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HomeMy WebLinkAbout12.29.20 BOS Correspondence - FW_ Request for Delay of Action_Extension of Time submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al. From:Schuman, Amy To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Kimmelshue, Tod;Lambert, Steve;Lucero, Debra;McCracken, Shari;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen;Teeter, Doug Subject:BOS Correspondence - FW: Request for Delay of Action/Extension of Time submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al. Date:Tuesday, December 29, 2020 8:25:01 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: Tuesday, December 29, 2020 7:15 AM Subject: Request for Delay of Action/Extension of Time submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al. .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 12/29/2020, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.: Filer: Pacific Gas and Electric Company PGE (as Agent) Docket(s): P-2107-000 Lead Applicant: Pacific Gas and Electric Company Filing Type: Request for Delay of Action/Extension of Time Description: Pacific Gas and Electric Company submits the Second Request for Extension of Time to File Long-Term Ramping Rate Plan for the Poe Hydro Project under P-2107. To view the document for this Filing, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20201229- 5043__;!!KNMwiTCp4spf!QwRp2ddFyMRMXocANAhni7EB6eC9TdgNN7BmAfJlUHmB0CG-ZwirrMawr-ibc044azvMa_b6_AQ$ To modify your subscriptions, click here: https://urldefense.com/v3/__https://ferconline.ferc.gov/eSubscription.aspx__;!!KNMwiTCp4spf!QwRp2ddFyMRMXocANAhni7EB6eC9TdgNN7BmAfJlUHmB0CG- ZwirrMawr-ibc044azvM0h-ij_U$ ------------------------------------------------------------------------ Please do not respond to this email. Online help is available here: https://urldefense.com/v3/__http://www.ferc.gov/efiling-help.asp__;!!KNMwiTCp4spf!QwRp2ddFyMRMXocANAhni7EB6eC9TdgNN7BmAfJlUHmB0CG- ZwirrMawr-ibc044azvMrSSLJUo$ or for phone support, call 866-208-3676. 245 Market Street tƚǞĻƩ DĻƓĻƩğƷźƚƓ San Francisco, CA 94105 Mailing Address: Mail Code N11D P.O. Box 770000 San Francisco, CA 94177 December 28, 2020 Via Electronic Submittal (E-File) Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N. E. Washington, D.C. 20426 Re: Poe Hydroelectric Project, FERC No. 2107-CA Second Request for Extension of Time to File Long-Term Ramping Rate Plan, SWRCB Condition 5.2, Forest Service 4(e) Condition No. 23, Part 5 Dear Secretary Bose: Pacific Gas and Electric Company (PG&E) is writing to seek your approval for a second extension of time request for the development of the Long-Term Ramping Rate Plan (Project), Federal Energy Regulation Commission (FERC) No. 2107. FERC issued a new license for the Project on December 17, 2018 (License). Subsection (a) of Article 401 of the License requires PG&E to submit this plan for FERC approval within one year of License issuance. PG&E requested an extension of time approval from FERC in a letter dated December 12, 2019 and it was approved by FERC Order dated December 31, 2019. This extension provided additional time, until December 31, 2020, to develop the Plan. By this letter, PG&E requests that FERC further extend the deadline, from December 31, 2020, to June 30, 2021. The Plan is required by the State Water Resources Control Board (SWRCB) Water Quality Certification Condition 5 and Forest Service 4(e) Condition No. 23, part 5 of the License. PG&E submitted an extension of time request to both agencies on October 29, 2020 (Enclosure 1). The Forest Service approved the request by letter dated December 16, 2020 (Enclosure 2), and the SWRCB approval is pending. PG&E will file the SWRCB approval letter to FERC upon receipt if the SWRCB does not concurrently e-file their approval letter with FERC. Since March 2019, PG&E has been in consultation with the Forest Service, SWRCB, California Department of Fish and Wildlife, and U.S. Fish (e.g., American Whitewater and California Sportfishing Protection Alliance) on the development of this Plan. At a December 3, 2019 meeting, PG&E presented the proposed framework to the agencies and stakeholders to continue discussions and to develop a schedule to identify long-term ramping rates for the Project. Monthly meetings were held from Ms. Kimberly D. Bose, Secretary December 28, 2020 Page 2 January through November 2020and are continuing into December 2020 and beyond. PG&E needs additional time to continue to develop our understanding of both the biological resources and the operational constraints with the agencies and stakeholders. Therefore, PG&E is requesting an additional 6 months to complete the Plan. In the meantime, the interim ramping rates will remain in effect to protect aquatic species downstream of Poe Dam. senior license coordinator, Matthew Joseph, at 415-264-5244. Sincerely, Elisabeth Rossi Supervisor, Hydro Licensing Enclosures: 1. 2. Enclosure 1 PG&E letter to SWRCB and Forest Service dated October 29, 2020 requesting extension 245 Market Street tƚǞĻƩ DĻƓĻƩğƷźƚƓ San Francisco, CA 94105 Mailing Address: Mail Code N11D P.O. Box 770000 San Francisco, CA 94177 October 29, 2020 Mr. Erik Ekdahl Mr. Christopher Carlton Deputy Director, Division of Water Rights Forest Supervisor CA State Water Resources Control Board United States Department of Agriculture, th 1001 I Street, 14 Floor Forest Service Sacramento, CA 95814 Plumas National Forest 159 Lawrence Street Quincy, CA 95971-6025 RE: Poe Hydroelectric Project, FERC Project No. 2107-CA Request for Extension of Time to File Long-Term Ramping Rate Plan, SWRCB Condition 5.2, Forest Service 4(e) Condition No. 23, Part 5 Dear Messrs. Ekdahl and Carlton: Pacific Gas and Electric Company (PG&E) is writing to seek your approval for a second extension of time request for the development of the Long-Term Ramping Rate Plan (Plan) -2107) (Project). The Federal Energy Regulation Commission (FERC) issued a new license for the Project on December 17, 2018 (License). Subsection (a) of Article 401 of the License requires PG&E to submit these plans for FERC approval within one year of License issuance. PG&E filed the first extension request in separate letters to the State Water Resources Control Board (SWRCB) and the U. S. Department of Agriculture - Forest Service (Forest Service), dated November 26, 2019, which were approved in letters dated February 5, 2020 and December 6, 2019, respectively. In addition, PG&E requested FERC approval in a letter dated December 13, 2019 and it was approved on December 31, 2019. These extensions provided additional time until December 31, 2020 to develop the Plan. Since March 2019, PG&E has been working with Forest Service, SWRCB, California county representatives, and other stakeholders (e.g., American Whitewater and California Sportfishing Protection Alliance) on the development of this Plan. At the time of our last extension request, the stakeholders were provided a proposed framework to move forward on long-term ramping rate discussions and to set up possible dates for a next meeting. At the December 3, 2019 meeting, PG&E presented the proposed framework to the stakeholders to continue discussions and to develop a schedule to identify long-term ramping rates for the Project. Monthly meetings were created from January through Mr. Erik Ekdahl Mr. Christopher Carlton October 29, 2020 Page 2 November 2020. Despite good engagement from stakeholders and moving forward in our understanding of both the biological resources and the operational constraints, PG&E is requesting an additional 6-months to complete the Plan, thus extending the deadline until June 30, 2021. In the meantime, the interim ramping rates will remain in effect to protect aquatic species downstream of Poe Dam. If you have any questions regarding this request, please contact me at (415) 973-7410. Sincerely, Steven J. Bauman, P.E. Sr. Relicensing Project Manager cc: via email Savannah Downey (SWRCB) Amy Lind (Forest Service) Emily Moghaddas (Forest Service) Aondrea Bartoo (USFWS) Sarah Lose (CDFW) Chris Shutes (CSPA) Dave Steindorf (AW) Paul Gosselin (Butte County) Tracey Ferguson (Plumas County) Enclosure 2 Forest Service letter dated December 16, 2020 approving extension request Logo Department Name Agency Organization Organization Address Information United States Forest Pacific Southwest Region 159 Lawrence Street Department of Service Plumas National Forest Quincy, CA 95971 Agriculture 530-283-2050 TDD: 530-534-7984 Fax: 530-283-7746 File Code: 2770 Date:December 16, 2020 Steve Bauman Senior Relicensing Manager Pacific Gas and Electric Company Mail Code N11D P.O. Box 770000 San Francisco, CA 94177 SUBJECT:FOREST SERVICE APPROVAL OF RESOURCE MANAGEMENT PLANS AND EXTENSIONREQUESTSFORPACIFICGASANDELECTRICCOMPANY’SPOE HYDROELECRTRIC PROJECT, FERCNO. 2107 Dear Mr. Bauman: This letter is regarding seven Resource Management Plans (“Plans”), required by the Federal Energy Regulatory Commission (FERC) License for Pacific Gas and Electric Company’s (PG&E) Poe Hydroelectric Project (P-2107). The Forest Service filed revised final Federal Power Act (FPA) Section 4(e) Conditions in July of 2018, including a requirement to develop these Plans, and these Conditions became part of the new FERC license for the Poe Hydroelectric Project, issued on December 17, 2018. The new license for the Poe Hydroelectric Project requires 15 Plans, establishment of a Recreation River Flow Technical Group with two associated Memoranda of Understanding (MOU) covering river recreation, and development of an operations water balance modelwithin one year of license issuance; i.e., by December 17, 2019. Two additional Plans are required within one-two years of license issuance; i.e., December 17, 2020. Attached is the Forest Service’s understanding of the current status of all these Plans. By letters to PG&E (dated December 6, 2019, and March 19, 2020), I previously approved six Plans, and the operations water balance model. In addition, these letters provided concurrence on Plans and an MOU required by the State Water Resources Control Board, and my approval for PG&E’s extension requests for the remaining Plans. I signed the MOU (required within Forest Service Condition No. 26) on August 12, 2020. On September 25, 2020, I approved the Recreation Enhancement, Construction, and Implementation Plan (Forest Service Condition No. 26). Over the past two months, PG&E has submitted four additional completed Plans, one revised Plan, and two extension requests. With this letter, I approve the following: Bald Eagle Plan (Forest Service Condition No. 35) - PG&E final plan approval request dated October 19, 2020. Caring for the Land and Serving People Printed on Recycled Paper 2 Steve Bauman Assessment and phased implementation plan for the Bardees Bar Tunnel Spoil Revegetation Plan (Forest Service Condition No. 40) - PG&E approval request dated October 22, 2020 Long-Term Ramping Rate Plan (Forest Service Condition No. 23, Part 5) – six-month extension to complete Plan - PG&E request dated October 29, 2020 Sediment Management Plan (Forest Service Condition No. 23, Part 3A) - minor revision to previously approved Plan - PG&E approval request dated November 19, 2020 Heritage Properties Management Plan (Forest Service Condition No. 31) – one-year extension to complete Plan - PG&E request dated December 3, 2020 Road Management (Forest Service Condition No. 37) –PG&E final plan approval request dated December 15, 2020 Integrated Vegetation Management Plan (Forest Service Condition Nos. 29 and 34) – PG&E final plan approval request dated December 15, 2020 Thank you for working with the Forest Service on these resource plans for the new Poe Hydroelectric Project license. If you have any questions about this letter, please contact Amy Lind, Hydroelectric Coordinator, Regional Hydropower Assistance Team, at (530) 478-6298, amy.lind@usda.gov, or Emily Moghaddas, Recreation, Engineering, Lands, and Minerals Staff Officer, Plumas National Forest, at (530) 283-7772, emily.moghaddas@usda.gov. Sincerely, CHRISTOPHER CARLTON Forest Supervisor cc: Dawn Alvarez, Amy Lind, David Brillenz, Emily Moghaddas, Hilary Maxworthy 3 Steve Bauman ATTACHMENT Status of Management and Monitoring Plans and MOU's for Poe Hydroelectric Project (FERC No. 2107) new license implementation. Plan or MOU (Forest Service Condition Original Due Date to the Amended Due Date to the Status No. or SWRCB Condition only) FERC FERC Fish and Benthic Macroinvertebrate Plumas National Forest (PNF) staff have reviewed and PG&E Dec. 17, 2019 Completed in 2019 Monitoring (Condition No. 25) addressed comments. Final Plan provided to PNF and FERC. RO and PNF staff have reviewed and PG&E addressed Hazardous Substances (Condition No. 5)Dec. 17, 2019 Completed in 2019 comments.Final Plan provided to PNF and FERC. Final version provided to Operations Water Balance Model This is a working model/tool. License condition due date met, Not required to have Forest Service on Dec. 9, (Condition No. 23, Part 2) and model will be updated as needed. FERC approval 2019; Not required by the FERC PNF staff have reviewed and PG&E addressed comments.Final Gaging (SWRCB) Dec. 17, 2019 Completed in 2019 Plan provided to PNF and FERC. PNF staff have reviewed and PG&E addressed comments. Final Water Temperature Monitoring (SWRCB) Dec. 17, 2019 Completed in 2019 Plan provided to PNF and FERC. SWRCB and Forest Service approve, but do not sign. PNF staff MOU1 (SWRCB) -Recreation Technical have reviewed and PG&E addressed comments; other signatories Dec. 17, 2019 Completed in 2019 Review Group are complete. PNF staff have reviewed and PG&E addressed comments. Final Amphibian Monitoring (Condition No. 25) Dec. 17, 2019 Completed in March 2020 Plan provided to PNF and FERC. PNF staff have reviewed and PG&E addressed comments. Final Tributary Access Observation (fish) Dec. 17, 2019 Completed in March 2020 Plan provided to PNF and FERC. (Condition No. 23, Part 6) Completed in March 2020; Sediment Management (Condition No. 23, PNF staff have reviewed and PG&E addressed comments. Final Dec. 17, 2019 Minor revisioninNovember Part 3A) Plan provided to PNF and FERC. 2020 Fire Prevention and Response (Condition PNF staff have reviewed and PG&E addressed comments. Final Dec. 17, 2019 Completed in March 2020 No. 7) Plan provided to PNF and FERC. PNF staff have reviewed and PG&E addressed comments. Final MOU2 -Poe Interagency Recreation River Prior to first full recreation Completed/fullysigned in MOU provided, but PNF is waiting on signatures from other Flow Management (Condition No. 26) season. August 2020 parties. PNF staff have reviewed and PG&E addressed comments. Final Riparian Monitoring (SWRCB) Dec. 17, 2019 Completed in March 2020 Plan provided to PNF and FERC. 4 Steve Bauman Plan or MOU (Forest Service Condition Original Due Date to the Amended Due Date to the Status No. or SWRCB Condition only) FERC FERC PNF staff have reviewed and PG&E addressed comments. River Recreation Enhancement, Construction, flow plan required under MOU2 is included as an attachment to Dec. 17, 2019 Completed in September 2020 and Implementation (Condition No. 26) this Plan. Final Plan provided to PNF and FERC. PNF staff have reviewed drafts, participated in field condition Road Management (Condition No. 37) assessments, and PG&E has addressed comments. Final Plan Dec. 17, 2019 Dec. 31, 2020 provided to PNF. Regularly meeting with PG&E and other stakeholders to discuss Long Term Ramping Rates (Condition No. approach and content of this Plan; PG&E provided a draft Plan Dec. 17, 2019 June 30, 2021 23, Part 5) provided to stakeholders in July 2020. Tied to upstream hydroproject – further discussion needed to complete Plan. PG&E provided aTechnical Assessment(TA)to PNF inMay 2020, which was reviewed by PNF staff. In October 2020, Plan is now phased Plan and Bardees Bar Tunnel Spoil Revegetation PG&E provided a revised TA along with a plan and schedule for Dec. 17, 2019 split into two Plans; expected (Condition No. 30) completing: the stability plan, a targeted revegetation plan, and completion 2021-2022 implementation of both plans. PG&E provided an Archeology Report to PNF in late May 2020; Heritage Properties Management Traditional Cultural Properties study is ongoing with interviews Dec. 17, 2019 December 31, 2021 (Condition No. 31) delayed due to Covid; pending draft of full Plan from PG&E. PG&Eprovided draft Plan in July 30, 2020; PNF reviewedPlan Bald Eagle Management (Condition No. and discussed with PG&E in August. PG&E addressed Dec. 17, 2020 No change 35) comments and provided a final plan provided to PNF. Combines two Forest Service License Conditions; PG&E Fuel Treatment and Invasive Weed provideddraft Plan on Aug. 10, 2020. PNF staff have reviewed Management (Integrated Plan) (ConditionDec. 17, 2019 and 2020Dec. 31, 2020 drafts, and PG&E has addressed comments. Final Plan provided Nos. 29 and 34) to PNF.