[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37925-37928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13625]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14227-003]


Nevada Hydro, Inc.; Notice of Intent To Prepare an Environmental 
Impact Statement and Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been 
filed with the Federal Energy Regulatory Commission (FERC or 
Commission) and is available for public inspection. Commission staff 
has determined that this project qualifies as a Major Infrastructure 
Project pursuant to the Memorandum of Understanding Implementing One 
Federal Decision under Executive Order 13807, effective April 10, 2018. 
Major Infrastructure Projects are defined as projects for which 
multiple authorizations by federal agencies will be required and the 
lead federal agency has determined that it will prepare an 
Environmental Impact Statement (EIS) under the National Environmental 
Policy Act, 42 U.S.C. 4321 et seq.
    a. Type of Application: Major Unconstructed Project.
    b. Project No.: P-14227-003.
    c. Date filed: October 2, 2017.
    d. Applicant: Nevada Hydro, Inc.

[[Page 37926]]

    e. Name of Project: Lake Elsinore Advanced Pumped Storage (LEAPS) 
Project.
    f. Location: On Lake Elsinore and San Juan Creek near the city of 
Lake Elsinore in Riverside and San Diego Counties, California. The 
project would occupy about 845 acres of federal land administered by 
the U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Rexford Wait, Nevada Hydro Company, Inc., 
2416 Cades Way Vista, California (760) 599-1815.
    i. FERC Contact: Kyle Olcott at (202) 502-8963; email_
[email protected]
    j. U.S. Forest Service Contact: Scott Tangenberg at (858) 674-2983; 
[email protected]
    k. With this notice, we are soliciting comments on Commission 
staff's Scoping Document 1 (SD1), issued June 18, 2020. Deadline for 
filing scoping comments: August 17, 2020.
    The Commission strongly encourages electronic filing. Please file 
scoping comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief 
comments up to 6,000 characters, without prior registration, using the 
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You 
must include your name and contact information at the end of your 
comments. For assistance, please contact FERC Online Support at 
FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to: 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426. The first page of any filing should include 
docket number P-14227-003.
    The Commission's Rules of Practice and Procedure require all 
intervenors filing documents with the Commission to serve a copy of 
that document on each person on the official service list for the 
project. Further, if an intervenor files comments or documents with the 
Commission relating to the merits of an issue that may affect the 
responsibilities of a particular resource agency, they must also serve 
a copy of the document on that resource agency.
    l. This application is not ready for environmental analysis at this 
time.
    m. The proposed project would consist of the following: (1) A new 
upper reservoir (Decker Canyon) having a 200-foot-high main dam and a 
gross storage volume of 5,750 acre-feet, at a normal reservoir surface 
elevation of 2,792 feet above mean sea level (msl); (2) a powerhouse 
with two reversible pump-turbine units with a total installed capacity 
of 500 megawatts; (3) the existing Lake Elsinore to be used as a lower 
reservoir; (4) about 32 miles of 500-kilovolt transmission line 
connecting the project to an existing transmission line owned by 
Southern California Edison located north of the proposed project and to 
an existing San Diego Gas & Electric Company transmission line located 
to the south.
    n. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
internet through the Commission's website at http://www.ferc.gov using 
the eLibrary link. Enter the docket number excluding the last three 
digits in the docket number field to access the document. At this time, 
the Commission has suspended access to the Commission's Public 
Reference Room, due to the proclamation declaring a National Emergency 
concerning the Novel Coronavirus Disease (COVID-19), issued by the 
President on March 13, 2020. For assistance, contact FERC Online 
Support.
    o. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    p. Scoping Process
    Commission staff intends to prepare an EIS on the project in 
accordance with the National Environmental Policy Act. The EIS will 
consider both site-specific and cumulative environmental impacts and 
reasonable alternatives to the proposed action. Due to restrictions on 
mass gatherings related to COVID-19, Commission staff is unable to 
conduct any on-site scoping meetings. Instead, we are soliciting 
written comments, recommendations, and information on SD1.
    Copies of SD1 outlining the subject areas to be addressed in the 
EIS were distributed to the parties on the Commission's mailing list. 
Copies of SD1 may be viewed on the web at http://www.ferc.gov using the 
eLibrary link (see item n above). For assistance, call (866) 208-3676 
or for TTY, (202) 502-8659.

Objectives

    Commission staff requests written comments to assist us with our 
environmental analysis of the proposed project. These purpose of these 
written comments is to: (1) Obtain all available information, 
especially quantifiable data, on the resources at issue; (2) encourage 
statements from experts and the public on issues that should be 
analyzed in the EIS, including viewpoints in opposition to, or in 
support of, the staff's preliminary views; (3) determine the resource 
issues to be addressed in the EIS; and (4) identify those issues that 
require a detailed analysis, as well as those issues that do not 
require a detailed analysis.

Procedures

    Individuals, organizations, and agencies with environmental 
expertise and concerns are encouraged to submit written comments and to 
assist the staff in defining and clarifying the issues to be addressed 
in the EIS.
    Following issuance of the final EIS, the cooperating agencies will 
issue subsequent decisions, determinations, permits, or authorizations 
for the project in accordance with each individual agency's regulatory 
requirements. As a cooperating agency under One Federal Decision,\1\ 
the U.S. Department of Agriculture (USDA), Forest Service will adopt 
and use FERC's EIS to comply with the National Environmental Policy Act 
and consider: (1) The issuance of Special Use Authorizations; and (2) 
potential amendments to the 2005 Cleveland National Forest Land 
Management Plan (LMP). The responsible official for forest plan 
amendments is the Cleveland National Forest Supervisor. Accordingly, 
this notice also serves to provide information on the Forest Service's 
requirements and processes for the two actions listed above, including 
opportunities for public comment.
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    \1\ In accordance with Executive Order 13807 (Establishing 
Discipline and Accountability in the Environmental Review and 
Permitting Process for Infrastructure Projects), the project EIS 
should include an adequate level of detail to inform agency 
decisions pursuant to their specific statutory authority and 
requirements and allow the Forest Service to issue project 
authorizations in a timely manner (Section 5(b)(iii)). The Forest 
Service will be a cooperating agency with FERC on the EIS.
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USDA Forest Service Requirements for Plan Amendments To Address 
Deviations From Plan Standards

    When a proposed project is inconsistent with the applicable LMP 
components, the responsible official shall take one of the following 
steps, subject to valid existing rights: (1) Modify the proposed 
project or activity to make it consistent with the applicable plan 
components; (2) Reject the proposal or terminate the project or 
activity; (3) Amend the plan so that the project or activity will be 
consistent with the plan as amended; or (4) Amend the plan 
contemporaneously with the approval of the project or activity so that

[[Page 37927]]

the project or activity will be consistent with the plan as amended. 
This amendment may be limited to apply only to the project or activity.
    Based on the information provided in the project proposal, the 
Cleveland National Forest anticipates that one or more project-specific 
plan amendments will be needed to ensure consistency with the LMP. An 
overview of the Forest Service's requirements for amending LMPs as well 
as additional information regarding the proposed project-specific 
amendments follow.
     There is a requirement for public input at various stages, 
starting with this notice initiating scoping. Specifically, the Forest 
Service is seeking public input on issues and planning rule 
requirements related to possible amendments to the Cleveland National 
Forest LMP.
     Project-specific amendment(s) are subject to the Forest 
Service's pre-decisional administrative review process (36 CFR part 
218, subparts A and B \2\).
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    \2\ 36 CFR 219.59(b) (Use of other administrative review 
processes).
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     The standard 45-day public comment period for project-
specific amendment(s) (36 CFR 219.16 (a)(2)) would be combined with the 
Notice of Availability for the draft EIS--a minimum 45-day comment 
period is required on a draft EIS per the National Environmental Policy 
Act (40 CFR 1506.10 (c)). Forest Service regulations allow the 
combining of public notices (36 CFR 219.13(b)(2)).

Potential USDA Forest Service Project-Specific Plan Amendments

    Due to uncertainties regarding the project design and potential 
environmental effects, the Forest Service is providing its best 
estimate of the potential plan components that would need to be 
amended. The responsible official is also required to include 
information about which substantive requirements of 36 CFR 219.8 
through 219.11 are likely to be directly related to the amendment(s). 
Although the exact project-specific amendment(s) cannot yet be 
determined, Table 1 outlines the Forest Service's preliminary 
assessment of applicable LMP standards (that may need project-specific 
amendments) and the substantive requirements that may apply.

Table 1--Forest Service's Preliminary Review of Applicable Cleveland LMP
            Standards & Potential Project-Specific Amendments
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                                             Substantive requirements 36
                LMP standard                   CFR 219.8 to 219.11 that
                                                      may apply
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      Forest-Specific Design Criteria
 
Cleveland National Forest Standard 5--       36 CFR 219.10 (a)(2); 36
 Consolidate major transportation and         CFR 219.10(a)(3).
 utility corridors by co-locating
 facilities and/or expanding existing
 corridors.
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     Aesthetic Management Standards and
                 Recreation
 
S9: Design management activities to meet     36 CFR 219.10(b)(1)(i).
 the Scenic Integrity Objectives (SIOs)
 shown on the Scenic Integrity Objectives
 Map.
S10: Scenic Integrity Objectives will be     ...........................
 met with the following exceptions: Minor
 adjustments not to exceed a drop of one
 SIO level is allowable with the Forest
 Supervisor's approval; Temporary drops of
 more than one SIO level may be made during
 and immediately following project
 implementation providing they do not
 exceed three years in duration.
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        Fish and Wildlife Standards
 
S11: When occupied or suitable habitat for   36 CFR 219.9(a)(1); 36 CFR
 a threatened, endangered, proposed,          219.9(a)(2).
 candidate or sensitive (TEPCS) species is
 present on an ongoing or proposed project
 site, consider species guidance documents
 (see Appendix H) to develop project-
 specific or activity-specific design
 criteria. This guidance is intended to
 provide a range of possible conservation
 measures that may be selectively applied
 during site-specific planning to avoid,
 minimize or mitigate negative long-term
 effects on threatened, endangered,
 proposed, candidate or sensitive species
 and habitat. Involve appropriate resource
 specialists in the identification of
 relevant design criteria. Include review
 of species guidance documents in fire
 suppression or other emergency actions
 when and to the extent practicable.
S12: When implementing new projects in       ...........................
 areas that provide for threatened,
 endangered, proposed, and candidate
 species, use design criteria and
 conservation practices (see Appendix H) so
 that discretionary uses and facilities
 promote the conservation and recovery of
 these species and their habitats. Accept
 short-term impacts where long-term effects
 would provide a net benefit for the
 species and its habitat where needed to
 achieve multiple-use objectives.
S22: Except where it may adversely affect    ...........................
 threatened and endangered species, linear
 structures such as fences, major highways,
 utility corridors, bridge upgrades or
 replacements, and canals will be designed
 and built to allow for fish and wildlife
 movement.
S42: Include provisions for raptor safety    ...........................
 when issuing permits for new power lines
 and communication sites (see guidelines in
 Appendix G). Also implement these
 guidelines for existing permits within one
 year in identified high-use flyways of the
 California condor, and within five years
 in other high-use raptor flyways.
 Coordinate with California Department of
 Fish and Game, U.S. Fish & Wildlife
 Service, and power agencies to identify
 the high-use flyways.
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    Soil, Water, and Riparian Standards
 
S45: All construction, reconstruction,       36 CFR 219.8(a)(2)(ii-iv)
 operation and maintenance of tunnels on      and (a)(3)(i)(B, D, and
 National Forest System lands shall use       E).
 practices that minimize adverse effects on
 groundwater aquifers and their surface
 expressions.

[[Page 37928]]

 
S47: When designing new projects in          36 CFR 219.9(a)(1); 36 CFR
 riparian areas, apply the Five-Step          219.9(a)(2); 36 CFR
 Project Screening Process for Riparian       219.10(a)(3).
 Conservation Areas as described in
 Appendix E--Five-Step Project Screening
 Process for Riparian Conservation Areas.
S49: Require fish passage instream flows     ...........................
 associated with dams and impoundments
 where fish passage will enhance or restore
 native or selected nonnative fish
 distribution and not cause adverse effects
 to other native species.
S58: Evaluate geologic hazards and develop   ...........................
 mitigations where risks to life, property
 or resources are identified when planning
 and implementing management activities.
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      Wild and Scenic River Standards
 
S59: Manage eligible wild and scenic river   36 CFR 219.10(b)(v).
 segments to perpetuate their free-flowing
 condition and proposed classifications and
 protect and enhance their outstandingly
 remarkable values and water quality
 through the suitability study period and
 until designated or released from
 consideration. When management activities
 are proposed that may compromise the
 outstandingly remarkable value(s),
 potential classification, or free-flowing
 character of an eligible wild and scenic
 river segment, a suitability study will be
 completed for that eligible river segment
 prior to initiating activities.
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 Heritage, Cultural and Historic Standards
 
S60: Until proper evaluation occurs, known   36 CFR 219.10(a)(1); 36 CFR
 heritage resource sites shall be afforded    219.10(b)(ii); 36 CFR
 the same consideration and protection as     219.10(b)(iii).
 those properties evaluated as eligible to
 the National Register of Historic Places.
S62: Protect the access to and the use of    ...........................
 sensitive traditional tribal use areas.
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USDA Forest Service Issuance of Special Use Authorizations

    The issuance of any special use authorization(s) for this project 
would likely occur after FERC issues its final EIS. The issuance of a 
special use authorization is not subject to any additional 
administrative review process such as the Forest Service's post-
decisional appeal process explained in 36 CFR part 214. This is because 
applicants do not hold any right to use National Forest System lands 
prior to being issued an authorization. The Forest Service retains the 
authority to deny authorizations based on violations of law or 
inconsistency with the Cleveland National Forest LMP (see generally 36 
CFR part 219 Subpart B). The Forest Service cannot authorize a project 
that is inconsistent with the LMP as this would be a violation of the 
National Forest Management Act. Issuance of a special use authorization 
would be subject to the project complying with all applicable legal 
requirements and ensuring consistency with the Cleveland National 
Forest LMP.

    Dated: June 18, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-13625 Filed 6-23-20; 8:45 am]
BILLING CODE 6717-01-P


