HomeMy WebLinkAbout10.30.20 Board Correspondence -FW_ Delegated Order issued in FERC P-619-167
From:Schuman, Amy
To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Lambert, Steve;Lucero, Debra;McCracken, Shari;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas,
Amalia;Sweeney,
Kathleen;Teeter, Doug
Subject:Board Correspondence -FW: Delegated Order issued in FERC P-619-167
Date:Friday, October 30, 2020 10:27:47 AM
Good morning,
Please see the email below from FERC.
Amy Schuman
Associate Clerk of the Board
Butte County Administration
25 County Center Drive, Suite 200, Oroville, CA 95965
O: 530.552.3300 |D: 530.552.3308 | F: 530.538.7120
Twitter | Facebook | YouTube | Pinterest
-----Original Message-----
From: 'FERC eSubscription' <eSubscription@ferc.gov>
Sent: Friday, October 30, 2020 10:25 AM
Subject: Delegated Order issued in FERC P-619-167
.ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying..
On 10/30/2020, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-619-167
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Delegated Order
Description: Order Granting Extension of Temporary Variance of Minimum Stream Flow and Reservoir Elevation Pursuant to Article 13 re City of Santa Clara, California et al under P-619.
To view the document for this Issuance, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20201030-
3030__;!!KNMwiTCp4spf!SXmLQphwmvcdoMnXgLIZftBPOXzplS6XyOhVaZQibc4ZIbQJMwsqSr5sMJGcNVa1LyJBU08LsU4$
To modify your subscriptions, click here:
https://urldefense.com/v3/__https://ferconline.ferc.gov/eSubscription.aspx__;!!KNMwiTCp4spf!SXmLQphwmvcdoMnXgLIZftBPOXzplS6XyOhVaZQibc4ZIbQJMwsqSr5sMJGcNVa1LyJB7R2enno$
------------------------------------------------------------------------
Please do not respond to this email.
Online help is available here:
https://urldefense.com/v3/__http://www.ferc.gov/efiling-help.asp__;!!KNMwiTCp4spf!SXmLQphwmvcdoMnXgLIZftBPOXzplS6XyOhVaZQibc4ZIbQJMwsqSr5sMJGcNVa1LyJBs0WZPFU$
or for phone support, call 866-208-3676.
Comments and Suggestions can be sent to this email address: mailto:FERCOnlineSupport@Ferc.gov
173 FERC ¶ 62,051
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
City of Santa Clara, CaliforniaProject No. 619-167
Pacific Gas and Electric Company
ORDERGRANTING EXTENSION OFTEMPORARYVARIANCEOFMINIMUM
STREAM FLOW AND RESERVOIR ELEVATION PURSUANT TO ARTICLE 13
(IssuedOctober 30, 2020)
1.OnOctober 16,2020,the City of Santa Clara, California and Pacific Gas and
Electric Company(PG&E),licenseesfor the BucksCreekHydroelectric Project
1
No.619,filed a requestto extend thetemporary variance from theminimum stream flow
and minimum reservoir elevation requirements underArticle 13 of its licensegranted on
2
May 7, 2020.The project is located on the North Fork Feather River and Bucks and
Grizzly creeks in Plumas County, California, andoccupies federal land within the Plumas
National Forest administered by the U.S. Forest Service.
Background
2.LicenseArticle 13, as amended, requires the licensees to release a minimum of
4cubic feet per second (cfs) from November 1 through April 30, 8 cfs from May 1
through June 30, and 6 cfs from July 1 through October 31 from Lower Bucks Lake into
3
Bucks Creek, and from Grizzly forebay into Grizzly Creek.Article 13also requires the
licensees to maintain the surface elevation of lower Bucks Lake no lower than 4,966 feet
4
PG&E Datum.
3.On December 11, 2019, the licensees filed a request for a temporary variance of
the minimum reservoir elevation requirement at Lower Bucks Lake, and the minimum
streamflow requirements from Lower Bucks Lake and Grizzly forebay.More
specifically, the licensees stated they would need to fully dewater Lower Bucks Lake,
1
Pacific Gas and Electric Company, 52FPC 1898 (1974).
2
City of Santa Clara, CaliforniaandPacific Gas and Electric Company, 171
FERC ¶62,080 (2020).
3
Pacific Gas and Electric Company, 114 FERC ¶ 62,015 (2006).
4
PG&E Datum, formerly Feather River Power Company Datumisequal toU.S.
Geological Survey Datumminus3.5 feet.
Project No. 619-167-2-
may only be able to releaseup to6 cfs into Bucks Creek below Lower Bucks Lake, and
could only release natural streamflow into Grizzly Creek below the Grizzly forebay. The
licensees also requested that rather than measuring streamflow instantaneously, they be
allowed to use the 24-hour averageto determine compliance with the minimum flow
requirements. The licensees explained the variance was necessary to support their efforts
to install a geomembrane liner on the face of the Lower Bucks Lake dam and to dredge
material and replace componentsof an outlet conduit at the Grizzly forebay.
4.Commission staff issued an order granting the temporary variance requested by
the licensees on May 7, 2020. The temporary variance is scheduled to end on
November1, 2020. Ordering paragraph (H) of the May 7, 2020 Order requires the
licensees to notify the Commission as soon as possible if they become awarethatthe
variance would need to continuepast November 1, 2020. The licensees are also required
toprovide justification for the extension and submit a revised schedule.
Extension Request
5.In theirOctober 16, 2020 filing, the licensees state that in mid-August 2020,
lightning ignited severalfires near the project.In response to the danger posed by the
nearby fires, the licensees state the pumping used to dewater Lower Bucks Lake was
reducedfrom a 24-hour schedule to a 12-hour schedule. As the fires neared the project
and therisk increased, the licensees state that all staff were evacuated,and no
construction activities took place between September 8 and September 29, 2020. The
licenseesstate that all personnel were able to return to the project and resume activities
on October12,2020.
6.The licensees state the modifiedpumping schedule and evacuations have delayed
the constructionactivities and they can no longer be completed by November1,2020.
As such, the need to deviate from the Lower Bucks Lake minimum reservoir elevation,
the need to only release natural stream flowinto Grizzly Creek, and the need to utilize a
24-hour average to monitor compliance with minimum flows in Bucks Creek and Grizzly
Creek would likewise continue past November1, 2020.The licensees request the
5
variance be extended until December 31, 2020.
5
The licensees explain that as a result of the unplanned changes to their schedule,
Lower Bucks Lakeisnotbeingfully drawn down asoriginallyanticipated, and the
temporary variance at the reservoir may only needto continue until December 1, 2020.
However, the licensees are requesting the variance be extended past thatdatedue to the
possibilityof additionalinterference from the wildfires.
Project No. 619-167-3-
AgencyConsultation
7.The licenseessent a requestforapproval ofthe extensionto the U.S. Forest
Service, the U.S. Fish and Wildlife Service, and the California Department of Fish and
Wildlifeon October 12, 2020. Each of the agencies responded and stated that they
approved of the extension request.
Our Review
8.We acknowledge the licensees’ need to ensure the safety of personnel which led to
the cessation of construction activitiesand the subsequent extension of the schedule for
both construction and the related variance.However, the modified schedule may lead to
impacts not previously considered. In the May 7, 2020 Order,Commission staff assessed
the impactsof boththe temporary variance and the construction activitiesonthreatened
and endangered species and on water, aquatic, recreation, historic, cultural, and terrestrial
resources. Commission staff found the proposal would not constitute a major federal
action significantly affecting the quality of thehuman environment.
9.The licensees’ current proposal would extend the variance 2 months beyond the
original expiration date.However,the extension would not modify any plans or
measures intended to prevent or mitigate the effects of the variance or construction
activities.Due to the natural decline in activity among aquatic and terrestrial species in
the late autumn and early winter,the additional time in which the licensees deviate from
their license requirements wouldresult in insignificanteffects to the environment.
Therefore, the conclusions of the previous assessment of the variance would remain
unchanged.
10.After reviewing the licensees’ filing, we find the justification for the extension
reasonable and will grant the request to extend the temporary variance until
December31, 2020. To ensurethe Commission is made aware of the completionof the
variance as approved in this order,oris informed of the need for any further extensions,
we will includea requirement that the licensees provide notification of such events.
The Director orders:
(A)The City of Santa Clara,California and Pacific Gas and Electric
Company’s requestto extend the temporary variance from the reservoirelevationand
streamflow requirementspursuant to Article 13 of the license, filed onOctober 16, 2020,
for the Bucks CreekHydroelectricProject No. 619,is approved. The temporary variance
is extended until December 31, 2020.
Project No. 619-167-4-
(B)Within 15 days of terminating the variance, but no later than
January15,2021, the licensees must file a report notifying the Commission that the
temporary variance is complete. If the variance would continue past December 31, 2020,
the licensees must, as soon as possible after becoming aware of their schedule, file a
request with the Commission to extend the variance, explaining why the extension is
necessary, and proposing a revised schedule.
(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. § 825l (2018), and the Commission’s
regulations at 18C.F.R. § 385.713 (2020). 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 licensees’ failure to file a request for rehearing shall constitute acceptance of
this order.
Kelly Houff
Chief, Engineering ResourcesBranch
Division of Hydropower Administration
and Compliance