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PG&E's Project Website
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The FERC Process
PG&E is accountable to the
Federal Energy Regulatory Commission (FERC)
for as long as PG&E holds the
P-606 Kilarc-Cow Creek Hydropower License.
PG&E has decided to surrender its license.
PG&E proposes to demolish the Kilarc Facility.
No other party may hold a license to generate hydropower utilizing the same water resource or within the same project boundary
until the FERC accepts PG&E's license surrender.
This page will be updated from time to time to describe the process by which we propose
to obtain the approval of an alternative to the demolition of these valuable, historic facilities.
(Update-in-progress, February 2010)
The
News page on this Kilarc.info website is usually the best place
to get a up-to-date information, in reverse chronological order,
about recent actions, with some explanation of their purpose and significance.
The Save Kilarc Committee's
www.savekilarc.org website
has provided similar information for the benefit and from the perspective of the local community.
This site should be referenced to view or request information regarding meetings.
The FERC had identified that it planned to release its
draft Environmental Assessment (EA) on Friday, January 29, 2010. Based on the actions and statements of
the FERC and the Resource Agencies during the Scoping process (starting with the May 12, 2009
FERC Notice of Acceptance of
PG&E's License Surrender Application, and including
the FERC Notice of Scoping Meetings
and the FERC Scoping Document
in addition to all the Resource Agency comments), we had believed that the FERC would proceed with this plan and
schedule, and there would be no new opportunity to influence the conclusions in the draft EA.
However, following a flurry of filings requesting that the FERC delay its release of the draft EA, as of
February 5, 2010, the draft EA has not been released.
One week before the draft Environmental Assessment was due to be released
by the FERC, three filings were made by
Evergreen Shasta Power LLC (a Nevada limited liability company introduced by
Steve Tetrick whose property surrounds the PG&E powerhouse on the South Cow).
The following Monday, we filed a critique of the Evergreen proposal, that was corroborated by
the U.S. Fish and Wildlife Service's
Answer to Motion Requesting Settlement Process and for Prompt Action
, citing procedural defects in the Motion and proposal contained in the Offer of Settlement.
USFWS provides reasons for asserting that the FERC should deny the request to establish a
proceeding to address the Offer of Settlement.
At the same time, we made a
second filing with two key arguments against proceeding down the current path.
- The first argument compared the P-606 project to another project that the FERC found to be non-jurisdictional.
(The filing with the cited FERC ruling is approximately 8 MB but may be
downloaded here.)
- The second argument was directed to the fish resource agencies and suggested that a more well-researched and
likely efficient use of the money already allocated for demolition of the facilities by PG&E could be
implementation of the second of two projects identified for
consideration as mitigation for the Oroville Hydropower Project and PG&E's Feather River Hydro Projects, while
only enough money was allocated from those mitigation funds to implement one of the projects.
What comes next in the FERC process?
We wait for a determination regarding how and at what point the FERC may determine that
the site is no longer under its jurisdiction. Or, perhaps the FERC will decide, after an unknown period of
deliberation, to release the draft EA and proceed as before.
What can be done in the meantime?
We will continue to seek the cooperation of PG&E and the Fish Resource Agencies in working with us and the
community to define and pursue what is best for the fish and local stakeholders,
that we continue to believe involves retaining the Kilarc facilities, at a minimum, for research and production
of fish that will exhibit anadromy, supported by the revenue and personnel associated with continued operation
of this renewable, green source of electricity.
We will continue to press the Resource Agencies to provide their feedback on the alternatives,
to achieve a win-win solution, and participate in other data collection and Endangered fish recovery and
habitat restoration activities in the larger Central Valley.
We'd appreciate your sending your thoughts and feedback to kws@kilarc.info
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