HomeMy WebLinkAbout07.15.26 Board Correspondence - FW_ General Correspondence issued in FERC P-803-121From:Clerk of the Board
To:Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Krater,
Sharleen; Lee, Lewis; Little, Melissa; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth
Cc:Loeser, Kamie; Cannon, Jamie
Subject:Board Correspondence - FW: General Correspondence issued in FERC P-803-121
Date:Thursday, July 16, 2026 11:56:41 AM
Please see Board Correspondence -
Lewis Lee
Administrative Technician - Confidential
Butte County Administration
25 County Center Drive, Suite 200 • Oroville, CA 95965
T: 530.552.3326
www.buttecounty.ca.gov | lelee@buttecounty.ca.gov
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Subject: General Correspondence issued in FERC P-803-121
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On 7/15/2026, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-803-121
Lead Applicant: Pacific Gas and Electric Company
Filing Type: General Correspondence
Request for Additional Information
Description: Letter to Pacific Gas and Electric Company requesting additional information to be filed within 30 days re the 01/30/2026
Butte Creek Fisheries Mitigation Plan for the DeSabla-Centerville Hydroelectric Project under P-803.
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FEDERAL ENERGY REGULATORY COMMISSION
Washington D.C. 20426
OFFICE OF ENERGY PROJECTS
Project No. 803-121 — California
DeSabla-Centerville Project
Pacific Gas and Electric Company
July 15, 2026
VIA Electronic Mail
Ms. Stephanie Maggard
Pacific Gas and Electric Company
Stephanie.maggard@pge.com
Subject: Additional Information Request- January 30, 2026, Butte Creek Fisheries
Mitigation Plan
Dear Ms. Maggard:
This letter concerns your January 30, 2026, filing with the Federal Energy
Regulatory Commission (Commission), which contains the Butte Creek Fisheries
Mitigation Plan (Plan) for the DeSabla-Centerville Hydroelectric Project No. 803.
Following review of your filing, Commission staff have identified additional information
and actions that are needed within 30 days of the date of this letter.
Your January 30, 2026, filing provided the Plan for Commission approval. The
Plan is required by the Commission’s November 19, 2024, letter (2024 letter) to address
the adverse environmental effects of the Butte Creek Canal failure in 2023. The Plan
must contain provisions to mitigate for the loss of federally listed Central Valley spring-
run Chinook salmon (CVSRCS). Mitigative actions may include habitat improvement,
fish stocking, fish passage improvements, funding for habitat improvement projects or
broodstock rearing, or other similar measures. The Plan must be developed in
consultation with the National Marine Fisheries Service (NMFS) and California
Department of Fish and Wildlife (California DFW) (collectively, agencies) and filed with
the Commission no later than February 17, 2025. The deadline was extended multiple
times, most recently until January 31, 2026.1
1 See the Commission’s November 26, 2025, Order Granting Extension of Time.
Project No. 803-121 - 2 -
Your Plan outlines the timeline of developing the Plan following the
Commission’s 2024 letter and proposes implementing one of two strategies to address the
effect of the canal failure on the Butte Creek fishery. The first strategy entails habitat
enhancement measures consisting of a combination of gravel augmentation and large
woody debris placement to increase spawning, incubation, and rearing opportunity above
existing conditions. The second strategy entails contributing $5.1 million over two years
to a captive broodstock rearing program.
Your filing contains a summary of how the Plan was developed, as well as a
description of your initial response to the canal failure incident, including the removal of
sediment introduced the Butte Creek following the canal failure, water quality monitoring
and reporting, a benthic macroinvertebrate assessment, and a habitat assessment. It
explains how you arrived at the two mitigation strategies described above and cites
various meetings held with the agencies since the Commission’s 2024 letter. The filing
does not contain minutes from these meetings. Other than reference to these meetings,
you consultation record consists of: 1) your staff’s November 20, 2025, request to
California DFW to further elaborate on the breakdown of costs tied to the broodstock
program in preparation for a meeting scheduled for December 3, 2025, with the agencies
to discuss the Plan; 2) NMFS’s November 20, 2025, email to you and the California
DFW reiterating its commitment to continue consulting on the Plan; 3) California DFW’s
December 2, 2025, response to your November 20, 2025, email, stating that it needs to
better understand your staff’s November 20, 2025, request before it can formally respond;
and 4) what appears to be a follow-up email sent by California DFW with a detailed
breakdown on the broodstock program estimate dated January 20, 2026.
Your filing recognizes that the agencies do not support the concept of habitat
enhancement measures to satisfy the requirements of the Plan and instead, support and
prefer the development of a captive broodstock rearing program. According to California
DFW’s calculations, the cost of such a program is approximately $21.2 million over
seven years. Upon review of this information, you believe the captive broodstock
program proposed by California DFW is more consistent with a recovery-scale
conservation program than a program that addresses the partial spawning cohort loss of a
single year event (i.e., the estimated reproductive loss of the presumed 51-55 holding
CVSRCS adults resulting from the canal failure incident). You go on to explain that “the
agencies emphasize the effects of the 2023 incident were magnified by low population
abundance in recent years and that the resulting cohort reduction created a genetic
bottleneck”, and in response to this, state that “PGE is not responsible for mitigating the
causes of reduced population trends preceding the event, which includes activities that
influence various life stages through the Sacramento River, Delta, and Pacific Ocean”.
Project No. 803-121 - 3 -
One day prior to your filing, the California DFW filed extensive comments on the
Plan with the Commission and elaborated on some of the timeline for developing the
Plan. Specifically, while California DFW agrees that a captive broodstock rearing
program is the most appropriate strategy, it maintains that a contribution of $5.1 million
toward a program is nearly $16 million short of the estimated cost associated with
running such a program and that the program should last seven years, not two. California
DFW explains how it arrived at the $21.2 million estimate in its filing and explains why
it fundamentally disagrees with your method for calculating what you consider to be a
reasonable contribution to the broodstock program and provides its reasons. California
DFW also states that it discussed the budget for the broodstock program with you during
the December 3, 2025, meeting, followed by an email to you containing more detailed
information dated January 20, 2026. Further, California DFW mentions an additional
meeting between it and you took place on January 21, 2026, presumably to discuss the
budget in more detail; however, according the California DFW, the meeting was brief
and largely consisted of you informing it that you disagree with the scope of mitigation
required by the Commission’s 2024 letter. Nine days later, you filed the Plan with the
Commission for approval. In your filing, you state that you are aware of California
DFW’s filing and will respond if necessary. As of the date of this letter, you have not
filed a response.
Upon reviewing your Plan and California DFW’s comments, it is evident that
further consultation is needed on the Plan, as mitigation expectations widely differ
between you and California DFW. This seems largely attributable to a fundamental
disagreement regarding what the scope of mitigation should entail. As stated in our
November 18, 2024, letter, the Plan is to mitigate for the effects for the loss of 54-59
percent (51-55 adults) of adult spring-run Chinook, or the assumed quantity of juvenile
salmon that would have resulted from the partially-lost 2023 cohort.
We recommend that you respond to California DFW’s January 29, 2026,
comments. Because the Commission’s letter requires the Plan to be developed in
consultation with the agencies, and it is apparent that further consultation is needed, we
encourage you to continue working together with the agencies on the Plan. During future
consultation efforts, we encourage all parties to keep in mind the intended scope of the
Plan (to offset the adverse effects to fishery resources from the 2023 Butte Creek Canal
failure incident) and to work together to develop a mutually-agreeable approach that
balances identifying an effective mitigation strategy with the economic feasibility of
implementing that strategy.
Project No. 803-121 - 4 -
To that end, please file the following information within 30 days of the date of this
letter:
1) A response to the California DFW’s January 29, 2026, filing, using project-
specific information to support your reasons for any comments that you do not
incorporate into the Plan. The response should justify, in detail, why your
funding proposed amount will meet the mitigation requirement compared to
the California DFW’s funding estimate and how the plan mitigates the effects
of the canal failure over a two-year span versus the seven-year span mentioned
above.
2) Identify a plan and schedule for meeting with the agencies to make progress on
a plan that effectively mitigates for the effects to the Butte Creek fishery
following the failure of Butte Creek Canal.
3) Identify a new deadline for filing the Plan, taking the abovementioned requests
into consideration. As a reminder, a complete consultation record should be
included in your filing. This must include documentation of consultation with
both agencies, including their specific comments, thereby demonstrating that
each agency was included in the development of the Plan and that each
agency’s comments were considered.
Thank you for your cooperation. If you have any questions regarding this letter,
please contact me at (202) 502-6760.
Sincerely,
Joy Kurtz
Aquatic Ecologist
Division of Hydropower Administration
and Compliance
Cc: VIA Electronic Mail
Mr. Matt Joseph
Pacific Gas and Electric Company
MWJA@pge.com
Project No. 803-121 - 5 -
Mr. Sky Ramirez-Doble
Pacific Gas and Electric Company
s9rv@pge.com
Ms. Megan Young
Pacific Gas and Electric Company
mry2@pge.com
Ms. Cathy Marcinkevage
NMFS
cathy.marcinkevage@noaa.gov
Ms. Ellen Roots
NMFS
Ellen.roots@noaa.gov
Ms. Hannah Mone
NMFS
hannah.mone@noaa.gov
Ms. Morgan Kilgour
California DFW
morgan.kilgour@wildlife.ca.gov
Ms. Anna Allison
California DFW
Anna.allison@wildlife.ca.gov
Ms. Beth Lawson
California DFW
Beth.lawson@wildlife.ca.gov
Mr. Colin Purdy
California DFW
colin.purdy@wildlife.ca.gov