HomeMy WebLinkAboutNuyakuk Project (P-14873) Abeyance Request
Nushagak Cooperative, Inc. FERC Schedule A Response
Nuyakuk River Hydroelectric Project (P-14873) 1 June 2020
Solutions for the Future
Nushagak Electric & Telephone Cooperative, Inc.
557 Kenny Wren Road P.O. Box 350 Dillingham, AK 99576
Ph: 907-842-5251 Fx: 907-842-2799 www.nushtel.com
June 7, 2020
Secretary Kimberly D. Bose
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426
- FILED ELECTRONICALLY -
Request for Abeyance of the Nuyakuk River Hydroelectric Project Licensing Process
(P-14873)
Dear Secretary Bose:
On June 11, 2018 the Federal Energy Regulatory Commission (FERC) issued a Preliminary
Permit to the Nushagak Electric and Telephone Cooperative (Cooperative) for the proposed
Nuyakuk River Hydroelectric Project (Project). On October 7, 2019, the Cooperative filed its
Pre-Application Document (PAD) and Notice of Intent (NOI) and formally entered into the
Integrated Licensing Process (ILP). Since the filing of the PAD, the Cooperative has adhered
to all scheduling milestones and FERC approved modifications associated with the ILP, had
substantial consultation and collaboration with Project stakeholders (kick-off meeting, study
planning meetings, numerous phone calls, etc.) and developed a Proposed Study Plan (PSP)
which was filed with FERC on April 16, 2020.
During the study planning phase for the proposed Project, a series of extenuating
circumstances have arisen making it abundantly clear that a modification to the current ILP
schedule is necessary to allow for an effective and collaborative licensing process to take place.
In an effort to clearly point out all of these issues and justify our Abeyance request, they have
been itemized below:
1. COVID-19 – As everyone is aware, the COVID-19 pandemic has had a significant
impact on all aspects of our lives over the past few months, regardless of location. This
continues to be the case to this day with no real timetable for resolution at this time.
This is especially true in the Dillingham area with some of the unique considerations
that go along with being an isolated community with a history of being hit extremely
hard from past pandemics. Over the past few months, travel to and from Dillingham
has been prohibited. This has made in-person meetings impossible to have and thus,
we have held a series of meetings via teleconference. Our planning and process has
allowed for these meetings to go as well as can be expected. However, internet
bandwidth and telephone capacity issues in the Dillingham area and outlying villages
Nushagak Cooperative, Inc. FERC Schedule A Response
Nuyakuk River Hydroelectric Project (P-14873) 2 June 2020
Solutions for the Future
Nushagak Electric & Telephone Cooperative, Inc.
557 Kenny Wren Road P.O. Box 350 Dillingham, AK 99576
Ph: 907-842-5251 Fx: 907-842-2799 www.nushtel.com
have resulted in numerous interested parties not being able to participate to the level
they would prefer.
Given the study planning phase that we are currently in with this Project and the level
of desire from agencies, Tribal Corporations and the local public to be involved in the
process that will define the overall study program, the Cooperative believes it is
imperative to hold in-person meetings in the Dillingham area to ensure the local
population who will ultimately benefit from this Project, that their voices are being
heard and considered.
As we begin to emerge from the travel and safety restrictions that we are currently
operating under as a country, it is certain that Dillingham will delay opening-up relative
to other areas due to their concerns for their local and isolated population based upon
past precedent. This Abeyance request has been developed in a way that accounts for
that likely delay and rests on the firm belief (based on substantial dialogue) that in-
person meetings are necessary to properly develop the study program.
2. Commercial Fishing Season – The commercial fishing industry is the lifeblood of
Southwest Alaska’s economy. Annually, the months of May through August see a
massive influx of people to the Dillingham area associated with the commercial fishing
season. The population of Dillingham triples during this time due to fisherman from all
over the world utilizing Dillingham as their primary port. With this influx comes the
period when the local population is immersed in a variety of efforts associated with the
season, including a considerable number of local fisherman who’s yearly income is
defined by this effort. These efforts and associated time commitments are further
amplified in 2020 due to the COVID-19 pandemic and the associated considerations
and local rule-making that has and is taking place to allow for the fishing season to
occur without further compromising the health and well-being of the local population
by allowing all of the fisherman into their community.
Through its collaboration, the Cooperative has heard time and time again from an
abundance of the interested public and Tribal entities that the ongoing amount of time
spent on regulating the commercial fishing effort and mitigating for potential COVID-
19 impacts has not allowed them an appropriate amount of time to review and
effectively comment on the PSP. This combined with the fact that there are still
significant unknowns for the Dillingham area related to how this fishing season will
play out given the situation, lend itself to the justification that an Abeyance to allow for
the appropriate level of study planning to occur is the proper course of action.
3. Potential Upgrade to the Overall ILP Schedule Specific to this Project – As has been
and will continue to be the Cooperative’s plan, it our current intent and desire to carry-
out robust natural resource study seasons in 2021 and 2022. Due simply to
Nushagak Cooperative, Inc. FERC Schedule A Response
Nuyakuk River Hydroelectric Project (P-14873) 3 June 2020
Solutions for the Future
Nushagak Electric & Telephone Cooperative, Inc.
557 Kenny Wren Road P.O. Box 350 Dillingham, AK 99576
Ph: 907-842-5251 Fx: 907-842-2799 www.nushtel.com
circumstance and timing, the initiation of the ILP for this Project was established with a
timeframe that would currently necessitate an Initial Study Report (ISR) and an
Updated Study Report (USR) to be filed in August of 2021 and 2022, respectively.
Given the somewhat unique seasonal considerations in Alaska, it is anticipated that a
bulk of the annual study effort will extend into October in both 2021 and 2022. A
filing of an ISR and/or USR midway through a study season would likely create more
need for delay and additional dialogue due to the fact that it would take key biologists
away from the field to draft the respective documents during a time when data
collection should be the priority. Additionally, the filing of a document prior to the
completion of a particular study effort, season, etc. would very likely require additional
meetings and the development of additional supplements to the ISR and USR once
study seasons were complete to comprehensively describe results and have the
appropriate amount of technical dialogue related to any necessary modifications to the
methods, additional areas of analysis, etc. that may be required based upon year 1 study
results.
The Cooperative’s Abeyance request has been developed with the hope that the
COVID-19 pandemic will begin to subside and create a schedule which we feel
represents a more effective and efficient overall ILP schedule with an emphasis on
having ISR/USR development and associated collaboration with stakeholder during the
time of the year when a bulk of annual studies will be complete and the requisite
authors can place a priority on drafting the respective documents and having the
necessary amount of dialogue with stakeholders.
4. Concurrence from Stakeholders – As previously mentioned, the Cooperative has had
substantial collaboration with federal and state agencies, Tribal Corporations and the
public related to this Project throughout the process. With specific respect to this topic,
we have received feedback from multiple agencies and Tribal Corporations that they
would support our Abeyance request. Many of the stakeholders came to us with
varying proposals related to the length of time that they would prefer the delay to
encompass. Timelines varied from 1 month to 1 year. Upon further collaboration with
both stakeholders and FERC, we determined that the Abeyance approach was the
appropriate path to request. We have attached some of the letters received from Tribal
Corporations as examples of the requests we’ve received along with our response to all
parties (Attachment A). While it is not our place to speak for any of these entities, it is
anticipated that some plan to file letters of concurrence with our approach to further
justify the need.
All of this said, it is fully recognized and acknowledged that the COVID issue may extend
beyond a time frame when 2021 studies are able to be conducted. Conversely, it is possible
that COVID conditions improve in the short-term and the necessary discussions with
Nushagak Cooperative, Inc. FERC Schedule A Response
Nuyakuk River Hydroelectric Project (P-14873) 4 June 2020
Solutions for the Future
Nushagak Electric & Telephone Cooperative, Inc.
557 Kenny Wren Road P.O. Box 350 Dillingham, AK 99576
Ph: 907-842-5251 Fx: 907-842-2799 www.nushtel.com
stakeholders outside of the formal ILP can occur in the relative near-term. This ambiguity
along with the unique situation created from licensing a project in an area such as Dillingham
creates the need for an Abeyance as opposed to a specified extension period. The Cooperative
is committed to the necessary in-person dialogue with stakeholders as soon as possible related
to study planning and would intend to re-initiate the formal ILP by integrating FERC into a
final study planning meeting with stakeholders and by filing a revised PSP with FERC based
upon all of the collaboration that has occurred. The intent of both the meeting and the filing of
a revised PSP would be to update FERC on all of the discussions that have occurred with
stakeholders and display the collaboratively developed set of methods that have been agreed
to.
Due to all of the aforementioned items and associated dialogue with stakeholders, the
Cooperative feels it would be justifiable for FERC to grant an Abeyance for the Project’s ILP
until such a time with necessary in-person dialogue can occur. At this time, the Cooperative
formally requests an Abeyance to the Nuyakuk River Hydroelectric Project ILP.
Please feel free to contact me (907.842.5251 or barmstrong@nushagak.coop) with any
questions regarding this filing.
Sincerely,
Bob Armstrong
Electric Operations Manager
Nushagak Cooperative
Attachment A: Letters from Tribal Corporations requesting a delay in the process and the
Cooperative’s collective response
Nushagak Cooperative, Inc. FERC Schedule A Response
Nuyakuk River Hydroelectric Project (P-14873) 5 June 2020
Solutions for the Future
Nushagak Electric & Telephone Cooperative, Inc.
557 Kenny Wren Road P.O. Box 350 Dillingham, AK 99576
Ph: 907-842-5251 Fx: 907-842-2799 www.nushtel.com
Attachment A
Letters from Tribal Corporations Requesting a Delay in the Process
and the Cooperative’s Collective Response
Aleknagik
Chignik Bay
Chignik Lagoon
Chignik Lake
Clarks Point
Curyung
Egegik
Ekuk
Ekwok
Igiugig
Iliamna
Ivanof Bay
Kanatak
King Salmon
Kokhanok
Koliganek
Levelock
Manokotak
Naknek
New Stuyahok
Newhalen
Nondalton
Pedro Bay
Perryville
Pilot Point
Port Heiden
Portage Creek
South Naknek
Togiak
Twin Hills
Ugashik
May 25, 2020
Robert Himschoot, CEO/General Manager VIA E-Mail
Nushagak Cooperative
P.O. Box 350
Dillingham, AK 99576
Dear Mr. Himschoot:
At its meeting on May 22, 2020 BBNA’s Executive Committee approved a motion
supporting BBEDC’s position on the Proposed Study Plan (PSP) for the Nuyakuk Power
Project as described in their letter to you of May 20, 2020. The motion included
supporting BBEDC’s proposal for a temporary stand-down of 12 months to develop a
more thorough and rigorous PSP.
Like BBEDC, BBNA does not oppose the project as it offers a needed supply of clean
and sustainable source of energy. In fact, it was noted that the BBNA Board previously
passed a resolution supporting the research needed for the project. We share the concern
that the hastily developed revised PSP falls short of the work needed to assess the
impacts on fish populations. We also agree that a study plan be developed which
provides a rigorous assessment of the potential impacts on our fish populations, as they
are fundamental to our commercial economies and subsistence way of life. We agree that
there is far too much at stake to not get this right. The hope is it will not take a year to
develop a PSP to accomplish that.
Collaborating in the region on this will go a long way to moving the project forward
while addressing resource and economic impacts.
Sincerely,
Ralph Andersen
President & CEO
Cc: BBNA Executive Committee
BBEDC
BBHA
BBNC
BBAHC
May 26, 2020
Robert Himschoot
CEO & General Manager
C/O Board of Directors
PO Box 350
Dillingham, AK 99576
Nushagak Cooperative
Dear Mr, Himschoot,
We hope this letter finds you and your staff well and healthy. On behalf of the
United Tribes of Bristol Bay (UTBB) Board of Directors, I would like to address a
few of the significant concerns we have regarding Nushagak Cooperative’s progress
with the Nuyakuk Hydroelectric Project. As currently proposed, the Nuyakuk River
Hydroelectric Project lacks the critical scientific research methodology and rigorous
study plans to adequately assess the project's environmental impacts, including
impacts on fish, subsistence activities, and the health of Bristol Bay's wild salmon
returns. Nushagak Cooperative's project proposal continues to move through the
licensing process at a breakneck speed without adequate stakeholder engagement
and communication throughout Bristol Bay's communities. Therefore, United Tribes
of Bristol Bay has no choice but to oppose the project as currently proposed until a
study plan and licensing process can be developed and conducted in a way that will
provide a fully comprehensive assessment of the potential impacts of the project.
As you may know, United Tribes of Bristol Bay represents 15 member tribes and
over 80% of the region’s population. Our mission is to protect the traditional way of
life of the indigenous people of Bristol Bay and to promote a sustainable future for
our upcoming generations.
While UTBB is not opposed to the development of clean and renewable resources to
promote sustainable economic growth for the region, we take grave issue with the
components of the current study plan and speed in which the Integrated Licensing
Process (ILP) is moving forward for the Nuyakuk River Hydro Electric Project at
this time. Between inadequate public scoping meetings in late 2019, limited public
engagement opportunity for the Study Plan and Revised Study Plan in spring of
2020, a far too heavy reliance on desk-top analysis of critical fish habitat, migration,
and resources as proposed in the Study Plan, and an unwillingness to slow down or
halt this process due to the major global, national, state-wide, and local disruptions
caused by factors outside of our control, there is no doubt that this process and
project as currently proposed is inadequate and irresponsible.
We request that Nushagak Cooperative temporarily suspend their progress and
activity with the Integrated Licensing Process hosted by the Federal Energy Regulatory
Commission for one year until local leadership and regional organizations can collaborate
UTBB Headquarters:
P.O. Box 1252
Dillingham, AK 99576
Phone: 907-842-1687
Fax: 907-842-1853
UTBB Member Tribes:
Nondalton Tribal Council
P.O. Box 49
Nondalton, AK 99640
Ph/Fax: 907-294-2257/ 907-294-2271
New Stuyahok Traditional Council
P.O. Box 49
New Stuyahok, AK 99636
Ph./Fax: 907-693-3173/ 907-693-3179
Levelock Village Council
P.O. Box 70
Levelock, Alaska 99625
Ph/Fax: 907-596-3434 / 907-596-3462
Curyung Tribal Council
P.O. Box 216
Dillingham, Alaska 99576
Ph/Fax: 907-842-2384 / 907-842-4510
Ekuk Village Council
P.O. Box 530
Dillingham, Alaska 99576
Ph/Fax: 907-842-3842 / 907-842-3843
Manokotak Village Council
P.O. Box 169
Manokotak, Alaska 99628
Ph/Fax: 907-289-2067 / 907-289-1235
New Koliganek Village Council
P.O. Box 5057
Koliganek, Alaska 99576
Ph/Fax: 907-596-3434 / 907-596-3462
Traditional Council of Togiak
P.O. Box 310
Togiak, Alaska 99678
Telephone: 907-493-5003
Fax: 907-493-5005
Clarks Point Village Council
P.O. Box 90
Clark’s Point, Alaska 99569
Ph/Fax: 907-236-1427 / 907-236-1428
Twin Hills Village Council
P.O. Box TW
Twin Hills, Alaska 99576
Ph/Fax: 907-525-4821 / 907-525-4822
Aleknagik Traditional Council
P.O. Box 115
Aleknagik, AK 99555
Ph/Fax: 907-842-2080 / 907-842-2081
Portage Creek Village Council
1327 E. 72nd Unit B
Anchorage, AK 99518
Ph/Fax: 907-277-1105 / 907-277-1104
Chignik Lake Traditional Council
P.O. Box 33
Chignik Lake, AK 99548
Ph/Fax: 907-845-2212 / 907-845-2217
Pilot Point Tribal Council
PO Box 449
Pilot Point, AK 99649
Ph/Fax: 907-797-2208 / 907-797-2258
Pedro Bay Village Council
PO Box 47020
Pedro Bay, AK 99647
Ph/Fax: 907-850-2225 / 907-850-2221
2
with the Cooperative to develop a comprehensive, thorough, and rigorous study plan with
appropriate stakeholder engagement.
Bristol Bay’s people, culture, and economy depend upon a thriving, healthy, and diverse
ecosystem, and deserve the highest standard of scientific review and thorough analysis for any
proposed development project that may impact our way of life.
Sincerely,
Robert Heyano
Board President
United Tribes of Bristol Bay
cc:
Bristol Bay Native Association
Bristol Bay Economic Development Corporation
Bristol By Housing Authority
Bristol Bay Native Corporation
Bristol Bay Area Health Corporation
Speaker of the Alaska House of Representatives Bryce Edgmon
Alaska State Senator Lyman Hoffman