[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71601-71602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25462]


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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, [email protected] (510) 
227-7060; or Jan Nimick, (415) 973-0629, [email protected].
    i. FERC Contact: Diana Shannon, (202) 502-6136, 
[email protected].
    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 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 [email protected], (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.
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    \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).
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    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 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. 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. 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 
[email protected], 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


