United States of America
Before the Federal Energy Regulatory Commission
Kerckhoff Hydroelectric Project
FERC Project No. 96
Pacific Gas and Electric Company, Licensee
Upper San Joaquin River Watershed
State of California
Formal Complaint by California Sportfishing Protection Alliance
Pursuant to all applicable federal and state statutes and regulations the California Sportfishing Protection Alliance (hereinafter known as "CSPA") hereby file this complaint to have the Commission and its staff take responsible action in protecting water quality in the Upper San Joaquin River Watershed resulting from the operation of the Kerckhoff Project No. 96.
This complaint concerns the proposed plan by the Pacific Gas and Electric Company (hereinafter known as "PG&E") to operate low-level outlets at Kerckoff Reservoir to sluice accumulated sediment. The PG&E Kerckoff Project No. 96 is located in the Upper San Joaquin River Watershed above Millerton Lake, and below several Southern California Edison's hydropower reservoirs and projects licensed by the Commission.
Sluicing of accumulated sediment from Kerckoff Reservoir by PG&E will have significant adverse impacts to water quality, aquatic species and their habitat, and fish populations and their habitat, in the Upper San Joaquin River, including significant adverse impacts to the storage capacity and water quality of Millerton Reservoir. Millerton Reservoir (Friant Dam) is operated by the U.S. Bureau of Reclamation (hereinafter known as "USBR) for flood control, and is a prime source of water for irrigation and municipal supplies. However, Friant Dam is being operated by the USBR in violation of state law Section 5937 of the California Fish and Game Code.
The CSPA believe that the approval of the sluicing of accumulated sediment from Kerckoff Reservoir by the Commission and its staff would violation the federal Clean Water Act, and other applicable water quality statutes and regulations without the expressed approval by other applicable state and federal agencies.
The CSPA is seriously concerned about the sluicing of accumulated sediment into California waterways from FERC licensed dams and projects. i.e. North Fork Feather River (Rock Creek and Cresta Dams) (PG&E), Slate Creek (Slate Creek Diversion Dam) (OWID). The condition of water quality below FERC licensed dams is very important to the members of the CSPA and many citizens of California. The water, water quality, the fishery resources, and the aquatic resources of the State of California belong to the public and are public trust resources and public trust assets.
This formal complaint is supported by the U.S. Bureau of Reclamation in that the USBR advised PG&E about this major water quality problem in January, 1998. We reference letter from the USBR to PG&E dated January 12, 1998; J. Carl Dealy, Resource Management Division, U.S. Bureau of Reclamation; South-Central California Area Office; Fresno, California.
Formal complaints filed by the public and other interested parties can get buried in the Commission's legal department and may not surface for many years. We are requesting swift action by the Commission and its staff so that the people's water, water quality, fish and aquatic species and their habitat, and other public trust resources are protected by the Commision and its staff in a timely responsible manner consistent with state and federal statutes and regulations, and not avoided by the Commission and its staff to protect the self serving interest of dam owners such as PG&E.
Relief Requested by California Sportfishing Protection Alliance from the Commission and its Staff
1. The CSPA request the Commission and its staff to investigate this complaint in a timely responsible matter.
2. The CSPA request the Commission and its staff to require PG&E to remove (not sluice) the accumulated sediment in Kerckhoff Reservoir in an environmental acceptable plan which is approved by the California State Water Resources Control Board, U.S. Fish and Wildlife Service, California Department of Fish and Game, and other applicable local, state, and federal agencies.
3. The CSPA request the Commission and its staff to require PG&E to file an amendment to its FERC license for the proposed plan to sluice sediment to operate low-level outlets at Kerckoff Reservoir, subject to protests, comments, and interventions by interested parties and citizens.
4. The CSPA request the Commission and its staff to prepare an Environmental Assessment (EA) pursuant to the requirements of NEPA for the proposed plan to sluice sediment to operate low-level outlets at Kerckoff Reservoir, subject to public review and comment.
5. The CSPA request that PG&E be required by the Commission and its staff to obtain water quality certification and/or approval from the California State Water Resources Control Board for the proposed plan to sluice sediment into a California waterway to operate low-level outlets at Kerckoff Reservoir.
6. The CSPA request that the Commission and its staff consult with the U.S. Fish and Wildlife Service pursuant to the U.S. Fish and Wildlife Coordination Act for the proposed PG&E plan to sluice sediment to operate low-level outlets at Kerckoff Reservoir.
7. The CSPA request that the Commission and its staff consult with the California Department of Fish and Game pursuant to the U.S. Fish and Wildlife Coordination Act for the proposed PG&E plan to sluice sediment to operate low-level outlets at Kerckoff Reservoir.
8. The CSPA request that the Commission and its staff consult with the U.S. Bureau of Reclamation pursuant to applicable federal statues and regulations for the proposed PG&E plan to sluice sediment to operate low-level outlets at Kerckoff Reservoir.
9. The CSPA request that the Commission and its staff consult with the U.S. Fish and Wildlife Service pursuant to the federal Endangered Species Act to determine the effects to listed species and their habitat which may be adversely jeopardized and harmed from the proposed PG&E plan to sluice sediment to operate low-level outlets at Kerckoff Reservoir.
10. The CSPA request the Commission and its staff, prior to the approval of the plan, to require PG&E to conduct aquatic studies approved by the U.S. Fish and Wildlife Service and the California Department of Fish and Game, to determine the effects to aquatic species and their habitat in the Upper San Joaquin River resulting from said PG&E plan to sluice sediment from Kerckhoff Reservoir into the Upper San Joaquin River.
11. The CSPA request the Commission and its staff to require PG&E to conduct studies to determine whether sediment accumulated in Kerckhoff Reservoir and sluiced by PG&E would be harmful to downstream drinking water supplies.
12. The CSPA request the Commission and its staff to require PG&E to conduct studies to determine the specific amounts of sediment accumulated in Millerton Reservoir and in Kerckhoff Reservoir, and also the amount of storage lost at both reservoirs resulting from sediment accululation.
13. The CSPA request the Commission and its staff to require PG&E to provide CSPA and the public with a copy of its plan for the proposed PG&E plan to sluice sediment to operate low-level outlets at Kerckoff Reservoir.
14. The CSPA request the Commission and its staff to allow for full public disclosure, full public review, and public comment, concerning PG&E's proposed plan to sluice sediment to operate low-level outlets at Kerckoff Reservoir.
15. The CSPA request the Commission and its staff to prepare a detailed " Upper San Joaquin River Watershed Cumulative Water Quality Impact Analysis" resulting from accumulated sediment being sluiced for all reservoirs licensed by the Commission in the watershed. Said analysis should be given full public review and opportunity for comments.
16. The CSPA request the Commission and its staff not to approve said PG&E plan unless approved by state and federal agencies pursuant to applicable state and federal statutes and regulations.
17. The CSPA request the Commission and its staff to act upon this complaint in a timely manner because it is in the public interest.
18. The CSPA request the Commission and its staff to place the CSPA on the mailing list for all matters pertaining to the Kerckhoff Project,FERC Project No. 96.
19. The CSPA request the Commission and its staff to require PG&E to provide copies of all submittals pertaining to said plan, removal of sediment, and the subject project, to the CSPA at the address listed below.
A written response from the Commission and its staff concerning this complaint is requested by the CSPA.
Respectfully Submitted
______________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 530-836-1115 Fax: 530-836-2062
Dated: February 11, 1998
Service List
The Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
(the original and 15 copies)
Jim Canaday, 401 Coordinator
Division of Water Rights
California State Water Resources Control Board
P.O. Box 2000
Sacramento, CA 95812-2000
Gary Taylor
Mike Morse
Energy and Power
U.S. Fish and Wildlife Service
3310 El Camino Avenue, Suite 130
Sacramento, CA 95821-6240
Carl Dealy
Resource Management Division
South-Central California Area Office
U.S. Bureau of Reclamation
2666 North Grove Industrial Drive, Suite 106
Fresno, CA 93727-1551
George Nokes, Regional Manager
Region 4
California Department of Fish and Game
1234 East Shaw Avenue
Fresno, CA 93710
Richard Roos-Collins
Natural Heritage Institute
114 Sansome Street, Suite 1200
San Francisco, CA 94104
Steve Volker, Esquire
Earthustice Legal Defense Fund
180 Montgomery Street, Suite 1400
San Francisco, CA 94104
Michael Jackson, Esquire
P.O. Drawer 207
Quincy, CA 95971
Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
John Gangemi, Conservation Director
American Whitewater Affiliation
782 Swan River Road
Big Fork, MT 59911
Hydro Reform Coalition
1025 Vermont Avenue, N.W., Suite 720
Washington, D.C. 20005
Jim Edmondson, Executive Director
California Trout
9770 Sombra Terrace
Shadow Hills, CA 91040
Maureen Rose, et al.
California Hydro Reform Coalition
128 J Street, 2nd Floor
Sacramento, CA 95814-2207
Noel Folsom, Regional Director
San Francisco Office
Federal Energy Regulatory Commission
901 Market Street, Suite 350
San Francisco, CA 94103
Jaqueline Ball, District Superintendent
San Joaquin District
California Department of Parks and Recreation
P.O. Box 205
Friant, CA 93625
Terry Morford, Hydro Manager
Pacific Gas and Electric Company
Mail Code N11C
P.O. Box 770000
San Francisco, CA 94177
Interested Parties