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Home My WebLink About03.27.26 Board Correspondence - FW_ Government Agency Submittal submitted in FERC P-803-129 by USFWS,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:Loeser, Kamie; Cannon, Jamie Subject:Board Correspondence - FW: Government Agency Submittal submitted in FERC P-803-129 by USFWS,et al. Date:Friday, March 27, 2026 4:02:32 PM Please see Board Correspondence - -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Friday, March 27, 2026 5:36 AM Subject: Government Agency Submittal submitted in FERC P-803-129 by USFWS,et al. .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 3/26/2026, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.: Filer: USFWS US Fish and Wildlife Service, Bay Delta FWO (as Agent) Docket(s): P-803-129 Lead Applicant: Pacific Gas and Electric Company Filing Type: Government Agency Submittal Description: U.S. Fish and Wildlife Service, San Francisco Bay-Delta Fish and Wildlife Office submits response to Pacific Gas and Electric 03/04/26 letter requesting concurrence determinations made under section 7 et al. re the DeSabla-Centerville Proj. under P-803. 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BEFORE THE UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION CERTIFICATE OF SERVICE I hereby certify that U.S Fish and Wildlife Service’s Informal Consultation and Informal Conference for the 2026 DeSabla-Centerville Minimum Instream Flow Variance for the DeSabla-Centerville Hydroelectric Project; Federal Energy Regulatory Commission (FERC) Project #P-803-129; Butte County, California has this day been electronically filed with the Federal Energy Regulatory Commission and served, via deposit in U.S. mail or by electric mail, upon each other person designated on the Service List for Project P-803 compiled by the Commission Secretary. Dated at Sacramento, California, this March 26, 2026. Brittany Reaves San Francisco Bay-Delta Fish and Wildlife Office 650 Capitol Mall, Suite 8-300 Sacramento, CA 95814 (530) 365-7150 Document Accession #: 20260326-5239 Filed Date: 03/26/2026 BRITTANY REAVES Digitally signed by BRITTANY REAVES Date: 2026.03.26 13:29:08 -07'00' United States Department of the Interior FISH AND WILDLIFE SERVICE San Francisco Bay-Delta Fish and Wildlife Office 650 Capitol Mall, Suite 8-300 Sacramento, California 95814 In reply refer to: FERC #803 ECOSphere #2025-0108199-S7-002 March 25, 2026 Debbie-Anne A. Reese, Secretary Federal Energy Regulatory Commission 888 First Street NE Washington, DC 20426 Subject: Informal Consultation and Informal Conference for the 2026 DeSabla-Centerville Minimum Instream Flow Variance for the DeSabla-Centerville Hydroelectric Project in Butte County, California; Federal Energy Regulatory Commission Project No. 803 Dear Secretary Reese: This letter is in response to the Pacific Gas and Electric’s (PG&E) March 4, 2026 letter requesting concurrence determinations made under section 7 of the Endangered Species Act on the proposed 2026 DeSabla-Centerville Minimum Instream Flow Variance for the DeSabla-Centerville Hydroelectric Project in Butte County, California; P-803. PG&E’s request was received by the U.S. Fish and Wildlife Service (Service) San Francisco Bay-Delta Fish and Wildlife Office on March 4, 2026. Addressed herein are the proposed variance's potential effects on the federally threatened North Feather Distinct Population Segment (DPS) foothill yellow-legged frog (Rana boylii) and its proposed critical habitat. On February 6, 2026, Pacific Gas and Electric Company (PG&E) filed their request for the temporary flow modification with the Federal Energy Regulatory Commission (Commission). The Commission delegated non-federal representative authority on February 26, 2026 to PG&E to conduct Endangered Species Act informal consultation. This response is provided under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and in accordance with the implementing regulations pertaining to interagency cooperation (50 CFR 402). The Federal action on which we are consulting on is PG&E’s proposed minimum instream flow (MIF) variance for the DeSabla-Centerville Hydroelectric Project; P-803. Pursuant to 50 CFR 402.12(j), you submitted a biological analysis for our review and requested concurrence with the findings presented therein. These findings conclude that the proposed MIF variance may affect, but is not likely to adversely affect, the foothill yellow-legged frog and its proposed critical habitat. In considering your request, we based our evaluation on the following: (1) your March 4, 2026 letter initiating informal consultation and biological analysis; (2) the February 6, 2026 letter from PG&E to Document Accession #: 20260326-5239 Filed Date: 03/26/2026 2 Secretary Reese the Federal Energy Regulatory Commission (FERC) requesting approval for the proposed action; and (3) other information available to the Service. Description of the Proposed Action PG&E is requesting a MIF modification of the license MIF requirement at BW-3 and BW-40 during the 2026 Central Valley spring-run Chinook salmon (Oncorhynchus tshawytscha) (CVSRCS) holding period. BW-3 gage measures MIF into Philbrook Creek below Philbrook Reservoir. The BW-40 gage measures MIF in the West Branch Feather River (WBFR) below Hendricks Head Dam. The Project Action Area includes the following reaches: • Philbrook Creek (located below Philbrook Reservoir) to its confluence with the WBFR; • WBFR from Philbrook Creek confluence to the Miocene Head Dam; and • Butte Creek from the DeSabla Powerhouse outflow to the Parrot-Phelan Diversion Dam. The variance at BW-3 would not change the MIF but would temporarily allow for average MIF over 48 hours with a target between 1 – 2 cfs instead of an instantaneous MIF of 2 cfs. This would allow PG&E to release flows out of Philbrook Reservoir without a buffer to preserve water without risking a deviation from the license required flow if the flow drops below the license required flow. The request at BW-40 would temporarily decrease the license-required MIF of 15 cfs during the current year, which has been designated as a Normal Water Year Type, to a MIF of 7 cfs, which is the license required MIF of a Dry Water Year Type. This request would allow PG&E to provide additional flow towards the Butte Creek side of the Project to help reduce potential heating that may occur in the DeSabla Forebay during summer heat storms. In the Annual Operations and Maintenance Plan, PG&E has stated that their goal is to keep 60 cfs flowing through the DeSabla Forebay to help minimize heating by decreasing travel time through the Forebay. An additional 8 cfs into the DeSabla Forebay achieved by the proposed variance at BW-40 will help maintain the 60 cfs. Foothill Yellow-Legged Frog Foothill yellow-legged frogs are known to occur within the Action Area and have been observed in Butte Creek and portions of the WBFR (i.e., below Hendricks Head Dam) that will be affected by the proposed MIF modification. All life stages of FYLF have been observed on Butte Creek and WBFR. Observation data is collected from the California Natural Diversity Database (CNDDB); DeSabla-Centerville relicensing study reports from studies performed in 2006; and ongoing studies performed in 2023, 2024, 2025, and 2026 associated with the Butte Canal breach. Additionally, the Project falls within proposed critical habitat for the frog: Unit NF–1: North Feather DPS— North Fork Feather River and Butte Creek, Butte and Plumas Counties, California. Critical habitat for the frog was proposed on January 14, 2025 and is currently undergoing the public comment period (90 FR 3412 3470; 90 FR 22222 22223). Document Accession #: 20260326-5239 Filed Date: 03/26/2026 3 Secretary Reese Conservation Measures PG&E will implement the following conservation measures, developed in consultation with the Service, California Department of Fish and Wildlife, U.S. Forest Service, and National Marine Fisheries Service (hereafter referred to as Resource Agencies): 1. PG&E will continue to hold weekly CVSRCS Holding Period Meetings with Resource Agencies. Meetings are estimated to occur from June through September 2026. 2. PG&E will consult with Resource Agencies on when and how to begin implementing the flow modification. 3. PG&E staff will consult with Resource Agencies prior to implementing flow changes once the flow modification period has begun. 4. PG&E will maintain a MIF of 7 cfs, measured at BW-40, as agreed upon with PG&E staff and the Resource Agencies. 5. PG&E will monitor and provide weekly flow changes to the Resource Agencies for gauging stations BW-40 and BW-3 during weekly CVSRCS Holding Period Meetings. 6. PG&E will promptly notify the Resource Agencies of any event that significantly inhibits or impairs the release structures from maintaining the proposed modified flow MIF at either gage (BW-40 or BW-3). 7. No wildlife species (i.e., foothill yellow-legged frog) will be handled or removed from the area. Wildlife in the areas will be allowed to move on their own. Conclusion The Service concurs with your determination that the proposed variance may affect, but is not likely to adversely affect the foothill yellow-legged frog or its proposed critical habitat because Project effects are likely to be insignificant based on the following: 1) the proposed flows would not be very different than under existing conditions or flows implemented in a Dry water year; 2) flow changes will not be significant enough to impact breeding habitat (i.e., will not scour egg masses); and 3) any potential effects to listed species habitat as a result of the variance would be discountable (i.e., undetectable). Based on the provided analysis, the Service concurs that proposed variance is not likely to adversely affect the foothill yellow-legged frog or its proposed critical habitat. REINITIATION—CLOSING STATEMENT This concludes informal consultation and informal conference on the 2026 DeSabla-Centerville Minimum Instream Flow Variance. You may ask the Service to confirm the conference concurrence as a consultation concurrence, issued through informal consultation, if the action hasn't occurred yet or is ongoing when, and if, the foothill yellow-legged frog’s proposed designated critical habitat is finalized. The request must be in writing. If you determine that the proposed action has not changed and the Service finds that there have been no significant changes in the action as planned or in the information used during the conference, the Service will confirm the conference concurrence as the consultation concurrence on the proposed project and no further section 7 consultation will be necessary. Document Accession #: 20260326-5239 Filed Date: 03/26/2026 4 Secretary Reese For the informal consultation, as provided in 50 CFR §402.16, (a) Reinitiation of consultation is required and shall be requested by the Federal agency or by the Service, where discretionary Federal involvement or control over the action has been retained or is authorized by law and: (1) If the amount or extent of taking specified in the incidental take statement is exceeded; (2) If 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) If the 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 biological opinion or written concurrence; or (4) If a new species is listed or critical habitat designated that may be affected by the identified action. (b) An agency shall not be required to reinitiate consultation after the approval of a land management plan prepared pursuant to 43 U.S.C. 1712 or 16 U.S.C. 1604 upon listing of a new species or designation of new critical habitat if the land management plan has been adopted by the agency as of the date of listing or designation, provided that any authorized actions that may affect the newly listed species or designated critical habitat will be addressed through a separate action- specific consultation. This exception to reinitiation of consultation shall not apply to those land management plans prepared pursuant to 16 U.S.C. 1604 if: (1) Fifteen years have passed since the date the agency adopted the land management plan prepared pursuant to 16 U.S.C. 1604; and (2) Five years have passed since the enactment of Public Law 115-141 [March 23, 2018] or the date of the listing of a species or the designation of critical habitat, whichever is later. If you have any questions regarding this response, please contact Brittany Reaves, Fish and Wildlife Biologist, at brittany_reaves@fws.gov. Sincerely, Stephanie Millsap, Ph.D. Assistant Field Supervisor Document Accession #: 20260326-5239 Filed Date: 03/26/2026 5 Secretary Reese cc: Catalina Reyes (PG&E) – cerh@pge.com Duncan Drummond (PG&E) – dgdh@pge.com Sky Ramirez-Doble (PG&E) – s9rv@pge.com Anna Allison (CDFW) – anna.allison@wildlife.ca.gov Beth Lawson (CDFW) – beth.lawson@wildlife.ca.gov Tracy McReynolds (CDFW) – tracy.mcreynolds@wildlife.ca.gov Ellen Roots (NOAA Fisheries) – ellen.roots@noaa.gov Tristan Leong (USFS)– tristan.leong@usda.gov FERC #P-803 listserv Document Accession #: 20260326-5239 Filed Date: 03/26/2026 Document Content(s) 803_129_certificate of service.pdf........................................1 2025-0108199-S7-002_DesablaVariance2026_NLAA.pdf .........................2 Document Accession #: 20260326-5239 Filed Date: 03/26/2026