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HomeMy WebLinkAbout08.25.25 Board Correspondence_ FW_ Delegated Order issued in FERC P-803-125From: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: Delegated Order issued in FERC P-803-125 Date:Monday, August 25, 2025 9:34:58 AM Please see Board Correspondence -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Monday, August 25, 2025 8:45 AM Subject: Delegated Order issued in FERC P-803-125 .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 8/25/2025, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document: Docket(s): P-803-125 Lead Applicant: Pacific Gas and Electric Company Filing Type: Delegated Order Description: Order Amending License to Incorporate Biological Opinion Terms and Conditions re Pacific Gas and Electric Company's DeSabla-Centerville Hydroelectric Project under P-803. 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Comments and Suggestions can be sent to this email address: mailto:FERCOnlineSupport@Ferc.gov 192 FERC ¶ 62,109 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Pacific Gas and Electric Company 803-125 ORDER AMENDING LICENSE TO INCORPORATE BIOLOGICAL OPINION TERMS AND CONDITIONS (Issued August 25, 2025) 1.On March 14, 2025, Pacific Gas and Electric Company (PG&E or licensee), filed a draft biological assessment (BA) under section 7 of the Endangered Species Act (ESA) addressing the potential effects to threatened and endangered species and proposed critical habitats that could occur as a result of the licensee’s proposed concrete repair work at the Hendricks Head Dam of the DeSabla-Centerville Hydroelectric Project No. 803.1 The project is located on Butte Creek, West Branch Feather River, and their tributaries in Butte County, California. The project occupies lands administered by the U.S. Forest Service and Bureau of Land Management. Background 2.On October 15, 2019, the Commission’s Division of Dam Safety and Inspections (D2SI)San Francisco Regional Office (SFRO)issued a letter following a dam safety inspection requiring the licensee to make repairs to the Hendricks Head Dam, among other items. PG&E completed an assessment of Hendricks Head Dam in September 2022, and, on August 30, 2024,filed a plan and schedule with D2SI-SFRO to complete the required repair. On November 8, 2024, D2SI-SFRO informed PG&E that it must complete consultation under section 7 of the ESA before D2SI would authorize the proposed repair work. On November 27, 2024, Commission staff designated PG&E as non-federal representative for informal consultation with the U.S. Fish and Wildlife Service (FWS) under section 7 of the ESA. 3.On March 14, 2025, the licensee filed a draft BA evaluating the effects of the Hendricks Head Dam repairs on species listed as threatened, endangered, or proposed as threatened or endangered under the ESA. The draft BA evaluated effects of the proposed repairs on the endangered gray wolf (Canus lupus);the threatened North American wolverine (Gulo gulo luscus), California red-legged frog (Rana draytonii),and foothill yellow-legged frog (Rana boylii);the proposed threatened monarch butterfly (Danaus 1 Pacific Gas and Electric Company, 11 FERC ¶62,207 (1980). Document Accession #: 20250825-3047 Filed Date: 08/25/2025 Project No. 803-125 -2 - plexippus), northwestern pond turtle (Actinemys marmorata), and Sierra Nevada Distinct Population Segment (DPS)of California spotted owl (Strix occidentalis occidentalis); and proposed critical habitat for the foothill yellow-legged frog.The draft BA describes the Action Area2 for the proposed work to include: (1) the footprint of the Hendricks Head Dam; (2) the project staging area at the Hendricks Head Dam and the footpath to the dam, (3) the helicopter flight path, landing zone, and secondary staging area, and (4) a 100-ft buffer around all the aforementioned areas. 4.The draft BA states that the proposed repairs would not affect gray wolves and wolverine because they are expected to avoid work and staging areas. The proposal would not affect California red-legged frogs because their habitat does not occur at the project site,nor would it affect monarch butterflies because the proposed work would not disturb butterflies or milkweed (the host plant for monarch butterfly reproduction). In addition, habitat in the action area would not be altered, therefore the proposal would not affect proposed critical habitat for foothill yellow-legged frog. The draft BA evaluates the effects of the proposal on foothill yellow-legged frog, California spotted owl, and northwestern pond turtle, which have been observed in, or have the potential to be present in, the project area. Consultation under the Endangered Species Act 5.On April 2, 2025,Commission staff initiated formal consultation under section 7 of the ESA by adopting the licensee’s draft BA and forwarding it the FWS.The BA determined that the proposed action may affect and is likely to adversely affect foothill yellow-legged frog and northwestern pond turtle due to the disturbance of frogs and turtles that may occur in pools immediately upstream and downstream of the Hendricks Head Dam and the potential need to relocate frogs and turtles out of harm’s way that do not leave of their own volition. In addition, Commission staff determined that the action may affect but would not likely adversely affect California spotted owl because the effects would be limited to short term disturbances during helicopter flights that would occur later in the fledging period for juvenile owls.The licensee proposed 25 conservation measures to minimize potential effects to listed species. 6.On August 14, 2025, the FWS filed a Biological Opinion (BO) addressing the licensee’s proposed repair work at Hendricks Head Dam. The FWS concurred with Commission staff’s determination that the project, including proposed conservation measures,is not likely to adversely affect California spotted owl and would not adversely modify proposed foothill yellow-legged frog critical habitat. The FWS reached this conclusion because: (1) the proposed action would not alter California spotted owl 2 The Action Area is defined by 50 C.F.R. 402.02 as “all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.” Document Accession #: 20250825-3047 Filed Date: 08/25/2025 Project No. 803-125 -3 - habitat; (2) the action is scheduled to occur later in the California spotted owl breeding season, when juveniles have fledged, and therefore work is not likely to affect reproductive success; and (3) proposed work would be conducted directly on existing concrete structures, therefore implementation would not directly or indirectly alter the proposed critical habitat in a way that appreciably diminishes the value of the habitat for the conservation of the foothill yellow-legged frog. 7.In its BO, the FWS states that the proposed repair work at Hendricks Head Dam would not likely jeopardize the continued existence of the foothill yellow-legged frog or the northwestern pond turtle. The FWS reached this conclusion because the project- related effects to the species, when added to the environmental baseline and analyzed in consideration of all potential cumulative effects, would not rise to the level of precluding recovery or reducing the likelihood of survival of the species based on the following: (1) PG&E’s proposed conservation measures that will minimize potential effects to the species; (2) PG&E’s close coordination with the FWS in 2024 and 2025 to ensure project activities would be conducted in the least harmful manner practicable; (3) project activities would not cause adverse effects to habitat for listed species, critical or otherwise; and (4) the limited magnitude, scope, and timing of the proposed action. 8.The FWS included in the BO an Incidental Take Statement with one reasonable and prudent measure, including one term and condition, in order to minimize incidental take of foothill yellow-legged frogs and northwestern pond turtles anticipated to result from the Hendricks Head Dam Repair. The Incidental Take Statement states that the FWS does not anticipate any lethal take of foothill yellow-legged frogs and northwestern pond turtles as a result of the Hendricks Head Dam repair. Upon implementation of the reasonable and prudent measures, incidental take of foothill yellow-legged frogs and northwestern pond turtles associated with the Hendricks Head Dam repair project would become exempt from the prohibitions described in section 9 of the ESA. 9.The terms and conditions are nondiscretionary measures that must be followed to comply with the incidental take provisions under the ESA. In summary, the term and condition requires the licensee to: (1) fully implement and adhere to all conservation measures, (2) require that all personnel associated with this work are made aware of the conservation measures and the responsibility to implement them fully,and (3)report direct encounters between listed species and project workers and their equipment whereby incidental take in the form of harassment, harm, or injury occurs to the FWS Bay-Delta Fish and Wildlife Office within three days of the occurrence. The BO specifies handling and care of injured listed species, including salvage and disposition of individuals. The reasonable and prudent measure and terms and conditions are attached to this order as Appendix A. 10.The FWS also included two conservation recommendations in its BO. Conservation recommendations are discretionary activities to minimize or avoid effects to listed species or critical habitat, to help implement recovery plans, or to develop Document Accession #: 20250825-3047 Filed Date: 08/25/2025 Project No. 803-125 -4 - information. The FWS recommends that the licensee continues to work closely with the FWS to determine the best applicable management for the foothill yellow-legged frogs and northwestern pond turtles within the project area, including ramping rates and other measures that reduce impacts on various life stages of the species from implementation of the DeSalba-Centerville Hydroelectric Project. The FWS also recommends sightings of any listed or sensitive species should be reported to the California Department of Fish and Wildlife’s California Natural Diversity Database and provide a copy of the reporting form to the FWS. Commission staff agrees that these recommendations would provide benefits for future conservation efforts concerning the foothill yellow-legged frog and northwestern pond turtle, and therefore we have added the recommendation to Appendix A to require the licensee to implement the conservation recommendation. Conclusion 11.Construction activities associated with the Hendricks Head Dam concrete repair required by D2SI SFRO are likely to adversely affect the foothill yellow-legged frogs and northwestern pond turtles but are not likely to jeopardize the continued existence of these species. 12.To reduce or avoid impacts to the foothill yellow-legged frogs and northwestern pond turtles, the FWS stipulated in its BO Incidental Take Statement a reasonable and prudent measure and terms and conditions for the proposed construction activities. With implementation of the terms and conditions, the foothill yellow-legged frogs and northwestern pond turtles would be adequately protected. Therefore, the terms and conditions, attached to this order as Appendix A, should be made part of the project license. To keep the Commission informed regarding the effects of the concrete repair work on this species, the licensee should be required to file copies of reports required by the terms and conditions of the BO. The Director orders: (A)Pacific Gas and Electric Company’s license for the DeSalba-Centerville Hydroelectric Project No. 803 is amended to incorporate the terms and conditions of the August 14,2025 Biological Opinion submitted by the U.S. Fish and Wildlife Service under section 7 of the Endangered Species Act. Those terms and conditions in the Biological Opinion are set forth in Appendix A to this order. (B)Pacific Gas and Electric Company must file with the Commission copies of any reports or notifications for which it is responsible, or to which it contributes, under the terms and conditions of the U.S. Fish and Wildlife Service’s August 14, 2025 Biological Opinion. The licensee must allow the U.S.Fish and Wildlife Service a minimum of 30 days to comment and make recommendations before filing the reports with the Commission. For any agency recommendation that Pacific Gas and Electric Company does not incorporate into the reports filed with the Commission, it must Document Accession #: 20250825-3047 Filed Date: 08/25/2025 Project No. 803-125 -5 - provide its reasons using project-specific information. (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 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. Jot Splenda, Chief Environmental and Project Review Branch Division of Hydropower Administration and Compliance Document Accession #: 20250825-3047 Filed Date: 08/25/2025 Project No. 803-125 -6 - APPENDIX A Reasonable and Prudent Measures and Terms and Conditions included in the U.S.Fish and Wildlife Services Biological Opinion for the DeSalba-Centerville Hydroelectric Project No. 803 Filed August 14, 2025 REASONABLE AND PRUDENT MEASURES All necessary and appropriate measures to avoid or minimize the effects on foothill yellow-legged frogs and northwestern pond turtles resulting from implementation of this project have been incorporated into the project’s proposed conservation measures. Therefore, the Service believes the following reasonable and prudent measure is necessary and appropriate to minimize incidental take of foothill yellow-legged frogs and northwestern pond turtles. 1. All conservation measures, as described in the biological assessment and restated here in the Project Description section of this biological and conference opinion, shall be fully implemented and adhered to. Further, this reasonable and prudent measure shall be supplemented by the terms and conditions below. TERMS AND CONDITIONS In order to be exempt from the prohibitions of section 9 of the Act, the FERC must ensure compliance with the following terms and conditions, which implement the reasonable and prudent measure described above. The term and condition is nondiscretionary. 1.Term and Condition 1 implements Reasonable and Prudent Measure 1: a.FERC shall include full implementation and adherence to the conservation measures as a condition of any permit or contract issued for the project. b.FERC shall require that all personnel associated with this project are made aware of the conservation measures and the responsibility to implement them fully. c.PG&E (and FERC, where applicable) shall contact the Assistant Field Supervisor of the San Francisco Bay-Delta Fish and Wildlife Office at (916) 930-2658 within three working days to report direct encounters between listed species and project workers and their equipment whereby incidental take in the form of harassment, harm, or injury occurs. Due to the lack of cellular signal within the river canyon and associated delays, the Service allows three days for reporting instead of our typical one day. When injured or killed individuals of the listed species are found, PG&E Document Accession #: 20250825-3047 Filed Date: 08/25/2025 Project No. 803-125 -7 - shall follow the steps outlined in the Salvage and Disposition of Individuals section below. For those components of the action that will require the capture and relocation of any listed species, PG&E shall contact the San Francisco Bay-Delta Fish and Wildlife Office at (916) 930-2658 within three working days to report the action. SALVAGE AND DISPOSITION OF INDIVIDUALS Injured listed species must be cared for by a licensed veterinarian or other qualified person(s), such as the Service-approved biologist. Dead individuals must be sealed in a resealable plastic bag containing a paper with the date and time when the animal was found, the location where it was found, and the name of the person who found it, and the bag containing the specimen frozen in a freezer located in a secure site, until instruction s are received from the Service regarding the disposition of the dead specimen. The Service contact person is the FERC Coordinator at the San Francisco Bay-Delta Fish and Wildlife Office at (916) 930-2658. CONSERVATION RECOMMENDATIONS Section 7(a)(1) of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. The Service recommends the following actions: 1.Continue to work closely with the Service to determine the best applicable management for the FYLF and NPWT within the Project area, including protective ramping rates and other measures that reduce impacts to various life stages of the species from implementation of the DeSalba-Centerville Hydroelectric Project. 2.Sightings of any listed or sensitive species should be reported to California Fish and Wildlife’s CNDDB. A copy of the reporting form and a topographic map clearly marked with the location of where the individuals were observed should be provided to the Service. In order for the Service to be kept informed of actions minimizing or avoiding adverse effects or benefiting listed species or their habitat, the Service requests notification of the implementation of any conservation recommendations. Document Accession #: 20250825-3047 Filed Date: 08/25/2025 Document Content(s) P-803-125_Order Incorp BO.docx............................................1 Document Accession #: 20250825-3047 Filed Date: 08/25/2025