20170717-3011 FERC PDF (Unofficial) 07/17/2017

160 FERC 62,040

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Loup River Public Power District Project No. 1256-031

ORDER APPROVING TEMPORARY VARIANCE OF REASONABLE AND

PRUDENT MEASURE 1: TERM AND CONDITION 1(A)

(Issued July 17, 2017)

1. On July 13, 2017, Loup River Public Power District (licensee) filed a request for a
temporary variance from an operational requirement contained in its new license for the
Loup River Project issued May 22, 2017.1 The Loup River Project is located on the Loup
and Platte Rivers in Nance and Platte Counties, Nebraska.

Background

2. The new license requires the licensee to comply with the terms and conditions
contained in the December 16, 2016 Biological Opinion issued by the U.S. Fish and
Wildlife Service (FWS) to protect federally listed species pursuant to the Endangered
Species Act. The FWS terms and conditions were included in Appendix A and
incorporated into the license via ordering paragraph (E).

3. At issue here is condition RMP1-TC1a,2 which is designed to minimize incidental

take of federally-listed pallid sturgeon when low flows and high temperatures occur in
the Platte River. This condition requires the licensee to stop diversions when water
temperatures have met or exceeded 93 Fahrenheit (F) at the U.S. Geological Survey
gage on the Platte River downstream at Louisville. Diversions may resume when daily
maximum temperatures at the Louisville gage fall below 93 F for 72 consecutive hours.

4. On July 12, 2017, the FWS filed a copy of a letter it sent to the licensee saying the
intent of RPM1-TC1a is to limit the effects of project diversions and hydro cycling on

1
Loup River Public Power District, 159 FERC 62,198.
2
This condition refers to reasonable and prudent measure (RPM) 1, term and
condition (TC) 1a.
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pallid sturgeon during times of low flow and high river temperatures.3 FWS says its
intent was not to limit diversions for non-hydropower purposes. FWS acknowledges the
licensees uncertainty on how to manage diversions in accordance with RPM1-TC1a
while also maintaining non-hydropower deliveries. Given these uncertainties, FWS
suspended implementation of RPM1-TC1a effective immediately until the licensee and
FWS can complete a joint implementation plan and develop a path forward in
coordination with the Commission.

Temporary Variance Request

5. In its July 13, 2017 filing, the licensee cites FWS suspension and requests a
temporary variance from RPM1-TC1a until such time as the licensee and FWS can
determine appropriate measures under a joint implementation plan that are acceptable to
all parties. The licensee indicates that, when such measures are determined, it will notify
the Commission.

Conclusion

6. The licensees July 13, 2017 request for a temporary variance from RPM1-TC1a
has FWS concurrence. The licensee and FWS are working together to reconsider this
condition in light of non-hydropower diversions. With the addition of a requirement to
file quarterly progress reports to keep the Commission informed during the temporary
variance period, the licensees temporary variance request should be approved.

The Director orders:

(A) Loup River Public Power Districts (licensee) July 13, 2017, request for a
temporary variance from condition RPM1-TC1a contained in Appendix A of the license
for the Loop River Project is approved. This temporary variance shall remain in effect
until further order by the Commission.

(B) The licensee must file quarterly reports with the Commission describing its
progress consulting with the U.S. Fish and Wildlife Service concerning condition RPM1-
TC1a along with any proposed modifications to this condition or a joint implementation
plan. Any proposed amendments to the terms and conditions in the license must be filed
for Commission approval.

(C) This order constitutes final agency action. Any party may file a request for
rehearing of this order within 30 days from the date of its issuance, as provided in section
313(a) of the Federal Power Act, 16 U.S.C. 825l (2012), and the Federal Energy

3
FWS letter was dated July 11, 2017.
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Regulatory Commissions regulations at 18 CFR 385.713 (2016). The filing of a

request for hearing does not operate as a stay of the effective date of this order, or of any
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other date specified in this order. The licensees failure to file a request for rehearing
shall constitute acceptance of this order.

Steve Hocking, Chief

Environmental and Project Review Branch
Division of Hydropower Administration
and Compliance
20170717-3011 FERC PDF (Unofficial) 07/17/2017
Document Content(s)

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