replacement, including alternative designs and operational measures, and shall utilize the results of these studies in the preparation of the relevant exhibits or reports required to accompany any application for a license to construct and operate the project. In connection with studies pertaining to archeological, historic, and Indian religious and cultural sites, the permittee shall consult with the state historic preservation officer for each state in which any part of the project would be located, and the National Park Service of the U.S. Department of the Interior. Article 8. The permittee shall file four copies of a report at the close of each 6-month period from the effective date of this permit, with the Director, Office of Hydropower Licensing, or to any other officer the Commission may designate, and a copy to any entity specified in this order to be consulted during the permit term. Proof of service on these entities must accompany each copy of the report filed with officers of the Commission. Specifically, the report must describe the purposes and scope of all conferences and investigations, identify participants, summarize decisions and conclusions, provide a schedule for completing remaining work, and contain copies of important correspondence and studies or summaries thereof. Each report must include a statement summarizing the permittee's anticipated date for submitting a license or exemption application, as appropriate. The first report should include a specific schedule showing when study tasks will start and when they will be completed. In particular, the report should address the following items: (1) the studies conducted during the past 6-month period (copies of studies or summaries thereof should be furnished); (2) a summary of consultation with agencies, and copies of correspondence and meeting notes verifying that such consultations took place during the past 6-month period; (3) an outline and summary of engineering, environmental, and other investigations to be conducted during the ensuing 6-month period to determine the feasibility of the project as delineated by article 1; (4) a summary of the consultations with the appropriate federal, state, and local agencies that will take place during the ensuing 6-month period as outlined by articles 7 and 9; and (5) an assessment of the feasibility of the project. The appropriate federal, state, and local agencies should be contacted pursuant to 18 C.F.R. §4.38. Article 9. The permittee shall, during the initial period of the permit, consult with the U.S. Fish and Wildlife Service of the Department of the Interior, the state fish and game agencies, and the National Marine Fisheries Service of the U.S. Department of Commerce if the project affects anadromous fish, to obtain their views and recommendations on (1) studies to be conducted during the term of the permit to assess the effect that the proposed project might have on fish and wildlife resources and (2) the facilities or measures that may be needed to conserve and develop those resources. A copy of the report on the permittee's study shall be filed as part of the fish and wildlife exhibits or reports of any subsequent application for license. Appendix A Notice of Application (Issued December 20, 1990) a. Type of Application: Preliminary Permit b. Project No.: 11040-000 c. Date filed: November 2, 1990 d. Applicant: Utah State University e. Name of Project: Logan River First Dam f. Location: On Logan River in Cache County, Utah. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. §§ 791(a) - 825(r) h. Applicant Contact: Ms. Evan N. Stevenson, Vice President for Administrative Affairs, Utah State University, Logan, Utah 84322-1445, (801) 750-1146 i. FERC Contact: Mr. Surender M. Yepuri, (202) 219-2847 j. Comment Date: March 12, 1991 k. Description of Project: The proposed project would utilize the existing First Dam, owned by the Applicant, and would consist of: (1) the existing concrete dam, 30 feet high and 200 feet long; (2) a reservoir having minimal storage; (3) a powerhouse within 8,000 feet of the dam site with an installed capacity of 800 kW; (4) a tailrace returning the discharge to the river; and (5) a direct connection to the Applicant's existing electrical distribution. The applicant estimates an annual output of 2 MWh and the cost of the work to be performed under the permit to be $50,000. [Note: Remainder of notice omitted in printing.] [¶ 62,201] Snohomish County Public Utility District No. 1, Project No. 2157-045 - Wash ington Order Approving Mitigative Plan (Issued March 27, 1991) J. Mark Robinson, Dir., Division of Project Compliance and Administration. On July 25, 1990, the Snohomish County Public Utility District No. 1 (licensee) filed and supplemented on December 10, 1990, a final report of the Adult Fish Passage (Powerhouse Berm) Study for the Henry M. Jackson (Sultan River) Project, FERC Project No. 2157. The study plan was approved by order dated August 22, 1984 [28 FERC ¶ 62,249]. The plan was required by article 55 of the order amending license dated October 16, 1981, and the Uncontested Offer of Settlement - Joint Agencies, approved by order dated February 9, 1983 [22 FERC ¶ 61,140]. The objective of the study was to determine whether the powerhouse berm facilitates successful upstream migration of anadromous fish and whether entry into powerhouse draft tube outlets causes injury to anadromous fish. The licensee was to conduct the study in consultation with the Joint Agencies (JA Washington Departments of Fisheries and Wildlife, Fish and Wildlife Service, National Marine Fisheries Service, and Tulalip Tribe) to determine jointly any additional measures needed to facilitate upstream migration. Such determinations were to be included in a final report to be filed for Commission approval no later than 6 months after completion of the study. The final report was to include agency comments and recommendations designed to mitigate project impacts upon fishery resources identified by the study. The licensee was to implement jointly determined remedial actions and recommendations within 6 months after submission of a final report. The study results to date show that adult chinook salmon, coho salmon, and steelhead are able to migrate upstream of the powerhouse over the fish passage berm and that entry into the powerhouse draft tube outlets is not frequent and does not result in injury. Initial spawning distribution studies of chinook salmon showed decreasing escapement after the project was constructed; however, the 1988 survey had the highest number of fish observed and the highest proportion of fish above the powerhouse of any previous year. Although observations were limited, the coho spawning surveys and snorkeling observations made on the 1984 coho run indicated that they could successfully migrate past the powerhouse. Spawning distribution surveys of winter-run steelhead showed no evidence of any problem with either upstream migration or distribution. Summer-run steelhead observations were limited, but they also indicated that fish successfully used the fish berm passageway and distributed themselves throughout the Sultan River from the mouth to the Everett Diversion Dam. The JA, in letters dated from April 1986 through February 1990, stated that, in general, the studies and the final report were satisfactory. The JA did have a concern that under certain flow conditions not occurring during the seven years of study, adult fish could enter the draft tube outlets and be injured or killed. The JA and the licensee developed a mitigative plan to address the JA concerns. The licensee agreed to provide screening of the canals if later operational experience and mitigation studies show the need for it. The licensee also agreed to continue visual monitoring of the tailrace area, particularly during the fall salmon spawning migratory period and the upriver steelhead spawning run. If passage problems are observed, the licensee would immediately notify the JA, and mitigative action would be considered during subsequent licensee/JA field observations and consultations. The licensee further stated that it would maintain the fish passage berm, subject to JA consultation, so that it continues to be effective in attracting fish and aiding their upstream migration. The licensee intends to continue participating in a cooperative effort with the WDF on the annual fall salmon spawner surIvey in the Sultan River. The licensee would also include information on adult fish passage past the powerhouse and the fish passage berm in its annual reports on Jackson Project operations required by license article 57. While the study results indicate successful migration of salmon and steelhead past the powerhouse, different flows could result in different hydraulics. Conditions during the study included powerhouse flows greater than 50 percent of the total river flow, but in future years powerhouse flows could exceed river flow by a larger amount. Fish could be attracted into draft tube outlets. The mitigative plan developed by the licensee and the JA would ensure successful upstream migration of adult salmonids past the powerhouse. The fish passage final report partially fulfills the requirements of the order, issued August 22, 1984, approving anadromous fish mitigation study plans. Under the conditions studied to date, the fish berm provides attraction flows for adult salmon and steelhead and allows them to successfully migrate upstream. To ensure continued success, the mitigative plan included in the July 25, 1990 filing should be approved. The Director orders: (A) The mitigative plan developed jointly by the licensee and the JA, included in the final report filed on July 25, 1990, and supplemented on December 10, 1990, is approved. (B) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. [¶ 62,202] City of Hastings, Minnesota, Project No. 4306-014 - Minnesota Order Amending License (Issued March 27, 1991) J. Mark Robinson, Dir., Division of Project Compliance and Administration. On October 22, 1990, the licensee filed a request for deletion of article 54 from the license. The license article empowers the licensee to undertake certain actions with respect to easements and changes in land rights. Article 54 also contains an annual reporting requirement of easements and land rights changes granted pursuant to the article. The licensee states that the project is located entirely within federal land and it is not empowered to grant easements through these lands. Given this information, the licensee states its annual easement report will always report no easements have been granted and requests the deletion of the requirement to eliminate the annual filing requirement. The licensee's request is reasonable and should be granted. The Director orders: (A) License article 54 is hereby deleted. (B) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. [¶ 62,203] Pacific Gas and Electric Company, Project No. 803-031 - California Order Approving Exhibit R Drawing (Issued March 27, 1991) J. Mark Robinson, Dir., Division of Project Compliance and Administration. On February 25, 1991, the Pacific Gas and Electric Company, licensee for the De SablaCenterville Project, filed an as-built drawing reflecting the construction of 10 additional campground units at the Philbrook Reservoir. The additional campground units were required by the revised exhibit R for the subject project. The subject drawing should be approved and made a part of the project license. The Director orders: (A) The drawing filed on February 25, 1991, entitled "Exhibit R-2, Plan for Recreational Use at Philbrook Reservoir" is approved as FERC Drawing No. 803-073 and made a part of the license. (B) The approved drawing supersedes FERC Drawing No. 803-72. (C) Within 90 days from the date of this order, the licensee must file with the Commission's Secretary one original and one Diazotype duplicate set of aperture cards showing the approved exhibit drawing. The original must be reproduced on silver or gelatin 35-mm microfilm and mounted on Type D (3 1/4′′ × 7 3/8") aperture cards. The licensee must also submit at the same time a set of Diazo-type duplicate aperture cards to the Commission's San Francisco Regional Office. The FERC drawing number shall be shown in the margin below the title block of microfilm drawings. The top line of each aperture card shall show the appropriate FERC exhibit, drawing number, drawing title, and the date of this order. (D) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. [¶ 62,204] Georgia Power Company, Project No. 2413-015 - Georgia (Issued March 27, 1991) J. Mark Robinson, Dir., Division of Project Compliance and Administration. On February 4, 1991, Georgia Power Company, licensee for the Wallace Dam Project, requested Commission authorization to remove 0.27 acre of land in Morgan County, Georgia, from within the project boundary. The 0.27 acre will be sold to an adjacent landowner. The small parcel of land that is to be removed from within the project boundary is located between the privately owned lot outside the project boundary and the buffer zone for public access required by the license. After the land is conveyed, the new project boundary will still be, at a minimum, the required 25 feet from the high water mark of the Lake Oconee Reservoir. The removal of 0.27 acre will not adversely affect recreational and other public use of the project. The Director orders: (A) Georgia Power Company's February 4, 1991, request to remove 0.27 acre from within the project boundary of the Wallace Dam Project is approved. (B) The licensee shall, within 6 months of conveying the land, file for Commission approval a revised exhibit K showing the revised project boundary. (C) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. [¶ 62,205] Pacific Gas and Electric Company, Project No. 2735-024 - California Order Approving Wildlife Habitat Management Plan (Issued March 27, 1991) J. Mark Robinson, Dir., Division of Project Compliance and Administration. On August 27, 1990, Pacific Gas and Electric Company (licensee) filed the wildlife habitat management plan required by article 66 of the August 23, 1989, Order Amending License for the Helms Project. The principal components of the plan are: (4) increase the density of conifer "snags". The proposed mitigative measures will be maintained during the remaining 36 years of the project's license. Maintenance will consist of supplemental watering, additional plantings to achieve planting goals, and protecting the areas from grazing. Periodic pruning or thinning may be used to maintain goals. The plan incorporates the recommendations and comments of the California Department of Fish and Game and the Forest Service. Implementing the plan will enhance wildlife habitat in the area and provide mitigation for the project's impacts on wildlife. The Director orders: (A) The wildlife habitat management plan, filed on August 27, 1990, fulfills the requirements of article 66 of the August (cont'd) 23, 1989 Order Amending License and is approved. (B) This order constitutes final agency action. Requests for rehearing by the Commis sion may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. [¶ 62,206] KIAC Partners, Small Power Production and Cogeneration Facilities — Qualifying Status, Docket No. QF91-54-000 Order Granting Application for Certification as a Qualifying Cogeneration Facility (Issued March 27, 1991) Donald J. Gelinas, Director, Division of Applications. On December 28, 1990, KIAC Partners (KIAC) of Brooklyn, New York, filed an application with the Commission for certification of a facility as a qualifying cogeneration facility pursuant to section 292.207 of the Commission's regulations. The facility will be located at the John F. Kennedy International Airport, in New York City, and will consist of two combustion turbine generators, two unfired heat recovery boilers (HRBs) and an extraction/condensing steam turbine generator (STG). Steam recovered from the HRBS and the STG will be used for airport heating and cooling requirements. The maximum net electric power production capacity of the facility will be 100.3 MW. The facility is expected to be in operation between May 1, 1993 and January 31, 1994. Based on these facts, the facility is a topping-cycle cogeneration facility within the meaning of section 292.202(d) of the Commission's regulations. Notice of the application was published in the Federal Register with comments, protests or motions to intervene due on or before February 14, 1991. No comments, protests or motions to intervene have been filed. Discussion A. Ownership KIAC is a partnership consisting of two general partners, Airport Cogen Corp. (ACC) and CEA KIA, Inc. (CEAK). CEAK is an indirect, wholly owned subsidiary of Community Energy Alternatives Incorporated which, in turn, is an indirect, wholly owned subsidiary of Public Service Enterprise Group Incorporated (PSEG). PSEG is the holding company that owns Public Service Electric and Gas Company (PSE&G), an electric utility. Therefore, pursuant to section 292.206(b) of the Commission's regulations, CEAK's ownership interest is considered 156 Fed. Reg. 1525 (1991). as ownership by PSE&G. ACC is a wholly owned subsidiary of Gas Energy Inc. which is a wholly owned subsidiary of The Brooklyn Union Gas Company (Brooklyn). Brooklyn is not an electric utility; therefore, ACC is not considered an electric utility. Under the terms of the Partnership Agreement (Agreement), CEAK, the electric utility affiliate, will contribute 50% of the partnership capital, will be responsible for repayment of 50% of any loans made to the partnership from outside sources, and will receive 50% of the profits, losses and surplus in any year. The Agreement provides that KIAC will be managed by a Board of Managers consisting of one member from each of the two general partners and that action by the Board requires the vote of both members. Accordingly, CEAK, and thus PSE&G, is entitled to no more than 50% of the stream of benefits from and has no more than 50% of the control of KIAC. As a result, KIAC meets the ownership criteria of section 292.206 of the Commission's regulations and the interpreting cases (see, Ultrapower 3 (Ultrapower), 27 FERC 61,094 (1984) and CMS Midland, Inc. (CMS Midland), 38 FERC ¶ 61,244 (1987)). B. Loans The Agreement requires that ACC and CEAK each make loans to the partnership in proportion to their ownership percentages to fund various expenditures. The terms and the interest rate, a risk-adjusted market rate, must be approved by both partners. The Agreement also specifies penalty interest rates for delays or defaults in either partner making a required contribution or loan to the partnership. These provisions are intended to ensure that the partners meet their financial obligations when incurred. The provisions. apply equally to both partners, do not mandate that funds be obtained from the electric utility |