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Home My WebLink About11.7.24 Board Correspondence - FW_ General Correspondence issued in FERC P-2107-064From:Clerk of the Board To:Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Lee, Lewis; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth; Loeser, Kamie Cc:Nevers, Dawn Subject:Board Correspondence - FW: General Correspondence issued in FERC P-2107-064 Date:Thursday, November 7, 2024 8:42:01 AM Please see Board Correspondence - -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Thursday, November 7, 2024 8:15 AM Subject: General Correspondence issued in FERC P-2107-064 .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 11/7/2024, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document: Docket(s): P-2107-064 Lead Applicant: Pacific Gas and Electric Company Filing Type: General Correspondence Description: Letter to Pacific Gas & Electric Company discussing the final findings regarding violation of 07/28/2023 minimum instream flow variance etc. for the Poe Hydroelectric Project under P-2107. To view the document for this Issuance, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist? accession_num=20241107-3017__;!!KNMwiTCp4spf!FzT1qbeBWXWkE7ZV9ceYV1dbBBae-9tv-vtczqUUeuj2EaPFIwR7ng- P5xzJT7I7k-tZuF7J5LrJ_PmdLxcPCua_xR-CzNy_hGlC$ To modify your subscriptions, click here: 9tv-vtczqUUeuj2EaPFIwR7ng-P5xzJT7I7k-tZuF7J5LrJ_PmdLxcPCua_xR-CzA124Zca$ ------------------------------------------------------------------------ Please do not respond to this email. Online help is available here: https://urldefense.com/v3/__http://www.ferc.gov/efiling-help.asp__;!!KNMwiTCp4spf!FzT1qbeBWXWkE7ZV9ceYV1dbBBae-9tv- vtczqUUeuj2EaPFIwR7ng-P5xzJT7I7k-tZuF7J5LrJ_PmdLxcPCua_xR-CzPgR-vAN$ or for phone support, call 866-208-3676. Comments and Suggestions can be sent to this email address: mailto:FERCOnlineSupport@Ferc.gov FEDERAL ENERGY REGULATORY COMMISSION Washington, D. C. 20426 OFFICE OF ENERGY PROJECTS Project No. 2107-064 -- California Poe Hydroelectric Project Pacific Gas & Electric Company November 7, 2024 VIA FERC Service Stephanie Maggard, Director Pacific Gas & Electric Company P.O. Box 28209, Oakland, CA 94604 Subject: Final findings regarding violation of July 28, 2023 minimum instream flow variance under ordering paragraph (C) of July 2023 order Dear Mrs. Maggard: This letter is to document our final findings regarding the effects and outcomes of your actions during a minimum flow variance we approved on July 28, 2023 for the Poe Hydroelectric Project No. 2107.1 The Federal Energy Regulatory Commission (Commission) issued an order approving a temporary variance of the minimum flow requirements under section 401 Water Quality Certification condition 1 and U.S. Forest Service 4(e) condition 23 (Part 1), to facilitate recoating and replacement of the seals of the radial bypass gates of Poe Dam.2 Prior to your variance request, on December 28, 2021, the U.S. Fish and Wildlife Service (FWS) proposed to list four distinct population segments (DPS) of foothill yellow-legged frog (FYLF) under the Endangered Species Act (ESA). The population of FYLF found in the Poe Bypass Reach is considered part of the North Feather River DPS, proposed to be listed as threatened. The Commission requested an informal conferencing 1 Order Issuing New License (165 FERC ¶ 62,172), issued December 17, 2018. 2 Order Approving Temporary Variance of Minimum Flow Requirements Under 401 Water Quality Certification Condition 1 and Forest Service 4(E) Condition 23 (Part 1) (184 FERC ¶ 62,062), issued July 28, 2023. Document Accession #: 20241107-3017 Filed Date: 11/07/2024 Project No. 2107-064 - 2 - consultation with the FWS regarding effects to FYLF due to the operational changes proposed by the variance on July 18, 2023. On July 27, 2023, the FWS concurred with our ‘not likely to adversely affect’ determination, based on our analyses of potential project effects and the incorporated conservation measures. The FYLF listing rule was finalized on September 28, 2023.3 In ordering paragraph (C) of the July 2023 variance order, we required that, in the event of any observed impacts to FYLF during the variance ramp-down, you immediately halt the ramp-down and contact the FWS and Commission staff to determine how to proceed with flow management at the project. Your report, filed with the Commission on March 15, 2024, documented clear negative effects to FYLF egg masses and tadpoles during the 2023 minimum instream flow variance. However, you did not halt the ramp-down or notify the Commission in a timely manner as required by ordering paragraph (C). For failing to halt the variance ramp-down and delayed reporting, we issued you a notice of violation on April 16, 2024.4 Our violation letter required you to consult with FWS and address the harm to the FYLF population and discuss potential mitigation actions, if required by FWS. On June 17, 2024, you filed documentation that you completed consultation with the FWS as directed. You report that at the request of the FWS, you held five group meetings with the resource agencies, and one individual meeting with FWS. In a letter dated June 11, 2024, the FWS expressed that because FYLF was not federally-listed at the time of the August flow reduction when impacts occurred (those associated with the variance alone), mitigation will not be required under the ESA. FWS further explains that they estimated tadpole mortality to be between 1% to 12.6% of the total number of tadpoles observed, though observed stranded tadpoles were relocated. They state that natural tadpole survival overall is generally considered low for most Ranid species; the percent that survive to adulthood may only be 0.2% of eggs laid. The abundance of young-of-the-year froglets within the surveyed sites were consistent with known historical averages, therefore, FWS concluded that any tadpole loss attributable to the variance was not a significant impact on the population. FWS did highlight that the tadpole losses due to the implementation of Spill Recession Protocol 2 that occurred in June and July before implementation of the variance flow reductions were significantly greater. However, FWS cautions that not enough is known about egg mass and tadpole survival in the affected reach, and life stage survivorship guidelines to promote the recovery of the species are still being developed. 3 See 88 FR 59698 4 See: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20240416- 3022. Document Accession #: 20241107-3017 Filed Date: 11/07/2024 Project No. 2107-064 - 3 - Currently, FWS does not recommend mitigation for the tadpole losses attributable to the variance and also does not wish to pursue modification to the Long-Term Ramping Rate Plan.5 Following the FWS’s assessment that mitigation is not needed to offset the impacts of your violation, and that they agree that the best plan of action is to continue to utilize the current Long-Term Ramping Rate Plan as approved, the Commission considers this matter closed. Please continue to coordinate with FWS, and other resource agencies, to ensure impacts to FYLF and other resources are minimized to the extent practicable. Thank you for your cooperation. If you have any questions regarding this matter, please contact Katie Schmidt at (415) 369-3348 or katherine.schmidt@ferc.gov. Sincerely, Andrea Claros, Chief Aquatic Resources Branch Division of Hydropower Administration and Compliance Cc: VIA Electronic Mail A. Leigh Bartoo U.S. Fish and Wildlife Service Bay-Delta Fish and Wildlife Office 650 Capitol Mall, STE 8-300 Sacramento, CA 95814 aondrea_bartoo@fws.gov Nathan Fisch Water Quality Certification Program California State Water Resources Control Board P.O. Box 2000 Sacramento, CA 95812-2000 nathan.fisch@waterboards.ca.gov 5 Order Approving Long-Term Ramping Rate Plan Pursuant to Article 401 (182 FERC ¶ 62,173), issued March 27, 2023. Document Accession #: 20241107-3017 Filed Date: 11/07/2024 ANDREA CLAROS Digitally signed by ANDREA CLAROS Date: 2024.11.07 08:16:41 -05'00' Project No. 2107-064 - 4 - Jessica Dyke Water Quality Certification Program California State Water Resources Control Board P.O. Box 2000 Sacramento, CA 95812-2000 jessica.dyke@waterboards.ca.gov Lori Cayo U.S. Forest Service – Plumas National Forest Feather River Ranger District 875 Mitchel Avenue Oroville, CA 95965-4699 lori.cayo@usda.gov Erika Brenzovich U.S. Forest Service – Plumas National Forest Supervisor’s Office 159 Lawrence Street Quincy, CA 95971-6025 erika.brenzovich@usda.gov Dawn Alvarez U.S. Forest Service– Regional Hydropower Assistance Team Pacific Southwest Region 1323 Club Drive Vallejo, CA 94592 dawn.alvarez@usda.gov Kurt Stable U.S. Forest Service – Rocky Mountain Research Station 240 West Prospect Road Fort Collins, CO 80526 kurt.sable@usda.gov Michael Maher California Department of Fish and Wildlife Region 2 FERC Coordinator 1701 Nimbus Road Rancho Cordova, CA 95670 michael.maher@wildlife.ca.gov Document Accession #: 20241107-3017 Filed Date: 11/07/2024 Project No. 2107-064 - 5 - Beth Lawson California Department of Fish and Wildlife North Central Region – Water Program 1701 Nimbus Road Rancho Cordova, CA 95670 beth.lawson@wildlife.ca.gov Document Accession #: 20241107-3017 Filed Date: 11/07/2024 Document Content(s) P-2107-064_FYLF Effects Final Ltr.pdf.....................................1 Document Accession #: 20241107-3017 Filed Date: 11/07/2024