HomeMy WebLinkAbout05.06.2024 Board Correspondence - FW_ Delegated Order issued in FERC P-2107-026From:Clerk of the Board
To:Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Hancock, LeAnne; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Lee, Lewis; McDonnell, Susan; Pickett, Andy; Ritter, Tami; Stephens, Brad J.;
Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth; Loeser, Kamie
Cc:Nevers, Dawn
Subject:Board Correspondence - FW: Delegated Order issued in FERC P-2107-026
Date:Monday, May 6, 2024 11:28:16 AM
Please see Board correspondence -
-----Original Message-----
From: 'FERC eSubscription' <eSubscription@ferc.gov>
Sent: Monday, May 6, 2024 9:55 AM
Subject: Delegated Order issued in FERC P-2107-026
.ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying..
On 5/6/2024, 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 Granting Extension of Time to File 2023 Poe Bypass Reach Fish and Macroinvertebrate Monitoring Plan Report re Pacific Gas and Electric Company under P-2107.
To view the document for this Issuance, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20240506-
3025__;!!KNMwiTCp4spf!AjLP7roOavoBi7ocV1A2_t1Kg4uz3A8Q6ZQ_fb0d2SG9wPaKTeh4Vx2XHtaumOrHG0QBHSXn_bRvx66MxzgO0X2EiMTLZwXlEn_H$
To modify your subscriptions, click here:
https://urldefense.com/v3/__https://ferconline.ferc.gov/eSubscription.aspx__;!!KNMwiTCp4spf!AjLP7roOavoBi7ocV1A2_t1Kg4uz3A8Q6ZQ_fb0d2SG9wPaKTeh4Vx2XHtaumOrHG0QBHSXn_bRvx66MxzgO0X2EiMTLZ-
G96RH2$
------------------------------------------------------------------------
Please do not respond to this email.
Online help is available here:
https://urldefense.com/v3/__http://www.ferc.gov/efiling-
help.asp__;!!KNMwiTCp4spf!AjLP7roOavoBi7ocV1A2_t1Kg4uz3A8Q6ZQ_fb0d2SG9wPaKTeh4Vx2XHtaumOrHG0QBHSXn_bRvx66MxzgO0X2EiMTLZzYa0IHI$
or for phone support, call 866-208-3676.
Comments and Suggestions can be sent to this email address: mailto:FERCOnlineSupport@Ferc.gov
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas and Electric Company Project No.2107-026
ORDER GRANTING EXTENSION OF TIME
TO FILE 2023 POE BYPASS REACH FISH AND MACROINVERTEBRATE
MONITORING PLAN REPORT
(Issued May 6, 2024)
1.On April 8, 2024, Pacific Gas and Electric Company (licensee) filed a request with
the Federal Energy Regulatory Commission (Commission) for an extension of time to file
its 2023 Poe Bypass Reach Fish Monitoring Report, required by the Poe Bypass Reach
Fish and Benthic Macroinvertebrate Monitoring Plan (Plan),for the Poe Hydroelectric
Project No. 2107 license.1 The project 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).
2.The Commission approved the licensee’s Plan on April 16, 2020. The Plan, in
part,detailed that surveys for both fish and benthic macroinvertebrates would be
conducted during three of every five years of license implementation (in years 2, 3, and 4
of the first five-year term of the license). The 2023 sample year represents year 4 of the
first five-year term of the license. Annual reports are to be filed with the Commission by
May 31 of the year following monitoring.
3.The licensee reports that while fish and benthic macroinvertebrate monitoring
occurred in 2023 as required, the laboratory they contracted to assess the
macroinvertebrate samples was unable to complete the assays in time to meet the
reporting deadline. They report that the sampling data and preliminary report will be
made available to the resource agencies (i.e., the California Department of Fish and
Wildlife (California DFW), California State Water Resources Control Board, U.S. Fish
and Wildlife Service (FWS), and Forest Service)by May 15, 2024. The Plan also allots
time for agency review and comment prior to submission of the final version of the
annual report to the Commission. Assuming a 30-day agency review period and
sufficient time for the licensee to address any comments received, the licensee requests
an extension of time to file their 2023 report with the Commission until June 30, 2024.
1 Order Issuing New License (165 FERC ¶ 62,172), issued December 17, 2018.
Document Accession #: 20240506-3025 Filed Date: 05/06/2024
Project No. 2107-026 2
4.The licensee notified the resource agencies regarding its request on March 1, 2024,
via email, and received concurrence from the California DFW and FWS. The other
agencies did not provide a response.
5.The reason advanced by the licensee to extend the deadline for filing its report
with the Commission is reasonable and represents a delay that is beyond the licensee’s
control. In addition, its request represents a relatively short amount of time beyond the
requisite May 31 deadline and includes an opportunity for the resource agencies to
review and comment on the report prior to filing with the Commission. Therefore, the
licensee’s request should be approved.
The Director orders:
(A)Pacific Gas and Electric Company’s (licensee)request,filed with the
Federal Energy Regulatory Commission (Commission) on April 8, 2024,to extend the
deadline for filing its 2023 Poe Bypass Reach Fish and Benthic Macroinvertebrate
Monitoring Report, required by the Poe Bypass Reach Fish and Benthic
Macroinvertebrate Monitoring Plan, is approved. The licensee shall file its 2023 Poe
Bypass Reach Fish and Benthic Macroinvertebrate Monitoring Report with the
Commission by June 30, 2024.
(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 §
313(a) of the Federal Power Act, 16 U.S.C. § 825l, and the Federal Energy Regulatory
Commission’s regulations at 18 C.F.R. § 385.713 (2023). 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
Document Accession #: 20240506-3025 Filed Date: 05/06/2024
Document Content(s)
P-2107-026_Fish BMI Report EOT.docx .......................................1Document Accession #: 20240506-3025 Filed Date: 05/06/2024