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HomeMy WebLinkAbout04.22.21 Board Correspondence - FW_ Delegated Order issued in FERC P-619-171 From:Paulsen, Shaina To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Kimmelshue, Tod; Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen; Teeter, Doug Subject:Board Correspondence - FW: Delegated Order issued in FERC P-619-171 Date:Thursday, April 22, 2021 11:46:19 AM Please see Board Correspondence below from FERC. Thanks Shaina Paulsen Shaina Paulsen Administrative Assistant, Senior Butte County Administration 25 County Center Drive, Suite 200 Oroville, CA 95965 T: 530.552.3304 | F: 530.538.7120 -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Thursday, April 22, 2021 10:05 AM Subject: Delegated Order issued in FERC P-619-171 .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 4/22/2021, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document: Docket(s): P-619-171 Lead Applicant: Pacific Gas and Electric Company Filing Type: Delegated Order Description: Order Amending License to Change Transmission Line Route and Revising Project Description re Pacific Gas and Electric Company et al under P-619. 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Comments and Suggestions can be sent to this email address: mailto:FERCOnlineSupport@Ferc.gov 175 FERC ¶ 62,031 UNITEDSTATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Pacific Gas and Electric CompanyProject No. 619-171 City of Santa Clara, California ORDERAMENDING LICENSETO CHANGE TRANSMISSION LINE ROUTE ANDREVISING PROJECT DESCRIPTION (IssuedApril 22,2021) 1.OnNovember 24, 2020, and supplementedonFebruary 10and March 17,2021, Pacific Gas and Electric Company(PG&E) and the City of Santa Clara, California, 1 licensees forthe Bucks Creek Hydroelectric Project No. 619,filed an application for a non-capacity amendment of theirlicense. The licensees propose to change the project’s transmission line routein order toreconnect the Grizzly powerhouse to the grid.The project is located on the North Fork Feather River and Bucks and Grizzlycreeks in Plumas County, California. The project occupies federal land within the Plumas National Forest administered by the U.S. Forest Service(Forest Service). Background 2.The Bucks Creek Project includes two developments: TheBucks Creek Development and the Grizzly Powerhouse Development.As relevant to the amendment application, the Bucks Creek Development includes the Bucks Creek powerhouse,two generatorseach rated at 36,300 kilovolt-ampere (kVA),and an adjacent switchyard and substation,referred to as the Bucks Creek substation yard.Electricity generated at the Bucks Creek powerhouse is delivered to the grid atPG&E’s Bucks Creek-Cresta 230- kilovolt(kV)line. 3.As relevant to the amendmentapplication,theGrizzly Powerhouse Development includesthe Grizzly Powerhouse,a singlegenerator rated at 22,000 kVA,a 6.9/115-kV step-up transformer, and a115-kV transmissionlinereferred to as theGrizzly Tap, which connects the Grizzly Powerhouse to the grid atPG&E’s non-Project, Caribou-Palermo transmission line.The Grizzly Tap is approximately 4.2 miles long.It travelsthrough theBucks Creek substation yard,and then continues across the North Fork Feather River toits interconnection with thenon-projectCaribou-Palermotransmissionline. 4.In November 2018, the Caribou-Palermo transmission line was de-energized as a result of damage from the Camp Fire. PG&E later committed to permanently de- 1 Pacific Gas and Electric Company,52FPC1898 (1974). Project No. 619-1712 energizing the line.Given the interconnection of the Grizzly Tap to the Caribou-Palermo line, this resulted in power being unable to be transmittedfrom theGrizzlypowerhouse to the grid. 5.On September 14, 2020, PG&Efiled a letter with the Commission’s Division of Dam Safety and Inspections –San FranciscoRegional Office(SFRO)stating that it had identified a potential public safety risk associated with the de-energizedline,determining thatenergized lines in the same vicinity as the Caribou-Palermo line may stillhave the potential to induce voltage and current on to the de-energizedlinethrough induction. PG&E indicatedthatithad takeninitialsteps tomitigate the risk by isolating and grounding sections of the line.Toremediate the risk specifically associated with the Grizzly Tap interconnection, PG&E provideda proposed workplanto removean approximate 900 feet of the Grizzly Tap conductor,between theBucks Creeksubstation yardand wooden poles on the Caribou-Palermo line.In anotherletter filed October 6, 2020,PG&Erequested and provided plans toperform work within the Bucks Creek substation yardand inthe right-of-wayof the Grizzly Tap,to facilitate the relocation of the Grizzly Tap’s interconnection to the grid, inorder to reestablish transmission of 2 power fromthe Grizzly powerhouse. 6.Prior to itsSeptember 14, 2020 filing, the licensees consultedwith Commission staff via email and phone, regarding the steps that would be required to complete the transmission line removalandrelocation. Commission staff informed the licenseesthat removaland relocation of a portion of thetransmission line would require an application 3 for amendment of the project license.However, Commission staff became aware that the proposed work in the licensees’September 14letter hadby then, been mostly completed.In a letter issued on October 9, 2020, Commission staffrequiredthe licensees to file an amendment application for Commission approval, for the work described in the September 14 and October 6, 2020 letters,including a specific description of what had already taken place regarding the proposedwork.The unauthorized construction prior to Commission approval will be addressed in a separate proceeding. Proposed Amendment 7.The licensees areproposing to amend the Project license to reduce the length of the Grizzly Tap from 4.2 to 4.0 miles long, and toreconfigure ancillary facilities within the Bucks Creek substation yardand transmission line right of way, in order to reconnect the Grizzly Powerhouse to the grid.The Grizzly Powerhouse currently connects to the 2 The licensees’September 14 and October 6, 2020 filings are available on the Commission’s eLibrary system (FERC Accession Numbers: 20200914-5150, and 20201006-5144). Project No. 619-1713 grid at PG&E’snow de-energizedCaribou-Palermo transmission lineviatheGrizzly Tap.The amendmentapplicationproposesto reconnect the Grizzly Powerhouse to the grid by removing the connection from the Caribou-Palermo line andinterconnecting the Grizzly Tap at the non-project230-kV BucksCreek-Cresta transmission line.The authorized installed capacity of the projectwouldremain unchanged, and the licensees indicatethat the workwouldnot require any adjustments to normal dam or powerhouse operations.The licenseesproposetocompletethis reconnection in a 3-phase process as outlined below. The licenseescompleted phase 1 in September 2020 andplan to initiate phase 2 and 3as soon as possible.The licensees propose to perform the following modifications within and adjacent to theexisting Bucks Creek substation yardas follows: Phase 1: Remove a 900-foot-long span of the conductor from the Bucks Creeksubstation yard across the North Fork Feather River to the de-energized Caribou-Palermo line. Phase 2: Add guy wires to three existing poles located in the right-of-way for the Grizzly Tap; Temporarily remove an approximately 300-feet-long span of conductor extending from the existing lattice tower to the three existing poles; Remove theexisting lattice tower supporting the conductor; Reinforce an existing access bridge by welding additional steel plates toits underside tosupport the weight of vehicles transporting electrical equipment. Phase 3: Demolishor removeof variousnon-project features within the Bucks Creek substation yard, including temporary removal of a 12-kVstation service line, a telecom cabinet, 12-kV current transformers, abandoned foundations,concrete culverts, trenches, conduits, cables, and fencing; Install additional non-project features including the 12-kV station service line and related equipment, a new weather station, and fencing; Installa115/230-kV transformer; Reinstallthe 300-feet-long span of conductor; Reconfigureaconductor within the substation yard; Install ancillary facilities such as new foundations and oilspill containment, breakers, and switches. 8.The licensees explain that all activities associated with thenon-capacity amendment application would occur within the existing footprint of previously disturbed areas of the Bucks Creek substation yard,the adjacent parking areas, adjacent roads and theexisting Grizzly Tap transmission right-of-way. The proposed work wouldprimarily Project No. 619-1714 bescheduled to be conducted outside of nesting season, and work areas would beoutside of any bald eagle nest management zones, outside of the range of the federally-listed Sierra Nevada yellow-legged frog, and not within habitat for federally-listed willow flycatcher. 9.The licensees indicate that project relicensing studies conducted in 2015 did not identify any special status plants or wildlife species in proximity to the work areas. However, thereare known occurrences of the invasive weeds yellow starthistle, Himalayan blackberry, and stinkwort near the bridge, along the access road to Bucks Creekpowerhouse, and near BucksCreeksubstation yard.Thelicenseesstate that they wouldimplement measures outlined in its Bucks Creek Noxious Weed Management Plan as required by Article 103of the project license, to limit the spread and introduction of invasive weeds. Consultation 10.IntheFebruary 10, 2021 supplemental filing, the licenseesincluded documentation of consultation with the Native American Heritage Commission(NAHC) and the local Native American Tribes. Neither theNAHC nor the local Tribesidentified onthe NAHCcontact listhad any comments opposing the licensees’ proposed action, indicating that therewere no known cultural resources or sacred lands within the vicinity of the area of potential effectsfor the undertaking. 11.As the proposed actions affect lands within the Plumas National Forest, the licensees also included documentation of consultation with the Forest Service inthe February 10, 2021 supplemental filing.By email datedOctober 6, 2020, PG&Enotified the Forest Service of the work encompassed by Phase 1 and Phase 2of its proposed Grizzly powerhouse reconnection project.The licensees indicatethat by email dated October 23, 2020, they supplemented the notificationtoinclude a description of the proposed work encompassed by Phase 3of its Grizzly powerhouse reconnection project as well. However this was not made clearto the Forest Service, and as a result, the Forest Service only initially reviewed thework encompassed by Phase 2 of the proposed undertaking.By email dated January 26, 2021, the licensees requested the Forest Service review the plansspecificallyfor Phase 3 of its proposed Grizzly powerhouse reconnection project. The licensees explain that because their biological assessment resulted in no resources other than Forest Service lands and potential historic properties being affected by the proposed undertaking, it did not consult with any other agencies. 12.The February 10, and March 17, 2021 supplemental filings, show that the Forest Service, by lettersdated January 15, and March 17, 2021, provided concurrencewith phases 2 and 3 of the licensees’ proposed Grizzly powerhouse reconnection project. In its concurrence letters, the Forest Service included conditions to incorporate weed mitigationproceduresto prevent spreading existing infestations and to prevent new Project No. 619-1715 infestations, as well astheidentification ofaheritage resource and Forest ServiceSite (Bucks Tramway & Incline Railroad),thatitrequestedbe avoided. Public Notice 13.OnDecember3, 2020, the Secretary of the Commission issued public notice that the amendment application was accepted for filing and soliciting comments, motions to intervene, and protests. TheCalifornia State Water Resources Control Board and the U.S. Fish and Wildlife Service filed motions to intervene on December 14 and 4 December17, 2021, respectively.Noothercomments, motions to intervene, or protests were filed. Threatened and Endangered Species 5 14.Section 7(a)(2) of the Endangered Species Act of 1973 (ESA)requires federal agencies to ensure that their actions are not likely to jeopardize the continued existence of endangered or threatened species, or result in the destruction or adverse modification of critical habitat. 15.During consultation, no effects to listed species were identified by thelicenseesor theresource agencies.As discussed further below, Commission staffalsoconcludesthat the proposed action would not affect federally-listed species. National Historic Preservation Act 6 16.Under section 106 of the National Historic Preservation Act,and its 7 implementing regulations,federal agencies must take into account the effect of any proposed undertaking on properties listed or eligible for listing in the National Register of Historic Places (defined as historic properties) and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on the undertaking. This generally requires the Commission to consult with the State Historic Preservation Officer (SHPO)to determine whether and how a proposed action may affect historic properties, and to seek ways to avoid any adverse effects. 4 Under Rule 214(a) of the Commission’s Rules of Practice and Procedure, the agencies became parties to the proceeding upon the timely filing of their notices of intervention. 18 C.F.R. § 385.214(a) (2020). 5 16U.S.C. § 1536(a)(2018). 6 54 U.S.C. § 306108 (2018). 7 36 C.F.R. Part 800 (2018). Project No. 619-1716 17.By letter dated October22, 2020, the PG&Erequested to be designated as the Commission’s non-federal representative for the purposes of section 106 consultation in thisproceeding.In a letter dated December9, 2020, Commission staff designatedPG&E as such.During the consultation between PG&E and the California SHPO,PG&E providedinformationregarding the undertaking, includingdefining the area of potential effect, indication of historic properties eligiblefor listing in the National Register of Historic Places, and a determination that the proposed undertaking would not result in adverse effects to historic properties.By letter filed on January 21, 2021, the California SHPO stated that, following its review of the proposed undertaking, it does not object to thefinding of no adverse effects to historic properties. Discussion A.Environmental Review 18.Commission staff has reviewed the project license, other information already on file, and the information provided by the licenseesintheirapplication to determine whether the proposed amendment would affect environmental resources at the project. Noaquatic resources would be affected under the proposal, because the proposed work would occur within theBucksCreeksubstation yard andadjacent facilities, and would not affect normal dam or powerhouse operations. Water quantity, water quality, and recreationwould therefore remain unaffected.The licensees and Commission staff consulted with theappropriateresource agencies, none of whichhad anycomments regardingadverse impacts to federally-listed species or other trust species.All activities associated with the non-capacity amendment application would occur within the existing footprint ofpreviously disturbed areas of the Bucks Creek substation yard,the adjacent parking areas, adjacent roads and the existing Grizzly Tap transmission right-of-way. 19.Further,Commission staff reviewed the Information for Planning and Consultation (IPaC) project-planning tool which provides information regarding listed species that may occur within the project footprint, and identified three federally-listed species potentially located, or affected by project actions including, California red-legged frog, 8 Sierra Nevada yellow-legged frog, and delta smelt.Given that theactions proposed under this amendment would occur in terrestrial areas, away from aquatic habitatand are also outside of the range andspecific habitat of these species, Commission staff determines that the actions proposed would not affect these or any other species listed under the Endangered Species Act. 20.In addition, the licensee’s proposal would primarily be conducted outside of nesting seasonand would be outside of any bald eagle nest management zones.The 8 U.S. Fish and Wildlife Service, Information for Planning and Consultation (IPaC): https://ecos.fws.gov/ipac/. Project No. 619-1717 licensees also plan to incorporate weed mitigation procedures to limit the spread and introduction of invasive weeds.These additional measures should minimize any additional effects to environmental resources in the project area. Finally,the proposed action would not adversely affect historic properties and neither the California SHPO nor any native American tribes raisedconcerns regardingimpact to historic properties. Therefore, Commission staff concludesthatissuance of an amendment to the licensees for the Bucks Creek Hydroelectric Project to modifytheproject facilitiesin order to reestablishthe transmission of power fromthe Grizzly powerhouse, would not constitute a major federal action significantly affecting the quality of the human environment. B.Revised Exhibits 21.In the November24, 2020 amendment application, thelicensees included, as Attachment D,part of an Exhibit A, which reflects the proposed change in the transmission line routeattheGrizzly Powerhouse Development.Although the filed Exhibit A does not contain the entire exhibit, the application contains sufficient information to revise the project description to reflect the proposed change in the transmission line. Therefore, ordering paragraph (B)of this order revises the project description in ordering paragraph (B)(2) of the license. 22.In addition, the licenseesincludedin the November 24, 2020 amendment 9 application, as Attachment E,and Attachment F,one revised ExhibitLdrawing,and onerevisedExhibit G drawing.Therevised Exhibit L and Exhibit G drawingsdo not conform to the Commission’s rules and regulationsas they are only marked up to depict the changes that would be required as a result of the proposed amendmentand do not actually incorporatethe proposed changes.Where newconstruction or modifications to the project are involved, the Commission requireslicensees to file revised drawings of project features as built. 23.TheBucks Creek Project is currently going through relicensing under a separate proceeding.Therefore, ordering paragraph (C) requiresthe licenseesto file the revised Exhibits A, L, and G, as applicable, to reflect as-built conditions, within 90 days of completion of the proposed Grizzly powerhouse reconnection project, or within 90 days of the issuance date of the new license, whichever is later. The Director orders: (A)Thenon-capacity amendment application filed on November 24, 2020, and supplemented February 10and March 17,2021 by Pacific Gas and Electric Companyand 9 At the time the original license was issued, the Exhibit L designation was used for general design drawings of principal project features, this type of drawing is now referred to as Exhibit F in 18 C.F.R. § 4.41(g) (2020). Project No. 619-1718 the City of Santa Clara, Californiatoimplement changesto theBucks Creek Hydroelectric Project No. 619in order to reconnect the Grizzly powerhouse to the grid, is approved. (B)This order revisesordering paragraph (B)(ii) of the license,as it relates to the description of the project transmission line to read as follows: (ii)Project works consisting of:“…;(16) a 4.0-mile-long, 115-kV transmission line interconnecting the development to PG&E’s non-project 230 kV Rock Creek-Cresta line,and 2.8 miles of road;” (C)As-Built Exhibits.Within 90 days of completion ofthe modifications of the facilities authorized by this order,or within 90 days of issuance date of the new license currently pending with the Commission under sub docket 164for the project, whichever is later,the licenseesmustfile for Commission approval, revised Exhibits A, Land G, as applicable, todescribe and show the project facilitiesas-built. The licenseesmust review the project description and the entire Exhibit A to ensure it is accurate and consistent with the amendment approved by this order. Any revised Exhibit A must befiled in its entirety, in two forms, a strikethrough format,i.e., strikethrough the items to be removed and underline or bold the items to be added to the exhibit; and a final, clean copy incorporatingthe changes, i.e., without the strikethrough, underline, and bold notations. Ifthe licenseesdetermine the previously approved exhibits reflect as-builtfacilities and no revisions are necessary, the licensees must file a letter stating the approved exhibits reflect the as-built project facilities. (D)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 §313(a) of the Federal Power Act, 16 U.S.C. § 825l(2018), and the Commission’s regulationsat 18 C.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 Resources Branch Division of HydropowerAdministration and Compliance