HomeMy WebLinkAbout06.30.25 Board Correspondence_ FW_ FERC Correspondence With Government Agencies issued in FERC P-803-123From: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; Little, Melissa; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug
Cc:Loeser, Kamie; Nuzum, Danielle
Subject:Board Correspondence: FW: FERC Correspondence With Government Agencies issued in FERC P-803-123
Date:Monday, June 30, 2025 4:51:39 PM
Please see Board Correspondence
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Subject: FERC Correspondence With Government Agencies issued in FERC P-803-123
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On 6/30/2025, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-803-123
Lead Applicant: Pacific Gas and Electric Company
Filing Type: FERC Correspondence With Government Agencies
Description: Letter to National Marine Fisheries Service West Coast Regional Office discussing the request for concurrence with determinations under section 7 etc. and requesting comments and response within 60 days re the
DeSabla-Centerville Project under P-803.
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FEDERAL ENERGY REGULATORY COMMISSION
Washington, D.C. 20426
OFFICE OF ENERGY PROJECTS
Project No. 803-123 -- California
DeSabla-Centerville Hydroelectric
Project
Pacific Gas and Electric Company
June 30, 2025
VIA Electronic Mail
Ms. Cathy Marcinkevage
National Marine Fisheries Service
West Coast Regional Office
ccvo.consultationrequests@noaa.gov
Subject: Request for concurrence with determinations under section 7 of the Endangered
Species Act and Magnuson-Stevens Fishery Conservation and Management Act
Dear Ms. Marcinkevage:
The purpose of this letter is to request concurrence from the National Marine
Fisheries Service (NMFS) with our determination under section 7 of the Endangered
Species Act regarding a temporary variance of the minimum flow requirements for the
DeSabla-Centerville Hydroelectric Project No. 803, located on Butte Creek, West Branch
Feather River, and their tributaries in Butte County, California. We conclude that the
proposed action is likely to affect, but not likely to adversely affect, federally-listed
Central Valley (CV) spring-run Chinook salmon and California Central Valley (CCV)
steelhead, and their critical habitats. This watershed also contains Pacific Coast Salmon
essential fish habitat (EFH) for Chinook salmon, as designated under the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). We have determined that
the temporary variance, as proposed, will not adversely affect Pacific Coast Salmon EFH.
Background
On May 6, 2025, Pacific Gas and Electric Company (licensee) filed a request with
the Federal Energy Regulatory Commission (Commission) for a temporary variance of
Document Accession #: 20250630-3075 Filed Date: 06/30/2025
Project No. 803-123 - 2 -
the minimum flow requirements under Article 39 1 of its project license.2 The project
area is located within the range of the federally-listed CCV steelhead, as well as CV
spring-run Chinook salmon and its critical habitat.
Article 39 of the project license requires that the licensee maintain minimum
streamflows at various project locations. In particular, during a normal water year, the
licensee is required to maintain year-round instantaneous minimum flows of 15 cubic feet
per second (cfs) in the West Branch Feather River below Hendricks Head Diversion
Dam. In addition, the licensee is required to release 2 cfs from Philbrook Reservoir into
Philbrook Creek during all water year types. Commission staff consider the baseline
conditions for the proposed action to be current project operations and the existing
license requirements under license Article 39.
Proposed Action
The licensee is requesting a temporary variance of the minimum flow
requirements in the West Branch Feather River below the Hendricks Head Dam (gage
BW-40) and in Philbrook Creek below Philbrook Dam (gage BW-3). The licensee
requests that the instantaneous minimum instream flow requirement at Hendricks Head
Dam be temporarily modified to 7 cfs, 48-hour average minimum instream flow and that
the instantaneous minimum instream flow in Philbrook Creek below Philbrook Reservoir
be temporarily modified to a target between 1 to 2 cfs, 48-hour average minimum
instream flow. The licensee states that the temporary variance would eliminate the need
to release additional buffer flows and instead, allocate those flows to the lower reaches of
Butte Creek, where CV spring-run Chinook salmon are currently holding.3 Additionally,
the licensee states that the proposed variance would preserve cold water storage in
Philbrook Reservoir, increase flow to Butte Creek via the Hendricks Canal, and decrease
water residence time in the DeSabla Forebay, thus providing additional water to Butte
Creek during the hot summer months to minimize high temperature effects to CV spring-
run Chinook salmon. However, as explained below, the proposed action would have
ancillary benefits to CCV steelhead. During the proposed variance, the licensee would
also: hold weekly meetings with the resource agencies 4; make operational adjustments in
consultation with the resource agencies; monitor and provide weekly flow changes to the
1 Order Amending Revised Exhibit S (26 FERC ¶ 62,236), issued March 15, 1984.
2 Order Issuing License (Major) (11 FERC ¶ 62,207), issued June 12, 1980.
3 Spring-run Chinook typically are impeded in their migration in the vicinity of
the quartz pool, located approximately one mile downstream (south) of the Lower
Centerville Diversion Dam, while the upstream extent of steelhead migration is the
Lower Centerville Diversion Dam itself. See Appendix A for locations of project
facilities.
4 The resource agencies include the California Department of Fish and Wildlife,
U.S. Forest Service, NMFS, and U.S. Fish and Wildlife Service.
Document Accession #: 20250630-3075 Filed Date: 06/30/2025
Project No. 803-123 - 3 -
resource agencies; and notify the resource agencies of any event that significantly inhibits
or impairs release structures. The licensee requests the variance until September 30,
2025.
Analysis
Prior to filing its request with the Commission, the licensee requested technical
support from NMFS staff on the proposed variance, which included meetings and email
correspondence. This effort culminated in an April 29, 2025, email from NMFS staff in
support of the variance. In its May 6, 2025, filing, the licensee provides an analysis of
the potential effects of the proposed variance.5 The following provides an overview of
the proposed variance and Commission staff’s effect determination.
The licensee’s proposed variance would reallocate water supply in the upper
watershed with the broader objective of reserving water supply and decreasing water
temperatures in the lower watershed, where CV spring-run Chinook salmon are holding.
Currently, the lower Centerville Diversion Dam on Butte Creek (see Appendix A) is the
upstream extent of migration where fish passage is currently blocked. The proposed
variance would reduce instream flows in Philbrook Creek below Philbrook Dam and in
the West Branch Feather River below Hendricks Head Diversion Dam. These locations
are outside of the range of federally-listed migratory salmonids, which are blocked by the
Feather River Fish Barrier Dam, located downstream of Lake Oroville. However, the
remaining 1-2 cfs alternative flow in Philbrook Creek would replicate that which was
implemented during previous drought variances and should ensure adequate flow and
reduced water temperatures for a nominal fishery located below the reservoir comprised
of rainbow and brown trout.
Approval of the licensee’s request would reduce flows in Philbrook Creek by up to
1 cfs, or 50% below the required flow of 2 cfs, as averaged over 48 hours. The reduced
instream flows would allow for cold-water pool and reservoir storage conservation,
which would prolong cold water released later into the summer months. Downstream of
Philbrook Dam, Philbrook Creek meets with the West Branch Feather River before
meeting the Hendricks Head Diversion Dam. At the Hendricks Head Diversion Dam, the
licensee would forego releasing buffer flows, with these flows instead being diverted to
the Hendricks Canal, through the DeSabla Forebay where they would then pass through
the DeSabla Powerhouse before joining Butte Creek. The increased flows in Hendricks
Canal would also reduce residence time and warming, which would otherwise occur in
the DeSabla Forebay, thus increasing flow and decreasing water temperatures in Butte
Creek.
5 The licensee’s filing can be found at:
https://elibrary.ferc.gov/eLibrary/filedownload?fileid=FD0E3D5D-F9B4-C14E-9E1D-
96AAAF100000.
Document Accession #: 20250630-3075 Filed Date: 06/30/2025
Project No. 803-123 - 4 -
The proposed variance is similar to those approved in previous years, with one
exception. That is, under the subject variance, the licensee would release 7 cfs from
Hendricks Head Dam, as averaged over 48 hours to the West Branch Feather River,
compared to previous variances, where it was approved to release a range of 7 cfs to 15
cfs to the West Branch Feather River. Thus, the current variance request would allow
relatively more flow to pass through Hendricks Canal and DeSabla Forebay before
entering Butte Creek compared to previous variances. Similar to Philbrook Creek, the
West Branch Feather River contains a fishery primarily composed of small rainbow and
brown trout, with additional brook trout, Sacramento sucker, and other cyprinids. This
reduced flow (7 cfs) is considered adequate under the current license to provide habitat
for resident fish species in a dry water year.
As a result of the modified water allocations, Commission staff conclude that the
proposed action would benefit CV spring-run Chinook salmon by reducing water
temperatures in Butte Creek, which would otherwise increase gradually with higher
ambient temperatures in the summer and fall, thus reducing risk of mortality associated
with elevated water temperatures and ensuing stress and disease. In addition, the
proposed action would benefit juvenile steelhead, which may be present in the system
below Lower Centerville Diversion Dam through reduced temperatures. The increased
flows would also increase available aquatic habitat in Butte Creek. Overall, the proposed
variance would be wholly beneficial to aquatic resources in Butte Creek below Lower
Centerville Diversion Dam, including federally-listed CV spring-run Chinook salmon and
CCV steelhead and their critical habitat.
Conclusion
Commission staff have reviewed the licensee’s May 6, 2025, filing, and adopts the
findings therein as part of this analysis. In addition, Commission staff are including
by reference, letters of support from the California Department of Fish and Wildlife and
U.S. Fish and Wildlife Service.6 Owing to the purely beneficial nature of the proposed
variance, Commission staff conclude that the proposed variance may affect, but is not
likely to adversely affect CCV steelhead or CV spring-run Chinook salmon or their
critical habitat. Therefore, we do not believe that formal consultation is required under
the Endangered Species Act. Please tell us in writing within 60 days if you do or do
not agree with our assessment. Considering the urgent nature of this request, we
would appreciate an expedited review and response.
The Commission strongly encourages electronic filing. Please file your response
using the Commission’s eFiling system at http://www.ferc.gov/docsfiling/efiling.asp. For
6 The resource agencies’ letters of support are found in the licensee’s May 6, 2025,
filing.
Document Accession #: 20250630-3075 Filed Date: 06/30/2025
Project No. 803-123 - 5 -
assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866)
208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a
paper copy. Submissions sent via the U.S. Postal Service must be addressed to:
Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Debbie Anne Reese, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any
filing should include docket number P-803-123.
Thank you for your assistance. If you have any questions regarding this letter,
please contact Joy Kurtz at 202-502-6760 or joy.kurtz@ferc.gov.
Sincerely,
Andrea Claros, Chief
Aquatic Resources Branch
Division of Hydropower
Administration and Compliance
cc: VIA FERC Service
Ms. Stephanie Maggard
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
VIA Electronic Mail
Mr. Sky Ramirez-Doble
Pacific Gas and Electric Company
S9RV@pge.com
Ms. Megan Young
Pacific Gas and Electric Company
mry2@pge.com
Mr. Matt Joseph
Pacific Gas and Electric Company
MWJA@pge.com
Document Accession #: 20250630-3075 Filed Date: 06/30/2025
ANDREA
CLAROS
Digitally signed by
ANDREA CLAROS
Date: 2025.06.30
15:14:12 -04'00'
Project No. 803-123 - 6 -
Appendix A
Locations of major project facilities. (Source: PG&E, as modified by staff)
Notes: 1-Inskip Creek, 2-Kelsey Creek, 3-Stevens Creek, 4-Clear Creek, 5-Little
Butte Creek, 6-Little West Fork, 7-Cunningham Ravine, 8-Long Ravine, 9-Oro
Fino Ravine, 10-Emma Ravine, 11-Coal Claim Ravine, 12-Helltown Ravine.
Document Accession #: 20250630-3075 Filed Date: 06/30/2025
Document Content(s)
P-803-123 NMFS sec 7 concurrence letter.pdf...............................1
Document Accession #: 20250630-3075 Filed Date: 06/30/2025