HomeMy WebLinkAbout9.12.22 Board Correspondence - FW_ Delegated Order issued in FERC P-2107-050From:Clerk of the Board
To:Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Hironimus, Patrizia; Kimmelshue, Tod; Lucero, Debra; Paulsen, Shaina; Pickett, Andy;
Reaster, Kayla; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Valencia, Shyanne
Subject:Board Correspondence - FW: Delegated Order issued in FERC P-2107-050
Date:Monday, September 12, 2022 8:06:38 AM
Please see Board Correspondence below.
Shaina Paulsen
Associate Clerk of The Board
Butte County Administration
25 County Center Drive, Suite 200, Oroville, CA 95965
T: 530.552.3304 | F: 530.538.7120
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Subject: Delegated Order issued in FERC P-2107-050
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On 9/12/2022, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-2107-050
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Delegated Order
Description: Order Modifying and Approving Temporary Monitoring Modifications under Article 401 re Pacific Gas and Electric Company under P-2107.
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180 FERC ¶ 62,130
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas and Electric Company Project No. 2107-050
ORDER MODIFYING AND APPROVING TEMPORARY MONITORING
MODIFICATIONS UNDER ARTICLE 401
(Issued September 12, 2022)
1. On August 24, 2022, Pacific Gas and Electric Company (licensee) filed a request
with the Federal Energy Regulatory Commission (Commission) for a temporary variance
of instream flows, and temporary modifications to benthic macroinvertebrate (BMI)
monitoring locations and fish population monitoring protocols for the Poe Hydroelectric
Project No. 2107. The project is located on the North Fork Feather River, just upstream
of Lake Oroville, near the town of Pulga, in Butte County, California. The project
occupies federal lands within the Plumas National Forest.
Background and License Requirements
2. Article 401(a) of the project license 1 requires, in part, that the licensee file a
Bypass Reach Biological Monitoring Plan with the Commission for approval within one
year from project license issuance. The licensee must include documentation that it
developed the Bypass Reach Biological Monitoring Plan in consultation with the
California State Water Resources Control Board (California SWRCB) and the U.S.
Forest Service (Forest Service), and provide copies of any comments received, as well as
its response to each comment. Furthermore, any changes made to the Bypass Reach
Biological Monitoring Plan will require Commission approval prior to implementing any
proposed changes.
3. Appendix A of the project license contains the Water Quality Certification (WQC)
conditions issued by the California SWRCB filed on December 29, 2017, and Appendix
B of the project license contains the Federal Power Act section 4(e) conditions issued by
the Forest Service filed on July 9, 2018. Condition 9 of the WQC and condition 25 of the
4(e) conditions, require that the licensee’s plan outline methods for monitoring fish
populations, benthic macroinvertebrates, and amphibians in the Poe bypass reach for the
duration of the project license. Through discussion with the resource agencies, the
licensee’s Bypass Reach Biological Monitoring Plan was developed into two separate
1 Order Issuing New License (165 FERC ¶ 62,172), issued December 17, 2018.
Project No. 2107-050 - 2 -
plans: A Bypass Reach Fish and Benthic Macroinvertebrate Plan, and an Amphibian
Monitoring Plan, which were filed with the Commission on December 17, 2019 and
March 30, 2020, respectively.
4. On April 16, 2020, the Commission approved the licensee’s Bypass Reach Fish
and Benthic Macroinvertebrate Monitoring Plan (Plan),2 which states that fish
populations will be monitored by utilizing both electrofishing methods to observe smaller
individual fish, and snorkel surveys to observe larger individual fish. While conducting
fish population and benthic macroinvertebrate community monitoring activities in
accordance with the approved Plan, the licensee will also monitor real-time water
temperatures at all designated monitoring sites.
5. Condition 1 of the project’s WQC and condition 23 of Forest Service’s 4(e)
conditions both set forth instream flow requirements to be released into the Poe bypass
reach (Poe reach) during each month of the year, and under a specified water year
classification. Specifically, the licensee is required to release 300 cubic feet per second
(cfs) to the Poe reach during September during a dry water year classification.
6. Finally, the Plan allows the licensee to reduce streamflow to implement the Plan.
When reducing stream flows, the licensee must: 1) implement the Plan between
September 15 and October 15, with the goal of completing monitoring by the end of
October; 2) reduce streamflow to no less than 55 cfs; 3) reduce streamflow no longer than
10 days; 4) use ramping rates during the streamflow reduction that are no greater than
100 cfs per hour; and 5) reduce streamflow only if no whitewater boating releases have
occurred for 7 consecutive days. Finally, if during such reduced flows fish population
monitoring illustrates significant increases in water temperature trending to or above
23°C, the licensee will return flows to the pre-variance levels, and postpone monitoring
until water temperatures can be maintained below 23°C. Likewise, if there were any
signs of fish mortality, stranding, or obvious distress, the licensee will return flows to the
pre-variance levels and postpone monitoring until water temperatures can be maintained
below 23°C.
Licensee’s Request
7. The licensee requests a temporary variance of the instream flow requirements,
BMI monitoring site locations, and fish population monitoring methods for one of the
proposed reference sites within the bypass reach. Specifically, the licensee states that it is
planning to conduct fish and benthic macroinvertebrate monitoring in accordance with its
approved Plan, and proposes to: 1) reduce the instream flow to 55 cfs beginning on
September 18, 2022 and lasting through September 28, 2022 for a total of 10 days; 2)
replace the BMI monitoring site of Stag Creek with Yellow Creek; 3) not conduct BMI
2 171 FERC ¶ 62,050
Project No. 2107-050 - 3 -
monitoring at the Milsap Bar monitoring site; and 4) only perform snorkel surveys at the
Bardees Bar monitoring site, and forego backpack electrofishing. The proposed changes
would be implemented to provide adequate and safe stream conditions to conduct
biological monitoring required under the approved Plan.
Agency Consultation
8. The licensee provided a written request to the resource agencies for concurrence to
temporarily reduce stream flows, change several BMI site locations, and modify fish
population monitoring protocol at Bardees Bar to safely conduct required fish and BMI
monitoring. The request was submitted on July 19, 2022, supplemented on August 4,
2022, and was distributed via email to the Forest Service, California SWRCB, California
Department of Fish and Wildlife (California DFW), and U.S. Fish and Wildlife Service
(FWS). By emails dated July 26, 2022, August 5, 2022, August 19, 2022, and August 23,
2022, the resource agencies concurred with the licensee’s proposed flow variance and
monitoring modifications.
Discussion and Conclusion
9. The licensee is requesting Commission approval for a temporary variance of the
instream flow requirement, and temporary modifications to monitoring site locations and
monitoring protocol at the project to facilitate Commission-approved fish and benthic
macroinvertebrate monitoring activities. The proposed modifications will result in a
reduction of flow for the designated dry year classification from 300 cfs to 55 cfs for 10
days in September 2022, will authorize the licensee to perform snorkel survey monitoring
only at the Bardees Bar monitoring site and forego backpack electrofishing, not conduct
BMI monitoring at the Milsap Bar monitoring site, and replace the BMI monitoring site
of Stag Creek with Yellow Creek as an alternate monitoring site.
10. The licensee’s proposed reduced streamflow is necessary to implement its
approved Plan safely and effectively. Reducing streamflow to ensure personnel safety
and effective monitoring during the requisite period was contemplated during
development of the Plan and approved by the Commission’s April 2020 order.
Therefore, the licensee is allowed to reduce streamflow, as long as the licensee abides by
the flow stipulations per the Plan, which it is proposing to follow. Thus, specific
approval of the flow variance is not needed from the Commission. However, as
proposed, the licensee should immediately return flows to 300 cfs if water temperatures
start trending to or exceed 23°C during the time which instream flows are reduced, or if
any signs of fish mortality, stranding, or obvious distress are observed. Furthermore,
ramping rates during the time of the proposed flow variance will be limited to no more
than 100 cfs per hour to prevent fish stranding. The additional modifications requested
by the licensee involving monitoring site locations and monitoring protocol will have no
affect on aquatic resources.
Project No. 2107-050 - 4 -
11. While safeguards are built into the licensee’s approved Plan for the protection of
aquatic resources, the licensee should be required to conduct daily visual inspections of
the monitoring reach to evaluate any biological response to the instream flow variance. If
there are any signs of fish mortality, stranding, or obvious distress, the licensee should
consult with the Forest Service, California DFW, and FWS on a modified flow reduction
protocol before resuming flow reductions and monitoring activities, in addition to
returning flows to the pre-variance levels and postponing monitoring until water
temperatures can be maintained below 23°C accordingly.
12. The licensee’s monitoring modifications will facilitate fish and BMI monitoring
activities to meet the requirements of the project license and promote the safety of staff
conducting monitoring activities. The licensee developed its proposal in consultation
with, and has consistent support from, the resource agencies. Therefore, the licensee’s
proposed monitoring modifications should be approved.
The Director orders:
(A) Pacific Gas and Electric Company’s (licensee) request for a temporary
modification of benthic macroinvertebrate monitoring site locations, and fish population
monitoring methods for one of three reference sites at the Poe Hydroelectric Project No.
2107, filed with the Federal Energy Regulatory Commission (Commission) on August
24, 2022, as modified by paragraph (B), is approved.
(B) The licensee must conduct daily visual inspections of the monitoring reach
to evaluate any biological response to the instream flow variance. If there are any signs
of fish mortality, stranding, or obvious distress, the licensee must consult with the U.S.
Forest Service, California Department of Fish and Wildlife, and U.S. Fish and Wildlife
Service on a modified flow reduction protocol before resuming flow reductions and
monitoring activities, in addition to returning flows to the pre-variance levels and
postponing monitoring until water temperatures can be maintained below 23°C.
Project No. 2107-050 - 5 -
(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, and the Commission’s
regulations at 18 C.F.R. § 385.713 (2021). 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 licensee’s failure to file a request for rehearing shall constitute acceptance of
this order.
Andrea Claros
Chief, Aquatic Resources Branch
Division of Hydropower Administration
and Compliance