Subject:
DWR Feather River Project 2100 - Feather River Watershed
Date:
Thu, 05 Mar 1998 10:36:52 +0000
From:
BOB BAIOCCHI <cspa@psln.com>
Organization:
CSPA
To:
Bill Jennings <deltakeep@aol.com>, Corey Cate <ccate@dnai.com>, Jim Crenshaw <crenshaw@mother.com>,
Lorna Carriveau <lcarriveau@pcndirect.com>, Mike Fitzwater <mdf@csus.edu>,
Ray Cole <raycole@mindspring.com>, Richard Izmirian <izmirian@earthlink.net>,
"Roy Thomas, CRSA" <IiWINOS@aol.com>
United States of America
Before the Federal Energy Regulatory Commission
Feather River Project; FERC Project 2100
Oroville Facility of the State Water Project
California Department of Water Resources, Licensee
Feather River Watershed, Tributary to Sacramento River thence San
Francisco Bay Delta Estuary thence Pacific Ocean
Butte County, California
Request to the Commission By Petitioners to Commence the Relicensing
Consultation Process for Feather River Project FERC 2100
Petition By
California Sportfishing Protection Alliance, Lake Oroville Fish
Enhancement Committee, and Butte County Citizens for Fair Government to
Commence the Relicensing Consultation Process for the Feather River
Project FERC 2100
In accordance with the Commission's rules of procedure the California
Sportfishing Protection Alliance (hereinafter known as "CSPA"), the Lake
Oroville Fish Enhancement Committee (hereinafter known as "LOFEC"), and
the Butte County Citizens for Fair Government (hereinafter known as
"BCCFFG") hereby file a petition with the Commission requesting the
Commission to commence the relicensing consultation process for the
Feather River Project FERC 2100. Treat this petition as a complaint if
necessary.
The CSPA, LOFEC, and BCCFFG are members of the Oroville Recreation
Advisory Committee, which was formed and ordered by the Commission for
the Feather River Project FERC 2100. The CSPA, LOFEC, and BCCFFG has
standing with many other issues pertaining to the Feather River Project
FERC 2100.
The relicensing of the Feather River Project FERC 2100 will be before
the Commission in the future. The Commission's relicensing consultation
process commences in the short term future on January, 2002. The
licensee has engaged a public relation firm at this time for the
relicensing of the Feather River Project FERC 2100. The licensee has
also hired a Washington D.C. law firm.
The Feather River Project is a very large complex water project
effecting the Feather River Watershed and also affecting the Sacramento
- San Joaquin - San Francisco Bay Delta Estuary. The Feather River
Project effects public recreation and public trust resources and assets
behind Oroville Dam, the economy of Butte County, public recreation and
public trust resources and assets below Oroville Dam in the Feather
River Watershed.
Studies ordered by the Commission near the expiration date of FERC
licenses, in some cases, allows the licensee to operate their project
without any forth coming and reasonable timely mitigation measures due
to delays caused by studies, private in-house meetings, and private
in-house negotiations among the state and federal agencies and the
licensees, resulting in the Commission issuing annual licenses. i.e.
status quo. In the case of PG&E's Rock Creek-Cresta Project 1982, the
Commission has issued annual licenses to the licensee for about 17
years. In the case of the Feather River Project, that would be highly
unreasonable and not in the greater public interest in Butte County.
The CSPA, LOFEC, and BCCFFG envision that a significant number of
petitions of intervention by interested parties will be filed with the
Commission regarding the relicensing of the Feather River FERC Project
2100. The CSPA, LOFEC, and BCCFFG also envision that more intervenors
will be involved with the relicensing of the Feather River FERC Project
2100 than any other FERC licensed project in California history. The
CSPA, LOFEC, and BCCFFG also envision that the relicensing of the
Feather River FERC Project 2100 will be highly controversial among the
public in Butte County. The relicensing of the Feather River FERC
Project 2100 will take a significant amount of the Commission's staff
time, as well as the time of interested local, state and federal
agencies, including the public and other interested parties affected by
the operation of the project.
Because of the public controversy over the operation of the Feather
River FERC Project 2100 in Butte County concerning promised unmitigated
recreational development by the licensee, the Commission's consultation
process for the relicensing of the project should commence now because
it would be in the greater public interest and would better serve the
people of Butte County. The Commission serves the public.
The Commission allows for petitions of intervention, protests, and
comments to be filed by interested parties with the Commission during
the relicensing of Commission licensed projects. However, this
intervention process is very short term with deadline periods of about
60 days. In order to have standing with the Commission, interested
parties must file motions to intervene. Because the Feather River FERC
Project 2100 is complex, and is also highly controversial in Butte
County, it would be in the greater pubic interest for the Commission not
to set a deadline date on the filing of petitions of intervention,
protests, and comments from interested parties and the public for the
relicensing of the project.
The U.S. National Marine Fisheries Service is proposing to list
spring-run, fall-run, and late fall chinook salmon species under the
protection of the federal Endangered Species Act. Spring-run chinook
salmon have been adversely damaged by FERC licensed dams in California.
The Feather River sustains spring-run and fall-run chinook salmon. The
operation of the Feather River Project 2100 has adversely impacted the
pre-project spring-run chinook populations and their habitat of the
Feather River and its tributaries. Also, the steelhead trout resources
of the Central Valley of California are being proposed for listing by
the U.S. National Marine Fisheries Service under the protection of the
federal Endangered Species Act. The Feather River is within the Central
Valley area of California, and sustains steelhead trout species. The
operation of the Feather River Project 2100 has effected the pre-project
steehead trout populations and their habitat of the Feather River and
its tributaries.
The license for the Feather River Project 2100 expires in January,
2007. Petitioner believe that it would be unreasonable for the
Commission to wait until the year 2007 to make modifications in project
operation that are jeopardizing spring-run chinook salmon species and
steelhead trout species, and are also effecting fall-run chinook salmon
species at this time.
Consequently, Petitioners are requesting the Commission and its staff
to engage and commence the FERC consultation process at this time so
that delays caused by studies and other related matters pertaining to
the relicensing of the Feather River Project will not unreasonably delay
the needed mitigation measures necessary to mitigate the adverse impacts
to the human environment, the adverse impacts to the economy of Butte
County, and also the adverse impacts to the public trust resources and
assets of the Feather River Watershed, caused by the operation of the
project.
The present administration advocates public townhall meetings, full
public participation, and ecosystem protection. The CSPA, LOFEC, and
BCCFFG believe that the present administration would support the early
consultation process for the relicensing of the Feather River Project at
this time, which allows for full public participation so that the
public's interest and assets are protected.
Relief Requested by CSPA, LOFEC, and BCCFFG
1. We are requesting the Commission and its staff commence the
relicensing consultation process for the Feather River FERC Project 2100
at this time;
2. We are requesting the Commission and its staff to allow for petitions
of intervention, protests, and comments to be filed with the Commission
at this time;
3. We are requesting the Commission provide no deadline date period for
the filing of petitions of intervention, protests, and comments so that
there is full public participation throughout the relicensing process
for the relicensing of the Feather River FERC Project 2100;
4. We are requesting the Commission to act on this petition in a timely
manner.
Please forward the Commission's decision in this matter to the
following parties, including Bob Baiocchi, Consultant.
Tom Van Gelder, Chairman
Lake Oroville Fish Enhancement Committee
5360 Treasure Hill Drive
Oroville, CA 95966
Mike Kelly, Chairman
Butte County Citizens for Fair Government
Oroville Recreation Advisory Committee
5055 Miners Ranch Road
Oroville, CA 95966
Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
We respectfully request the Commission to accept the CSPA, LOFEC, and
BCCFFG's petition as stated and requested because it would be in the
greater public interest for citizens in Butte County, as well as for the
public trust resources and assets of the Feather River Watershed
affected by the operation of the Feather River FERC Project 2100.
Respectfully Submitted
________________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance, Lake Oroville Fish
Enhancement Committee, and Butte County Citizens for Fair Government
P.O. Box 357
Quincy, CA 95971
Bus Tel: 530-836-1115; Fax: 530-283-5017; E-Mail Address - cspa@psln.com
Date: March 4, 1998
Certificate of Service
Honorable U.S. Congressman Wally Herger
55 Independence Circle, Suite 104
Chico, CA 95926
David Boergers, Acting Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
(Original and 15 Copies)
California Department of Water Resources, Licensee
c/o Stephen L. Kashiwada, Deputy Director
1416 Ninth Street
P.O. Box 942836
Sacramento, CA 94236-0001
Carol L. Sampson, Director
Office of Hydro Licensing
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
Noel Folsom, Regional Director
Federal Energy Regulatory Commission
San Francisco Office
901 Market Street, Suite 350
San Francisco, CA 94103-1778
J. Mark Robinson, Director
Division of Project Compliance and Enforcement
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
Wayne White, State Supervisor
c/o Mike Morse, Biologist
U.S. Fish and Wildlife Service
3310 El Camino Avenue, Suite 130
Sacramento, CA 95821-6340
Jim Bybee, Supervisor
U.S. National Marine Fisheries Service
777 Sonoma Avenue
Santa Rosa, CA 95404
Banky Curtis, Regional Manager, Region II
California Department of Fish and Game
1701 Nimbus Road
Rancho Cordova, CA 95670
Board of Supervisors
County of Butte
25 Country Center Drive
Oroville, CA 95969
Steve McCauley, Manager
State Water Contractors
454 Capitol Mall, Suite 220
Sacramento, CA 95814-4405
Jim Canaday, Environmental Unit
Section 401 CWA Coordinator
Division of Water Rights - SWRCB
P.O. Box 2000
Sacramento, CA 95812-2000
Steve Herrera, Supervisor
Environmental Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Superintendent
California Parks and Recreation
460 Glen Drive
Oroville, CA 95966
Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Tom Van Gelder, Chairman
Lake Oroville Fish Enhancement Committee
5360 Treasure Hill Drive
Oroville, CA 95966
Mike Kelly, Chairman
Butte County Citizens For Fair Government
Chairman
Oroville Recreation Advisory Committee
5055 Miners Ranch Road
Oroville, CA 95966
Peter Kissel, Esquire, et al.
Grammer et al. Law Firm
Counsel for California Department of Water Resources
1225 Eye Street, N.W.
Suite 1225
Washington D.C. 20005
Interested Parties