[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Page 71346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22700]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2088-068]


South Feather Water and Power Agency; Notice of Intent To Prepare 
a Supplemental Environmental Impact Statement

    On March 26, 2007, South Feather Water and Power Agency (South 
Feather) filed an application for a new license for the existing South 
Feather Power Project FERC No. 2088. The project is located on the 
South Fork Feather River, Lost Creek, and Slate Creek in Butte, Yuba, 
and Plumas Counties, California and occupies 1,977.12 acres of federal 
land administered by Plumas National Forest and 10.57 acres of federal 
land administered by the U.S. Bureau of Land Management. The project is 
a water supply and power generating project consisting of four 
hydroelectric developments: Sly Creek, Woodleaf, Forbestown, and Kelly 
Ridge, which combined provide 117.3-megawatts of generating capacity 
and an average of 498,972 megawatt-hours of electricity annually.
    On June 4, 2009, the Federal Energy Regulatory Commission 
(Commission) issued a final Environmental Impact Statement (EIS) for 
the project. Subsequently, South Feather entered into a Settlement 
Agreement with the California Department of Water Resources and the 
State Water Contractors, Incorporated, which modifies the proposed 
operation of the project's Kelly Ridge Powerhouse.\1\ Additionally, the 
California State Water Resources Control Board (Water Board) filed a 
water quality certification for the project on November 30, 2018; \2\ 
South Feather filed an amendment to its license application on December 
21, 2021, in which it proposes additional measures developed in 
consultation with the U.S. Fish and Wildlife Service (FWS) to protect 
the federally endangered Sierra Nevada yellow-legged frog; and the 
Forest Service filed revised final conditions under section 4(e) of the 
FPA on October 14, 2022.
---------------------------------------------------------------------------

    \1\ On December 13, 2018, South Feather filed the Settlement 
Agreement with the Commission.
    \2\ On June 28, 2020, the Commission determined that the Water 
Board waived its authority to issue a water quality certification 
for the project; therefore, the certification conditions are not 
considered mandatory under section 401 and the conditions are now 
considered recommendations under section 10(a) of the Federal Power 
Act (FPA).
---------------------------------------------------------------------------

    To evaluate these filings made subsequent to the issuance of the 
final EIS as well as newly listed species under the Endangered Species 
Act, Commission staff intends to prepare a draft and final supplemental 
EIS in accordance with the National Environmental Policy Act. The 
supplemental EIS will describe and evaluate the effects of the proposed 
action and alternatives. For the resource areas not affected by any new 
and revised measures or new environmental information, the supplemental 
EIS will either include, or incorporate by reference, analyses from the 
final EIS.
    With this notice, we are reinitiating informal consultation with 
the FWS under section 7 of the ESA and the joint agency regulations 
thereunder at 50 CFR part 402.
    The draft supplemental EIS will be sent to all persons and entities 
on the Commission's service and mailing lists for the South Feather 
Power Project. Recipients will then have 60 days to review the draft 
supplemental EIS and file written comments with the Commission. All 
comments filed with the Commission on the final supplemental EIS will 
be considered in the Order taking final action on the license 
application. The application will be processed according to the 
following schedule. Revisions to the schedule may be made as 
appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Draft Supplemental EIS issued.............  October 2023.
Comments due on Draft Supplemental EIS....  December 2023.
Final Supplemental EIS issued.............  April 2024.
------------------------------------------------------------------------

    This notice informs all interested individuals, organizations, 
tribes, and agencies with environmental expertise and concerns, that: 
(1) the Commission staff has decided to prepare a supplemental EIS 
addressing the settlement and amendment application; and (2) the 
comments, recommendations, and terms and conditions already on file 
with the Commission on the application will be taken into account in 
the supplemental EIS.
    Any questions regarding this notice may be directed to Quinn 
Emmering, the Commission's coordinator for the relicensing of the 
project, at (202) 502-6382 or at [email protected].

    Dated: October 3, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-22700 Filed 10-13-23; 8:45 am]
BILLING CODE 6717-01-P