HomeMy WebLinkAbout04.07.26 Board Correspondence - FW_ Government Agency Submittal submitted in FERC P-803-129 by National Marine Fisheries Service - West Coast Region,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 National Marine Fisheries Service - West Coast Region,et al.
Date:Tuesday, April 7, 2026 8:17:55 AM
Please see Board Correspondence -
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Subject: Government Agency Submittal submitted in FERC P-803-129 by National Marine Fisheries Service - West Coast Region,et al.
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On 4/6/2026, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.:
Filer: National Marine Fisheries Service - West Coast Region
NOAA Fisheries West Coast Region (as Agent)
Docket(s): P-803-129
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 03/23/2026 request for concurrence with determinations under Section 7 of the Endangered Species Act et al. for the DeSabla-
Centerville Hydroelectric Project under P-803.
To view the document for this Filing, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20260406-
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Refer to NMFS No: WCRO-2026-00494
March 30, 2026
Debbie-Anne Reese
Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
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-803-122) Flow Variance Request.
Dear Secretary Reese:
This letter responds to the Federal Energy Regulatory Commission's (FERC) March 23, 2026,
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 Flow Variance Request for PG&E's DeSabla-Centerville Hydroelectric Project (P-
803-122) (Project). Your request qualified for our expedited review and concurrence because it
contained all required information on the proposed action and its potential effects to ESA-listed
species and designated critical habitat.
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 FERC’s consultation request document and related materials, including PG&E's
2026 Minimum Instream Flow Temporary Flow Modification request. Based on our knowledge,
expertise, and the consultation materials, we concur with FERC’s conclusions that PG&E's
temporary variance of the minimum flow requirements for the DeSabla-Centerville
Hydroelectric Project No. 803, located on Butte Creek, West Branch Feather River, and their
tributaries in Butte County, California, is not likely to adversely affect ESA-listed Central Valley
(CV) spring-run chinook salmon (Onchorhynchus tshawytscha) ESU and California Central
Document Accession #: 20260406-5214 Filed Date: 04/06/2026
2
Valley (CCV) steelhead (O. mykiss) DPS or their designated critical habitats. Additionally, the
variance is expected to benefit these species by providing cooler water in lower Butte Creek.
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://eco.fisheries.noaa.gov]. 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
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 proposed action for potential effects on essential fish habitat (EFH)
designated under the Magnuson-Stevens Fishery Conservation and Management Act (MSA),
including conservation measures and any determination you 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 the action would not adversely affect EFH.
Thus, consultation under the MSA is not required for this action.
FERC must reinitiate EFH consultation with NMFS if the proposed action is substantially
revised in a way that may adversely affect EFH, or if new information becomes available that
affects the basis for NMFS’ EFH conservation recommendations (50 CFR 600. 920(l)). This
concludes the MSA consultation.
Please direct questions regarding this letter to Yvette Redler-Medina, Santa Cruz NMFS Office,
at yvette.redler-medina@noaa.gov, or by telephone at 209-645-0307.
Sincerely,
Darren Howe
Central Valley Project Operations Branch
Supervisor
cc: Copy to the file ARN: 151422-WCR2026-SA0008
Joy Kurtz, FERC, at 202-502-6750 or joy.kurtz@ferc.gov
Sky Ramirez-Doble, PG&E, 530-250-7002 or S9RV@pge.com
Document Accession #: 20260406-5214 Filed Date: 04/06/2026
Document Content(s)
2026-03-30 FERC DeSabla Flow Variance eLOC-signed.pdf ....................1
Document Accession #: 20260406-5214 Filed Date: 04/06/2026