HomeMy WebLinkAbout08.15.25 Board Correspondence_ FW_ Delegated Order issued in FERC P-803-124From: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
Cc:Loeser, Kamie; Nuzum, Danielle
Subject:Board Correspondence: FW: Delegated Order issued in FERC P-803-124
Date:Friday, August 15, 2025 2:28:44 PM
Please see Board Correspondence
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Subject: Delegated Order issued in FERC P-803-124
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On 8/15/2025, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-803-124
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Delegated Order
Description: Order Modifying and Approving Foothill Yellow-Legged Frog Monitoring Plan Pursuant to November 19, 2024, Letter re Pacific Gas and Electric Company's DeSabla-Centerville Project under P-803.
To view the document for this Issuance, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20250815-
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192 FERC ¶ 62,090
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas and Electric Company Project No 803-124
ORDER MODIFYING AND APPROVING FOOTHILL YELLOW-LEGGED FROG
MONITORING PLAN PURSUANT TO NOVEMBER 19, 2024, LETTER
(Issued August 15,2025)
1.On May 19, 2025, Pacific Gas and Electric Company (licensee)filed a Foothill
Yellow-Legged Frog Monitoring Plan with the Federal Energy Regulatory Commission
(Commission) for approval pursuant to the Commission’s November 19, 2024, letter for
the DeSabla-Centerville Project No. 803. The project is located on Butte Creek, West
Branch Feather River, and their tributaries in Butte County, California.The project
occupies lands of the United States within Lassen National Forest administered by the
U.S. Forest Service (Forest Service) and Bureau of Land Management.
License Requirement and Background
2.On August 9, 2023, the project’s Butte Canal was breached when the licensee
increased flows diverted to the Canal from Butte Creek Diversion Dam. As a result of
the breach, approximately 6,700 cubic yards of debris entered Butte Creek from a newly
formed channel spurring off the Canal. Between November 29, 2023, and November 18,
2024, Commission staff investigated the incident, which ultimately culminated in a
November 18, 2024, letter, in which the Commission found the licensee in violation of
the project license on the basis that the incident was preventable.1
3.The Commission’s November 18, 2024, letter required multiple follow-up actions
to address the adverse environmental effects of the failure, including the development of
a Foothill Yellow-Legged Frog Monitoring Plan (Plan). The Plan must contain
provisions to continue monitoring the federally-protected foothill yellow-legged frog
(FYLF) population in Butte Creek in order to compare with monitoring results from a
2006 study, which represent pre-failure conditions. The Plan must also contain a
contingency for mitigation to the Butte Creek FYLF population if monitoring confirms a
1 Commission staff reasoned that the licensee was aware of vulnerabilities in that
section of the Canal following a May 31, 2023, geohazard assessment of the Canal, but
did not prioritize its remediation.
Document Accession #: 20250815-3015 Filed Date: 08/15/2025
Project No. 803-124 2
significant loss of FYLF from the 2023 failure and associated sediment release. The Plan
must be developed in consultation with the U.S. Fish and Wildlife Service (FWS) and
California Department of Fish and Wildlife (California DFW)(collectively, agencies)
and filed by February 17, 2025.
4.On February 19, 2025, the licensee provided an update on the development of the
Plan, indicating that it was actively coordinating with the agencies on the development of
the Plan, and that it was resolving agency comments it received on the draft Plan. The
licensee stated it was working to resolve all comments and would file the final Plan with
the Commission by May 19, 2025.
Licensee’s Plan
5.The licensee’s Plan outlines a study proposed for 2025 through 2028 that expands
upon FYLF studies undertaken by the licensee in 2023 and 2024 following the Butte
Canal failure.2 The details of the study, as well as provisions for reporting the results and
qualifying the need for mitigation,are explained below.
6.The study will include both visual encounter surveys and habitat assessments
designed to accomplish the following goals: 1) determine if reproduction is occurring
throughout Butte Creek after the failure; 2) determine if recruitment is successful in the
Butte Creek system; and, 3) compare current occupation numbers to historical baseline
data (i.e., 2006 data). A total of 10 sites will be monitored:including all six sites that the
licensee used in its 2024 surveys; two that the licensee used in its 2006 surveys; and two
new sites in the West Branch Feather River that were also monitoring in 2006. The West
Branch Feather River sites will serve as control sites since the West Branch Feather River
is in a separate drainage system than Butte Creek and thus, not affected by the failure. In
addition to visual encounter surveys and habitat assessments, the licensee will also
complete a vegetation survey at each site with the purpose of determining if vegetation
encroachment is impacting the suitability of that site for breeding. If it is, the licensee
will consider undertaking small-scale vegetation removal efforts to enhance breeding
habitat during the following fall, taking into account private property access and
permitting needs. All work will take place as specified in the applicable permits and
boots, waders, and equipment will be decontaminated before and after monitoring to
prevent the spread of invasive species.
2 The Commission’s November 19, 2024, letter requires the licensee to coordinate
with the agencies to conduct FYLF monitoring that was initiated shortly after the failure
in 2023. The licensee filed the results of its 2024 monitoring efforts with the
Commission on January 22, 2025. It is available at:
https://elibrary.ferc.gov/eLibrary/filedownload?fileid=2CF7418C-C075-C9D2-9E27-
948F20300000.
Document Accession #: 20250815-3015 Filed Date: 08/15/2025
Project No. 803-124 3
7.Following each monitoring season, the licensee will develop a technical
monitoring report by January 31st of the following year. The report will detail the survey
results and include a discussion of the habitat assessments as well as a comparison of the
results with 2006 survey data to determine the effects of the failure on FYLF. To
determine whether a significant population loss has (or is) occurring because of the
failure, the licensee will conduct statistical analyses and modeling. The definition of
“significant loss” is defined in terms of the modeling results, with the parameters of the
model explained in more detail in the Plan.By in large, data will be analyzed to answer
the following questions: 1) how do the predictor variables, including exposure to
sediment deposition from the failure, influence differences in population size across the
control sites on the West Branch Feather River and sites affected by the failure (the
remaining sites)?; and, 2) how are FYLF population trends and demographics influenced
in the control sites versus the affected sites?
8.Should the results indicate a significant loss of the FYLF population occurred
during the respective year, the licensee will consult with the agencies to discuss adaptive
management strategies that can be implemented prior to the conclusion of the study (i.e.,
2028). Conversely, if monitoring results indicate there has not been a significant
population loss during the respective year, the licensee will review the data at the
conclusion of the study in 2028 to determine if mitigation is warranted. This will ensure
that the study results are being examined comprehensively in addition to year by year and
that mitigation is implemented as appropriate.
Agency Consultation
9.The licensee met with the agencies to develop the Plan on January 13, March 27,
and April 10, 2025. Prior to each meeting, the licensee provided the agencies a Plan to
review, and then it was further modified following each meeting. The licensee included a
matrix of agency comments with its Plan. The licensee incorporated all agencies into the
Plan.
Discussion
10.The licensee’s Plan is a formal adaptation of its monitoring efforts from 2023 and
2024 that was developed in consultation with the agencies following the 2023 Butte
Canal failure to determine the effect of the failure on FYLF populations in Butte Creek.
The Plan provides for monitoring FYLF populations through 2028 and establishes control
sites outside of the Butte Creek basin to contrast Butte Creek FYLF populations against
post-failure. The analyses proposed in the Plan should be useful in determining whether
a significant loss of FYLF population has occurred because of the failure and establishes
criteria for implementing emergency mitigation in consultation with the agencies with an
adaptive-management focus. Finally, the Plan’s annual reporting should keep the
agencies and Commission apprised of actions under the Plan as well as the monitoring
results.
Document Accession #: 20250815-3015 Filed Date: 08/15/2025
Project No. 803-124 4
11.However, there are two components of the Plan that require modification. First,
the licensee proposes to file an annual report by January 31st of the year following
monitoring, but it does not specify who the report will be filed with and whether the
agencies will have an opportunity to comment on the report prior to it being filed with the
Commission. Therefore, the licensee should file the report with the agencies by January
31st and provide them 30 days to review and comment on the report. Following the
review period for the report, the licensee should incorporate all agency comments into the
report and file it with the Commission by March 1st. For any agency comments the
licensee does not incorporate into the report, it should include its reasons, using project-
specific information, in its filing with the Commission.
12.Second, the final report under the Plan, which captures 2028 monitoring data,
should clearly indicate whether any mitigation is proposed for the future. If mitigation is
proposed, the licensee should file a plan and schedule for completing the mitigation,
along with documentation of agency concurrence on the mitigation activities, with its
final report to the Commission (due March 1, 2029).
13. The Commission should also reserve its authority to require changes to the Plan
based on monitoring results and agency comments. With these modifications, the Plan
should be approved.
The Director orders:
(A)Pacific Gas and Electric Company’s (licensee) Foothill Yellow-Legged
Frog Monitoring Plan (Plan) for the DeSabla-Centerville Project No. 803, filed with the
Federal Energy Regulatory Commission (Commission) on May 19, 2025,pursuant to the
Commission’s November 19, 2024,letter,as modified by ordering paragraphs (B), (C),
and (D),is approved.
(B) The licensee must file its annual reports with the U.S. Fish and Wildlife
Service and California Department of Fish and Wildlife (collectively, agencies) for
review and comment by January 31st following the respective monitoring year.
Following incorporation of agency comments into the report, the licensee must file its
annual reports, including its consultation record with the agencies, with the Commission
by March 1st following the respective monitoring year. For any agency comments the
licensee does not incorporate into the report, it should include its reasons, using project-
specific information, in its filing with the Commission.
(C)The final report under the Plan, due to the Commission by March 1, 2029,
should identify any future mitigation activities, if warranted, and a plan and schedule for
completing the mitigation, as well as documentation of agency concurrence in its filing.
(D)The Commission reserves its right to require changes to the Plan based on
agency comments and monitoring data.
Document Accession #: 20250815-3015 Filed Date: 08/15/2025
Project No. 803-124 5
(E)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 section
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
licensee’s 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 #: 20250815-3015 Filed Date: 08/15/2025
Document Content(s)
P-803-124 Order.docx......................................................1
Document Accession #: 20250815-3015 Filed Date: 08/15/2025