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Home My WebLink About07.08.25 Board Correspondence_ FW_ Government Agency Submittal submitted in FERC P-803-123 by National Marine Fisheries Service - West Coast RegionFrom: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: Government Agency Submittal submitted in FERC P-803-123 by National Marine Fisheries Service - West Coast Region Date:Tuesday, July 8, 2025 3:45:33 PM Please see board correspondence -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Tuesday, July 8, 2025 1:15 PM Subject: Government Agency Submittal submitted in FERC P-803-123 by National Marine Fisheries Service - West Coast Region .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 7/8/2025, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.: Filer: National Marine Fisheries Service - West Coast Region Docket(s): P-803-123 Lead Applicant: Pacific Gas and Electric Company Filing Type: Government Agency Submittal Description: National Marine Fisheries Service, West Coast Region submits response to FERC's 06/30/2025 request for concurrence pursuant to Section 7 of the Endangered Species Act et al. related to a flow variance request re the DeSabla-Centerville Project, P-803. 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Refer to NMFS No: WCRO-2025-01899 July 3, 2025 Debbie-Anne Reese, Acting Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, D.C. 20426 Re: Endangered Species Act Section 7(a)(2) Concurrence Letter and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the DeSabla-Centerville Hydroelectric Project (P-803-123) Flow Variance Request Dear Acting Secretary Reese: This letter responds to the Federal Energy Regulatory Commission's (FERC) June 30, 2025, request for concurrence, pursuant to Section 7 of the Endangered Species Act (ESA) and the Magnuson-Stevens Fishery Conservation and Management Act (MSA), from NOAA’s National Marine Fisheries Service (NMFS) for the Pacific Gas and Electric Company's (PG&E) temporary variance of the minimum flow requirements for the DeSabla-Centerville Hydroelectric Project (P-803-123, Project). FERC's request qualified for our expedited review and concurrence because it contained all required information on FERC's proposed action and its potential effects to ESA-listed species, designated critical habitat, and MSA essential fish habitat (EFH) for Pacific salmon. Updates to the regulations governing interagency consultation (50 CFR part 402) were effective on May 6, 2024 (89 FR 24268). We are applying the updated regulations to this consultation. The 2024 regulatory changes, like those from 2019, were intended to improve and clarify the consultation process, and, with one exception from 2024 (offsetting reasonable and prudent measures), were not intended to result in changes to the Services’ existing practice in implementing section 7(a)(2) of the ESA (84 FR 45015; 89 FR 24268. We have considered the prior rules and affirm that the substantive analysis and conclusions articulated in this letter of concurrence would not have been any different under the 2019 regulations or pre-2019 regulations. We reviewed PG&E's draft flow variance request, which included comments and approvals from the resource agencies, FERC's consultation request document, and related materials. Based on our knowledge and expertise regarding these materials, we concur with FERC’s conclusions that PG&E's Final Flow Variance request is not likely to adversely affect the NMFS ESA-listed species and/or designated critical habitats. Document Accession #: 20250708-5134 Filed Date: 07/08/2025 2 CONSULTATION HISTORY • April 1, 2025, PG&E provided a draft flow variance request to the resource agencies • April 3, 2025, California Department of Fish and Wildlife provided comments and approved of the draft • April 28, 2025, U.S. Fish and Wildlife Service provided comments and approved of the draft • April 29, 2025, NMFS provided comments and approved of the draft • May 6, 2025, PG&E filed a request with FERC for a temporary variance of the minimum flow requirements of its project license • June 30, 2025, FERC requested concurrence that the proposed variance may affect, but would not likely adversely affect aquatic resources in Butte Creek below the Lower Centerville Diversion Dam, including federally-listed Central Valley (CV) spring-run Chinook salmon and California Central Valley (CCV) steelhead and their critical habitat, and would not adversely affect Pacific Coast Salmon EFH • June 30, 2025, NMFS determined the initiation package was complete and initiated consultation BRIEF SUMMARY OF THE PROJECT PG&E requested from FERC a temporary variance of the minimum flow requirements in the West Branch Feather River below the Hendricks Head Dam (gage BW-40) and Philbrook Creek below Philbrook Dam (gage BW-3). By reducing flows from 15 to 7 cubic feet per second (cfs), the remaining 8 cfs of buffer flows from the Hendricks Head Diversion Dam would be diverted though the Hendricks Canal to the DeSabla Forebay where they would pass through the DeSabla Powerhouse before joining Butte Creek. The increased flows in the Hendricks Canal would reduce residence time and warming, which would otherwise occur in the DeSabla Forebay; thus increasing flows and decreasing water temperatures in Butte Creek (providing improved habitat conditions for CV spring-run Chinook salmon and CCV steelhead). Reduced minimum flows at the Philbrook Dam to a target range of 1–2 cfs would allow for cold- water conservation in the reservoir, which would prolong the availability of cold water for release later in the summer month. 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; thus reductions in flows at these locations are not expected to result in negative effects for NMFS species or habitat. Figure 1 shows major PG&E facilities the project location. FERC concluded that the proposed action would be wholly beneficial to CV spring-run Chinook salmon and CCV steelhead and their critical habitat 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. Document Accession #: 20250708-5134 Filed Date: 07/08/2025 3 Figure 1. Location of major project facilities in the project area (PG&E 2025) This letter underwent pre-dissemination review using standards for utility, integrity, and objectivity in compliance with applicable guidelines issued under the Data Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001, Public Law 106-554). The concurrence letter will be available through NMFS’ Environmental Consultation Organizer (https://www.fisheries.noaa.gov/resource/tool-app/environmental- consultation-organizer-eco). A complete record of this consultation is on file at the Sacramento NMFS Office. Reinitiation of consultation is required and shall be requested by FERC, where discretionary federal involvement or control over the action has been retained or is authorized by law and (1) the proposed action causes take; (2) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; (3) the Document Accession #: 20250708-5134 Filed Date: 07/08/2025 4 identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the written concurrence; or (4) a new species is listed or critical habitat designated that may be affected by the identified action (50 CFR 402.16). This concludes the ESA consultation. NMFS also reviewed the Final Flow Variance request for potential effects on EFH designated under the MSA, including conservation measures and any determination FERC made regarding the potential effects of the action. This review was pursuant to section 305(b) of the MSA, implementing regulations at 50 CFR 600.920, and agency guidance for use of the ESA consultation process to complete EFH consultation. In this case, NMFS concluded that PG&E's flow variance request would not adversely affect EFH and would be beneficial. Thus, consultation under the MSA is not required for this action. Please direct questions regarding this letter to Kathryn Swick at the California Central Valley Office of NMFS at (301) 427-7812 or via email at kathryn.swick@noaa.gov. Sincerely, Ellen Roots, M.S. Chief, Sacramento River Basin Branch Enclosure cc: ARN 151422-WCR2025-SA0026 Joy Kurtz, joy, Federal Energy Regulatory Commission, kurtz@ferc.gov Mr. Sky Ramirez-Doble, Pacific Gas and Electric Company, S9RV@pge.com Document Accession #: 20250708-5134 Filed Date: 07/08/2025 Document Accession #: 20250708-5134 Filed Date: 07/08/2025 Document Content(s) 2025-07-03 Temporary Flow Variance FERC No. 803-123 Final.pdf ............1 Document Accession #: 20250708-5134 Filed Date: 07/08/2025