Notice2022-25462
Pacific Gas and Electric Company; Notice of Proceeding To Consider Reopening License and Soliciting Comments, Motions To Intervene, and Protests
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 23, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71601-71602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25462]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 77-314]
Pacific Gas and Electric Company; Notice of Proceeding To
Consider Reopening License and Soliciting Comments, Motions To
Intervene, and Protests
Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
a. Proceeding Type: Proceeding to Consider Reopening License to
Incorporate National Marine Fisheries Service's Proposed Interim
Measures.
b. Project No: P-77-314.
c. Date Initiated: November 16, 2022.
d. Licensee: Pacific Gas and Electric Company.
e. Name of Project: Potter Valley Hydroelectric Project No. 77.
f. Location: The Potter Valley Project is located on the Eel River
and the East Branch Russian River in Mendocino and Lake Counties,
California.
g. Filed Pursuant to: Standard Article 15.
h. Applicant Contact: Kimberly Ognisty, PG&E, Mail Code N11D, P.O.
Box 770000, San Francisco, CA 94177, <a href="/cdn-cgi/l/email-protection#c4afada9a6a1b6a8bdeaaba3aaadb7b0bd84b4a3a1eaa7aba9"><span class="__cf_email__" data-cfemail="a5ceccc8c7c0d7c9dc8bcac2cbccd6d1dce5d5c2c08bc6cac8">[email protected]</span></a> (510)
227-7060; or Jan Nimick, (415) 973-0629, <a href="/cdn-cgi/l/email-protection#cd87aca3e383a4a0a4aea68dbdaaa8e3aea2a0"><span class="__cf_email__" data-cfemail="460c272868082f2b2f252d063621236825292b">[email protected]</span></a>.
i. FERC Contact: Diana Shannon, (202) 502-6136,
<a href="/cdn-cgi/l/email-protection#2b4f424a454a0558434a454544456b4d4e5948054c445d"><span class="__cf_email__" data-cfemail="107479717e713e6378717e7e7f7e50767562733e777f66">[email protected]</span></a>.
j. Deadline for filing comments, motions to intervene and protests:
December 16, 2022.
The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at <a href="http://www.ferc.gov/docs-filing/efiling.asp">http://www.ferc.gov/docs-filing/efiling.asp</a>.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at <a href="http://www.ferc.gov/docs-filing/ecomment.asp">http://www.ferc.gov/docs-filing/ecomment.asp</a>. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at <a href="/cdn-cgi/l/email-protection#10565542535f7e7c797e75436560607f626450767562733e777f66"><span class="__cf_email__" data-cfemail="490f0c1b0a06272520272c1a3c3939263b3d092f2c3b2a672e263f">[email protected]</span></a>, (866) 208-3676 (toll
free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include docket numbers P-77-314. Comments emailed to Commission staff
are not considered part of the Commission record.
k. Description of Project: Project's features include Lake
Pillsbury, a 2,300-acre storage reservoir impounded by Scott Dam; Van
Arsdale Reservoir, a 106-acre reservoir impounded by the Cape Horn
Diversion Dam; and a tunnel and penstock across a natural watershed
divide from the project's powerhouse located in the headwaters of the
Eel River Basin to the Russian River Basin. Pacific Gas and Electric
(PG&E) has operated the Potter Valley Project for approximately 120
years.\1\ On October 4, 1983, the Commission issued a new license for
its continued operation and maintenance,\2\ with a license term
expiring on April 14, 2022.\3\ On January 25, 2019, PG&E notified the
Commission that it did not intend to relicense the project. Section
15(a)(1) of the Federal Power Act requires the Commission, at the
expiration of a license term, to issue from year-to-year an annual
license to the licensee under the terms and conditions of the prior
license until a new license is issued, or the project is otherwise
disposed of.\4\ Accordingly, the Commission granted PG&E an annual
license as required by statute on April 21, 2022.\5\ On July 8, 2022,
PG&E filed a plan and schedule for the surrender of the project that
sets January 2025 as the filing date for the surrender application.
---------------------------------------------------------------------------
\1\ The project was constructed in 1907. It was originally
licensed by the Federal Power Commission for 50 years on April 15,
1922. From 1972 to 1983, the project operated on annual licenses
until the Commission issued a new license for the project in 1983.
See Pac. Gas & Elec. Co., 25 FERC ] 61,010, at 61,059 n.14 (1983).
\2\ Pacific Gas & Elec. Co., 25 FERC ] 61,010 (1983) (Order
Issuing License).
\3\ Pac. Gas & Elec. Co., 106 FERC ] 61,065, at P 2 n.1 (2004)
(Order Amending License).
\4\ 16 U.S.C. 808(a)(1).
\5\ Notice of Authorization for Continued Project Operation, 87
FR 25011 (2022).
---------------------------------------------------------------------------
l. Description of Proceeding: Standard license Article 15 requires
the licensee, in part, for the conservation and development of fish and
wildlife resources to comply with such reasonable modifications of
project structures and operation, as may be ordered by the Commission
upon its own motion or upon the recommendation of the Secretary of the
Interior or the fish and wildlife agency or agencies of any State in
which the project is located. In letters filed March 17, 2022 and
October 17, 2022, the National Marine Fisheries Service (NMFS)
requested the Commission
[[Page 71602]]
exercise its reserved authority to require interim protective measures,
that NMFS deemed necessary on the annual license to protect listed
salmonid species at the project. In a July 12, 2022 letter, PG&E
declined to volunteer to file an amendment application to adopt NMFS'
proposed interim measures.
In this proceeding, after notice and opportunity for hearing, the
Commission may find cause to reopen the annual license terms to require
changes in the project works or operations that may be necessary to
protect federally listed species.
m. Location of the Proceeding: This filing may be viewed on the
Commission's website at <a href="http://www.ferc.gov">http://www.ferc.gov</a> using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at <a href="http://www.ferc.gov/docs-filing/esubscription.asp">http://www.ferc.gov/docs-filing/esubscription.asp</a> to be
notified via email of new filings and issuances related to this or
other pending projects. At this time, the Commission has suspended
access to the Commission's Public Reference Room, due to to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVD-19), issued by the President on March 13,
2020. For assistance, call 1-866-208-3676 or email
<a href="/cdn-cgi/l/email-protection#783e3d2a3b37161411161d2b0d0808170a0c381e1d0a1b561f170e"><span class="__cf_email__" data-cfemail="bcfaf9eefff3d2d0d5d2d9efc9ccccd3cec8fcdad9cedf92dbd3ca">[email protected]</span></a>, for TTY, call (202) 502-8659. Agencies may
obtain copies of the application directly from the applicant.
n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
o. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
p. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS,'' ``PROTEST,'' or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001-385.2005. All comments,
motions to intervene, or protests must set forth their evidentiary
basis. Any filing made by an intervenor must be accompanied by proof of
service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 385.2010.
Dated: November 16, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-25462 Filed 11-22-22; 8:45 am]
BILLING CODE 6717-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.