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HomeMy WebLinkAboutChakachamna Schedule and Initial Statement 2009"l------------·-------0 s E R v I c E s I LLC December II, 2009 Ms. Kimberly Bose, Secretary Federal Energy Regulatory Commission 888 First Street NE Washington, DC 20426 FILED ELECTRONICALLY Subject: Responses to November 25, 2009 Notice (Deficient Preliminary Permit Application) for the Chakachamna Hydroelectric Project (FERC No. 12660). Dear Ms. Bose, On November 3, 2009 TDX Power Services, LLC (TDX) submitted an application for a successive preliminary pem1it for the Chakacharnna Hydroelectric Project (FERC No. 12660). By letter dated November 25, 2009 the Commission notified TDX that the application was deficient and requested that items identified in Schedule A (Attachment A of this filing) of the notice be corrected within 45 days. As requested, TDX is providing a revised Initial Statement (Attachment B) that specifies the name of the person authorized to act as agent for TDX Power Services, LLC as required by Section 4.8I(a)(3) of the Commission's regulations. We are also providing a revised Exhibit 1 (Attachment C) that provides, to the best of our ability, additional detail on the proposed nine- foot high grade control weir as required by Section 4.81 (b)( 1 ). The revised Exhibit 1 also identifies the federal land located within the proposed Project boundary and contains updated FERC Form 587 (2 sheets) that are reconciled with Exhibit 3 from our November 3 filing. Kimberly Bose, Secretary December II, 2009 Page 1 of2 We look forward to working with the Commission as we continue to pursue this opportunity. As always, if you have any questions regarding this submittal, please contact me at (907) 278-23I2. Sincerely, (}1;,c,1. ~ Nicholas Goodman Manager Enclosures (3) cc: Service List Bureau of Land Management 222 W 7th Avenue #I3 Anchorage, Alaska 99513 Attention: FERC Withdrawal Recordation 20091125-3002 FERC PDF (Unofficial) 11/25/2009 Attachment A P-12660-002 3 Schedule A-Deficiencies Pursuant to section 4 .32( e)( 1) of the Commission's regulations, we have identified the following deficiencies with your preliminary permit application. Please file your revised application with the corrected deficiencies within 45 days from the date of this letter. 1. On page 2 of your application, you did not include the name of the person authorized to act as agent for TDX Power Services, LLC as required by section 4.81(a)(3) of the Commission's regulations. Please revise this part to include this information. 2. Section 4.81 (b)( 1) of the Commission's regulations requires that your application include the number, physical composition, dimensions, general configuration and, where applicable, age and condition, of any dams, whether existing or proposed, that would be part of the project. On page 7 of your application, you state that there would be a nine-foot-high grade control weir (i.e., dam) at the lake outlet As required by section 4.81(b)(l), please provide an estimate of the physical composition, general configuration, and dimensions of the dam across the outlet, mcluding the v-notch weir inverts and widths along the crest of the dam. 3. On page 9 of your application, you state that an estimated 1,009 acres of federal land would be located within the proposed project boundary. However, as required by section 4.81 (b)( 5), you did not identify the name of the federal land reservation(s) or tract(s). You also included a FERC Form 587land description showing the townships, ranges, and sections of the federal lands. When cross-referencing the information shown in FERC Form 587 with your Exhibit 3 maps, we note that the FERC Form 587 does not include federa11ands shown in Exhibit 3 in Township 12 North, Range 17 West, sections 11, 13, 23, and 25. Also, you tabulate the federal lands by full sections even though your project boundary only encloses small portions of federal lands within each of the identified sections. We note that section 4.8l(d)(3)(ii) requires that the proposed project boundary only enclose the smallest legal subdivision of a public land survey, which in this instance, would be quarter-quarter sections. Please revise Exhibit 1 of your application to identify the name of the federal land reservation(s) or tract(s) tabulated in FERC Form 587 and shown on your Exhibit 3 maps. Please also revise the FERC Form 587 to show the lands tabulated by quarter-quarter sections. Please also include the missing land parcels identified above in your tabulations. Please be sure that your Exhibit 3 maps and Attachment B-Response to Deficiency Item 1 A. Initial Statement (1) TDX Power Services, LLC ("Applicant") applies to the Federal Energy Regulatory Commission for a subsequent preliminary permit for the proposed Chakacharnna Hydroelectric Prqject ("Project"), as described in the attached exhibits. This application is made in order that the Applicant may secure and maintain priority of application for a license for the Project under Part I of the Federal Power Act while obtaining the data and performing the acts required to determine the feasibility of the Project and to support an application for a license. (2) The location of the proposed Project is: State or Territory: County: Township or nearby town: Stream or other body of water: Alaska Kenai Peninsula Borough Tyonek Chakachamna Lake (3) The exact name, business address, and telephone number of Applicant are: TDX Power Services, LLC 4300 B Street, Suite 402 Anchorage, AK 99503 Phone: (907) 278-2312 The exact name and business address of each person authorized to act as agent for Applicant in this application are: Nicholas Goodman, Manager TDX Power Services, LLC 4300 B Street, Suite 402 Anchorage, AK 99503 Phone: (907) 278-2312 Fax: (907) 278-2332 Email: ngoodmtm(ii:td¥:power.com It is requested that the following representatives also be included on the communication lists for this proceeding on behalf of Applicant: Eric Yould Wood Canyon Group,Inc. P.O. Box 3415 Palmer, AK 99645 Chakachamna Project (P-12660) November 2009 Preliminary Permit Application Initial Statement Phone: (907) 745-8367 Fax: (907) 745-8368 Email: eyould(a)starband.net and Finlay Anderson Long View Associates 4022 NE grh Ave Portland, Oregon 97212 Phone: (503) 335-5806 Fax: (503) 345-3418 Email: (amlerson(illollgviassocates. com (4) Applicant is a corporation and is not claiming preference under section 7(a) of the Federal Power Act. (5) The proposed term of the requested permit is 36 months. (6) Chakachamna Lake was formed naturally. There is no existing man-made dam. (7) The following exhibits are hereby made a part of this Application for Preliminary Pem1it: Exhibit 1 Description of Proposed Project (revised 12-15-2009 in response to November 25 2009 Deficiency Notice) Exhibit 2-Description of Studies (as submitted November 3, 2009) Exhibit 3 -Project Maps (as submitted November 3, 2009 and subsequently revised on November 9, 2009) Chakachamna Project (P-12660) December 2009 2 Preliminary Permit Application Initial Statement Attachment C-Response to Deficiency Items 2 and 3 © 2009 TDX POWER SERHCES, LLC. Chakachamna Hydroelectric Project FERC Preliminary Permit Application EXHIBIT 1 DESCRIPTION OF PROPOSED PROJECT (1) The number, physical composition, dimensions, general configuration and, where applicable, age and condition, of any dams, spillways, penstocks, powerhouses, tailraces, or other structures, whether existing or proposed, that would be part of the project; TDX Power is studying the feasibility of developing a hydroelectric project on the Chakachatna and MacArthur Rivers, approximately 40 miles west of the Native Village of Tyonek and approximately 82 miles west of Anchorage in the Kenai Peninsula Borough. TDX is proposing a project that entails the interbasin transfer of water from a lake-tap near the outlet of Chakacharnna Lake through an approximately 10.8 mile long hard-rock tunnel to an underground powerhouse that would discharge to the McArthur River. It is estimated that the project could produce roughly 1,300 gigawatt hours (GWh) average annual energy from an installed capacity of300 MW. A control weir and fish passage facilities would be located at the outlet of Lake Chakachamna. Upstream and downstream fish passage would be provided through an operating plan that maintains a minimum pool to provide access through the natural channel during key migration periods, and fish passage facilities that are available when the lake level is not high enough to provide flow to the Chakachatna River. The power produced would be distributed to an existing substation on the Railbelt grid in central Alaska via approximately 42 miles ofnewly constructed 230-kilovolt transmission lines. Existing Structures and Roads: Existing Structures: There are no existing structures in the project area. Existing Roads: Existing roads from Trading Bay or North Foreland would provide access to the location of the Straight Creek crossing (located approximately half way to the Project site). From the Straight Creek crossing to the Project site existing roads would be improved in a northwest direction to the north of the Chakachatna River; however, existing roads do not extent up the Chakachatna as far as the Project. Road improvements would take place on relatively flat land, crossing numerous creeks and wetland areas along the way. Thus no major slope stability issues are of concern and only improvements to gravel surfaces and/or culverts are expected. A new bridge construction at Straight Creek will be necessary. Overall review for improvement of the existing road conditions and river crossings will take into consideration transportation of the large pieces of equipment-including the tunnel boring machine, turbine and generator components-transportation of personnel, and delivery of construction equipment and materials. Chakachamna Project (P-12660) December 2009 Preliminary Permit Application Exhibit 1 © 2009 TDX POWER LLC. Proposed Project Structures and Roads: Unloading facilities would be developed on tidewater at Trading Bay to include storage and small camp facilities for operating staff All weather roads, including appropriate bridges and culverts, would be built to both the do·wnstream power plant location on McArthur River and the upstream facilities at Chakachamna Lake. Camp facilities for workers would be constructed at both locations. Access Road to Powerhouse: Farther upstream from Straight Creek a new bridge and new access road are proposed to cross the Chakachatna River and proceed approximately 15 miles to the proposed powerhouse to be located on the left bank of the McArthur River. The road alignment will follow the topography along existing creeks and follow the mountain contours on the left margin of McArthur River. Several culvert crossings would be required along the way to the powerhouse, but no major slope or stability issues will be encountered because the alignment of this section of road follows relatively gentle topography. Access Road to Intake: The access road from the Straight Creek Bridge will follow the left bank of the Chakachatna River valley for about 20 miles to the proposed intake area. This alignment will almost entirely cross rugged topography. The Chakachatna River canyon is bordered by steep slopes that may be unstable at times, so stabili7ation measures will be needed: careful alignment of this portion of the access road will be needed. It may be possible to move the alignment north to keep a setback distance from potentially unstable areas or other areas with higher risk of rockfall. At least one river crossing will be needed to access the right bank of the river valley and the power tunnel intake area and the upstream and downstream portals of the fish tunnel. Several culverts will be required along this portion of road for adequate drainage. Power Tunnel: The tunnel alignment is shown in Exhibit 1, Sheet 1 in Plan and Section. Topography from early 1960s United States Geological Survey quadrangle maps was used as it is believed to be the most accurate topography on hand. The power tunnel, which would be excavated with tunnel boring machines (TBMs), would be approximately 10.8 miles long and 21 feet in diameter. Since the bored surface would be relatively smooth, with small head losses, the tunnel would be unlined over most of its length. It is anticipated that the tunnel would cross faulted zones along the route, and the rock in these zones would not be self-supporting. These sections of tunnel would be lined with an integrated rock bolt and shotcrete lining. Immediately upstream of the penstocks, a surge shaft would be provided to control water hammer effects. Downstream of the surge shaft, the tunnel would be concrete lined and then pass into a steel lined section Exhibit 1, Sheet 2. Construction adits to access the top and bottom of the power-house and other chamber excavations and an access tunnel are also shown on Exhibit 1, Sheet 2. As shown, the access tunnel would also serve as the route for the ventilation system and power cables. As the Project design progresses, it may be shown that a separate cable/ventilation tunnel is required. Chakachamna Project (P-12660) December 2009 2 Preliminary' Permit Application Exhibit I Power Tunnel Intake: The power tunnel intake would be located in the right bank rock abutment (composed of quartz diorite) to provide for a secure structure protected against avalanches and rock-falls. The opening of the intake to the Chakachamna Lake would be located at an approximate elevation of 932 foot to insure adequate submergence to reduce attraction of fish into the power tunnel and to prevent vortex formation. Construction of the water intake would involve a lake tap and would have an upstream water control system located within a vertical shaft. The upstream control system would consist of a bulkhead gate as the primary maintenance gate and a fixed wheel gate as an emergency gate. The vertical shaft will be a wet-well type. The elevation of the platform in the shaft, for operation and maintenance of the gates, will be above maximum water level in the lake. An unlined intake tunnel will connect the bottom of the shaft to the lake. A rock trap would likely be installed to capture rock entering the power tunnel as a result of lake tap operation. These features are shown in Exhibit 1, Sheet 3. Surge Shafts: A single long tunnel is proposed to convey water from the intake to the three turbine units. Because of this long water conveyance, a surge shaft would be installed at the downstream end of tunnel, as close as possible to the powerplant. The location of the surge shaft would be selected so that the shaft will be located in rock. The surge shaft (with an approximate diameter of 60 feet) will be connected to the power tunnel with a smaller diameter. The purpose of the surge shaft is to reduce pressure changes caused by hydraulic transients resulting from load changes on the turbines and to reduce the water start-time relative to the mechanical start- time of the units, which would facilitate frequency regulation as well as load acceptance. Powerhouse: an underground cavern-type powerhouse will contain all mechanical equipment, including turbines and ancillary equipment. Based on the equipment specifications identified below, the expected powerhouse footprint would be 60 feet wide by 200 feet long. • Turbines: The three turbines proposed for the Project are vertical axis Francis units with a rated output capacity of 122 MW at full gate and average reservoir level with only one unit operating. The total installed capacity of the power plant would be 300 MW. The turbines would be directly coupled to a synchronous air/water-cooled generator. Because Francis units operate at higher speeds, smaller generators, and therefore a smaller powerhouse cavern, would be needed. Additional mechanical equipment would include the governor, three turbine shutoff valves installed immediately upstream of the turbines, and a powerhouse bridge crane. The tailrace mechanical systems include stoplogs and hoists to allow dewatering of the tailrace channel. • Transformers and switchyard cavern: The three-phase power transformers would be placed in an underground cavern connected to an ·underground gas insulated switchyard (GIS). Both the transformer and the switchyard cavern would be 40 feet wide by 85 feet long and connected to each other by an access tunnel and three bus tunnels. A single-line electrical diagram of the proposed facilities is provided in Exhibit I, Sheet 4 Further study may show that there is sufficient space outside the underground powerhouse for the GIS. If this is so, the GIS will be located outside as a surface facility, and one of the underground chambers will be eliminated. Chakachamna Project (P-12660) December 2009 3 Preliminary Permit Application Exhibit l © 2009 TDX POWER SER r7CES, LLC. • Powerhouse Tailrace: An approximately 1 000-foot-long tailrace tunnel would connect the draft tubes to the river downstream of the Project. Because of the length of this tunnel, a downstream surge shaft, at the confluence of all three tailrace tunnels, would be needed to reduce pressure fluctuation in the tailrace tunnel. The interior of the surge shaft must be at atmospheric pressure: this is currently shown as a small diameter shaft to the surface, but a horizontal adit leading to the ventilation tunnel or the access tunnel is also an option. Fish Passage Tunnel: Under the proposed operating plan, Chakachamna Lake water surface elevation will be below the elevation of the natural Chakachatna River outlet elevation for part of the year, preventing flow into the river. A bypass tunnel will be constructed in order to provide a means of conveying water for required instream flow releases and to provide low water fish passage when access is not available via the Chakachatna River. Preliminary long-term averages indicate that the project could be operated such that the river channel would carry sufficient flow for fish passage during much of the season. Current indications are that fish passage technology in some form would be required more than 70% of the time in an average July and less than 1 0% on average for the months of August through October. Natural variation in precipitation and other conditions would be expected to result in years with significantly more or less use of the fish facilities. More study is needed to further define run timing, instream flow requirements and other parameters that impact project design and operations. At this time it appears that the system could potentially be optimized to reduce or eliminate use of fish passage facilities in September and October. The proposed tunnel for fish passage will be located on the southwest abutment connecting Chakachamna Lake to the Chakachatna River, about 2.5 miles from the lake outlet (Exhibit l, Sheet 5). The adult entrance and juvenile outlet would be located at the downstream end of the tunnel. At the upstream or west end would be a chamber containing the juvenile inlet and adult outlet. These features are described below, from upstream to downstream (west to east). At this stage of the preliminary design, it is anticipated that the proposed fish tunnel would be bored in an east-west direction, with the same TBM as the power tunnel, so the anticipated diameter would also be 21 feet. The tunnel will probably cross one or more fault zones, expected to be between 15 feet and 60 feet wide. As in the case of the power tunnel, in areas of good quality rock, excavation would need very little rock support, whereas in the fault zones, supporting the rock with an integrated lining of rock bolts and reinforced shotcrete is anticipated. Adult Outlet and Juvenile Inlet Structure: A chamber would be excavated about 40 feet into the rock-face at the shore of the lake, with inlet structures for passing juvenile fish and minimum instream flows. Facilities for adults would include a fish ladder, holding pool, and a fish lock for returning adults to the reservoir. • Adult Fish Facilities: Adults arriving at the upstream end of the tunnel would travel up a vertical slot fish ladder, with a rise of 19 feet over 19 pools up to an invert elevation of Ll03 feet. At the top ofthe fish ladder, the fish would travel up a short channel and through a V-trap into a holding pond. The holding pool would be about 100 feet long and 16 feet wide and fitted with a fish crowder. Water depth in the holding pool would be a minimum of 6 feet. The water supply for the holding pool and fish ladder would come Chakachamna Project (P-12660) December 2009 4 Preliminary Permit Application Exhibit 1 © 2009 TDX POWER LLC. from the ladder flow intake gate adjacent to the fish lock (Exhibit 1, Sheet 6}. The energy of the water would dissipated in a stilling chamber and then upwell through floor gratings in the bottom of the fish lock and the holding pond. This flow of about 40 to 50 cfs would serve as fish attraction flow. The fish lock is 14 feet in diameter and about 60 feet high. It has three exit gates and a braille for crowding fish to the surface and out of the lock. Fish in the holding pool would be moved into the fish lock using the crowder Exhibit l, Sheet 7}. The entrance gate to the lock would be closed, and the lock would fill from flow entering through the floor grating. After the lock is filled, the appropriate lock exit gate would be opened. To make sure that the fish leave the lock, a brail covering the area of the lock will be raised forcing the fish upward to the level of the exit gate. Water flowing through the open lock exit gate would attract fish into the lake. The flow through the exit gate would be withdrawn at the bottom of the lock into a pipe delivering the flow to the stilling chamber and into the holding pool through the floor diffuser. Although operation of this facility could be automated, personnel would be present to monitor operation. It is envisioned that the lock would operate for 16 hours per day during the peak adult upstream passage season. • Juvenile Fish Facilities: Juvenile fish would be attracted into the entrance structure through openings provided at four elevations (Exhibit 1, Sheet 6). The lowest is the instream flow gate, a 12-foot by 12-foot gate capable of producing the bypass flow at the design water surface elevation range of I ,083 to I, 150 feet. After passing through the gate, the flow would decelerate in a horizontal channel until reaching the junction with the channel from the juvenile bypass gates. The upper three gates are the juvenile intake gates at elevations I,132, I,II2, and I,092 feet. Each ofthese gates is 6-foot by 6-foot and designed to admit 200 cfs into a 16-foot wide channel, which has a series of 1-foot drops over submerged weirs. At the downstream end of the drops is a chute, which accelerates the flow to same velocity as the instream flow. The flows combine at the junction of the two channels about 120 feet downstream of the instream flow gate. Both adults and juveniles would pass through the fish passage tunnel when the lake level is not high enough to provide flow down the Chakachatna River that is adequate for fish passage. The tunnel would be about 13,800 feet long and 2I feet in diameter. It would contain the adult transport channel, the downstream migrant transport channel, the instream flow conduit, and a small access road. The tunnel would have a slope of about 0.116 percent Exhibit I, Sheet 8). The adult transport channel would be in the upper right quadrant of the tunnel looking upstream It would have the same overall slope as the tunnel and would contain baffles along its length to provide resting areas for adults. The flow in the channel would be I 00 cfs and the average water velocity would be about 2 fps. The I 00 cfs is made up of 40 to 50 cfs from the ladder and about 50 cfs from the instream flow diffused into the lower steps in the ladder. Lighting of the adult passage channel would be provided to improve adult passage. Chakachamna Project (P-12660) December 2009 5 Preliminary Permit Application Exhibit l © 2009 TDX POWER LLC. The lower half of the tunnel would be devoted to passage of the instream flows and downstream migrants. During the passage seasons for both adults and juveniles, which do not overlap, the instream flow is assumed to be 1,094 cfs. This design flow will be evaluated and adjusted as appropriate through instream flow studies are conducted. During the juvenile passage season, all flow (1,094 cfs) would travel down the instream flow channel at about 7 fps. During the adult passage season flow in the instream flow channel would be 994 cfs and travel at a velocity of about 7 fps. The remaining 100 cfs present in the juvenile channel during the juvenile passage season would be routed to the adult transport channel during the adult passage season. The channel would be·Jined or unlined depending on the nature of the rock. through which the tunnel is bored. There would be a center wall in the lower half of the tunnel to support the adult passage channel and the roadway. An access roadway would be contained in the upper left quadrant of the tunnel (looking upstream). It would be about 9 feet wide at floor level and would provide access to the adult exit and juvenile inlet facilities. It would also allow for inspection of the adult fishway channel. This roadway would be suitable for electric carts to transport personnel and equipment. • Adult Entrance and Juvenile Outlet Structure: As noted above, the adult and juvenile peak migration periods do not overlap. The minimum instream flow would pass down the fish passage tunnel during the year when the lake water level is below the lake outlet. At the beginning of the season for fish passage, the facilities would initially be configured for juvenile migration. At the start of the adult migration season the ladder flow intake gate would be opened to provide flow to the ladder and holding pond. When the juvenile migration period is over the facility would remain in the same configuration for adult passage while maintaining the minimum instream flow. The structure would be reconfigured by installing or removing bulkheads, bar racks, and adjusting gates and valves. The adult entrance and juvenile outlet structure would be located between the do\\rnstream end of the tunnel and the wide area in the Chakachatna River just downstream of a bend and islands (Exhibit 1, Sheet 5). At this location on the river the water surface is 1 ,065 feet. Locating the terminus of the tunnel this far down the river is required to provide the slope necessary to deliver the instream flows and fish passage flows at the low design operating lake water surface elevation of 1, Ill feet. The structure would include an outlet for juvenile migrants traveling in the instream flow release. The outlet would spread the flow over a wide area to create a low-velocity entry into the river and wider dispersion of migrants to decrease the chance of predation. The facilities for adults would consist of entrance gates for adult fish and a fish ladder of about 9 feet in height for fish to enter the fish passage channel in the tunnel. An auxiliary water structure would be located adjacent to the fish ladder and adult entrance pool. This structure would take about 300 or 400 cfs from the instream flow channel and add it to the ladder and entrance pool through diffuser gratings in the floors of these structures. Chakachamna Project (P-12660) December 2009 6 Preliminary Permit Application Exhibit I © 2009 TDX POWER SER r1CES, LLC. This would provide greater attraction flows for adults to enter the ladder. The remainder of the instream flow would be diffused through bar gratings at low velocities into the river to prevent adults from being attracted to this flow. • Fish Ladder at Chakachamna Lake Outlet Control Weir: While there will be no dam associated with the project, there will be a concrete flow-control weir placed at the natural lake outlet for the purpose ofhelping to control lake storage and downstream flow releases. In addition, there will be a fish way downstream of the control weir for the purpose of facilitating fish passage into the natural lake. The precise design of the control weir will be determined pursuant to future power and in-stream flow investigations as part of the FERC licensing process. A reconnaissance level design of the control weir suggests a concrete structure 200 foot long and nine-feet-high placed at the lake outlet. Length of the weir will ultimately depend on down stream flow requirements to be determined in the future. The crest elevation of the weir would be at I, I42 ft and this coincides with recent stage readings from USGS stream gage records. Additionally, while the natural lake outlet invert has varied by as much as 10 feet in the past, the outlet weir would have a minimum V -notch elevation that would stabilize the outlet channel invert at approximately elevation 1,133. A stable and predictable lake outlet elevation is important for operation of the fish facilities. The weir would be designed to safely pass flood waters over its crest. No other spillways are anticipated to be required. A pool-and-chute fishway would be incorporated into the weir to provide fish passage when the lake is full and water is flowing out of the lake. The pool-and-chute fishway concept is a conventional design developed by engineers at the Washington Department ofFish and Wildlife to provide full-flow fishways for low-height weirs and diversion structures. The fish way would consist of approximately nine long-crested weirs extending the full width, or a major portion of the width, of the control weir. The fish way weirs would bisect the stream at 90 degrees and are spaced about I 0 to 30 feet apart depending on the design flows. These flows would be determined under further reservoir operations and power studies conducted as part of the FERC licensing process. The weir crests would have a slight "V" shape, i.e., the crest of the weirs would be higher at the sides and lower in the center; this would allow low flows to pass down the center and higher flows over the whole weir. (2) The estimated number, surface area, storage capacity, and normal maximum surface elevation (mean sea level) of any reservoirs, whether existing or proposed, that would be part of the project; Existing Reservoir: Chakachamna Lake is an existing natural lake with a water surface elevation of about 1, I42 feet and a channel invert of l, 128 feet The water surface elevation fluctuates with the normal advance and retreat of the Barrier Glacier at the lake outlet. High water marks indicate a maximum normal surface elevation of 1,155 feet. Total volume of the lake at maximum water surface level is 4,483,000 acre feet. This corresponds to a surface area of approximately 17,500 acres. Chakachamna Project (P-12660) December 2009 7 Preliminary Permit Application Exhibit 1 Proposed Reservoir Development: The proposed development would maintain lake level to a maximum normal surface elevation of 1,142 feet. Drawdown would be limited to a pool an elevation of 1,082 feet for an active storage of 886,500 acre feet and a surface area of approximately 14,200 acres. A low weir with crest at an elevation of 1,142.0 feet will be constructed at the natural lake outlet to the Chakachatna River. The general objective of proposed Project operation would be to generate at a level that is roughly proportional to the electricity loads in the Alaska Railbelt area. The Project would normally be operated to generate at a constant rate each day; to date there has only been consideration for seasonal load following. Daily and hourly load following would be examined at a later date once more economic data and ramping rate information became available. The availability of substantial lake storage would be used to increase generation during the winter months when Chakachamna Lake inflows are low, but when the demand for electricity is relatively high. The powerhouse would not normally operate at capacity unless spill at the Chakachamna Lake outlet was occurring or was expected to occur. A summary of the basic proposed Project physical operating characteristics are shown on Table l. Table 1. Summary of Project operating characteristics. Parameter Value Powerhouse rated capacity (MW) 300 Powerhouse maximum hydraulic capacity (cfs) 5,400 Powerhouse minimum operating capability (cfs) 360 Number of units 3 Turbine type Francis Power tunnel diameter (feet) 21 Maximum normal pool elevation (feet) 1142 Minimum nonnal pool elevation (feet) 1082 Active power pool storage (acre-feet) 886,500 A veragc tail water elevation 210 Maximum normal static head (feet) 932 (3) The estimated number, length, voltage, interconnections, and, where applicable, age and condition, of any primary transmission lines whether existing or proposed, that would be part of the project; Chakachamna Transmission Line System: The power generated by the Project will be transmitted to the grid servicing the Railbelt. The closest connection to the Railbelt grid would be Chugach Electric Association's (CEA) Beluga substation, approximately 42 miles from the proposed new powerhouse. The new transmission lines would consist of230-kilovolt (kV) lines designed to match the existing grid. Chakachamna Project (P-12660) December 2009 8 Preliminary Permit Application Exhibit J © 2009 TDX POWER SER HCES, LLC. Although there currently is no excess outbound capacity from the Beluga substation, it is understood that CEA's existing Beluga generation facilities will be nearing the end of their useful life at the time that Chakachamna facilities would be coming online, and that TDX will be able to reach an agreement with CEA regarding the Chakachamna Project's connection to CEA's facilities If excess capacity does not become available and/or an agreement cannot be reached with CEA, an alternate transmission line route from Chakachamna to the load center would be considered. Detailed transmission line designs, including loss calculations, have not yet been completed. Chakachamna Transmission Line Route: A tentative transmission line alignment has been developed to keep the transmission towers out of the alluvial fan of the Chakachatna and McArthur Rivers, to prevent scour damage to tower foundations (see Exhibit 3). The transmission line is proposed to be laid along the proposed access road from the powerhouse, then across the Chakachatna River, and then overland to CEA's Beluga substation. The proposed transmission route avoids the proposed Chuitna Coal Project, located between the Project powerhouse site and the Beluga switchyard. The transmission line would still intersect the conveyor infrastructure between the mine and the proposed port facility, but this intersection can be accommodated relatively easily. Additional study of potential engineering and environmental issues will be required prior to finalizing the proposed transmission line route. Transmission System within Project Areas: A 25kV power supply is proposed from the powerhouse to the intake to feed the intake area and fish passage tunnel power requirements. Another 25kV cable is proposed from the powerhouse to the residential area for Project operating personnel. Because of the extreme weather conditions in the Project area, both cables would be buried. (4) The total estimated average annual energy production and installed capacity, the hydraulic head for estimating capacity and energy output, and the estimated number, rated capacity, and, where applicable, the age and condition, of any turbines and generators, whether existing or proposed, that would be part of the project works; Project would deliver an average annual generation of about 1,331,500 MWh, from an installed capacity of 300 MW. The total head would be approximately 902 feet, and the powerhouse elevation would be approximately 200 feet. This energy production would be provided by three Francis style turbines rated individually at 122 MW and through three generators with ratings of 135MVA. (5) All lands of the United States that are enclosed within the proposed project boundary described in Exhibit 3, identified and tabulated on a separate sheet by legal subdhisions of a public land survey of the affected area, if available. If the project boundary includes lands of the United States, such lands must be identified on a completed land description form, provided by the Commission. The project location must identify any Federal reservation, Federal tracts, and townships of the public land surveys (or official Chakachamna Project (P-12660) December 2009 9 Preliminary Permit Application Exhibit 1 © 2009 TDX POWER LLC. protractions thereof if unsurveyed). A copy of the form must also be sent to the Bureau of Land Management state office where the project is located; There is an estimated 1,009 acres of federal land administered by the Bureau of Land Management (BLM) within the proposed Project boundary. These BLM lands are identified and tabulated by legal subdivision of a public land survey of the affected area (See attached FERC Form 587,two sheets). (6) Any other information demonstrating in what manner the proposed project would develop, conserve, and utilize in the public interest the water resources of the region. The public interest would be served by TDX's development of this project. It would provide a source of non-polluting renewable energy for a region that is highly dependent on fossil fuels. Moreover, development by TDX would serve the public interest because TDX is ultimately owned and controlled by an Alaska Native village corporation whose mission involves protection of natural resources and economic support for native peoples: TDX Power Service's parent company Tanadgusix Corporation is an Alaska Native village corporation created under the Alaska Native Claims Settlement Act (ANCSA) of 1971. The development of this Project is consistent with Tanadgusix Corporation's mission to provide economic development and environmental stewardship opportunities for its shareholders. These goals have been extended to the Tyonek Native Corporation (TNC) through a teaming agreement that describes how the two Native Corporations will cooperate in the investigation and potential development of this resource. The applicant has demonstrated commitment to developing long-term working relationships with the resource agencies and non-governmental organizations. As demonstrated through the initial list of study questions, the applicant is proactively identifying areas of concern that will warrant in-depth investigation prior to the development of a license application. Chakachamna Project (P-12660) December 2009 10 Preliminary Permit Application Exhibit 1 LAND DESCRIPTION Public Land States (Rectangular Survey System Lands) Form FERC-587 OMB No. 1902-0145 (Expires 07/30/2012) 1. STATE Alaska 2. FERC PROJECT NO. 12660 3. TOWNSHIP 12 N ----------------- 4. Check one: ____ License _x __ Preliminary Permit RANGE 17 W ---------------- MERIDIAN _S_e_w_a_r_d_ Check one: _X_Pending ___ Issued If preliminary permit is issued, give expiration date: _______________ _ 5 EXHIBIT SHEET NUMBERS OR LETTERS . -Section 6 5 4 3 2! 1 Exhibit 3, Sheet 5 Exhibit 3. Sheet 5 I E/2 o! NW/4, W/2 of W/2 of SW/4, NE/4. SE/4 of NE/4, NW 14 of SE/4. E/2 of SE/4 of SW/4 SE/4 7 8 9 10 11 12 Exhibit 3, Sheet 5 Exhibit 3, N/2 of NWI•t SE/4 of NW/4, W/2 ofNE/4, Sheet 5 SE/2 of NE/4, SE/4 SW/4 of SW/4 18 17 16 15 14 13 Exhibit 3, Sheet 5 Exhibit 3, NW/4, SW/4 of Sheet 5 NE/4, NE/4 of SW/4, SE/4 SW/4 ofSW/4 19 20 21 22 23 24 Exhibit 3, Exhibit 3, Sheet 5 Sheet 5 NW/4, SW/4 of NE/4. NE/4 of NE/4 of NE/4 SW/4, SE/4 of SE/4 30 29 28 27 26 Exhibit 3, 25 SheetS E/2 of NW/4 31 32 33 34 35 36 6. contact's name __ N_i_c_k_G_o_o_d_m_a_n ____ _ telephone no. ( (907) 278-2312 ) Date submitted December 11, 2009 This information is necessary for the Federal Energy Regulatory Commission to discharge its responsibilities under Section 24 of the Federal Power Act. 41 LAND DESCRIPTION Public Land States (Rectangular Survey System Lands) Form FERC-587 OMB No. 1902-0145 (Expires 07/30/2012) 1. sTATE Alaska 2. FERC PROJECT NO. 12660 3. TOWNSHIP 13 N ----------------- 4. Check one: ____ License _x __ Preliminary Permit RANGE ---------------- 15 W MERIDIAN Seward Check one: _x __ Pending __ Issued If preliminary permit is issued, give expiration date: ____________________ _ 5 EXHIBIT SHEET NUMBERS OR LETTERS Section 6 5 4 7 8 9 18 17 16 19 20 21 Exhibit 3, Sheet 5 Exhibit 3, Exhibit 3, Sheet 5 S/2 of NW/4, SW/4 of S/2 of SW/4, NE/4, NW/4 of SW/4. SheetS S/2 of SW/4, S/2 of SW/4 ofSW/4 SE/4 of SE/4 SE/4 1-· 30 29 28 Exhibit 3, Exhibit 3, Sheet 5 Exhibit 3, Sheet 5 SheetS NW/4, E/2 of NE/4, NW/4, W/2 of SW/4 of NE/4, E/2 SW/4, NW/4 of N/2 of NE/4 of SW/4, SE/4 NE/4 31 32 33 6. contact's name Nick Goodman telephone no. ( (907) 278-2312 } Date submitted December 11, 2009 3 10 15 22 27 34 2 1 11 12 14 13 23 24 26 25 35 36 This information is necessary for the Federal Energy Regulatory Commission to discharge its responsibilities under Section 24 of the Federal Power Act. 41 m< power Facility' Overview Chakachamna Hydroelectric Facilities ~"}~ © 2009 TDX POWER SERVICES, LLC. IIG1ES :- m 10I'OCIUPHY IS ,_ USGS OIIAIIRANCll "AI'S CIOiti'CIUII IN II"""'-tS 100 fUf 'ot:l111CAt. IMl\1" IS 10["" sEA I.£'.'U. -ZCII!t"'-fRO IS UHI'!t:RSAL "lliiiNS'<EIIS£ U!:RCUlliii'R().KtllOh, 102? !<0!1'11 AII[RICAN D~J\.\j. ll' t.JIA O~CUlAR TUNkU POWER TUNNEL PLAN & PRORLE NIS Exhibit 1, Sheet 1' • Power Tunnel Plan and Prof/Is S>JRQ; SKAn ~ ~ ~ PO'O\'.IOHOUSE <I> MWH T~ Project Features Chakachamna Hydroelectric Facilities ¢::@=- SdF-'Gf ':)HAr" t j Ill '3'1ACl PO\IIf.;:<" r:,_H .. -~~ l ~~ ·-r;"l't . .-\ © 2009 TDX POWER SERVICES, LLC. ~j-~\ Tl· ;! ' L. -·- PLAN NTS '0.~r'00AR'r £i~~~~~ur~~6 ~ct~~~f~,---/ SECTIONAL ELEVATION ~"' _L__...i._+: ________ . Exhibit 1, Sheet 2 Powerhouse Plan and Sections SECTION CD ~.;,~t,; ~~. ~ i . PI u~.-~ M.~rr fL2!0.Dl ! ~. ~· \ . ~t ... :?1~ SECTION® $' [~' __ :~ ~ I . ~: ~ SECTION® «J)} MWH TfX © 2009 TDX POWER SERVICES, LLC. Project Features Chakachamna Hydroelectric Facilities eliTE t.IAtHltNA.NOC 94,a,n •;_/ AXiJoltl\.1 NORLU.l POOL (\., .. '1142..0 APPROX PRtsfNT 01~NU. INVI:RT AT l.AJ<t OOTt..£T a n2.a,o .~"·"' ~ i' ~ ... Ki ... " ''h -~ . , J 1 4' I a!!!!:! o 1 "'-"'f" H"' I --~ tl La. l I 25"• • D INTAKE AND GATE SHAFT SECllON N1S *HEtl..£0 El.IERGENC'f CA Tr Exhibit 1, Sheet 3 Intake and Gate Shaft Section «<J) MWH T~ © 2009 TDX POWER SERVICES, LLC. Electrical Overview Chakachamna Hydroelectric Facilities r r EXCIT"-ll(Jol (""} ri :~ I?~ =n-1 I I I I 'I_L -I I I -· q 4 1~ 130 I(V f 1l.& kV/l!iKY ¢ I ) -<I!} C ... P LOADS l£..,., OI!CIJITBM:>II<£R DISCONNECT ~TCH "'~ Exhibit 1, Sheet 4 Single-Line Electrical Diagram of Proposed Facilities ({IJ) MWH me power 150Q . 1401! 1301) LJm. 1~00 © 2009 TDX POWER SERVICES, LLC. Fish Facilities Chakachamna Hydroelectric Facilities j ' 41-~ SEC'I10II FISH P,t,SSI« Q '1il lA-4 1\JNNEL (21' 1llil) ·•· • SITE PLAN ~1"-tDOil' Exhibit 1, Sheet 5 Plan and Profile ~ IIWfJI ADULT DIJRiriHC( AHD JINDL£ OUI\£1' ~~ 1-«!0 . . . . . aoo ,~·~ ,, ......... ·''""'"".. .... . .. •• ............ ""'" .... ...... . ........ ,,, . +·· ·• .... ..... ,... HUO • -~ 'lE.JIIIl .... ~(H-00 •o+M WHJO P.O+DD 1ll0<·00 1'0·•00 . 14otlf0 PRO~!LE _,_,_ ~~·-21111' 8MWH © 2009 TDX POWER SERVICES, LLC. Jf)( Fish Facilities Chakachamna Hydroelectric Facilities Af'P1:WX r~(l0<~, fAG AT rUI\N'" >}l..,.Hi'f\10':.0 FU\N ~tAtt 1",!,3():' ·~ .. 1200 Exhibit 1, Sheet 6 Adult Exit and Juvenile Inlet Structum p:p liJkNH ~taS. ~f' " "~lr------------------------------------------------------------------------------------------------------------------------r-, • '1Ml I~HA"'\£ l'~{_) ~~ .. <IIJ)MWH 10( ~AX oP'ERA1'l~ fiAtt~ SLJ;qf:.-,C( Fish Facilities Chakachamna Hydroelectric Facilities EL 114~ ---.,~,.-i:==::_-::,-~:_------l LA,J(F CHAkACtt.-,Uh'A © 2009 TDX POWER SERVICES, LLC. / /'' ..... ~ / [)t:STl!'jC /r/ Q1QtJNI1~'>/ .~/ / ,.--/ -f'ISI-I t!X'< Exhibit 1, Sheet 7 Adult Fish Passage Exit SBction ~· V-!RAP ~~~-k.~: t<ll ~--r1SH . /1 r··· <;,;.. lAOC>E• ~. 1 1 ':J.""'. / -· it§-/ ----Tr----T ____ lr···---·uf~---rc-·-·-rr---n---"-*· An<..rtt r_'"" Loc.: __ J/' ; =-! \ ! I ~"'~ "'' ~... -. . . . I I ~j,~~ _ 0 "~ fC... -c ... JLJ _ 1__ _ __ --...._, 'S. SECTI0~1 SC_ALl: ,~.zo'-0"' \ \....... LAOOE~ WATtR 5f1H. 'NG CH..WSE:~ <JD)MWH m< Fish Facilities . Chakachamna Hydroelectric Facilities © 2009 TDX POWER SERVICES, LLC. \ __ _Sl___ "'~ TYPICAL TUNNEL CROSS SECTION SCAlf: l~$4'-ow ..,..--21' DlA ruNN£l Figure E1-8 Adult Fish Passage Tunnel Section CO» MWH T r a n s m '1 s s '1 o n R e s u I t R e P o r t (Memo r Y T X) ( Dec . 1 7 . 2 0 0 9 D at e IT i m e : De c . 1 7 . 2 0 0 9 9:46AM F i I e No. Mode Destination p g ( s) 9:49AM) 1) A I DEA/AEA 2) Result p, Page Not Sent --------------------------------------------------------~------------------------------------------- 3210 MemorY TX 919072873032 p, 9 OK -------------------------------------------------------------------------------------------------. Reason for error E. 1) Hans uP or I ine fai I E-2l BusY E . 4) No fa c s i m i I e con n e c t i on E.3) No answer 113 WEST J,DR.TliERH LJGHTS BLVD NiC~E Al..A&KA SISII503 fiJ7 /771..JOOO lli7/771-30M TCJ..L FREE (ALASKACN...Y) 888/lfXl...MlC November 25, 2009 Subject: Power Plant Operator Training A TIN: Electric Ublity ()panders The Alaska Energy Audlority has two Power Plant Operator Training classes beginning after the first of the year. The classes are eight weeks long and the fiiSI one is January 11, 2010 lhrougll Uarch 5, 2010 and the nlilrt one begins Man:h 17, 2010 through May 11, 2010. In onler to be considered for these claoses, vou must be currently employed as a t:)(l\Wr !)lanl ooerator in your community. Tile training is h&Jd in Sewm<l a1 the Alasl<a Vocational Technical and Educational Center (AVTEC). The trar.ing program pays for yo.x travel. lodging. meals and tunion. This year, the training program did oot receive funding for supploes such as work boots, co .... ralls and safely glasses that are required to participale in training. Please fax the co"""""ed forms to (907)771-3044 The dasses are filed on a fA"llt come. first served basis so it is in your best interest to submit your applicaticn as soon as possible. In addition to laxing the appicalion, please mail lhe onginals to: Alaska Energy Authority, 813 West Northern Lights Blvd., Anchorage, AK 99518. 11 you have questions regarding the application, please contact me for assistance. Your application must be c:omp!ele!y and conect1v filled out in order to be considered lor training .. I you have any questions, please call me at (907)771-3026 or HlBihl00-8534 ext. 3026. Sincerely, Momcafooloom AEA Training Program 201d0225 3040 FERC PDF (Unofficial) 02/25/2010 UNITED STATES OF AMERICA 130 FERC ~ 62,165 FEDERAL ENERGY REGULA TORY COMMISSION TDX Power Services, LLC Project No. 12660-002 ORDER ISSUING PRELIMINARY PERMIT AND GRANTING PRIORITY TO FILE LICENSE APPLICATION Issued: February 25, 2010 1. On November 3, 2009, TDX Power Services, LLC (TDX) filed an application for a preliminary permit, pursuant to section 4(t) of the Federal Power Act, 1 proposing to study the feasibility of the Chakachamna Hydroelectric Project (Chakachamna Project or project), located on Chakachamna Lake, a natural lake, and the Chakachatna and MacArthur rivers about 40 miles west of the Native Village of Tyonek and 82 miles west of Anchorage in the Kenai Peninsula Borough, Alaska. Background 2. The proposed project would utilize the existing Chakachamna Lake and consist of the following: (1) a proposed 200-foot-long, 9-foot-high concrete flow-control weir at the natural lake outlet for the purpose ofhelping to control lake storage and downstream flow releases; (2) a proposed 26-foot-diameter submerged intake structure on Chakachamna Lake with a vertical shaft for gate control, located about 0.5 mile west- southwest ofthe natural lake outlet; (3) a proposed 10.8-mile-long, 21-foot-diameter hard-rock tunnel extending southeast from the intake to the powerhouse; ( 4) a proposed underground cavern-type powerhouse about 60 feet wide by 200 feet long housing three vertical axis Francis units with a total installed capacity of 300 megawatts; (5) a proposed 1 ,000-foot-long tailrace tunnel connecting the powerhouse to the MacArthur River; (6) a proposed 21-foot-diameter, 13,800-foot-long tunnel housing separate juvenile and adult fish passage channels and an access road the tunnel would extend generally east from Chakachamna Lake to the Chakachatna River at a location about 1.5 miles downstream of the flow-control weir; (7) a proposed pool-and-chute fishway at the flow-control weir to facilitate upstream fish passage into Chakachamna Lake; (8) two proposed, 42-mile- long, 230-kilovolt (kV) transmission lines extending from the powerhouse to the Beluga substation; (9) an existing approximately 10-mile-long access road extending west from Cook Inlet to a point near Shirleyville; ( 1 0) an existing 20-mile-long access road 1 16 U.S.C. § 797(t) (2006). 20100225-3040 FERC PDF (Unofficial) 02/25/2010 Project No. 12660-002 2 extending west-northwest from near Shirleyville to the "Straight Creek Crossing;" (11) a proposed 20-mi1e-long access road extending from the Straight Creek Crossing to the intake; (12) a proposed 15-mile-long access road extending from the 20-mile-long access road to the powerhouse; (13) a proposed buried, 25-kV power cable extending 22 miles from the powerhouse to the intake and a proposed buried, 25-kV power cable extending from the powerhouse to adjacent camp facilities for workers; and ( 14) appurtenant facilities. The project would have an estimated average annual generation of 1,330 gigawatt-hours. 3. The Commission issued public notice accepting the application for filing and soliciting comments, motions to intervene, and competing applications on December 17, 2009. Timely motions to intervene were filed by the U.S. Department of the Interior; Alaska Department ofNatural Resources, Division of Mining, Land & Water, Water Resources Section; and the National Marine Fisheries Service.2 Discussion and Successive Permits 4. The applicant has previously held a preliminary permit for this site under Project No. 12660-000. The Commission will grant successive permits if it concludes that the applicant has diligently pursued the requirements of its prior permits in good faith. TDX has provided information to Commission staff showing that it is currently making progress with the analysis of the project's feasibility, and towards the development of this project. It is expected that during this permit term, agency consultation will be conducted and a license application will be prepared pursuant to sections 4.3 8 and 4.41 of the Commission's regulations. 5. The Commission usually does not prescribe in great detail what a permittee must accomplish under a permit. However, a successive permit can warrant a greater standard of Commission oversight. Therefore, we will monitor the progress of the permittee's activities. If the permittee fails to make significant progress toward developing a license application, the permit may be subject to cancellation. 6. Section 4(f) of the FP A authorizes the Commission to issue preliminary permits for the purpose of enabling prospective applicants for a hydropower license to secure the data and perform the acts required by section 9 of the FP A, 3 which in tum sets forth the material that must accompany an application for license. The purpose of a preliminary permit is to preserve the right of the permit holder to have the first priority in applying for 2 Timely, unopposed motions to intervene are granted by operation of Rule 214 of the Commission's regulations. 18 C.F.R. § 385.214 (2009). 3 16 U.S.C. § 802 (2006). 20100225-3040 FERC PDF (Unofficial) /2010 Project No. 12660-002 3 a license for the project that is being studied.4 Because a permit is issued only to allow the permit holder to investigate the feasibility of a project while the permittee conducts investigations and secures necessary data to determine the feasibility of the proposed project and to prepare a license application, it grants no land-disturbing or other property . h 5 ng ts. 7. During the course of the permit, the Commission expects that the permittee will carry out prefiling consultation and study development leading to the possible development of a license application. The pre:filing process begins with preparation of a Notice of Intent (NO I) and Pre-Application Document (PAD) pursuant to sections 5.5 and 5.6 of the Commission's regulations.6 The permittee must use the Integrated Licensing Process unless the Commission grants a request to use an alternative process (Alternative or Traditional Licensing Process). Such a request must accompany the NOI and PAD and set forth specific information justifying the request.7 Should the permittee file a development application, notice of the application will be published, and interested persons and agencies will have an opportunity to intervene and to present their views concerning the project and the effects of its construction and operation. 8. A preliminary permit is not transferable. The named permittee is the only party entitled to the priority of the application for license afforded by this preliminary permit. In order to invoke permit-based priority in any subsequent licensing competition, the named permittee must file an application for license as the sole applicant, thereby evidencing its intent to be the sole licensee and to hold all proprietary rights necessary to construct, operate, and maintain the proposed project. Should any other entities intend to hold during the term of any license issued any of these proprietary rights necessary for 4 See, e.g., Mt. Hope Waterpower Project LLP, 116 FERC ~ 61,232 at P 4 (2006) ("The purpose of a preliminary permit is to encourage hydroelectric development by affording its holder priority of application (i.e., guaranteed first-to-file status) with respect to the filing of development applications for the affected site."). 5 Issuance of this preliminary permit is thus not a major federal action significantly affecting the quality of the human environment. A permit holder can only enter lands it does not own with the permission of the landholder, and is required to obtain whatever environmental permits federal, state, and local authorities may require before conducting any studies. See, e.g., Three Mile Falls Hydro, LLC, 102 FERC ,-; 61,301 at P 6 (2003); see also Town of Summersville, W Va. v. FERC, 780 F.2d 1034 (D.C. Cir. 1986) (discussing the nature of preliminary permits). 6 18 C.F.R. §§ 5.5 and 5.6 (2009). 7 See 18 C.F.R. § 5.3 (2009). 20100225-3040 FERC PDF (Unofficial) 02/25/2010 Project No. 12660-002 4 project purposes, they must be included as joint applicants in any application for license filed. In such an instance, where parties other than the permittee are added as joint applicants for license, the joint application will not be eligible for any permit-based . . 8 pnonty. The Director orders: (A) A preliminary permit is issued for this project to TDX Power Services, LLC for a period effective the first day of the month in which this permit is issued, and ending either 36 months from the effective date, or on the date that a development application submitted by the permittee has been accepted for filing, whichever occurs first. (B) This preliminary permit is subject to the terms and conditions of Part I of the Federal Power Act and related regulations. The permit is also subject to Articles 1 through 4, set forth in the attached standard form P-1. (C) This order is issued under authority delegated to the Director and constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days from the date of issuance ofthis order, pursuant to 18 C.F.R. § 385.713. Jennifer Hill, Branch Chief Hydro West Branch 1 Division of Hydropower Licensing 8 See City of Fayetteville, 16 FERC ,-r 61,209 (1981). 20lb0225-3040 FERC PDF (Unofficial) 02/25/2010 Project No. 12660-002 5 Form P-1 (Revised December 2009) FEDERAL ENERGY REGULATORY COMMISSION TERMS AND CONDITIONS OF PRELIMINARY PERMIT Article 1. The purpose of the permit is to maintain priority of application for a license during the term of the permit while the permittee conducts investigations and secures data necessary to determine the feasibility of the proposed project and, if the project is found to be feasible, prepares an acceptable application for license. In the course of whatever field studies the permittee undertakes, the permittee shall at all times exercise appropriate measures to prevent irreparable damage to the environment of the proposed project. This permit does not authorize the permittee to conduct any ground- disturbing activities or grant a right of entry onto any lands. The permittee must obtain any necessary authorizations and comply with any applicable laws and regulations to conduct any field studies. Article 2. The permit is not transferable and may, after notice and opportunity for hearing, be canceled by order of the Commission upon failure of the permittee to prosecute diligently the activities for which a permit is issued, or for any other good cause shown. Article 3. The priority granted under the permit shall be lost if the permit is canceled pursuant to Article 2 of this permit, or if the permittee fails, on or before the expiration date of the permit, to file with the Commission an application for license for the proposed project in conformity with the Commission's rules and regulations then in effect. Article 4. At the close of each six-month period from the effective date of this permit, the permittee shall file a progress report electronically via the Internet; and shall serve a copy on the intervenors in this proceeding. To paper-file instead, mail four copies of the progress report to the Secretary, Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426. The report shall describe, for that report period, the nature and timing of what the permittee has done under the pre-filing requirements of 18 C.F.R. sections 4.38 and 5.1-5.31 and other applicable regulations; and, where studies require access to and use of land not owned by the permittee, the status of the permittee's efforts to obtain permission to access and use the land. 201b0225-3040 FERC PDF {Unofficial) 02/25/2010 Document Content(s) P 12660-002PRELIMINARYPERMITORDER.DOC ................................. 1 5 TO< s~ptember 21,2009 Ms. Kimberly Bose, Secretary Federal Energy Regulatory Commission 888 First Street NE Washington, DC 20426 FILED ELECTRONICALLY Subject: Status of the Chakachamna Hydroelectric Project (FERC ~o. 12660) and request to rescind the July 17 Pre-Application Document Dear Ms. Bose, On July 17, 2009 TDX Power, Inc. (TDX) filed its Notice oflntent (NOI), request to use a Traditional Licensing Process (TLP) and Pre-Application Document (PAD) for the Chakachamna Hydroelectric Project (FERC No. 12660). By letter dated July 27, 2009 Commission staff requested TDX resubmit its NOI and the Process Plan and Schedule; Commission staff had stated that the PAD would not have to be re-filed. At this time, TDX requests to withdraw the July 17 PAD. The PAD and NOI will be updated and resubmitted in 2010. TDX makes this request in response to significant and ongoing efforts to reach consensus with stakeholders on the preferred licensing process for this project. This effort includes numerous meetings and conference calls in 2008 and 2009; most recently we met via conference call on August 18 to discuss feedback received from Commission staff. Results from this dialogue as well as stakeholders' own conversations with Commission staff have resulted in a sense that this Project may be best served by an Integrated Licensing Process (ILP). TDX appreciates the effort stakeholders have put into working through a selection of process and this communication will benefit all parties when the licensing effort is re-launched; however, the tim..: invested in these communications means that there is insufficient time to initiate a quality formal study planning process for the 201 0 field season. With agreement on process near, TDX plans to implement a field season in 2010 prior to the initiation of the formal licensing process in order to begin key baseline studies that were identified in the PAD as "Phase 1" studies. Agencies will be invited to participate in study plan review and a workshop to refine these studies will be held in, approximately, February of2010. With a late spring PAD and NOI submittal anticipated for 2010, formal study plan development will commence in the fall of 2010, with the benefit of new information developed in next year's studies. 4300 B Street Anchorage, Alaska 99503 907-762-8450 Fax 907-278-2332 Kimberly Bose, Secretary September 21 2009 Page 2 of8 TDX believes that this request to withdraw the July 17 PAD and the plan to refile the PAD and NOI in 2010 will result in a more clearly defined formal licensing process and will reduce the need for requests to modify available licensing processes. The new schedule does not impact the long-term project schedule, as the previously intended two-phased formal study plan can still be accommodated with the planned 20 I 0 field season. If you have any questions regarding this request, please contact Eric Y ould at (907) 242-0487. Sincerely, Nicholas Goodman TDX Power, Inc. Cc: Distribution list (see attached) 4300 B Street Anchorage, Alaska 99503 907-762-8450 Fax 907-278-2332 Kimberly Bose, Secretary September 21 2009 Page 3 of8 Distribution List t Nolan Adams noldogl7@yahoo.com Joe Balash SOA Office of the Governor P.O. Box 110001 Juneau. AK 99811-0001 joe.balash@alaska.gov Isaac Bertschi isaactodd@gmail.com Cynthia Bohn * US Department oflnterior Fish and Wildlife Service, Ecological Services 1875 Century Blvd. NE, Ste. 200 Atlanta, GA 30345-3319 Philip Brna Fish and Wildlife Biologist US Fish and Wildlife Service 605 West 4th Ave., Rm. G-61 Anchorage, AK 99501 phil_ brna@fws. gov Debra Call Knik Tribe Knik Tribal Council P.O. Box 871565 Wasilla, AK 99687 dcall@alaskanative.net Dan Chay chay@alaska.com J. Charles Ahlrichs * MWH Americas Inc 23 53 !30th Ave. ~E Ste. 200 Bellvue, \:VA 98005-17 59 Robin Beebee Hydrologist HDR,Inc. rouin.bcebee@hdrinc.com Patricia Bettis Water Resources Manager Dept. ~atural Resources Mining, Land and Water 550 W. 7th Ave., Suite 1020 Anchorage, AK 99507 patricia.bettis@alaska.gov John Blankenship County Clerk County of Kenai Peninsula 144 N Binkley St Soldotna. AK 99669-7520 jblankenship@borough.kenai.ak.us Debby Burwin ADFG debby.burwen@alaska.gov Thomas Cappiello Alaska Dept. Fish and Game Spurt Fish 333 Raspberry Rd Anchorage, AK 99518 thomas.cappiello@alaska.gov Dorothy Cook Eklutna Native Village 26339 Eklutna Village Rd. Chugiak, AK 99567 Chuck Akers Tyonek Corporation, AK Division 1689 C Street Suite #219 Anchorage,. Alaska 99501.5131 cakers@tyonek. com Cindy Benton * CIRI CIRI Lands P.O. Box 9330 Anchorage, AK 99509-3330 Judith Bittner. SHPO Office of History & Archaeology, 550 W 7th Avenue. Suite 1310. Anchorage, AK 99501 James Brady Sr. Fisheries Biologist HDR, Inc. 2525 C Street .~nchorage,AK 99503 james.brady@hdrinc.com Charlie Bussell C.E.O. Alaska Bussell Electric Company 1800 West 47th. A venue Anchorage, Alaska 99517 bussellel001 @hawaii.rr.com Brian Carey P.E. AEA,AIDEA 813 W. Northern Lights Anchorage, AK 99503 bcarey@;aidea.org Jeffrey Corton Cortonj@hotmai !.com ' Service for this list was via email and US mail. Where noted with an*, an email address was unavailable and recipients received notification via US mail Kimberly Bose, Secretary September 21 2009 Page 4 of8 Jennifer Curtis NEP A Reviewer US Environmental Protection Agency 222 West 7th Ave., #19 Anchorage, AK 99513 curtis.jennifer@epa.gov Joan Darnell * US National Park Service Alaska Regional Office 240 W 5th Avenue Rm 114 Anchorage, AK 99501 John Dunker john.dunker@alaska.gov Mark Fouts Manager, Corporate Planning & Analysis Chugach Electric Association mark _fouts@chugachelectric.com Steve Gilbert Manager Enxco 6921 Howard Anchorage, AK 99504 steveg@enxco.com Scott Houk i'htural Resource Specialist II DNR 550 W. 7th Ave. Anchorage, AK 99501 scott.houk@alaska.gov James Keen Regulatory Commission of AK 701 W. 8th Ave., Ste 300 Anchorage, AK 99501 james.keen@alaska.gov Bob Dach Hydropower Program Manager US Department of Interior Bureau of indian Affairs 911 NE lith Ave. Porltand, OR 97232 rober1.dach(u bi3.P.P\ Bob Day Manager of Power Production HEA 3977 Lake Street Homer, Ak 99603 bday@homerelectric.com Timothy Evans 38275 Robinson Loop Rd. Sterling, AK. 99672 timothy .evans@acsalaska.net Laura Frazer laurasusanfrazer@aol.com Kirby Gilbert kirby.gilbert@mwhglobal.com SaraEllen Hutchison Sustainable Communities Program Manager AK Center for the Environment 807 G Street, Ste I 00 anchorage, AK 99501 saraellen@akcenter.org Allen Kemplen Area Planner DOT &PF 4111 Aviation Avenue Anchorage, AK 99519 allen.kemplen@alaska.gov Michael Daigneault Regional Supervisor AKDept ofFish and Game Habitat 333 Raspberry Road Anchorage. AK 99518 michael.daigneault@alaska.gov Kevin Dunham Supervisor, System Operations Chugach Electric Association 361 W. !21st Anchorage, AK 99515 kevin_ dunham@chugachelectric.com Jim Ferguson Statewide Hydropower Coordinator Alaska Department ofFish and Game Sport Fish 333 Raspberry Road Anchorage. AK 99518-1565 jim.ferguson@alaska.gov Carl Gamble cgamble@iuoe302.org Grier Hopkins Legislative Aide Alaska State Senate 1292 Sadler Way #314 Fairbanks, AK 99701 grier.hopkins@legis.state.ak.us Sam Ivey Alaska Department ofFish and Game samuel.ivey@alaska.gov Thomas Kerns PO Box 4042 Homer, AK 99603 tkern s@tundratech .net Kimberly Bose, Secretary September 21 2009 Page 5 of8 Kimberly Klein Habitat Biologist Alaska Department ofFish and Game 333 Raspberry Rd. Anchorage, AK 99518-1565 kim.klein@alaska.gov Ray Kreig Chairman Chugach Consumers 201 Barrow Street #1 Anchorage, AK 99501-2429 execdir@chugachconsumers.org Tim Leach President MEA Ratepayers Alliance P.O. Box 3666 Palmer, AK 99645 timkayaks@hotmail.com Sasha Lindgren Kenaitze Indian Tribe slindgren@kenaitze.org John McClellan P.E. Tyonek Native Corporation 1689 C Street, Suite 219 Anchorage, jmcclellan@tyonek.com Curtis McQueen Eklutna, Inc. Eklutna Native Corporation 16515 Centerfield Drive Eagle River, AK 99577 David Meyer Branch Chief for Hydrologic Data and Monitoring USGS, Alaska Science Center 4210 University Drive Anchorage, Alaska dfmeyer@usgs.gov Jan Konigsberg Natural Heritage Institutell-lydropower Reform Coalition 7511 Labrador Circle Ste 100 Anchorage, AK 99502 j_illl({I~hY:~ciLQL_efor rn ~ ,.2_rg Mark Lamoreaux Eklutna Native Village Land & Environment Program 26339 Eklutna Village Rd. Chugiak, AK 99567 nve({[ eklulna-n~n.gg_~:_ Adele Lee Natural Resource Specialist II ADNR 550 W. 7th Avenue Anchorage, AK adclc.leC:it ala~ka.to\ Kenneth Lord USDOI Office of the Regional Solicitor 4230 University Drive Suite 300 Anchorage, AK 99508-4650 Ken.Lord@sol.doi.gov Betsy McCracken Fishery Biologist US Fish and Wildlife Service Conservation Planning Assistance 605 W. 4th Avenue Anchorage, Alaska 99501 Betsy_ McCracken@fws.gov Tom Melius* Regional Director US Department of Agriculture Forest Service 1 011 East Tudor Road Anchorage, AK 99503 Kate Miller Trout Unlimited kmillerl2t·1 u. or~ Brad Zubeck Project Manager Homer Electric/Kenai 280 Airport Way Kenai, AK 99611 Bzubeck@HomerEiectric.com Chris Lausten McGraw-Hill Construction Dodge chris_lau~ten@mcgraw-hill.com Anne Leggett Senior Ecologist HDR, Inc. 2525 C Street Anchorage, AK 99 Anne.legget@hdrinc.com Frances Mann Branch Chief Construction Planning Assistance USFWS 605 West 4th Ave., Room G61 Anchorage, AK 99501 frances_ mann@fws.gov Paul McLamon Fish Biologist HDR, Inc. 2525 C Street Anchorage, AK pmclarno@hdrinc.com Thomas Meyer NOAA/National Marine Fisheries Service PO Box 99802 Juneau, AK 99802 tom.gcak.meyer@Jnoaa.gov Jason Mouw ADF&G 333 Raspberry Rd. Anchorage, AK 99518-1565 jason.mouw@alaska.gov Kimberly Bose, Secretary September 21 2009 Page 6 of8 Anna-Maria Mueller Aquacoustics, Inc. am@aquacoustics.com Melinda O'Donnell Project Review Supervisor Department ofNatural Resources Division of Coastal & Ocean Management 550 w 7th Ave Suite 705 Anchorage, AK 99501 Melinda.ODonnell@alaska.gov Steve Padula Principal and Senior Consultant Long View Associates 2705 NE 163rd St. Ridgefield, Wa 98642 spadula@longviewassociates.com Paul Park Project Engineer GVEA 758 Illinois Street Fairbanks, AK 99707 pmpark@gvea.com Leroy Phillips USACE P.O.Box 6898 Elmendorf AFB, AK 99506-6898 gilbert.l.phillips@poa02.usace.arrny.mil Ann Rappaport US Department of Agricultural Forest Service 605 West 4th Ave., Ste. G61 Anchorage, AK 99501-2250 ·• Douglas Mutter Regional Environmental Assistant OPEC -Anchorage 1689 C Street, Rm 119 Anchorage, AK 9950 I douglas_ mutter@ios.doi.gov Mike O'Meara CIK Buard Treasurer Cook Inlet Keeper P.O. Box 3269 Homer, AK 99603 mikeo@cosmichamlet.net Sean Purnell* Governor State of Alaska Office of the Governor P.O. Box 110001 Juneau,AK 99811-0001 Doug Parkinson Principal Douglas Parkinson and Associates 890 L Street Arcata. CA 95521 dpa(a;humbuldt l .Ccltn JeffPi~tz Engineer PCL Construction Civil 15405 SE 37th St Suite 200 Bellevue, wa 98006 jJJ'.i~r.cf.0.rrg_Lco m Dudley Reiser R2 Resource Consultants 15250 N .E. 95th Street Redmond, Washington 98052 drciser:nr2uc;a.com Phil North Ecologist USEPA Kenai River Center, 514 Funny River Road Soldotna, AK 99669 north.phil@epa.gov Doug Ott Hydroelectric Program Manager AIDEA 813 W. Northern Lights Anchorage, AK 99503 dott@aidea.org Sean Palmer Division ofWater Alaska Department of Environmental Co~servation 555 Cordova Street Anchorage, AK 99501-2617 sean.palmer@alaska.gov Lawrence Peltz Habitat Biologist NOAA/National Marine Fisheries Service 222 West 7th Ave., #43 Anchorage, AK 99513 lawrence.peltz@noaa.gov Gary Prokosh Chief, Water Resources Section Alaska Division of Mining, Land & Water Alaska Department of Natural Resources 550 West 7th Avenue, Suite 1020 Anchorage, Alaska 99501-3562 gary .prokosch@alaska.gov Donna Robertson Senior Wildlife Ecologist HDR, Inc. 2525 C Street, Ste 305 Anchorage, AK 99503 Donna.robertson@hdrinc.com Kimberly Bose, Secretary September 21 2009 Page 7 of 8 Dave Rutz Area Management Biologist for N&WCI Alaska Department ofFish and Game 1800 Glenn Hwy, Suite 4 Palmer, AK david.rutz@alaska.gov Gene Sandone Senior Fisheries Scientist R2 Resource Consultants. Inc. 2100 Cordova St Suite 211 Anchorage, AK 99503 gtquada@gci .net Bob Shavelson ~ook Inlet Keeper P.O. Box 3269 Homer, AK 99603 keeper@inletkeeper.org Robert Stephan, Jr. Native Village of Tyonek Native Village of Tyonek P.O. Box 82009 Tyonek,AK 99682 robert_ s@tyonek.net Johanna Thompson Marketing Coordinator LACHEL FELICE & Assoc. 11411 NE 124th Street Suite 275 Bellevue, W A 98034 jthompson@lachel.com Jim Walker Senior Counsel Matanuska Electric Association p.O. Box 2927 Palmer, AK 99645 jlwalker@matanuska.com Kimberly Sager Natural Resources Specialist II Department of Natural Resources Division of Mining, Land and Water 550 West 7th Ave Suite 1020 Anchorage, AK 9950 I kimberly .sagar@alaska.com Angela Sandstol Tribal Council President Native Village of Tyonek Native Village of Tyonek P.O. Box 82009 Tyonek, AK 99682 Tyonek@aitc.org Toby Smith Executive Director AK Center for the Environment 807 G Street, Ste 100 Anchorage, AK toby@akcenter.org Raymond Theodore Knikatnu, Inc. Knik Tribe Native Corporation P.O. Box 872130 Wasilla. AK 99687 Jim Thrall Licensing Consultant TDX Power, Inc. 13643 Karen Circle Anchorage, AK 99515 jthrall@yahoo.com Sue Walker Hydropower Coordinator NOAA-Fisheries (NMFS) Habitat Conservation, Alaska Region P.O. Box 21668 Juneau. AK 99801 susan. walker@noaa.gov Sue Sander Business Developmetn Director URS Washington 10900 NE 8th Street, Suite 500 Bellevue, W A 98004 sue.sander@wgint.com Kevin Schneider Business Development Barnard Construction Company Inc Dam and Hydro P.O. Box 99 701 Gold Ave Bozeman, MT 59771-0099 kevin.schneider@bamard-inc.com Page Spencer Chief ofNatt.:ra1 Resources US National Park Service Lake Clark National Park & Preserve 240 West 5th Avenue, Suite 236 Anchorage, Alaska 99501 Page_ Spencer@nps.gov Cassie Thomas Regional Hydro Coordinator US National Park Service 240 West 5th Ave., Rm. 114 Anchorage, AK 99501 cassie _ thomas@nps.gov Dennis Tiepelman Tribal Administrator Native Village of Tyonek Native Village of Tyonek P.O. Box 82009 Tyonek,AJ< 99682 dennis_t@tyonek.net Michael Walton Natural Resource Specialist AlaskaDNR Division of Mining. Land and Water; Water Resources Section 550 W. 7th Ave., Ste 1020 Anchorage, AK 99501 michael. walton@alaska.gov Kimberly Bose, Secretary September 21 2009 Page 8 of8 Edward Weiss Lands & Refuge Manager Alaska Department ofFish & Game Wildlife Conservation 333 Raspberry Road Anchorage, AK 99518- ed. weiss@.alaska.gov Heather Williams heather.r. wi lliams@mwhglobal.com Ann Wilde Secretary/Commission Section Manager Alaska Regulatory Commission 701 West 8th Ave., Ste. 300 Anchorage, AK 99501-3469 ann.wilde@alaska.gov Rich Wilson AKDNR 7903 Arlene Street Anchorage, AK 99502 rich.wilson@alaska.gov Gary Williams Coastal District Coordinator Kenai Peninsula Borough 514 Funny River Rd. Soldotna, AK 99669 gwi 11 iams@borough. kenai .ak. us Brian Yanity byanity@whpacific.com