HomeMy WebLinkAbout05.21.25 Board Correspondence - FW_ Delegated Order issued in FERC P-619-164From:Clerk of the Board
To:Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Lee,
Lewis; Little, Melissa; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth; Loeser,
Kamie
Cc:Nuzum, Danielle
Subject:Board Correspondence - FW: Delegated Order issued in FERC P-619-164
Date:Wednesday, May 21, 2025 9:33:22 AM
Please see Board Correspondence -
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Subject: Delegated Order issued in FERC P-619-164
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On 5/21/2025, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-619-164
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Delegated Order
Description: Order Granting Extension of Time to Complete Gravel Augmentation Pursuant to Section 401 Water Quality
Certification Condition 14 and Forest Service 4(e) Condition 41 re Pacific Gas & Electric Company's et al. Bucks Creek Project under
P-619.
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UNITED ST AT ES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas & Electric Company and
City of Santa Clara
Project No.619-164
ORDER GRANTING EXTENSION OF TIME TO COMPLETE GRAVEL
AUGMENTATION PURSUANT TO SECTION 401 WATER QUALITY
CERTIFICATION CONDITION 14 AND FOREST SERVICE 4(E) CONDITION 41
(Issued May 21, 2025)
1.On December 2, 2024, and on March 26, 2025, Pacific Gas & Electric Company
and the City of Santa Clara (licensees), licensees for the Bucks Creek Hydroelectric
Project No. 619,1 filed a request for an extension of time with the Federal Energy
Regulatory Commission (Commission) to complete their gravel augmentation as part of
the Gravel Augmentation Plan (Plan). The Plan is required by California State Water
Resources Control Board (California SW RCB)Section 401 Water Quality Certification
(WQC) condition 14 and U.S. Forest Service (Forest Service)4(e) condition 41 of the
project license.The project is located on Bucks, Grizzly, and Milk Ranch creeks,
tributaries of the North Fork Feather River,in Plumas County, California. The project
occupies federal land within the Plumas National Forest,managed by the Forest Service.
2.Section 401 WQC condition 14 and Forest Service 4(e) condition 41 requires the
licensees to implement the Plan as filed with the Commission on September 20, 2019.
License Article 401(a) approved the Plan and incorporated it into the project license. In
part, the Plan requires gravel augmentation at two locations:(1) Bucks Creek
downstream of Lower Bucks Dam Spillway, upstream of the right bank mass wasting
site; and (2)Grizzly Creek downstream of the Grizzly Creek gaging weir. Prior to gravel
placement, the Plan requires baseline monitoring to be conducted. The licensees
requested an extension of time to complete the baseline monitoring, which the
Commission approved on January 16, 2024. The licensees reported that they completed
the baseline surveys in a July 30, 2024 filing. The Plan details that gravel placement will
first occur in License Year 2 and continue on a schedule thereafter as specified in Table 1
of the Plan.
1 Order Issuing New License (179 FERC ¶ 61,202), issued June 16, 2022.
Document Accession #: 20250521-3041 Filed Date: 05/21/2025
Project No. 619-164 -2 -
3.After consultation with the U.S. Army Corps of Engineers, the licensees state that
they have determined that they are required to obtain a Section 404 permit under the
Clean Water Act. Based upon the estimated length of time needed to obtain the 404
permit, the licensees determined it was not feasible to obtain the 404 permit in time to
complete the gravel augmentation planned for License Year 2. Rather, they expect that
they can obtain the permit and place the gravel according to the Plan by October 31, 2025
(License Year 3). Subsequent gravel augmentations would continue as scheduled in the
Plan (the next placement to occur in License Year 6).
4.The licensees presented their extension of time request to the resource agencies via
email dated November 7, 2024. The Forest Service provided a letter of concurrence for
the extension on November 15, 2024, without modification. On March 24, 2025,2 the
California SWRCB provided their conditional approval of the extension of time request;
however, required that if gravel augmentation occurs after the issuance of the May
Bulletin 120 and the bulletin determines that the 2024 –2025 winter season is a wet
water year type as defined by WQC condition 7,that the licensees shall complete another
baseline monitoring topographic survey to account for any significant changes to the
selected sites topography. The California SWRCB also required that the results of the
topographic survey be provided to its Deputy Director prior to gravel augmentation.
5.The licensees’request for extension of time is reasonable. The California
SWRCB requirement for an additional topographic survey, if the prior winter season was
found to be a wet water year,is also reasonable, as high-volume flows would likely
render the findings of any previous baseline surveys moot and be of little use to inform
gravel placement. To keep the Commission apprised, the licensees should also file
notification with the Commission, within 30 days of completion, that the first gravel
placements for License Year 3 have been completed. As such, the licensees’request, as
modified,is reasonable and should be approved.
The Director orders:
(A)Pacific Gas & Electric Company and the City of Santa Clara’s (licensees)
request, filed with the Federal Energy Regulatory Commission (Commission) on
December 2, 2024 and March 26, 2025, for an extension of time until October 31, 2025
to complete the first phase of gravel placement under their Gravel Augmentation Plan,
pursuant to State Water Resources Control Board Section 401 Water Quality
Certification condition 14 and U.S. Forest Service 4(e) condition 41 for the Bucks Creek
Hydroelectric Project No. 619 is approved,as modified by paragraph (B) below.
(B)Should the first gravel placement occur after the issuance of the California
Department of Water Resources’ May Bulletin 120,and the bulletin determines that the
2 Filed by the licensee on March 26, 2025.
Document Accession #: 20250521-3041 Filed Date: 05/21/2025
Project No. 619-164 -3 -
2024 –2025 winter season was a ‘wet’ water year as defined by Water Quality
Certification condition 7 of the license, the licensees must complete another baseline
topographic survey of the gravel augmentation sites and provide a report of the
topographic survey results to California State Water Resources Control Board’s Deputy
Director prior to gravel placement. The licensees must also file notification with the
Commission, within 30 days of completion,that the first gravel placements for License
Year 3 have been completed,and include documentation that they provided the
topographic results report to the Deputy Director, should the additional survey have been
performed due to a wet water year type determination.
(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 §
313(a) of the Federal Power Act, 16 U.S.C. § 825l, and the Commission’s regulations at
18 C.F.R. § 385.713 (2024). 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
licensees’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 #: 20250521-3041 Filed Date: 05/21/2025
Document Content(s)
P-619-164_Gravel Placement EOT.docx .......................................1Document Accession #: 20250521-3041 Filed Date: 05/21/2025