HomeMy WebLinkAbout05.17.2024 Board Correspondence - FW_ Compliance Directives issued in FERC P-619-000From:Clerk of the Board
To:Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue,
Tod; Kitts, Melissa; Lee, Lewis; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda,
Elizabeth; Loeser, Kamie
Cc:Nevers, Dawn
Subject:Board Correspondence - FW: Compliance Directives issued in FERC P-619-000
Date:Friday, May 17, 2024 8:29:28 AM
Please see Board correspondence -
-----Original Message-----
From: 'FERC eSubscription' <eSubscription@ferc.gov>
Sent: Friday, May 17, 2024 5:25 AM
Subject: Compliance Directives issued in FERC P-619-000
.ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments,
clicking on links, or replying..
On 5/16/2024, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-619-000
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Compliance Directives
General Correspondence
Description: Letter to Pacific Gas and Electric Company discussing the 12th Part 12D Independent Consultant's Safety
Inspection Reports, that is due by 11/01/2025 for the Bucks Lake and Lower Bucks Lake Dams, part of the Bucks Creek
Hydroelectric Project under P-619.
To view the document for this Issuance, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?
accession_num=20240516-3083__;!!KNMwiTCp4spf!A6q1PFt2URGd5YzyguUrN-
aGES1n99e1WTU64E5jrNDLpglJW62Gs4pTxEKJ1k8zkZYosG9x6iU2h4PaT34O1CqvE9qioIt1cuRd$
To modify your subscriptions, click here:
https://urldefense.com/v3/__https://ferconline.ferc.gov/eSubscription.aspx__;!!KNMwiTCp4spf!A6q1PFt2URGd5YzyguUrN-
aGES1n99e1WTU64E5jrNDLpglJW62Gs4pTxEKJ1k8zkZYosG9x6iU2h4PaT34O1CqvE9qioPZMS32o$
------------------------------------------------------------------------
Please do not respond to this email.
Online help is available here:
https://urldefense.com/v3/__http://www.ferc.gov/efiling-help.asp__;!!KNMwiTCp4spf!A6q1PFt2URGd5YzyguUrN-
aGES1n99e1WTU64E5jrNDLpglJW62Gs4pTxEKJ1k8zkZYosG9x6iU2h4PaT34O1CqvE9qioJymSxBR$
or for phone support, call 866-208-3676.
Comments and Suggestions can be sent to this email address: mailto:FERCOnlineSupport@Ferc.gov
FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections – San Francisco Regional Office 100 First Street, Suite 2300 San Francisco, CA 94105-3084 (415) 369-3300 May 16, 2024 In reply refer to: Project No. 619-CA VIA FERC SERVICE Mr. Russell Cruzen, P.E., Director Power Generation, Asset Excellence Pacific Gas and Electric Company 300 Lakeside Dr. Oakland, CA 94612-3534 Subject: 12th Part 12D Reports, for Periodic Inspections of the Bucks Lake and Lower
Bucks Lake Dams, are due by November 1, 2025 Dear Mr. Cruzen: This letter is to inform you that the 12th Part 12D Independent Consultant’s Safety
Inspection Reports (Part 12D Reports) for the Bucks Lake and Lower Bucks Lake Dams ,
part of the Bucks Creek Hydroelectric Project, FERC Nos. 619-02-01 and 619-03-01 are
due to be submitted to this office by November 1, 2025. This letter contains important information about the required scope and
con tents of the Part 12D Report and reflects changes to the Commission’s
regulations that were implemented by Order 880 and went into effect on April 11,
2022. We encourage you to read this letter in its entirety, as well as the regulations
and associated Gui delines. General Requirements Code of Federal Regulations (CFR) Title 18 , Part 12, Subpart D establishes the
Commission’s Independent Consultant (IC) Inspection Program, also referred to as the
Part 12D Program, and prescribes the scope of inspections, reports, qualifications of
Independent Consultant Team (IC Team) personnel, and related procedures.1 The Part
12D Program is implemented by the Commission’s Office of Energy Projects, Division 1 https://www.ecfr.gov/on/2022-04-11/title-18/chapter-I/subchapter-B/part-12/subpart-D Document Accession #: 20240516-3083 Filed Date: 05/16/2024
2 of Dam Safety and Inspections (D2SI). Chapter 16 of the Commission’s Engineering
Guidelines for the Evaluation of Hydropower Projects (En gineering Guidelines) provides additional information related to the Part 12D Program.2 The list below shows several key components and deliverables that are required
for this inspection: • For the 12th Part 12D Inspection, the IC Team must perform a Peri odic Inspection (PI) as defined in 18 CFR § 12.31(e) and described in 18 CFR § 12.35. • You must provide a Part 12D Inspection Plan in advance, including an IC Team
Proposal, and obtain written approval from the Director, D2SI in advance of the
Part 12D Inspection, as described in 18 CFR § 12.34. • The IC Team must prepare a preliminary report, referred to as a PI-Pre-Inspection Preparation Report (PI-PIPR). The PI-PIPR must be submitted at
least 30 days in advance of the field inspection, as described in 18 CFR § 12.42.
Appendix 16-C of the Engineering Guidelines provides a n outline for the PI-PIPR. • The IC Team must document their findings in a final Part 12D Report, specifically
a Periodic Inspection Report (PIR), which is described in 18 CFR § 12.36 . The
PIR must be submitted by November 1, 2025 . Appendix 16-B of the Engineering
Guidelines provides a n outline for the PIR. • You must provide a plan and schedule for corrective measures to address the IC
Team’s recommendations, as required by 18 CFR § 12.41 and further described in
Section 16-7 of the Engineering Guidelines. Project Development(s) Requiring Inspection The applicability of 18 CFR Part 12, Subpart D is based on project developments as defined in 18 CFR 12.3(b)(7). A project development comprises “an impoundment and
its associated dams, forebays, water conveyance facilities, power plants, and other
appurtenant facilities.” For this PI, the following project developments require inspection: 1. Bucks Lake Dam 2. Lower Bucks Lake Dam Timeline of Activities The table below shows the timing of some major milestones in the PI process.
Shortly after issuance of this letter, Commission staff will contact you to schedule the
initial coordination call; Enclosure 1 provides an agenda for that call. 2 https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20211216-3085 Document Accession #: 20240516-3083 Filed Date: 05/16/2024
3 Milestone Timing Initial Coordination Call (Licensee and FERC) Within approximately 30 days of the date of
this letter Submit the Part 12D Inspection Plan to
the FERC 180 days in advance of the field inspection Second Coordination Call (Licensee, IC Team, and FERC) Within approximately 6 weeks after
approval or conditional approval of the IC
Team Submit the PI-PIPR to FERC At least 30 days before the field inspection Field inspection (Licensee, IC Team, and FERC) Dates as scheduled in the Part 12D
Inspection Plan Submit the PIR to FERC November 1, 2025 Submit the plan and schedule to address
the IC Team’s recommendations Within 60 days after the PIR is submitted Approval of the Independent Consultant Team and the Part 12D Inspection Plan You are required to submit a Part 12D Inspection Plan at least 180 days in advance
of the first IC Team activity; since you are to perform a Periodic Inspection, the first
activity is the site inspection.3 The Part 12D Inspection Plan must describe the scope and
schedule of the inspection activities and include an IC Team Proposal, which must: • Identify the required technical disciplines for IC(s) and supporting team members; • Identify the proposed IC(s) and demonstrate that they meet the requirements of
18 CFR § 12.31(a); • Demonstrate that the IC Team collectively has the required “experience and
expertise with dam design, construction, and in the evaluation and assessment of
the safety of existing dams, commensurate with the scale, complexity, and relevant
technical disciplines of the project and type of review, inspection, and assessment
being performed;”4 and • Address any potential conflicts of interest that may exist, specifically in regard to
the requirement in 18 CFR § 12.34(b)(3), which prohibits any member of the IC
Team from reviewing their own previous work. You are required to obtain written approval of the proposed IC Team from the
Director, D2SI prior to the performance of the Part 12D Inspection.5 File the Part 12D 3 18 CFR § 12.34(b) 4 18 CFR § 12.31(b) 5 18 CFR § 12.34(a) Document Accession #: 20240516-3083 Filed Date: 05/16/2024
4 Inspection Plan, including the IC Team Proposal, using the Commission’s eFiling system
with the following address block on your transmittal letter: Mr. David Capka, P.E., Director Division of Dam Safety and Inspections Federal Energy Regulatory Commission Office of Energy Projects You can access the Commission’s eFiling system at https://www.ferc.gov/ferc-online/overview. During eFiling make the following menu selections: Hydro: Dam
Safety; Washington, DC; and Independent Consultant Approval Request. The cover page
of the filing must indicate that the material was eFiled. For assistance with eFiling,
contact FERC Online Support at FERCOnlineSupport@ferc.gov , (866) 208-3676 (toll
free), or (202) 502-8659 (TTY). Section 16-3.3 of the Engineering Guidelines provides additional information
related to the Part 12D Inspection Plan and IC Team Proposal. Please note that you may
provide the name(s) and resume(s) of any supporting members of the IC Team in the Pre-Inspection Preparation Report (discussed below) instead of the IC Team Proposal, which
provides flexibility for assigning subject matter experts closer to the inspection.6 Review of Prior Reports The IC Team must “review and consider all relevant reports on the safety of the
development made by or written under the direction of Federal or state agencies,
submitted under Commission regulations, or made by other consultants,” and “must
perform sufficient review to have, at the time of the [inspection], a full understanding of
the design, construction, performance, condition, downstream hazard, monitoring,
operation, and potential failure modes of the project works.” As the licensee, you are
responsible for “[providing] to the independent consultant team all information and
reports necessary” to fulfill these requirements. Pre-Inspection Preparation Report At least 30 days prior to the first in-person IC Team activity (field inspection), you
are required to submit a preliminary report (the PI-PIPR) documenting the initial findings
from the IC Team’s review of project documentation, instrumentation data, and other
information.7 We will review the PI-PIPR to evaluate wh ether the IC Team has an
adequate understanding of project features and determine whether the inspection
activities can proceed as scheduled. If the name(s) and resume(s) of any supporting 6 18 CFR § 12.34(b)(4) 7 18 CFR § 12.40(f) Document Accession #: 20240516-3083 Filed Date: 05/16/2024
5 members of the IC Team were not provided in the Part 12D Inspection Plan, they must be
provided in the letter transmitting the PI-PIPR. Section 16-4 of the Engineering
Guidelines contains additional information regarding PIPRs. If you do not submit the PI-PIPR in a timely manner , or if the PI-PIPR does
not clearly demonstrate that the IC Team has performed the necessary level of
preparation, we may require postponement of the in-person IC Team inspection
activities. Regional Office staff will review the PI-PIPR and determine whether it is
acceptable, generally acceptable, or unacceptable, as described in Section 16-4.1 of the
Engineering Guidelines. If the PI-PIPR is acceptable or generally acceptable, the Part
12D Inspection may proceed as scheduled, though we may request follow-up action(s) to
be completed prior to the first activity. If the PI-PIPR is unacceptable, the Part 12D
Inspection will be postponed, and that postponement will not constitute good cause for an
extension to submit the PIR . If the Regional Engi neer does not issue a letter within two
weeks after the PI-PIPR is submitted, the PI-PIPR will be deemed acceptable by default. Field Inspection The scope of any Part 12D Inspection includes “a physical field inspection of
accessible project works , including galleries, adits, vaults, conduits, earthen and concrete-lined spillway chutes, the exterior of water conveyances, and other non-submerged
pro ject features that may require specialized access to facilitate inspection.” Section 16-5.3.1 of the Engineering Guidelines contains additional details regarding inspection of the
reservoir rim and spillway chutes; observation of gate operations; and the review of
special inspection reports. You must provide a schedule for the field inspection to the Regional Office in
advance of the inspection. If the IC Team intends to split into smaller groups to inspect
multiple project features simultaneously, you must inform us well in advance. Typically,
Regional Office staff will accompany the IC Team during the field inspection, and we
will need to ensure that we send sufficient personnel to observe the project features with
the IC Team. Any special access procedures and safety equipment should be identified
ahead of time so that everyone attending the field inspection can prepare accordingly. Potential Failure Modes Analysis and Risk Analysis Not Required The scope of a PI does not include a Potential Failure Modes Analysis (PFMA) or
Level 2 Risk Analysis (L2RA). The IC Team is still responsible for reviewing the most
recent PFMA so they understand each identified PFM prior to the inspection and evaluate
“whether any inspection observations or other conditions indicate that an unidentified
Document Accession #: 20240516-3083 Filed Date: 05/16/2024
6 potential failure mode is active, developing, or is of sufficient concern to warrant
development through a supplemental potential failure mode analysis.”8 Periodic Inspection Report By the due date shown above, you are to submit the IC Team’s PIR to this office. Section 16-5 of the Engineering Guidelines contains additional information about the
documentation required in each section of the PIR. Please note the following specific
requirements that are important for you and the IC Team to fully understand: • Incorporation by Reference. The regulations implem ented by Order 122 (January
28, 1981) permitted the incorporation by specific reference to a previous Part 12D
Report if the conditions, assumptions, and available information had not changed. This is not permitted under the regulations that were implemented by Order
880 and which went into effect on April 11, 2022. The IC Team must document
their own interpretation and evaluation in each section of the PIR , where required. • Evaluation of Performance. The evaluation of the performance of project works must be an independent interpretation based on the IC Team’s visual observations and review of instrumentation data and surveillance reports. The IC Team may not
rely entirely on previous interpretations or state that a particular condition or instrumentation data does not indicate a potential issue simply because it is not
changing over time. The evaluation must clearly address the identified PFMs as
well as whether any previously unidentified PFMs may be active or developing. • Recommendations. For each corrective measure the IC Team provides in the PIR ,
they are also required to provide their recommendation of a reasonable time for
the Licensee to carry out the corrective measure. Corrective Measures – IC Team Recommendations and Licensee Plan and Schedule Within 60 days of submitting the Part 12D Report , you must submit your plan and
schedule for addressing any recommendations provided by the IC Team.9 Your plan may
include any proposal, including taking no action, that you consider a preferred alternative
to any corrective measures recommended by the IC Team, and you may not concur with
the IC Team’s recommended time to complete each corrective measure. However, it is
your responsibility to provide complete justification in support of your preferred
alternative, and the Regional Engineer may require modifications to your proposed plan
and schedule.10 You must submit an annual report documenting the status of the
corrective measures until all have been completed.11 8 18 CFR § 12.36(b)(3) 9 18 CFR § 12.41(a)(1)(i) 10 18 CFR § 12.4(b)(2)(iii)(C) 11 18 CFR § 12.41(a)(2) Document Accession #: 20240516-3083 Filed Date: 05/16/2024
7 If during the course of their inspection, the IC Team discovers any condition for
which emergency corrective measures are advisable, the IC Team must notify you
immediately and you must notify the Regional Engineer pursuant to 18 CFR § 12.10(a).12 Closing The Commission’s dam safety program is a cooperative process that includes the
Licensee, the IC Team, and the FERC. The most important of the three elements is the
Licensee, as you operate the project, see the project on a regular basis, and are
responsible for the performance monitoring program used to determine if any potential
failure modes are developing. It is your responsibility as the Licensee to submit the Part
12D Report to the FERC and ensure that the Part 12D Report meets the requirements of
the Commission’s Regulations and the Engineering Guidelines before it is submitted. The
Part 12D Report is a FERC requirement but is also a valuable resource for you as the dam
owner. Except for the Part 12D Inspection Plan, which is discussed above, file the
Part 12D Report and other related submittals using the Commission’s eFiling system at https://www.ferc.gov/ferc-online/overview. When eFiling, select Hydro: Dam Safety and
San Francisco Regional Office. If you are also filing an STID and Digital Project Archive
(DPA), both the STID and DPA must be eFiled by selecting Hydro: Dam Safety and San
Francisco Regional Office. You must also submit one hard copy of the STID to this
office. Both the electronic and hard copy must be entire copies of the STID, do not send
individual pages or sections. If the DPA cannot be eFiled, contact the project engineer to
discuss options for transmitting the DPA to the Commission. For more information on
transmitting the DPA, see Chapter 15 of the Engineering Guidelines here:
https://www.ferc.gov/industries-data/hydropower/dam-safety-and-inspections/eng-guidelines. T he cover page of the filing must indicate that the material was eFiled. For
assistance with eFiling, contact FERC Online Support at FERCOnlineSupport@ferc.gov ,
(866) 208-3676 (toll free), or (202) 502-8659 (TTY). 12 18 CFR § 12.41(b) Document Accession #: 20240516-3083 Filed Date: 05/16/2024
8 If you have any questions regarding this letter or Enclosures, please do not hesitate
to call me at (415) 369-3318. Your support is critical for ensuring the safety of your
project and I am available to discuss any concerns or comments that you may have. Sincerely, (For) Frank L. Blackett, P.E. Regional Engineer Enclosures: 1. Initial Coordination Call Agenda 2. Second Coordination Call Agenda 3. Outline for the PIR and PI-PIPR cc: Ms. Sharon Tapia, Division Manager Division of Safety of Dams California Department of Water Resources P.O. Box 942836 Sacramento, CA 94236-0001 WES
COOLEY
Digitally signed
by WES COOLEY
Date: 2024.05.16
15:34:45 -07'00'
Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Enclosure 1: Initial Coordination Call Agenda Page 1 of 1 Initial Coordination Call Agenda 1. General Requirements a. Regulations b. Guidelines c. Scope of inspection 2. Overview of Changes to Part 12D Inspections a. Detailed review of prior information b. Incorporation by reference – not permitted 3. Licensee’s Role a. Internal processes to scope the Part 12D Inspection b. Prepare and submit Part 12D Inspection Plan and IC Team Proposal c. Provide required information/documentation to IC Team d. Coordinate logistics (to be discussed in detail during Second Coordination
Call) e. Submit IC Team’s PI-PIPR to FERC f. Attend inspection g. Submit IC Team’s PIR to FERC h. Review IC Team’s recommendations; develop plan and schedule to address the
recommendations and submit to FERC 4. Project-Spe cific Discussion a. Outstanding issues/concerns b. Initial thoughts – potential technical disciplines required c. Estimated timeframe for inspection Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Enclosure 2: Second Coordination Call Agenda Page 1 of 1 Second Coordination Call Agenda 1. General Requirements a. Regulations b. Guidelines c. Scope of inspection 2. IC Team’s Responsibilities a. Detailed review of prior information b. Prepare PI-PIPR and provide to the Licensee c. Perform inspection d. Prepare PIR and provide to the Licensee i. Include recommendations and reasonable timeframe for the Licensee to
complete each e. Incorporation by reference – not permitted 3. Preliminary Logistics a. Field inspection Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Enclosure 3: Outline for the PIR and PI-PIPR Page 1 of 7 The outline on the following pages can be used for both the PIR and PI-PIPR. For
sections that do not require content in the PI-PIPR, the IC Team can leave the heading in
place and add a note that the section is retained as a placeholder for use in the PIR. Refer
to Appendices 16-B and 16-C of the Engineering Guidelines for additional details
regarding the required contents of each section for a PIR and a PI-PIPR, respectively. Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Enclosure 3: Outline for the PIR and PI-PIPR Page 2 of 7 SECTION 1: FINDINGS AND RECOMMENDATIONS 1.1 General Conditions and Evaluation of Performance 1.2 Potential Failure Modes and Risk 1.3 Review and Evaluation of Dam and Public Safety Programs 1.3.1 Owner’s Dam Safety Program 1.3.2 Dam Safety Surveillance and Monitoring Program 1.3.3 Hazard Potential Classification 1.3.4 Emergency Action Plan 1.3.5 Public Safety Plan 1.3.6 Operations and Maintenance 1.4 Recommendations Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Enclosure 3: Outline for the PIR and PI-PIPR Page 3 of 7 SECTION 2: DESCRIPTION OF PROJECT FEATURES AND
OPERATIONS 2.1 Location and Purpose 2.2 Description of Project Features 2.3 Summary of Operations Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Enclosure 3: Outline for the PIR and PI-PIPR Page 4 of 7 SECTION 3: PROJECT STATUS 3.1 Modifications to Project Works 3.2 Modifications to Project Operations 3.3 Recommendations of Previous Independent Consultants 3.4 Outstanding/Ongoing Studies 3.5 Completed Studies 3.6 Summary of Operations and Maintenance Programs 3.7 Previously Identified PFMs Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Enclosure 3: Outline for the PIR and PI-PIPR Page 5 of 7 SECTION 4: FIELD INSPECTION OBSERVATIONS AND
INTERPRETATION OF MONITORING DATA 4.1 General 4.2 [Name of Project Feature 1] 4.2.1 Field Inspection Observations 4.2.2 Review and Evaluation of Instrumentation Data and Surveillance 4.2.3 Evaluation with Respect to Potential Failure Modes 4.2.4 Conclusion 4.3 [Name of Project Feature 2] 4.3.1 Field Inspection Observations 4.3.2 Review and Evaluation of Instrumentation Data and Surveillance 4.3.3 Evaluation with Respect to Potential Failure Modes 4.3.4 Conclusion 4.4 [Name of Project Feature 3, 4, etc.] 4.5 Overall Interpretation of Instrumentation Data Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Enclosure 3: Outline for the PIR and PI-PIPR Page 6 of 7 SECTION 5: REVIEW AND EVALUATION OF DAM AND PUBLIC
SAFETY PROGRAMS 5.1 Owner’s Dam Safety Program 5.2 Dam Safety Surveillance and Monitoring Program 5.3 Hazard Potential Classification 5.4 Emergency Action Plan 5.5 Public Safety Plan 5.6 Operations and Maintenance Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Enclosure 3: Outline for the PIR and PI-PIPR Page 7 of 7 APPENDICES FOR THE PERIODIC INSPECTION REPORT Appendix A: FERC Letter Requiring Part 12D Inspection Appendix B: FERC Letter Approving Part 12D Inspection Plan and IC Team Appendix C: Project Figures Appendix D: Instrumented Monitoring Data Plots Appendix E: Inspection Photographs Appendix F: Inspection Checklists and/or Field Notes Appendix G: Operation and Maintenance Documentation Document Accession #: 20240516-3083 Filed Date: 05/16/2024
Document Content(s)
P-619-000 S63543_S63544_Part12D_Reminder-PIs_Bucks.pdf ....................1Document Accession #: 20240516-3083 Filed Date: 05/16/2024