HomeMy WebLinkAbout05.02.2024 Board 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: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: Request for Delay of Action/Extension of Time submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al.
Date:Thursday, May 2, 2024 4:53:22 PM
Please see Board correspondence -
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Sent: Thursday, May 2, 2024 6:05 AM
Subject: Request for Delay of Action/Extension of Time submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al.
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On 5/2/2024, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.:
Filer: Pacific Gas and Electric Company
PG&E Corporation (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 request for an extension of time until 06/30/2024 to file Results of 2023 Surveys for Foothill Yellow-Legged
Frog on the PoeReach of the North Fork Feather River Annual Report for the Poe 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=20240502-
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Power Generation 300 Lakeside Drive Oakland, CA 94612 Mailing Address: P.O. Box 28209 Oakland, CA 94604 May 1, 2024 Via Electronic Submittal (E-File) Debbie-Anne Reese, Acting Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 RE: Poe Hydroelectric Project, FERC No. 2107-CA
Poe Amphibian Monitoring Plan
Extension of Time Request – Annual Report Dear Secretary Reese: This letter presents Pacific Gas and Electric Company’s (PG&E) request for an extension
of time to file the Results of 2023 Surveys for Foothill Yellow-Legged Frog on the Poe
Reach of the North Fork Feather River (Annual Report) for PG&E’s Poe Hydroelectric
Project, Federal Energy Regulatory Commission (FERC) No. 2107. Pursuant to the Poe Amphibian Monitoring Plan (Plan), on March 15, 2024, PG&E filed the draft Annual Report
with the United States Department of Agriculture, Forest Service, California’s State Water
Resources Control Board, United States Fish and Wildlife Service (USFWS), and
California Department of Fish and Wildlife (CDFW; collectively Agencies) by email . On
April 30, 2024, CDFW and USFWS requested more time to review and comment on the
Annual Report due to subject matter experts being busy with the field season . PG&E
respectfully requests until June 30, 202 4, to file the Annual Report with FERC. Documentation of Agency consultation is provided as Enclosure 1. For general questions, please contact Sky Ramirez-Doble, license coordinator for PG&E,
at (530) 250-7002. Sincerely, Matt hew Joseph Supervisor , Hydro License Management
Document Accession #: 20240502-5036 Filed Date: 05/02/2024
ENCLOSURE 1
Document Accession #: 20240502-5036 Filed Date: 05/02/2024
From:Maher, Michael@Wildlife
To:Ramirez-Doble, Sky; Bartoo, Aondrea; Lawson, Beth@Wildlife; Dyke, Jessica@Waterboards; Fisch,
Nathan@Waterboards; Sable, Kurt A -FS; Brenzovich, Erika -FS; Alvarez, Dawn -FS; Cayo, Lori -FS
Cc:Joseph, Matthew; McCready, Chadwick; Herman, Andie; Johnson, Shannon; Reyes, Catalina; Walther, Janet
Subject:RE: [EXTERNAL] FERC 2107: 2023 Draft Potential Deviation of FERC’s July 28, 2023 Order, Paragraph C
Date:Tuesday, April 30, 2024 3:15:31 PM
Attachments:image001.png
image002.png
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Thank you Sky. I appreciate you sending the request.
Michael Maher
Region 2 FERC Coordinator | ( Cell: 916-597-5505
California Department of Fish & Wildlife | North Central Region
1701 Nimbus Road, Rancho Cordova | michael.maher@wildlife.ca.gov
From: Ramirez-Doble, Sky <S9RV@pge.com>
Sent: Tuesday, April 30, 2024 11:22 AM
To: Maher, Michael@Wildlife <Michael.Maher@wildlife.ca.gov>; Bartoo, Aondrea
<aondrea_bartoo@fws.gov>; Lawson, Beth@Wildlife <Beth.Lawson@wildlife.ca.gov>; Dyke,
Jessica@Waterboards <Jessica.Dyke@Waterboards.ca.gov>; Fisch, Nathan@Waterboards
<Nathan.Fisch@Waterboards.ca.gov>; Sable, Kurt A -FS <kurt.sable@usda.gov>; Brenzovich, Erika -FS
<erika.brenzovich@usda.gov>; Alvarez, Dawn -FS <dawn.alvarez@usda.gov>; Cayo, Lori -FS
<lori.cayo@usda.gov>
Cc: Joseph, Matthew <MWJA@pge.com>; McCready, Chadwick <COMM@pge.com>; Herman, Andie
<AEHb@pge.com>; Johnson, Shannon <SxDm@pge.com>; Reyes, Catalina <CERh@pge.com>;
Walther, Janet <JMW3@pge.com>
Subject: RE: [EXTERNAL] FERC 2107: 2023 Draft Potential Deviation of FERC’s July 28, 2023 Order,
Paragraph C
WARNING: This message is from an external source. Verify the sender and exercise caution when clicking links or
opening attachments.
Hi Leigh and Michael,
I was not present at the April 3, 2024 meeting; however, it’s was my understanding that a revised
report would be sent to the Agencies after the comment period. This way, all comments could be
incorporated into the report without multiple revisions. However, based on your comments below an
extension of time request seems appropriate. PG&E will need to file one with FERC to change the plan
required due date.
I’ll file a letter with FERC requesting an EOT and cite your request below as justification. PG&E will
request agencies have until May 31, 2024 to comment and PG&E have until June 30, 2024 to file the
Document Accession #: 20240502-5036 Filed Date: 05/02/2024
report with FERC.
With gratitude,
Sky Ramirez-Doble
He/Him/His
Hydro License Coordinator | Power Generation
Pacific Gas & Electric Company
c: (530) 250-7002 e: s9rv@pge.com
From: Maher, Michael@Wildlife <Michael.Maher@wildlife.ca.gov>
Sent: Tuesday, April 30, 2024 10:30 AM
To: Bartoo, Aondrea <aondrea_bartoo@fws.gov>; Ramirez-Doble, Sky <S9RV@pge.com>; Lawson,
Beth@Wildlife <Beth.Lawson@wildlife.ca.gov>; Dyke, Jessica@Waterboards
<Jessica.Dyke@Waterboards.ca.gov>; Fisch, Nathan@Waterboards
<Nathan.Fisch@Waterboards.ca.gov>; Sable, Kurt A -FS <kurt.sable@usda.gov>; Brenzovich, Erika -FS
<erika.brenzovich@usda.gov>; Alvarez, Dawn -FS <dawn.alvarez@usda.gov>; Cayo, Lori -FS
<lori.cayo@usda.gov>
Cc: Joseph, Matthew <MWJA@pge.com>; McCready, Chadwick <COMM@pge.com>; Herman, Andie
<AEHb@pge.com>; Johnson, Shannon <SxDm@pge.com>; Reyes, Catalina <CERh@pge.com>;
Walther, Janet <JMW3@pge.com>
Subject: RE: [EXTERNAL] FERC 2107: 2023 Draft Potential Deviation of FERC’s July 28, 2023 Order,
Paragraph C
CAUTION: EXTERNAL SENDER!
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That was my understanding as well Leigh. Sky could we extend the comment deadline to allow
time to review and comment on the updated report once it is distributed? I have been waiting to
give our amphibian specialists the report. They are very busy with field work just starting up and
I didn’t want to make them review something twice.
Thank you,
Michael Maher
Region 2 FERC Coordinator | ( Cell: 916-597-5505
California Department of Fish & Wildlife | North Central Region
1701 Nimbus Road, Rancho Cordova | michael.maher@wildlife.ca.gov
From: Bartoo, Aondrea <aondrea_bartoo@fws.gov>
Sent: Tuesday, April 30, 2024 8:05 AM
To: Ramirez-Doble, Sky <S9RV@pge.com>; Lawson, Beth@Wildlife <Beth.Lawson@wildlife.ca.gov>;
Maher, Michael@Wildlife <Michael.Maher@wildlife.ca.gov>; Dyke, Jessica@Waterboards
<Jessica.Dyke@Waterboards.ca.gov>; Fisch, Nathan@Waterboards
Document Accession #: 20240502-5036 Filed Date: 05/02/2024
<Nathan.Fisch@Waterboards.ca.gov>; Sable, Kurt A -FS <kurt.sable@usda.gov>; Brenzovich, Erika -FS
<erika.brenzovich@usda.gov>; Alvarez, Dawn -FS <dawn.alvarez@usda.gov>; Cayo, Lori -FS
<lori.cayo@usda.gov>
Cc: Joseph, Matthew <MWJA@pge.com>; McCready, Chadwick <COMM@pge.com>; Herman, Andie
<AEHb@pge.com>; Johnson, Shannon <SxDm@pge.com>; Reyes, Catalina <CERh@pge.com>;
Walther, Janet <JMW3@pge.com>
Subject: Re: [EXTERNAL] FERC 2107: 2023 Draft Potential Deviation of FERC’s July 28, 2023 Order,
Paragraph C
WARNING: This message is from an external source. Verify the sender and exercise caution when clicking links or
opening attachments.
Following up.
I believe comments are due by tomorrow. However, it was my understanding that an
updated draft would be circulated including text covering the discussions we had at our
April 3 meeting. I do not recall having seen that updated draft, so am following up in the
event I've missed it. Thanks!
A. Leigh Bartoo
US Fish and Wildlife Service
Bay-Delta Fish and Wildlife Office
650 Capitol Mall, Suite 8-300
Sacramento, California 95814
916-930-5621
Pronouns: she/her/hers
Please contact me by email while staff are working from home.
From: Ramirez-Doble, Sky <S9RV@pge.com>
Sent: Friday, March 15, 2024 10:52 AM
To: Bartoo, Aondrea <aondrea_bartoo@fws.gov>; 'Lawson, Beth@Wildlife'
<Beth.Lawson@wildlife.ca.gov>; Maher, Michael@Wildlife <Michael.Maher@wildlife.ca.gov>; Dyke,
Jessica@Waterboards <Jessica.Dyke@Waterboards.ca.gov>; Fisch, Nathan@Waterboards
<Nathan.Fisch@waterboards.ca.gov>; Sable, Kurt A -FS <kurt.sable@usda.gov>; Brenzovich, Erika -FS
<erika.brenzovich@usda.gov>; Alvarez, Dawn -FS <dawn.alvarez@usda.gov>; Cayo, Lori -FS
<lori.cayo@usda.gov>
Cc: Joseph, Matthew <MWJA@pge.com>; McCready, Chadwick <COMM@pge.com>; Herman, Andie
Document Accession #: 20240502-5036 Filed Date: 05/02/2024
<AEHb@pge.com>; Johnson, Shannon <SxDm@pge.com>; Reyes, Catalina <CERh@pge.com>;
Walther, Janet <JMW3@pge.com>
Subject: [EXTERNAL] FERC 2107: 2023 Draft Potential Deviation of FERC’s July 28, 2023 Order,
Paragraph C
This email has been received from outside of DOI - Use caution before clicking on
links, opening attachments, or responding.
Hello Agencies,
This letter presents the Results of 2023 Surveys for Foothill Yellow-Legged Frog on the Poe Reach of
the North Fork Feather River, and Pacific Gas and Electric Company’s (PG&E) report of a potential
deviation regarding the Federal Energy Regulatory Commission’s July 28, 2023 order for PG&E’s Poe
Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107.
Pursuant to the Amphibian Monitoring Plan, the draft Results of 2023 Surveys for Foothill Yellow-
Legged Frog on the Poe Reach of the North Fork Feather River are due to agencies on or before March
15 of each year. If you have comments, please provide them by May 1, 2024. This will allow for
enough time to meet and discuss if necessary or requested. PG&E will file a final report with FERC by
May 31, 2024.
The potential deviation occurred between August 5, 2023, and September 1, 2023. PG&E reported
the potential deviation to the United States Department of Agriculture, Forest Service (Forest
Service), California’s State Water Resources Control Board (SWRCB), United States Fish and Wildlife
Service (USFWS), and California Department of Fish and Wildlife (collectively Agencies) by email on
March 15, 2024.
Background Information and Summary of Incident
On April 7, 2023, PG&E requested a temporary variance of the minimum instream flow (MIF)
requirements found in the SWRCB’s Water Quality Certification (WQC) Condition 1 and Forest Service
Condition No. 23. On May 30, 2023, June 9, 2023, and July 7, 2023, PG&E supplemented the original
April 7, 2023, request with additional information. The variance request was from June 1, 2023, to
November 1, 2023, and was for the purpose of allowing PG&E to temporarily reduce flows so that a
cofferdam could be installed upstream of the radial bypass gate to facilitate recoating and
replacement of seals on the radial bypass gate of Poe Dam. PG&E requested to reduce flows from 500
cfs to 100 cfs.
PG&E proposed following Protocol 2 of the Poe Ramping Rates Plan to reduce flows from 500 cfs to
100 cfs by reducing flows by 10% every two days until the 100 cfs variance target was reached. This
ramp down protocol was developed in consultation with the Agencies to protect Foothill Yellow-
Document Accession #: 20240502-5036 Filed Date: 05/02/2024
Legged Frogs (Rana boylii; FYLF). On July 7, 2023, PG&E proposed six additional measures to offset
potential effects to FYLF because of the USFWS proposed listing of four distinct population segments
of FYLF under the Endangered Species Act. These measures were agreed to by the Agencies and
approved by FERC. FYLF were listed on August 29, 2023; however, listings do not go into effect until
30 days after publication. The effective date of FYLF listing was September 28, 2023.
Table 1. Compliance gage NF-23 flow data in cubic feet per second, two-day flow average, and
percent change during the MIF variance ramp-down period.
Date NF-23 (cfs)Two-day average % change
8/4/2023 575 575
8/5/2023 541
535.5
-7%8/6/2023 530
8/7/2023 497
492
-8%8/8/2023 487
8/9/2023 453
448.5
-9%8/10/2023 444
8/11/2023 419
414
-8%8/12/2023 409
8/13/2023 390
385.5
-7%8/14/2023 381
8/15/2023 361
358
-7%8/16/2023 355
8/17/2023 330
324.5
-9%8/18/2023 319
8/19/2023 298
291.5
-10%8/20/2023 285
8/21/2023 270
263
-10%8/22/2023 256
8/23/2023 239
237.5
-10%8/24/2023 236
8/25/2023 231
232.5
-2%8/26/2023 234
8/27/2023 218
215
-8%8/28/2023 212
8/29/2023 192
194.5
-10%8/30/2023 197
8/31/2023 185
177.5
-9%9/1/2023 170
On July 28, 2023, FERC issued an order approving the temporary variance of MIF requirements under
SWRCB WQC Condition 1 and Forest Service 4(e) Condition No. 23. Ordering paragraph C states the
following:
(C) In the event of any observed impacts to foothill yellow-legged frog during the variance
Document Accession #: 20240502-5036 Filed Date: 05/02/2024
ramp-down, the licensee must immediately halt the ramp-down and contact the U.S. Fish and
Wildlife Service and Commission staff to determine how to proceed with flow management at
the project.
During the flow reduction to reach the desired flow of 100 cfs, PG&E complied with the 10% flow
reduction every two days (Table 1). Pursuant to the PG&E proposed and FERC approved conservation
measures, PG&E conducted 10 surveys at FYLF breeding sites between August 4, 2023, and
September 1, 2023. These surveys were focused on locating tadpole groups, monitoring habitat
conditions, and recording potential strandings that might have occurred during the variance flow
reduction. When located, tadpole groups were flagged and labeled by subsite name and group letter.
Measurements were taken from the original flagged location and included distance from shore (if
found in edgewater) and distance to edgewater (if found stranded on land), maximum depth, surface
velocity, and water temperature. Tadpole groups were considered stranded when surveyors
encountered dead or dying tadpoles, tadpoles that required rescue, or signs that tadpoles were
present before edgewater habitat was lost (i.e. feces).
According to the draft report Results of 2023 Surveys for Foothill Yellow-Legged Frog on the Poe Reach
of the North Fork Feather River, during the August variance surveys, a total of 24 tadpole groups were
observed. Of those, 18 (75%) tadpole groups became stranded during the draw-down. There were
529 (86.4%) tadpoles found alive in edgewater, 77 (12.6%) stranded tadpoles were rescued and
moved to the edgewater, and another six (1%) were found stranded and dead. PG&E did not stop
work in accordance with Ordering paragraph C in the License Amendment.
The Poe Dam Bypass Gate Cofferdam Project was anticipated for construction between August and
November 2023. To support this construction window, PG&E submitted a construction authorization
request with FERC on May 10, 2023. In a letter to PG&E dated August 24, 2023, FERC responded not
authorizing the work to proceed and providing 11 comments for PG&E to address. The Poe Dam
Bypass Gate Cofferdam Project is anticipated for construction in 2025. PG&E will submit another MIF
variance request to support this work.
Investigation and Evaluation
Pursuant to Ordering paragraph C of FERC’s July 28, 2023 order, PG&E should have immediately
halted the ramp down and contacted FERC and USFWS; however, PG&E did not become aware of the
impacts to FYLF until the draft report was developed and sent to PG&E. After receiving the report
from PG&E’s consultant in March 2024, PG&E became aware that there were impacts to foothill
yellow-legged frog during the variance ramp-down. Upon becoming aware of this fact, PG&E made a
notification to the Agencies and FERC as soon as possible.
Environmental Review
Considering these apparent impacts of spill recession operations to FYLF breeding activities,
recruitment was still high in 2023. The impacts to FYLF in 2023 is typical of other wet water years, for
example 2017 and 2019 (Figure 1).
Document Accession #: 20240502-5036 Filed Date: 05/02/2024
Figure 1. Annual egg mass counts on the Poe Reach, 2002–2023.
The problematic period was not the ramp down to reach variance flows, but the Spill Recession
Protocol 2 (Figure 2). The conservation measures proposed by PG&E and approved by FERC were
successful at minimizing impacts to FYLF; specifically, the ability to relocate egg masses in peril of
desiccation and delayed implementation of down-ramping below 500 cfs until all observed tadpoles
were of mobile swimming size. During the variance surveys, most FYLF tadpoles observed stranded
were rescued and lived. The conservation measures resulted in only 1% of observed stranded FYLF
tadpoles being found dead.
Document Accession #: 20240502-5036 Filed Date: 05/02/2024
Figure 2. River flow and water temperatures in relation to FYLF oviposition period with scouring and
stranding of egg masses/tadpoles in the Poe Reach, 2023.
Corrective Actions
PG&E’s current protocol is to pass along the variance approval information via email to the
appropriate PG&E personnel (i.e. operations, water management, biologists, etc.). In the future, PG&E
licensing team will hold a variance kick-off meeting with all personnel involved in the variance (i.e.
operations, water management, biologists, project management, and contractors). During this
meeting, the licensing team will walk through the approval with the relevant personnel, which should
ensure all relevant internal parties are made aware of the specific conditions of the variance
approval. In addition to this immediate corrective action, PG&E will further evaluate the cause and
implement additional controls if deemed necessary.
Closing
All effects to FYLF occurred before the effective listing date of September 28, 2023. Although PG&E
should have halted the ramp down to reach variance flows and communicated to FERC and USFWS
immediately, the implemented conservation measures minimized the impacts to the FYLF during this
event. As discussed above, PG&E has put in place measures to ensure a similar incident does not
occur going forward and will continue to evaluate potential additional internal control measures.
More information concerning the impacts of Poe flows on FYLF in Attachment 1.
With gratitude,
Sky Ramirez-Doble
Document Accession #: 20240502-5036 Filed Date: 05/02/2024