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`UNITED STATES DEPARTMENT OF COMMERCE
`National Oceanic and Atmospheric Administration
`NOAA FISHERIES SERVICE
`WEST COAST REGION
`650 Capitol Mall, Suite 5-100
`Sacramento, California 95814-4706
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`April 10, 2014
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` In response refer to:
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` WF:WCR:FERC P-2179/P-2467
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`Kimberly D. Bose, Secretary
`Federal Energy Regulatory Commission
`888 First Street, NE
`Washington, D.C. 20426
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`Re: NOAA Fisheries Service’s Request for a Time Extension to the Deadlines for Submitting
`Comments, Motions to Intervene, Preliminary Federal Power Act § 18 Prescriptions,
`§ 10(j) Conditions, and § 10(a) Recommendations in Response to the “Ready for
`Environmental Analysis” Notices for the Merced River and Merced Falls Hydroelectric
`Projects, Federal Energy Regulatory Commission Projects Nos. 2179 and 2467,
`Respectively, Merced River, California.
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`Dear Secretary Bose:
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`On March 24, 2014, NOAA Fisheries Service (NMFS) received the Federal Energy Regulatory
`Commission’s (Commission or FERC) Notices that the Merced River and Merced Falls
`Hydroelectric Projects (Projects), FERC Projects P-2179 and P-2467, respectively, were ready
`for environmental analysis (REA Notices). NMFS respectfully requests a minimum 60-day time
`extension to the deadlines for submitting our Comments, Motions to Intervene, and Preliminary
`Federal Power Act § 18 Prescriptions, § 10(j) Conditions, and § 10(a) Recommendations for the
`Projects. NMFS is requesting this time extension due to drought-related workload associated
`with these and other FERC projects in California.
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`The Commission issued a letter on February 6, 2014, to California FERC project licensees,
`offering Commission assistance in reviewing requests for license amendments in order to
`conserve water resources at FERC-licensed projects. On March 27, 2014, the Merced Irrigation
`District (MID) filed an application for temporary variance for its P-2179 Project, which the
`Commission noticed for comment on March 28, 2014. MID implied in their March 27th drought
`variance request to the Commission that all Resource Agencies concurred with their variance
`request. However, while NMFS had exchanged data and analytical information with MID, we
`have not provided nor implied any such response. NMFS is preparing a Technical Assistance
`letter, pursuant to the ESA, regarding our concerns with anadromous fish resources that would be
`affected by MID's drought variance request. NMFS shall submit our response to the
`Commission on or before the Commission's due date in their Notice of MID's drought variance
`request.
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`The Commission’s February letter indicated that licensees should consult with the appropriate
`resource agencies for drought-related deviations from license conditions for licenses not
`containing a temporary deviation clause. As a result of this direction, NMFS and other Resource
`Agencies have received numerous requests from licensees, in addition to MID’s request, to
`review and concur with variances to their minimum instream flow, minimum reservoir-pool,
`compliance measurement, and water year type requirements. These variance requests have been
`focused in the Sierra Nevada and Central Valley regions of California, which include numerous
`FERC-licensed projects within the jurisdiction of NMFS. The California Department of Water
`Resources Bulletin 120 forecast of unimpaired runoff, which is used for determining water-year
`type, came out on April 1, 2014, and is expected to generate additional variance requests. The
`May 1, 2014, adjustment of water-year type is expected to do the same.
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`NMFS is concerned with the direct and cumulative effects of the numerous proposed drought
`variances’ conditions on anadromous fish resources, many of which are listed under the Federal
`Endangered Species Act (ESA), found within the watersheds of the Sierra Nevada and Central
`Valley regions of California. Thus, NMFS’ response to these drought variance requests requires
`a great deal of staff time due to the extensive review of available data and subsequent modeling
`analysis. The resulting complex analyses are necessary in order to ascertain how each variance
`request may be mitigated so as to protect and conserve ESA-listed anadromous fish resources.
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`Therefore, NMFS’ staff continues to work diligently on numerous Sierra Nevada and Central
`Valley variance requests, including the variance request for the P-2179 Project. However,
`NMFS is also currently working on developing our Preliminary Federal Power Act § 18
`Prescriptions, § 10(j) Conditions, and § 10(a) Recommendations (“Preliminary Terms”) for the
`Projects. We recognize the importance of responding to variance requests in a timely manner
`and thus have prioritized those reviews. However given this conflicting workload for our limited
`staff, we request a minimum 60-day extension of the deadlines for submitting our comments,
`interventions, and Preliminary Terms for the Projects set forth in the REA Notices.
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`If you have questions about NMFS’ request, please contact me, at 707-575-6052.
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`Sincerely,
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`Steve Edmondson
`FERC Branch Supervisor
`NMFS, West Coast Region
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`Enclosure
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`cc:
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`FERC Service Lists for P-2179 and P-2467.
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`Enclosure A
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`UNITED STATES OF AMERICA
`FEDERAL ENERGY REGULATORY COMMISSION
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`Merced Irrigation District
`Merced River Hydroelectric Project
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`Pacific Gas and Electric Company
`Merced Falls Hydroelectric Project
`Merced River
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`Project No. P-2179
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`Project No. P-2467
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`I hereby certify that I have this day served, by first class mail or electronic mail, a letter to
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`CERTIFICATE OF SERVICE
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`Secretary Bose of the Federal Energy Regulatory Commission from the U.S. Department of
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`Commerce’s, National Oceanic And Atmospheric Administration’s, NOAA Fisheries Service
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`containing our request for a time extension to the REA Notices for the above proceedings and
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`this certificate of service upon each person designated on the official service lists compiled by
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`the Commission in the above-captioned proceedings.
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`Dated this 10th day of April 2014
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