HomeMy WebLinkAbout05.28.2024 Board Correspondence - FW_ DOCKET CHANGE- Motion_Notice of Intervention submitted in FERC P-137-216,et al. by Bartkiewicz, Kronick & Shanahan, P.C.From: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: DOCKET CHANGE- Motion/Notice of Intervention submitted in FERC P-137-216,et al. by Bartkiewicz, Kronick & Shanahan, P.C.
Date:Wednesday, May 29, 2024 9:01:16 AM
Please see Board correspondence -
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Subject: DOCKET CHANGE- Motion/Notice of Intervention submitted in FERC P-137-216,et al. by Bartkiewicz, Kronick & Shanahan, P.C.
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On 7/13/2023, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.:
Filer: Bartkiewicz, Kronick & Shanahan, P.C.
Docket(s): P-137-216
P-2106-077
P-2687-189
P-2661-094
P-1354-033
P-2130-125
P-2105-129
P-2310-252
P-96-050
P-803-119
P-1121-137
P-1962-221
P-606-041
P-2735-102
P-14531-002
P-77-316
P-619-175
P-1061-105
P-1988-102
P-2107-051
P-175-030
P-233-245
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Motion/Notice of Intervention
Description: Motion to Intervene of Amador Water Agency under P-137, et al.
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{00300751.1} 1
BEFORE THE UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Pacific Gas and Electric Company ) Pacific Generation, LLC ) FERC Project Nos . 77-316, ) 96-050, 137-216, 175-030, ) 233-245, 606-041, 619-175, ) 803-119, 1061-105, 1121-137, ) 1354-133, 1962-221, 1988-102, ) 2105-129, 2106-077, 1107-051, ) 2130-125, 2310-252, 2661-094, Application for Transfer of Project Licenses ) 2687-189, 2735-102, and ) 14531- 002 MOTION TO INTERVENE BY THE AMADOR WATER AGENCY (Project No. 137 License) Pursuant to Rule 214 of the Federal Energy Regulatory Commission’s Rules of
Practice and Procedure (18 C.F.R., § 385.214), the Amador Water Agency (“Agency”), a
local agency created by a special act of the Legislature of the State of California, hereby files
this motion to intervene in the proceedings for Pacific Gas and Electric Company’s (“PG&E”)
proposed transfer of its Commission-issued hydropower generation project licenses to a new
entity, Pacific Generation, LLC as further described i n the Commission ’s notice dated June
13, 2023. The Agency is a retail and wholesale public water supplier to persons and entities in
Amador County, California. It relies solely on diversions of surface water from the
Mokelumne River and its tributaries, and therefore has a specific interest in the proposed
transfer of the Commission-issued license for Project 137. While conceptually supportive of
PG&E’s proposed transfer of the Project 137 license to Pacific Generation , the Agency has
Document Accession #: 20230713-5121 Filed Date: 07/13/2023
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significant interests in and concerns about the potential impacts of that transfer. Those
interests require the Agency , based on the significant public interest concerns stated below, to
request leave to intervene in these proceedings to ensure that the proposed transfer of the
license for Project 137 does not impact the Ag ency’s ability to continue using its existing
water supplies and PG&E’s existing facilities to divert and convey those supplies, and to
obtain additional supplies to serve the beneficial consumptive water needs of Amador County .
The Agency therefore moves to intervene as a party in the above-captioned proceedings on
the grounds that it is a proper intervenor, that the Agency’s participation would be in the
public interest, and that the Agency has important interests that may be affected and that
cannot be a dequately represented by any existing party. I. COMMUNICATIONS AND NOTICES All communications , correspondence and documents related to this proceeding should
be directed to the following persons: Larry B. McKenney Joshua M. Horowitz General Manager Bartkiewicz Kronick & Shanahan Amador Water Agency 1011 22 nd Street 12800 Ridge Road Sacramento, CA 95816-4907 Sutter Creek, CA 95685 Telephone: 916-446-4254 Telephone: 209-223-3018 Facsimile: 916-446-4018 Facsimile: 209-257-5281 E-mail: jmh@bkslawfirm.com E-mail: lmckenney@amadorwater.org II. BACKGROUND The Amador Water Agency (“Agency”) was created by a special act of the California
Legislature in 1959 (Stats. 1959, Ch. 2137, as amended). The Agency’s boundaries are
coterminous with those of Amador County . The Agency’s principal purpose is to serve the
Document Accession #: 20230713-5121 Filed Date: 07/13/2023
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water needs of the lands and inhabitants of Amador County, including provision of treated
and untreated water for all beneficial consumptive purposes . The Mokelumne River and its tributaries are the main water supply source for Amador County . The Agency, through a project called the Central Amador Water Project, diverts
water originating from the North Fork Mokelumne River and delivers it to communities in the
higher elevation portion of Amador County. In addition, water from the North Fork
Mokelumne River supplies communities in the lower portions of Amador County, including Amador City, Sutter Creek, Jackson, Plymouth, Ione, Drytown, Martell, Sutter Hill , and
surrounding areas . The system serv ing these communities is called the Amador Water System
and is now owned and operated by the Agency. However, the Amador Water System was
developed and operated by PG&E as an adjunct to its hydropower generation operations in
the Mokelumne River watershed until the Agency acquired the system in 1985. The only feasible source of water to meet new demand within the County is the
Mokelumne River and its tributaries. Because of Amador County’s geology and geography,
there is no dependable supply of developable groundwater sufficient to meet the County’s
expanding needs. III. AMADOR WATER AGENCY’S SPECIFIC INTERESTS IN PROJECT 137 The Agency has a r ight to receive a maximum of 15,000 acre-feet of water per year
diverted from PG&E’s Lake Tabeaud at the maximum rate of 30 cubic feet per second . That
entitlement is drawn from the North Fork Mokelumne River , is diverted under PG&E’s senior
pre-1914 appropriative water rights, and was created under a 1985 stipulation and agreement
pursuant to a settlement of an eminent domain proceeding in which the Agency acquired a
Document Accession #: 20230713-5121 Filed Date: 07/13/2023
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portion of PG&E’s water system and which now comprises the Agency’s Amador Water
System. The Amador Water System serves the five cities in the populous western part of
Amador County. The Agency also operates the Central Amador Water Project, which utilizes North
Fork Mokelumne River water . This water supply is supported by Permit 17579 (Application
5647-B) issued by the California State Water Resources Control Board (“SWRCB”).
Pursuant to water right Permit 17579, the Agency diverts water from the North Fork
Mokelumne River at the Tiger Creek Afterbay and Tiger Creek Regulating Reservoir , which
are part of PG&E’s Mokelumne River Project, FERC No. P-137. The diverted water generally
flows by gravity to the Agency’s Buckhorn Water Treatment Plant located near the Amador
County community of Pioneer along State Highway 88. Permit 17579 was issued by the SWRCB on March 22, 1979, and authorizes in part: (1) the direct diversion of 3 cubic feet per
second year-round from the North Fork Mokelumne River; and (2) the diversion to storage
from October 1 to July 15 of 1,600 acre-feet of water in PG&E’s Lower Bear River Reservoir
on the Bear River, which is tributary to the North Fork Mokelumne River. The total amo unt
of water to be taken from all sources whether by direct diversion or rediversion from storage
must not exceed 1,150 acre-feet of water in a year defined as beginning October 1 and ending
in September 30 of the following year. The Agency’s entitlement to use PG&E’s Mokelumne River Project facilities to divert
and store water under Permit 17579 is provided in an agreement between the Agency and
PG&E . That agreement was first executed in 1975 and has since been amended several times,
most recent ly in 2012. Under th at agreement, the Agency has the right to utilize 1,600 acre-feet of storage space in PG&E’s Lower Bear River Reservoir. In addition, the Agency has the
Document Accession #: 20230713-5121 Filed Date: 07/13/2023
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right to utilize PG&E’s Tiger Creek Afterbay as a point of diversion for up to 1,150 acre-feet
of water per year . In accordance with the terms of their agreement, the Agency may elect to
increase the total amount of its storage right in PG&E’s Lower Bear River Reservoir to a total
of 3,000 acre-feet of water per year and to el ect to divert up to a total of 2,200 acre-feet of
water per year at either PG&E’s Tiger Creek Afterbay or PG&E’s Tiger Creek Regulating
Reservoir . In 2005, the Agency notified PG&E that it intended to exercise the Agency’s rights to
increase its storage allocation in Lower Bear River Reservoir to the contract maximum of
3,000 acre-feet of water per year and to increase its direct diversion at the Tiger Creek
Regulating Reservoir to the agreed maximum of 2,200 acre-feet of water per year . These
elections r esulted in the 2012 amended agreement . The Agency filed an application for a new
water right permit with the SWRCB under a 1927-priority state filing to secure the water for
the additional storage and direct diversion rights. A hearing was held in late 2020. The
Agency expects that the SWRCB will issue the new water right permit in the next several
months which will enable the Agency to directly diver t the additional 1,050 acre-feet of water
per year and to divert to storage an additional 1,400 acre-feet of water per year in order to
produce an additional safe-yield of 1,050 acre-feet of water. This additional right will be used
to serve expected increases in demand in the CAWP system consistent with Amador County’s
growth projections in its General Plan. The Agency’s Buckhorn Water Treatment Plant treats all water diverted from the
North Fork Mokelumne River under Permit 17579. In order to avoid the costs of pump ing water from Tiger Creek Afterbay to the Buckhorn Water Treatment Plant, a lift of about 1,130
feet, the Agency constructed the Gravity Supply Pipeline which diverts North Fork
Document Accession #: 20230713-5121 Filed Date: 07/13/2023
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Mokelumne River water from PG&E’s Tiger Creek Regulator Reservoir located downstream
of the Salt Springs Reservoir which is part of Project 137 . This point of diversion is particularly beneficial because it allows the Agency to transport its water supplies by gravity to the water treatment plant , instead of expending significant resources to pump the water
uphill . IV. CONCLUSION In conclusion, the Agency’s interests in the license for Project 137 are unique and are
not adequately represented by other parties to this proceeding. As described in the foregoing
articles, PG&E’s proposed transfer of the license for Project 137 to the newly formed entity,
Pacific Generation, LLC, could adversely impact the Agency’s ability to continue to serve
water safely and reliably to the residents of Amador County if the transfer is not properly
conditioned to safeguard the Agency’s rights in the PG&E contract and in its state-granted
water rights. The Agency ’s water supplies exclusively originate in the North Fork Mokelumne
River and its tributaries, which are the only feasible source of consumptive municipal water
supplies. As a result, the Agency’s ability to exercise its water rights and entitlements for the
benefit of Amador County’s residents directly depends on Pacific Generation ’s operation of
Project 137 in the same manner as PG&E must to ensure that the Agency can divert water for
in-county consumptive uses when need ed by its customers . The Commission’s granting of the
application for the proposed transfer of the Project 137 license from PG&E to Pacific
Generation could adversely impact the Agency’s exercise of its appropriative water rights and
contractual entitlements if not properly conditioned by constraining the Agency’s ability to
ensure a safe and reliable water supply wi thin Amador County. Document Accession #: 20230713-5121 Filed Date: 07/13/2023
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The Agency’s interests in the license for Project 137 are unique and are imbued with
important public interest concerns that, for the reasons set forth in this motion, cannot be
adequately represented by any other existing or foreseeable party to this proceeding.
Accordingly, the Agency’s participation in these proceedings is necessarily in the public
interest because of its unique statutory responsibilities to protect and develo p water supplies
for all beneficial needs of Amador County’s residents as provided by the California
Legislature in the Amador Water Agency Act. Therefore, the Agency respectfully requests
that the Commission grant its Motion to Intervene in this proceeding for purposes of ensuring
its interests in Project 137 can be adequately protected. The Agency further requests that the Commission direct PG&E and Pacific Generation
consult and coordinate with the Agency on appropriate conditions in the Project 137 license to
ensure that Pacific Generation’s operation of the Mokelumne River Project is consistent with
the existing agreements and avoids any adverse operational impacts on the Agency’s exercise
of its CAWP appropriative water rights and its AWS entitlement and related use of various
Project 137 facilities, and that FERC include all mutually agreed conditions to be included in
any approval of the transfer of the Project 137 from PG&E to Pacific Generation. Dated: July 13, 2023 Respectfully submitted, By: /s/ Joshua M. Ho rowitz Joshua M. Horowitz Attorney for AMADOR WATER AGENCY Bartkiewicz, Kronick & Shanahan 1011 22 nd Street Sacramento, CA 95816-4907 Telephone: (916) 446-4254 Email: jmh@bkslawfirm.com Document Accession #: 20230713-5121 Filed Date: 07/13/2023
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CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing Motion to Intervene
upon each person designated on the official service list compiled by the Secretary of the
Commission in this proceeding in accordance with the requirements of Rule 2010 of the
Commission’s Rules of Practice and Procedure. Dated at Sacramento, California this July 13, 2023 By: /s/ Joshua M. Horowitz Joshua M. Horowitz Bartkiewicz, Kronick & Shanahan 1011 22 nd Street Sacramento, CA 95816-4907 Telephone: (916) 446-4254 Email: jmh@bkslawfirm.com Document Accession #: 20230713-5121 Filed Date: 07/13/2023
Document Content(s)
P-137-216 AWA Motion to Intervene in PGE and Pacific Generation License
Transfer Proceeding.PDF ...................................................1Document Accession #: 20230713-5121 Filed Date: 07/13/2023