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HomeMy WebLinkAbout09.18.25 Board Correspondence - FW_ Request for Delay of Action_Extension of Time submitted in FERC P-619-000 by Pacific Gas and Electric Company,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 Cc:Nuzum, Danielle; Loeser, Kamie Subject:Board Correspondence - FW: Request for Delay of Action/Extension of Time submitted in FERC P-619-000 by Pacific Gas and Electric Company,et al. Date:Thursday, September 18, 2025 11:55:06 AM Please see Board Correspondence - -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Thursday, September 18, 2025 11:45 AM Subject: Request for Delay of Action/Extension of Time submitted in FERC P-619-000 by Pacific Gas and Electric Company,et al. .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 9/18/2025, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.: Filer: Pacific Gas and Electric Company No Organization Found (as Agent) Docket(s): P-619-000 Lead Applicant: Pacific Gas and Electric Company Filing Type: Request for Delay of Action/Extension of Time Description: Pacific Gas and Electric Company submits request for an extension of time until 10/31/2026 to complete gravel augmentation as described in the Gravel Augmentation Plan re the Bucks Creek Hydroelectric Project under P-619. To view the document for this Filing, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20250918- 5095__;!!KNMwiTCp4spf!Fk_0GbaHFhW5Kz1ne84AdIxmQZClLwF7GSgdfz2xLE0K38v6EzU8SF3YXZJHum9vxTTuOmZ_8CuXn82AbfkMhc8GCoKlhKe9yRC8$ To modify your subscriptions, click here: ------------------------------------------------------------------------ Please do not respond to this email. Online help is available here: https://urldefense.com/v3/__http://www.ferc.gov/efiling-help.asp__;!!KNMwiTCp4spf!Fk_0GbaHFhW5Kz1ne84AdIxmQZClLwF7GSgdfz2xLE0K38v6EzU8SF3YXZJHum9vxTTuOmZ_8CuXn82AbfkMhc8GCoKlhKYRB0fW$ or for phone support, call 866-208-3676. Power Generation 300 Lakeside Drive Oakland, CA 94612 Mailing Address: P.O. Box 28209 Oakland, CA 94604 September 18, 2025 Via Electronic Submittal (E-File) Debbie-Anne Reese, Secretary Federal Energy Regulatory Commission 888 First Street, N. E. Washington, D.C. 20426 Re: Bucks Creek Hydroelectric Project, FERC No. 619-CA-CA Request for Extension of Time – Gravel Augmentation State Water Resources Control Board 401 Water Quality Certification Condition 14 and U.S. Department of Agriculture, Forest Service’s section 4(e) Condition No. 41 Dear Secretary Reese: Pacific Gas and Electric Company (PG&E) is writing to seek approval for an extension of time to complete gravel augmentation as described in the Gravel Augmentation Plan (GAP) for PG&E and City of Santa Clara’s (Licensees) Bucks Creek Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 619. FERC issued a new license for the Bucks Creek Project on June 16, 2022. State Water Resources Control Board (SWRCB) 401 Water Quality Certification (WQC) Condition 14 and U.S. Department of Agriculture, Forest Service’s (“Forest Service”) section 4(e) Condition No. 41 require the licensees to implement the Bucks Creek GAP. Section 3 of the GAP requires gravel augmentation at two locations: • Bucks Creek downstream of Lower Bucks Dam Spillway upstream of the right bank mass wasting site. • Grizzly Creek downstream of the Grizzly Creek gaging weir. On December 2, 2024, PG&E filed a request for an extension of time with FERC to complete the gravel augmentation by October 31, 2025. FERC issued an order granting the extension on May 21, 2025. Unfortunately, the gravel augmentation originally scheduled for 2025 will not proceed as planned due to recent regulatory clarifications. PG&E initially understood, based on early discussions with SWRCB staff, that the activity would not require a new Section 401 Water Quality Certification (WQC), as it was covered under the existing license and WQC. However, during preparations for the Section 404 permit application in April, PG&E requested written confirmation. At that time, SWRCB staff reversed their earlier guidance, citing the U.S. EPA’s 2023 Section 401 Certification Improvement Rule. Under this rule, any activity requiring a Document Accession #: 20250918-5095 Filed Date: 09/18/2025 Debbie-Anne Reese, Secretary September 18, 2025 Page 2 Section 404 permit must also obtain a new Section 401 certification, regardless of prior coverage. Given the required 30-day pre-filing meeting and one-year statutory review period, it is no longer feasible to complete the permitting process in time for 2025 implementation. PG&E must prioritize resources where they can be most effectively utilized. As a result, PG&E has made the difficult decision to cancel the 2025 implementation and instead focus on completing all necessary permitting to enable construction in fall 2026. We respectfully request an extension to perform gravel augmentation by October 31, 2026 (License Year 4), to ensure full compliance with applicable federal and state requirements. PG&E sought approval from the agencies in an email dated July 21, 2025. The Forest Service provided a concurrence letter via email on August 8, 2025 (Enclosure 1). PG&E has not yet received concurrence from the SWRCB but will promptly file with FERC upon receipt. For general questions, please contact PG&E’s Senior Consulting Scientist, Rohit Salve, at (925) 719-2110 or PG&E’s License Project Manager, Jamie Visinoni, at (530) 215-6676. Sincerely, Matthew Joseph Supervisor, Hydro License Compliance Enclosure: 1. EOT Concurrence email from USFS Document Accession #: 20250918-5095 Filed Date: 09/18/2025 United States Department of Agriculture Forest Service National Forest Quincy, CA 95971-6025 (530)283-2050 Voice Caring for the Land and Serving People Printed on Recycled Paper File Code: 2770 Date: August 8, 2025 Jamie Visinoni Hydro License Coordinator/Power Generation Pacific Gas and Electric Company jnvs@pge.com Re: Bucks Creek Gravel Augmentation Plan Extension of Time Dear Ms. Visinoni, I have reviewed Pacific Gas & Electric’s (PG&E’s) request for an extension of time to complete gravel augmentation as described in the Gravel Augmentation Plan (GAP) for PG&E and City of Santa Clara’s (Licensees) Bucks Creek Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 619. PG&E is requesting to extend the gravel augmentation completion date to October 31, 2026. Under the new Bucks Creek License #619, 4(e) Condition No. 41 requires the licensees to implement the Bucks Creek GAP. Section 3 of the GAP requires gravel augmentation at two locations: •Bucks Creek downstream of Lower Bucks Dam Spillway, upstream of the right bank •mass wasting site. •Grizzly Creek downstream of the Grizzly Creek gaging weir. In November of 2023, PG&E requested an extension of time (EOT) until August 1, 2024, to conduct the baseline topographic surveys required by the GAP according to Section 401 Water Quality Certification Condition 14 and Forest Service 4(e) Condition No. 41. The Forest Service concurred on November 3, 2023, and FERC issued an order granting the EOT on January 16, 2024. The baseline monitoring topographic surveys were completed June 27 - 28, 2024. PG&E submitted the Bucks Creek 2024 Gravel Augmentation Monitoring Survey Report, which included topographic survey results to FERC and the agencies on July 30, 2024. In November of 2024, the Forest Service granted a second EOT based on the need for PG&E to complete Section 404 review and authorization under the Clean Water Act for the gravel augmentation. The new deadline was October 31, 2025. Since this EOT was granted, PG&E has gained clarification on the regulatory requirements surrounding the 404 permit application from the State Water Resources Control Board (SWRCB). The SWRCB has informed PG&E that, under the U.S. Environmental Protection Agency’s 2023 Clean Water Act Section 401 Document Accession #: 20250918-5095 Filed Date: 09/18/2025 Certification Improvement Rule, a new Water Quality Certification is required for any activity necessitating a Section 404 permit, regardless of prior certification status. Given the required 30- day pre-filing meeting followed by the one-year statutory review period for Section 401 certifications, it is no longer feasible to complete the permitting process in time for 2025 gravel augmentation implementation. For this reason, PG&E is requesting another extension of time until October 31, 2026. Due to the recent additional permitting requirements, I approve this extension of time through October 31, 2026. If you have any questions, please contact Leslie Edlund, Public Service Staff Officer at (530) 283-7620, or by email at leslie.edlund@usda.gov. Sincerely, RACHEL BIRKEY Acting Forest Supervisor cc: Leigh Ellen Johnson, Erika Brenzovich Document Accession #: 20250918-5095 Filed Date: 09/18/2025 Digitally signed by RACHEL BIRKEY Date: 2025.08.08 12:34:29 -07'00' Document Content(s) PGE20250918_619_Bucks_Gravel_Augmentation_EOT_Ltr.pdf ....................1 PGE20250918_619_Bucks_Gravel_Augmentation_EOT_Enc1.pdf....................3 Document Accession #: 20250918-5095 Filed Date: 09/18/2025