HomeMy WebLinkAbout06.11.25 Board Correspondence - FW_ Motion_Notice of Intervention submitted in FERC P-2107-065 by American Whitewater,et al.From:Clerk of the Board
To:Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Krater, Sharleen; 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: Motion/Notice of Intervention submitted in FERC P-2107-065 by American Whitewater,et al.
Date:Wednesday, June 11, 2025 4:53:01 PM
Please see Board Correspondence -
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Sent: Wednesday, June 11, 2025 2:06 PM
Subject: Motion/Notice of Intervention submitted in FERC P-2107-065 by American Whitewater,et al.
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On 6/11/2025, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.:
Filer: American Whitewater
American Whitewater (as Agent)
Docket(s): P-2107-065
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Motion/Notice of Intervention
Comment on Filing
Description: Motion to Intervene and Comments of American Whitewater on Pacific Gas & Electric Company's Application for Temporary Flow
Modification at the Poe Hydroelectric 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=20250611-
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Theresa Lorejo-Simsiman
California Stewardship Director
theresa@americanwhitewater.org
12155 Tributary Drive #48
Gold River, CA 95670
(916) 835-1460
June 11, 2025
Debbie-Anne A. Reese, Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426
Re: Motion to Intervene and Comments of American Whitewater Regarding Pacific Gas &
Electric Company’s Application for Temporary Flow Modification at the Poe Hydroelectric
Project, California (P-2107-065)
Dear Secretary Reese:
Enclosed for filing in the above-referenced proceeding are the Motion to Intervene and
Comments of American Whitewater Regarding Pacific Gas & Electric Company’s Application for
Temporary Flow Modification at the Poe Hydroelectric Project, California (P-2107-065).
Thank you for your assistance.
Sincerely,
Theresa Lorejo-Simsiman
California Stewardship Director
American Whitewater
Document Accession #: 20250611-5201 Filed Date: 06/11/2025
UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas & Electric Company ) Project No. 2107-065
) Poe Hydroelectric Project
MOTION TO INTERVENE AND COMMENTS OF AMERICAN WHITEWATER REGARDING
LICENSEE’S APPLICATION FOR TEMPORARY FLOW MODIFICATION
I. INTRODUCTION
Pursuant to 18 C.F.R. § 385.210, § 385.212 and § 385.214 and in response to the Commission’s
issuance on May 12, 2025 of Notice of Application for Temporary Flow Modification Accepted
for Filing, Soliciting Comments, Motions to Intervene, and Protests,1 American Whitewater
hereby moves to intervene as a party in these proceedings.
American Whitewater has a documented interest in recreational opportunities on the North
Fork Feather River dating back more than 25 years, and these opportunities are directly
impacted by project operations and have a project nexus. In addition to recreation, we have a
strong interest in resource protection including fishery resources, riparian habitat, and cultural
resources.
II. IDENTITY OF INTERVENORS
American Whitewater is a national non-profit 501(c)(3) river conservation organization founded
in 1954 with approximately 50,000 supporters, 7,000 dues-paying members, and 80 locally
based affiliate clubs, representing whitewater enthusiasts across the nation. American
Whitewater ’s mission is to protect and restore America’s whitewater rivers and to enhance
opportunities to enjoy them safely. The organization is the primary advocate for the
preservation and protection of whitewater rivers throughout the United States, and connects
the interests of human-powered recreational river users with ecological and science-based data
to achieve the goals within its mission. Our vision is that our nation’s remaining wild and
1 Notice of Application for Temporary Flow Modification Accepted for Filing, Soliciting Comments, Motions to
Intervene, and Protests, FERC eLibrary Accession Number 20250512-3038,
https://elibrary.ferc.gov/eLibrary/docinfo?accession_number=20250512-3038.
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Document Accession #: 20250611-5201 Filed Date: 06/11/2025
free-flowing rivers stay that way, our developed rivers are restored to function and flourish, that
the public has access to rivers for recreation, and that river enthusiasts are active and effective
river advocates. A significant portion of our organization’s members, staff, and board live in the
region or visit it and value the river ’s ecological well-being and enjoy its recreational
opportunities.
Service of process and other communications should be made via electronic service only to:
Theresa Lorejo-Simsiman
American Whitewater
California Stewardship Director
12155 Tributary Drive #48
Gold River, CA 95670
Phone: (916) 835-1460
Email: theresa@americanwhitewater.org
III. INTEREST OF AMERICAN WHITEWATER
Intervention by American Whitewater is in the public interest pursuant to 18 C.F.R.
§385.214(b)(2)(iii). American Whitewater has significant undeniable interests in the
preservation of the natural and recreational resources, including but not limited to whitewater
recreation, on the North Fork Feather River. American Whitewater has fully participated in the
licensing proceedings for all FERC-licensed projects on the river, including the Poe Hydroelectric
Project, and continues to participate in the implementation of license conditions and
requirements within our organization’s areas of interest. Per the Project ’s 2018 License Order,2
American Whitewater is a member of the Poe Recreation Technical Review Group (RTRG) and
additionally has formalized consultation roles relating to long-term ramping rates and the
Recreation Improvement and Monitoring Plan. No other party to the proceeding will be able to
adequately represent our interests, and therefore American Whitewater has a direct and
substantial interest in the outcome of this process.
IV. STATEMENT OF POSITION AND COMMENTS
American Whitewater offers the following comments focused on the execution of whitewater
recreational flows in 2025 under the terms of the existing license and PG&E’s proposed
temporary variance. These comments address the timing and structure of scheduled releases,
2 165 FERC 62,172
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Document Accession #: 20250611-5201 Filed Date: 06/11/2025
the implications of variance approval or delay, and the necessity of meeting the full 6,000
acre-feet recreational flow requirement in this Wet water year.
1) Scheduled Whitewater Boating Releases Must Be Honored Absent Timely Approval of
Variance
PG&E’s May 8, 2025 supplement to its temporary amendment request provides two alternative
schedules for whitewater recreation flows. American Whitewater supports this contingency
structure and requests that the Commission affirm that, absent formal approval of the variance
by September 11, 2025 (30 days prior to the first scheduled release), PG&E shall implement the
currently scheduled October releases on October 11, 12, 25, and 26, 2025. The 30-day threshold
is necessary to ensure that American Whitewater can communicate the schedule to the boating
community with sufficient advance notice, and that boaters have adequate time to plan, travel,
and fully utilize the scheduled recreational flows.
2) Alternative November Schedule Appropriate if Variance Is Timely Approved
If the variance is approved before September 11, 2025, American Whitewater supports PG&E’s
proposed alternative boating flow dates of November 15, 16, 22, and 23, 2025, as submitted in
its May 8, 2025, supplemental filing. This schedule accommodates PG&E’s planned gate
replacement activities while still providing the public with an opportunity to enjoy the
whitewater recreational values of the project ’s bypassed reach, albeit on less desirable dates
later in the boating season.
3) 2025 Boating Flows Must Fully Utilize the Required 6,000 Acre-Feet Allocation
Under 4(e) Condition No. 24 of the license, PG&E is obligated to release 6,000 acre-feet of water
annually into the bypassed reach for whitewater boating during Normal and Wet water years.
The California Department of Water Resources’ Final Water Supply Forecast, dated May 12,
2025, classifies the current water year as Wet, thereby triggering this requirement in full.
If, following approval of the variance, PG&E is unable to implement scheduled whitewater
boating releases due to construction delays or other constraints, American Whitewater requests
that the Commission require PG&E to consult with American Whitewater and the Recreation
Technical Review Group (RTRG) to identify and implement make-up release dates, ensuring the
full 6,000 acre-feet allocation is used for its intended recreational purpose.
V. CONCLUSION
For the foregoing reasons, American Whitewater respectfully requests that the Commission
grant its motion to intervene in this proceeding and give full consideration to the comments
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Document Accession #: 20250611-5201 Filed Date: 06/11/2025
provided herein to ensure compliance with license conditions and the continued protection of
whitewater recreational opportunities on the North Fork Feather River.
Respectfully submitted,
Theresa Lorejo-Simsiman
California Stewardship Director
American Whitewater
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Document Accession #: 20250611-5201 Filed Date: 06/11/2025
UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas & Electric Company ) Docket No. 2107-065
) Poe Hydroelectric Project
CERTIFICATE OF SERVICE
Pursuant to Rule 2010 of the Commission’s Rules of Practice and Procedure, I hereby certify that
I have this day caused the foregoing Motion to Intervene and Comments of American
Whitewater Regarding Pacific Gas & Electric Company ’s Application for Temporary Flow
Modification at the Poe Hydroelectric Project, California (P-2107-065) to be served upon each
person designated on the official service list compiled by the Secretary in this proceeding.
Dated this 11th day of June 2025.
Scott Harding
American Whitewater
PO Box 34
Forks of Salmon, CA 96031
541-840-1662
scott@americanwhitewater.org
Document Accession #: 20250611-5201 Filed Date: 06/11/2025
Document Content(s)
20250611 American Whitewater Motion to Intervene Poe P-2107 Variance.pdf .1
Document Accession #: 20250611-5201 Filed Date: 06/11/2025