doug
Subject:FW: Delegated Order issued in FERC P-2107-026
Date:Thursday, April 16, 2020 8:49:32 AM
Good morning,
Please see the following email from FERC.
Amy Schuman
Associate Clerk of the Board
Butte County Administration
25 County Center Drive, Suite 200, Oroville, CA 95965
T: 530.552.3308 | F: 530.538.7120
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Subject: Delegated Order issued in FERC P-2107-026
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On 4/16/2020, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-2107-026
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Delegated Order
Description: Order Approving Bypass Reach Fish and Benthic Macroinvertebrate Monitoring Plan Pursuant to
Article 401 re Pacific Gas and Electric Company under P-2107.
To view the document for this Issuance, click here
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171 FERC ¶ 62,050
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas and Electric CompanyProject No. 2107-026
ORDER APPROVING BYPASS REACH FISH AND BENTHIC
MACROINVERTEBRATEMONITORING PLANPURSUANT TO ARTICLE 401
(IssuedApril 16, 2020)
1.OnDecember 17, 2019,Pacific Gas andElectric Company, licensee for thePoe
Hydroelectric ProjectNo. 2107, filed a Bypass Reach Fish and Benthic
1
Macroinvertebrate Monitoring Plan (Plan), pursuant to Article 401 of the project license.
Theproject is located on the North Fork Feather River, upstream of Lake Oroville, near
the Town of Pulga, in Butte County, California. The project occupies federal land within
the Plumas National Forest administered by the U.S. Department of Agriculture, Forest
Service (Forest Service).
License Requirements
2.Appendix Aof the project license contains the Water Quality Certification (WQC)
conditions issued by the California State Water Resources Control Board(State Water
Board), and filed on December 29, 2017. Appendix B of the project license contains the
conditions issued by the Forest Service and filed on July 9, 2018 under section 4(e) of the
Federal Power Act (4(e) conditions). Condition 9of the WQC and condition 25 of the
4(e) conditions, require the licensee to file a Bypass Reach Biological Monitoring Plan
thatincludes plans to monitor fish populations, benthic macroinvertebrates, and
amphibians in the bypass reach for the duration of the license. The plans must be
developed in consultation with the U.S.Fish and Wildlife Service, Forest Service,
California Department of Fish and Wildlife, and State Water Board(collectively,
resource agencies).The condition, in part, specifies what must be included in the various
plans.Article 401(a) of the project license requires the licensee to file the Plan with the
Commissionfor approvalwithinone yearof license issuance.
1
Order Issuing New License (165 FERC ¶ 62,172), issued December 17, 2018.
-2-
Project No. 2107-026
Licensee’s Plan
3.The licensee states thatthough discussion with the resource agencies, the
biological monitoring plan has been broken down into the fish and benthic monitoring
plan contained in this filing and an amphibian monitoring plan that will be filed
separately.
4.The licensee’s Plan contains the goals and objectives of the Plananddefines the
monitoring sites, methods for data collection, reporting requirements, and provisions for
making changes to the Plan based on the results.
5.The licensee states that the goals for fish population monitoring are to collect
population data from three sections of the bypass reach under the new license required
instream flows to assess the populations response to the new flows. The Plan would
accomplish this by determining trends in composition, size/age distribution, relative
abundance,and biomass for all species. Also, the licensee would assess condition factor
for trout species. Further, the licensee would compare data collected during specific
sampling periods to document the status of the fish community and any identifiable
response to the change in project operation.
6.Similar to the goals of the fish population monitoring, the benthic
macroinvertebrate monitoring would be collected at three sections of the bypass reach
and used to assess the populations responseto the new flow regime. The license would
evaluate community indicesusing the California Stream Condition Index to document
trends in macroinvertebrate community structure metrics within sampling reaches,
betweensampling reaches,and between sampling periods.
7.The licensee proposes toconduct monitoring at three locations in the bypass reach
between the dam and the powerhouse to collect data on fish and benthic
macroinvertebrate populations. The benthic macroinvertebratesurveys would also
include the sampling of three reference sites in unregulated river reaches. Fish sampling
would be conducted using electrofishing and snorkel surveys.Benthic macroinvertebrate
monitoring would includekicknetsamplingas well as the collection ofwater quality
parameters, and various habitat assessments based on the Surface Water Ambient
Monitoring Program protocol. Surveys for both fish and benthic macroinvertebrates
would occur during three of every five yearsof license implementation (in years 2, 3, and
4 of the first five year term of the license; years 6, 8, and 10 of years 6 through10, etc.)
and then two out of five years during years 21-30 and years 31-40 of license
implementation.
-3-
Project No. 2107-026
8.Regarding reporting, the licensee proposes to file an annual report with the
resource agencies by March 15 of the subsequent year that monitoring occurs. After
review from the resource agencies, the licensee would then file a report with the
2
Commission by May 31 of the subsequent year that monitoring occurred.
In addition,
the licensee’s Plan provides for changes that become necessaryduring the
implementation of the Plan. Significant changes to the Plan would be addressed through
consultation with the resource agencies. If it is determined through consultation that a
revised Plan is necessary, the licensee would modify the Plan in coordination and
agreement with the resource agencies prior to filing the revised Plan with the
Commission for approval.
Agency Consultation
9.The licensee initially provided its Plan to the resource agencies on April 25, 2019
for consultation. The licensee received comments that were incorporated into the Plan
and through further consultation a final Plan was submitted to the resource agencies on
September 19, 2019. By letter dated December 6, 2019, the Forest Service provided its
approval of the licensee’s Plan.On March 10, 2020, theCommission received a filing
from the State Water Board conveying,in part, its approval of the licensee’s Plan.
Discussion and Conclusion
10.The licensee’s Plandescribes the fish and benthic macroinvertebratemonitoring
effort that it proposes to implement in the project bypass reach in accordance with the
requirements of WQC condition 9, Forest Service 4(e) condition 25andArticle 401(a) of
the project license. The Plan containsthe specific componentsrequired to be included by
WQCand 4(e) conditions.As proposed, the Plan should adequately monitor fish and
benthic macroinvertebrate populations in the bypass reach throughout the term of the
licensein association with the increased flow conditions prescribed in the new license.
Further, the Plan allows for themonitoring effortto be evaluated and changes to the Plan
to made if necessary, through consultation with the resource agencies and approval by the
Commission.
11.The licensee’s Plan, developed in consultation with resource agenciesand
approved by the State Water Boardand Forest Service, pursuant to WQC condition 9,
4(e) condition 25,and Article 401(a) of the project license, should be approved.
2
Article 401(b) of the license also requires this report to be filed with the
Commission.
-4-
Project No. 2107-026
The Director orders:
(A)Pacific Gas andElectric Company’s Bypass Reach Fish and Benthic
Macroinvertebrate Monitoring Plan,filed with the Federal Energy Regulatory
Commission (Commission) on December 17, 2019,pursuant to Article 401(a) of the
project license for the Poe Hydroelectric ProjectNo. 2107, is approved.
(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), and the Commission’s
regulations at 18 CFR § 385.713 (2019). The filing of a request for hearing 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.
(for)Thomas J. LoVullo
Chief, Aquatic Resources Branch
Division of Hydropower Administration
and Compliance