HomeMy WebLinkAboutSect11_SD_1_NETC
FEDERAL ENERGY REGULATORY COMMISSION
Washington, DC 20426
November 8, 2019
OFFICE OF ENERGY PROJECTS
Project No. 14873-001 – Alaska
Nuyakuk River Hydroelectric Project
Nushagak Cooperative, Inc.
VIA FERC Service
Reference: Scoping Document 1 for the Nuyakuk River Hydroelectric Projects (P-
14873-001)
To the Parties Addressed:
The Federal Energy Regulatory Commission (Commission) is currently reviewing
the Pre-Application Document (PAD) submitted by Nushagak Cooperative, Inc.
(Nushagak Cooperative) for licensing the Nuyakuk River Hydroelectric Project
(Nuyakuk River Project) (FERC No. 14873). The project would be located on the
Nuyakuk River, in the Dillingham Census Area, Alaska. The project would occupy 357
acres of Bureau of Land Management lands.
Pursuant to the National Environmental Policy Act of 1969, as amended,
Commission staff intends to prepare an environmental assessment (EA), which will be
used by the Commission to determine whether, and under what conditions, to issue a
license for the project. To support and assist our environmental review, we are beginning
the public scoping process to ensure that all pertinent issues are identified and analyzed,
and that the EA is thorough and balanced.
We invite your participation in the scoping process and are circulating the attached
Scoping Document 1 (SD1) to provide you with information on the Nuyakuk River
Project. We are also soliciting your comments and suggestions on our preliminary list of
issues and alternatives to be addressed in the EA. We are also requesting that you
identify any studies that would help provide a framework for collecting pertinent
information on the resource areas under consideration necessary for the Commission to
prepare the EA for the project.
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Project No. 14873-001 2
We will hold two scoping meetings for the Nuyakuk River Project to receive input
on the scope of the EA. A daytime meeting will be held at 10 a.m. on December 11,
2019, at the Homewood Suites in Anchorage, AK. An evening meeting will be held at 7
p.m. on December 11, 2019, at the same location. Teleconferencing capability will be
provided for those who cannot attend the meeting in person.
We invite all interested agencies, Alaskan Natives, non-governmental
organizations, and individuals to attend one or all of these meetings. Further information
on our environmental site review and scoping meetings is available in the enclosed SD1.
SD1 is being distributed to both Nushagak Cooperative’s distribution list and the
Commission’s official mailing list (see section 10.0 of the attached SD1). If you wish to
be added to or removed from the Commission’s official mailing list, please send your
request by email to FERCOnlineSupport@ferc.gov or by mail to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, N.E., Room 1A,
Washington, DC 20426. All written or emailed requests must specify your wish to be
removed from or added to the mailing list and must clearly identify the following on the
first page: Nuyakuk River Project No. P-14873-001.
Please review the SD1 and, if you wish to provide comments, follow the
instructions in section 6.0, Request for Information and Studies. If you have any
questions about SD1, the scoping process, or how Commission staff will develop the EA
for this project, please contact Julia Kolberg at (202) 502-8261 or
julia.kolberg@ferc.gov. Additional information about the Commission’s licensing
process and the projects may be obtained from our website, www.ferc.gov. The deadline
for filing comments is February 4, 2020. The Commission strongly encourages
electronic filings.
Enclosure: Scoping Document 1
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SCOPING DOCUMENT 1
NUYAKUK RIVER HYDROELECTRIC PROJECT
ALASKA
PROJECT NO. 14873-001
Federal Energy Regulatory Commission
Office of Energy Projects
Division of Hydropower Licensing
Washington, DC
November 2019
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TABLE OF CONTENTS
1.0 INTRODUCTION ...................................................................................................... 4
2.0 SCOPING .................................................................................................................... 6
2.1 PURPOSES OF SCOPING ................................................................................... 6
2.2 COMMENTS AND SCOPING MEETINGS ...................................................... 7
3.0 PROPOSED ACTION AND ALTERNATIVES ..................................................... 9
3.1 NO-ACTION ALTERNATIVE ............................................................................ 9
3.2 APPLICANT’S PROPOSAL ................................................................................ 9
3.2.1 Proposed Project Facilities ............................................................................... 9
3.2.2 Proposed Project Operation ........................................................................... 10
3.2.3 Proposed Environmental Measures ............................................................... 10
3.3 ALTERNATIVES TO THE PROPOSED ACTION ........................................ 10
4.0 SCOPE OF CUMULATIVE EFFECTS AND SITE-SPECIFIC RESOURCE
ISSUES ............................................................................................................................. 10
4.1 CUMULATIVE EFFECTS ................................................................................. 10
4.2 RESOURCE ISSUES ........................................................................................... 11
4.2.1 Geologic and Soils Resources ......................................................................... 11
4.2.2. Aquatic Resources ........................................................................................... 11
4.2.3 Terrestrial Resources ..................................................................................... 12
4.2.4 Recreation and Land Use............................................................................... 13
4.2.5 Cultural Resources ......................................................................................... 13
4.2.6 Aesthetic Resources ........................................................................................ 13
4.2.7 Socioeconomic Resources............................................................................... 13
4.2.8 Developmental Resources .............................................................................. 13
5.0 PROPOSED STUDIES ............................................................................................ 14
6.0 REQUEST FOR INFORMATION AND STUDIES ............................................. 15
7.0 EA PREPARATION SCHEDULE ......................................................................... 17
8.0 PROPOSED EA OUTLINE .................................................................................... 18
9.0 COMPREHENSIVE PLANS .................................................................................. 20
10.0 MAILING LISTS ................................................................................................... 21
APPENDIX A – STUDY PLAN CRITERIA
APPENDIX B – PROCESS PLAN AND SCHEDULE
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LIST OF FIGURES
Figure 1: Location of the proposed Nuyakuk River Project (Source: PAD). .................... 5
LIST OF TABLES
Table 1. Nushagak Cooperative’s initial study proposals for the Nuyakuk River Project.
(Source: PAD) ............................................................................................................ 14
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SCOPING DOCUMENT 1
Nuyakuk River Hydroelectric Project (FERC No. 14873-001)
1.0 INTRODUCTION
The Federal Energy Regulatory Commission (Commission or FERC), under the
authority of the Federal Power Act (FPA),1 may issue licenses for terms ranging from
30 to 50 years for the construction, operation, and maintenance of non-federal
hydroelectric projects. On October 7, 2019, Nushagak Cooperative, Inc. (Nushagak
Cooperative), filed a Pre-Application Document (PAD) for the proposed Nuyakuk River
Hydroelectric Project (Nuyakuk River Project) (FERC No. 14873-001).
The Nuyakuk River Project would be located on the Nuyakuk River in the
Dillingham Census Area, Alaska (figure 1). The total installed capacity would be 10-
megawatts (MW) with an average annual generation of approximately 72,800 megawatt
hours (MWh). A detailed description of the projects is provided in section 3.0. The
proposed project would occupy 357 acres of Bureau of Land Management lands.
The National Environmental Policy Act (NEPA) of 1969,2 the Commission’s
regulations, and other applicable laws require that we independently evaluate the
environmental effects of licensing the Nuyakuk River Project as proposed, and also
consider reasonable alternatives to the licensees’ proposed action. At this time, we intend
to prepare an environmental assessment (EA) for the Nuyakuk River Project that
describes and evaluates the probable effects, including an assessment of the site-specific
and cumulative effects, if any, of the proposed actions and alternatives.
Although our current intent is to prepare an EA, there is a possibility that an
environmental impact statement (EIS) will be required. The scoping process will satisfy
the NEPA scoping requirements, irrespective of whether the Commission issues an EA or
an EIS.
1 16 U.S.C. § 791(a)-825(r) (2018).
2 National Environmental Policy Act of 1969, 42. U.S.C. §§ 4321-4370(f) (2012).
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Figure 1: Location of the proposed Nuyakuk River Project (Source: PAD).
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2.0 SCOPING
This Scoping Document 1 (SD1) is intended to advise all participants as to the
proposed scope of the EA and to seek additional information pertinent to this analysis.
This document contains: (1) a description of the scoping process and schedule for the
development of the EA; (2) a description of the proposed actions and alternatives; (3) a
preliminary identification of environmental issues; (4) a proposed EA outline; and (5) a
preliminary list of comprehensive plans that are applicable to the projects.
2.1 PURPOSES OF SCOPING
Scoping is the process used to identify issues, concerns, and opportunities for
enhancement or mitigation associated with a proposed action. According to NEPA, the
process should be conducted early in the planning stage of the project. The purposes of
the scoping process are as follows:
• invite participation of federal, state and local resource agencies, Alaskan
Natives, non-governmental organizations (NGOs), and the public to identify
significant environmental and socioeconomic issues related to the proposed
project;
• determine the resource issues, depth of analysis, and significance of issues to
be addressed in the EA;
• identify how the project would or would not contribute to cumulative effects in
the project area;
• identify reasonable alternatives to the proposed action that should be evaluated
in the EA;
• solicit, from participants, available information on the resources at issue; and
• determine the resource areas and potential issues that do not require detailed
analysis during review of the project.
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2.2 COMMENTS AND SCOPING MEETINGS
During preparation of the EA, there will be several opportunities for the resource
agencies, Alaskan Natives, NGOs, and the public to provide input. These opportunities
occur:
• during the public scoping process and study plan meetings, when we solicit
oral and written comments regarding the scope of issues and analysis for the
EA;
• in response to the Commission’s notice that the project is ready for
environmental analysis; and
• after issuance of the EA when we solicit written comments on the EA.
In addition to written comments solicited by this SD1, we will hold two public
scoping meetings. A daytime meeting will focus on concerns of the resource agencies,
NGOs, and Alaskan Natives, and an evening meeting will focus on receiving input from
the public. We invite all interested parties to attend one or both meetings to assist us in
identifying the scope of environmental issues that should be analyzed in the EA.
Teleconferencing capability will be provided for those who cannot attend the meeting in
person. The times and locations of the meetings and environmental site review are as
follows:
Daytime Scoping Meeting
Date: Wednesday, December 11, 2019
Time: 10 a.m.
Location: Homewood Suites
101 W. 48th Ave.
Anchorage, AK 99503
Phone: (907) 762-7000
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Evening Scoping Meeting
Date: Wednesday, December 11, 2019
Time: 7 p.m.
Location: Homewood Suites
101 W. 48th Ave.
Anchorage, AK 99503
Phone: (907) 762-7000
Please notify Julia Kolberg at (202) 502-8261 or Julia.kolberg@ferc.gov on or
before December 4, 2019, if you plan to attend scoping meetings via teleconference.
Under the Commission’s Integrated Licensing Process, the Commission conducts
scoping within 90 days of the filing of the licensee’s NOI. An environmental site review
is typically held in conjunction with that scoping meeting. However, access to the project
site is likely to be limited by winter weather conditions when scoping for this project will
occur. For this reason, the license applicant will play a video filmed during a flyover of
the proposed project site. An environmental site review may be conducted at a later date.
Therefore, we are waiving § 5.8(b)(viii) of the Commission’s regulations requiring an
environmental site review within 30 days of issuance of a notice of commencement of
proceeding.
The scoping meetings will be recorded by a court reporter, and all statements
(verbal and written) will become part of the Commission’s public record for the projects.
Before each meeting, all individuals who attend, especially those who intend to make
statements, will be asked to sign in and clearly identify themselves for the record.
Interested parties who choose not to speak or who are unable to attend the scoping
meetings may provide written comments and information to the Commission as described
in section 6.0. These meetings are posted on the Commission’s calendar located on the
internet at www.ferc.gov/EventCalendar/EventsList.aspx, along with other related
information.
Meeting participants should be prepared to discuss their issues and/or concerns as
they pertain to the licensing of the Nuyakuk River Project. It is advised that participants
review the PAD in preparation for the scoping meetings. Copies of the PAD are
available for review at the Commission in the Public Reference Room or may be viewed
on the Commission’s website (www.ferc.gov), using the “eLibrary” link. Enter the
docket number, P-14873-001, to access the document. For assistance, contact FERC
Online Support at FERCOnlineSupport@ferc.gov or toll free at 1-866-208-3676, or for
TTY, (202) 502-8659.
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Following the scoping meetings and comment period, all issues raised will be
reviewed and decisions made as to the level of analysis needed. If preliminary analysis
indicates that any issues presented in this scoping document have little potential for
causing significant effects, the issue(s) will be identified and the reasons for not
providing a more detailed analysis will be given in the EA.
If we receive no substantive comments on SD1, then we will not prepare a
Scoping Document 2 (SD2). Otherwise, we will issue SD2 to address any substantive
comments received. The SD2 will be issued for informational purposes only; no
response will be required. The EA will address recommendations and input received
during the scoping process.
3.0 PROPOSED ACTION AND ALTERNATIVES
In accordance with NEPA, the environmental analysis will consider the following
alternatives, at a minimum: (1) the no-action alternative, (2) the applicant's proposed
action, and (3) alternatives to the proposed action.
3.1 NO-ACTION ALTERNATIVE
Under the no-action alternative, the proposed project would not be built (i.e., there
would be no change to the existing environment). No environmental protection,
mitigation, or enhancement measures would be implemented. We use this alternative to
establish baseline environmental conditions for comparison with other alternatives.
3.2 APPLICANT’S PROPOSAL
3.2.1 Proposed Project Facilities
The proposed project would consist of a diversion structure, powerhouse, water
conveyance, generation, transmission, and appurtenant facilities. The 530-foot-long
diversion structure would divert flow from the Nuyakuk River into the project intake.
Flow from the intake would pass first through a conveyance channel and then into either
one or three conveyance tunnels, depending on the outcome of bathymetry, sub-bottom
profiling, and geotechnical investigations associated with project development. The
tunnels would deliver flow to the 120-foot-wide, 40-foot-long, 30-foot-high powerhouse
which would house three 3.33-MW Kaplan-style turbine generating units. Flow would
pass out of the powerhouse through an open channel tailrace. Power generated by the
project would be conveyed via a 135-mile-long system of 34.5-kVa transmission line.
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The estimated average annual generation would be 55,300 megawatt-hours. The
location of the facilities is shown in figure 1.
3.2.2 Proposed Project Operation
The applicant proposes to operate the project in a run-of-river mode, such that
outflow from the project approximates inflow. For those months in which the total
available inflow to the powerhouse is less than the project’s total hydraulic capacity of
7,550 cfs, a minimum instream flow of 1,000 cfs will be provided through the bypassed
reach, while the remainder of the available flow will be passed through the powerhouse.
The Nuyakuk River experiences high flows between early summer and early fall.
3.2.3 Proposed Environmental Measures
Nushagak Cooperative proposes to operate the Nuyakuk River Project with the
environmental protection, mitigation and enhancement (PM&E) measures described
below.
Terrestrial Resources
• Design the transmission line to incorporate the latest raptor protection
guidelines, and install collision avoidance devices on the line at appropriate
locations to protect migrating birds.
3.3 ALTERNATIVES TO THE PROPOSED ACTION
Commission staff will consider and assess all alternative recommendations for
operational or facility modifications, as well as protection, mitigation, and enhancement
measures identified by the Commission, the agencies, Alaskan Natives, NGOs, and the
public.
4.0 SCOPE OF CUMULATIVE EFFECTS AND SITE-SPECIFIC RESOURCE
ISSUES
4.1 CUMULATIVE EFFECTS
According to the Council on Environmental Quality's regulations for
implementing NEPA (50 C.F.R. 1508.7), a cumulative effect is the effect on the
environment that results from the incremental effect of the action when added to other
past, present and reasonably foreseeable future actions, regardless of what agency
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(federal or non-federal) or person undertakes such other actions. Cumulative effects can
result from individually minor but collectively significant actions taking place over a
period of time, including hydropower and other land and water development activities.
Based on our review of the PAD and preliminary staff analysis, we have not
identified any resources that may be cumulatively affected by the proposed operation and
maintenance of the Nuyakuk River project.
4.2 RESOURCE ISSUES
In this section, we present a preliminary list of environmental issues to be
addressed in the EA. We identified these issues, which are listed by resource area, by
reviewing the PAD and the Commission’s record for the Nuyakuk River Project. This
list is not intended to be exhaustive or final, but contains those issues raised to date that
could have substantial effects. After the scoping process is complete, we will review the
list and determine the appropriate level of analysis needed to address each issue in the
EA.
We reviewed the U.S. Fish and Wildlife Service database of Information for
Planning and Consultation and found no record of threatened, endangered, or candidate
species or critical habitats in the proposed project location. Therefore, no effect on
endangered species from project construction and operation are anticipated at this time;
thus, endangered species would not be addressed in detail in the EA.
4.2.1 Geologic and Soils Resources
• Effects of project construction and maintenance activities on soil erosion
and sedimentation.
4.2.2. Aquatic Resources
Water Quality
• Effects of project construction activities on water quality (e.g., turbidity and
suspended sediment) in the project area.
• Effects of project operation on water temperatures in the impoundment and
bypassed reach.
Fisheries
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• Effects of project construction activities on fish passage and aquatic habitat
in the project area.
• Effects of the project diversion structure and reduced flows in the bypassed
reach during project operation on upstream fish passage.
• Effects of the project diversion structure and reduced flows in the bypassed
reach during project operation on sediment transport through the project
area.
• Effects of project operation including reduced flows in the bypassed reach
on fish habitat.
• Effects of project operation on fish injury and mortality due to turbine
entrainment.
• Effects of powerhouse tailrace false attraction on upstream migrating fish.
4.2.3 Terrestrial Resources
• Effects of habitat loss and alteration from construction of the
intake/diversion, powerhouse, tailrace, airstrip, dock, access roads,
maintenance and residential building, switchyard, and transmission line on
wildlife and plant species.
• Effects of noise, improved access from project access roads, and increased
human presence on wildlife.
• Effects of project construction, operation, and maintenance on migratory
birds in the project area.
• Effects of the new substation and transmission line on the potential for
raptor and other bird electrocutions and collisions.
• Effects of project construction and operation (project roads and facilities)
on distribution and abundance of invasive plant species.
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4.2.4 Recreation and Land Use
• Effects of project construction, operation and maintenance on recreational
resources and use in the project area.
• Effects of project construction, operation and maintenance on Wood-
Tikchik State Park and its management objectives.
• Effects of project construction, operation, and maintenance on
transportation resources.
4.2.5 Cultural Resources
• Effects of project construction, operation, and maintenance on properties
that are included in or eligible for inclusion in the National Register of
Historic Places.
• Effects of project construction, operation, and maintenance on subsistence
activities within the project area.
• Effects of project construction, operation, and maintenance on Traditional
Cultural Properties and practices within the project area.
4.2.6 Aesthetic Resources
• Effects of project construction, operation, and maintenance on aesthetic
resources in the project area.
4.2.7 Socioeconomic Resources
• Effects of project construction, operation, and maintenance on
socioeconomic resources, including housing, employment, transportation,
governmental services and subsistence resources in the project area.
4.2.8 Developmental Resources
• Effects of proposed or recommended environmental measures on project
generation and economics.
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5.0 PROPOSED STUDIES
Depending upon the findings of studies completed by Nushagak Cooperative and
the recommendations of the consulted entities, Nushagak Cooperative will consider, and
may propose certain other measures to enhance environmental resources affected by the
project as part of the proposed action. Nushagak Cooperative’s initial study proposals are
identified by resource area in table 1. Detailed information on Nushagak Cooperative’s
initial study proposals can be found in the PAD. Further studies may need to be added to
this list based on comments provided to the Commission and Nushagak Cooperative from
interested participants, including Alaskan Natives.
Table 1. Nushagak Cooperative’s initial study proposals for the Nuyakuk River Project.
(Source: PAD)
Resource Area Proposed Study
Geologic and Soils Resources
Conduct an assessment of rock composition via
hard rock drilling techniques to identify the
viability of the substrate for supporting project
infrastructure.
Water Quality and Quantity
Assess water quality in the Nuyakuk River at the
project site.
Collect hydrologic data via stream gaging at the
project site.
Sediment transport assessment and modeling in
the project area.
Fisheries Resources
Assess fish species seasonal distribution and
abundance at the project site.
Conduct bathymetric modeling of Nuyakuk Falls.
Conduct Nuyakuk Falls fish passage evaluation
and modeling.
Terrestrial Resources
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Resource Area Proposed Study
Assess impacts to migratory wildlife species as a
result of transmission line corridor development
and operation
Assess the impacts to key avian species as a
result of transmission line corridor development
and operation
Assess impacts to botanical species as a result of
overall project construction and operation
Recreation and Aesthetic
Resources
Conduct a comprehensive visual and recreation
assessment of the project area to define the extent
of the recreational activities that occur in the
project area and assess potential project impacts
on recreational and visual resources.
Cultural Resources
Conduct a cultural resources assessment in the
project area to include a desktop analysis and
field studies in consultation with the affected
Alaskan Natives and the State Historical
Preservation Office.
Socioeconomic Resources
Conduct a desktop analysis to define the existing
population and social and economic conditions in
the project area and assess the impacts associated
with project development and operations.
6.0 REQUEST FOR INFORMATION AND STUDIES
We are asking federal, state, and local resource agencies, Alaskan Natives, NGOs,
and the public to forward to the Commission any information that will assist us in
conducting an accurate and thorough analysis of the project-specific and cumulative
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effects associated with licensing the Nuyakuk River Project. The types of information
requested include, but are not limited to:
• information, quantitative data, or professional opinions that may help define
the geographic and temporal scope of the analysis (both site-specific and
cumulative effects), and that helps identify significant environmental issues;
• identification of, and information from, any other EA, EIS, or similar
environmental study (previous, on-going, or planned) relevant to the proposed
licensing of the Nuyakuk River Project;
• existing information and any data that would help to describe the effects of the
project and other developmental activities on environmental and
socioeconomic resources;
• information that would help characterize the existing environmental conditions
and habitats;
• the identification of any federal, state, or local resource plans, and any future
project proposals in the affected resource area (e.g., proposals to construct or
operate water treatment facilities, recreation areas, water diversions, timber
harvest activities, or fish management programs), along with any
implementation schedules);
• documentation that the proposed project would or would not contribute to
cumulative adverse or beneficial effects on any resources. Documentation can
include, but need not be limited to, how the project would interact with other
projects in the area and other developmental activities; study results; resource
management policies; and reports from federal and state agencies, local
agencies, Alaskan Natives, NGOs, and the public;
• documentation showing why any resources should be excluded from further
study or consideration; and
• study requests by federal and state agencies, local agencies, Alaskan Natives,
NGOs, and the public that would help provide a framework for collecting
pertinent information on the resource areas under consideration necessary for
the Commission to prepare the EA/EIS for the project.
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All requests for studies filed with the Commission must meet the criteria found in
Appendix A, Study Plan Criteria.
The requested information, comments, and study requests should be submitted to
the Commission no later than February 4, 2020. All filings must clearly identify the
following on the first page: Nuyakuk River (P-14873-001) Hydroelectric Project.
Scoping comments may be filed electronically via the Internet. See 18 C.F.R.
385.2001(a)(1)(iii) and the instructions on the Commission’s website
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up
to 6,000 characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact FERC Online
Support at FERCOnlineSupport@ferc.gov or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, please send a paper copy to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street,
NE, Washington, D.C. 20426.
Register online at http://www.ferc.gov/esubscription.asp to be notified via email of
new filings and issuances related to this or other pending projects. For assistance, please
contact FERC Online Support.mailto:ferconlinesupport@ferc.gov.
Any questions concerning the scoping meetings, site visits, or how to file written
comments with the Commission should be directed to Julia Kolberg at (202) 502-8261 or
julia.kolberg@ferc.gov. Additional information about the Commission’s licensing
process and the Nuyakuk River Project may be obtained from the Commission’s website,
www.ferc.gov.
7.0 EA PREPARATION SCHEDULE
At this time, we anticipate the need to prepare a draft and final EA. The draft EA
will be sent to all persons and entities on the Commission’s service and mailing lists for
the Nuyakuk River Project. The EA will include our recommendations for operating
procedures, as well as environmental protection and enhancement measures that should
be part of any license issued by the Commission. All recipients will then have 30 days to
review the draft EA and file comments with the Commission. All comments on the draft
EA filed with the Commission will be considered in preparation of the final EA.
The major milestones, with pre-filing target dates are as follows:
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Major Milestone Target Date
Scoping Meetings December 2019
License Application Filed June 2023
A copy of the process plan and schedule, which has a complete list of licensing
milestones for the Nuyakuk River Project, including those for developing the license
application, is attached as Appendix B to this SD1.
8.0 PROPOSED EA OUTLINE
The preliminary outline for the EA for the Nuyakuk River Project is as follows:
TABLE OF CONTENTS
LIST OF APPENDICIES
LIST OF FIGURES
LIST OF TABLES
ACRONYMS AND ABBREVIATIONS
EXECUTIVE SUMMARY
1.0 INTRODUCTION
1.1 Application
1.2 Purpose of Action and Need for Power
1.3 Statutory and Regulatory Requirements
1.3.1 Federal Power Act
1.3.1.1 Section 18 Fishway Prescriptions
1.3.1.2 Section 10(j) Recommendations
1.3.2 Clean Water Act
1.3.3 Endangered Species Act
1.3.4 Magnuson-Stevens Fishery Conservation and Management Act
1.3.5 Coastal Zone Management Act
1.3.6 National Historic Preservation Act
Other statutes as applicable
1.4 Public Review and Comment
1.4.1 Scoping
1.4.2 Interventions
1.4.3 Comments on the Application
2.0 PROPOSED ACTION AND ALTERNATIVES
2.1 No-action Alternative
2.2 Applicant’s Proposal
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2.2.1 Project Facilities
2.2.2 Project Safety
2.2.3 Project Operation
2.2.4 Environmental Measures
2.2.5 Modifications to Applicant’s Proposal—Mandatory Conditions
2.3 Staff Alternative
2.4 Staff Alternative with Mandatory Conditions
2.5 Other Alternatives (as appropriate)
3.0 ENVIRONMENTAL ANALYSIS
3.1 General Description of the River Basin
3.2 Proposed Action and Action Alternatives
3.2.1 Geologic and Soil Resources
3.2.2 Aquatic Resources
3.2.3 Terrestrial Resources
3.2.4 Threatened and Endangered Species
3.2.5 Recreation and Land Use
3.2.6 Cultural Resources
3.2.7 Aesthetic Resources
3.2.8 Socioeconomic Resources
3.3 No-action Alternative
4.0 DEVELOPMENTAL ANALYSIS
4.1 Power and Economic Benefits of the Project
4.2 Comparison of Alternatives
4.3 Cost of Environmental Measures
4.4 Air Quality (as needed)
5.0 CONCLUSIONS AND RECOMMENDATIONS
5.1 Comparison of Alternatives
5.2 Comprehensive Development and Recommended Alternative
5.3 Unavoidable Adverse Effects
5.4 Recommendations of Fish and Wildlife Agencies
5.5 Consistency with Comprehensive Plans
6.0 FINDING OF NO SIGNIFICANT IMPACT (OR OF SIGNIFICANT IMPACT)
7.0 LITERATURE CITED
8.0 LIST OF PREPARERS
APPENDICES
Appendix A – License Conditions Recommended by Staff
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9.0 COMPREHENSIVE PLANS
Section 10(a)(2) of the FPA, 16 U.S.C. section 803(a)(2)(A), requires the
Commission to consider the extent to which a project is consistent with federal and state
comprehensive plans for improving, developing, or conserving a waterway or waterways
affected by a project. Commission staff has preliminarily identified and reviewed the
plans listed below that may be relevant to the Nuyakuk River Project. Agencies are
requested to review this list and inform the Commission staff of any changes. If there are
other comprehensive plans that should be considered for this list that are not on file with
the Commission, or if there are more recent versions of the plans already listed, they can
be filed for consideration with the Commission according to 18 CFR 2.19 of the
Commission’s regulations. Please follow the instructions for filing a plan at
http://www.ferc.gov/industries/hydropower/gen-info/licensing/complan.pdf.
The following is a list of comprehensive plans currently on file with the
Commission that may be relevant to the Nuyakuk River Project:
Alaska Administrative Code. 2012. 5 AAC § 39.222 Policy for the Management of
Sustainable Salmon Fisheries. Juneau, Alaska.
Alaska Administrative Code. 2003. 5 AAC § 75.222 Policy for the Management of
Sustainable Wild Trout Fisheries. Juneau, Alaska.
Alaska Department of Fish and Game. 2011. Alaska Anadromous Waters Catalog -
Southwestern Region. Anchorage, Alaska. June 1, 2011.
Alaska Department of Fish and Game. U.S. Fish and Wildlife Service. 2007. Black
Oystercatcher (Haematopus bachmani) Conservation Action Plan. Anchorage,
Alaska. April 2007.
Alaska Department of Natural Resources. Alaska's Outdoor Legacy: Statewide
Comprehensive Outdoor Recreation Plan (SCORP): 2009-2014. Anchorage,
Alaska.
Alaska Department of Natural Resources. 2002. Wood-Tikchik State Park Management
Plan. Anchorage, Alaska. October 2002.
Alaska Department of Natural Resources. 2005. Bristol Bay Area Plan for State Lands.
Anchorage, Alaska. April 2005.
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Alaska Department of Natural Resources. 2005. Nushagak & Mulchatna Rivers
Recreation Management Plan. April 19, 2005.
National Park Service. The Nationwide Rivers Inventory. Department of the Interior,
Washington, D.C. 1993.
U.S. Fish and Wildlife Service, et al. 2008. Alaska Shorebird Conservation Plan. Version
II. Anchorage, Alaska. November 2008.
U.S. Fish and Wildlife Service. 2009. Alaska Seabird Conservation Plan. Anchorage,
Alaska. 2009.
U.S. Fish and Wildlife Service. 2005. Regional Seabird Conservation Plan. Pacific
Region, Portland, Oregon. January 2005.
U.S. Fish and Wildlife Service. 2002. Steller’s Eider (Polysticta stelleri) Recovery Plan.
Fairbanks, Alaska. September 2002.
U.S. Fish and Wildlife Service. 1996. Spectacled Eider (Somateria fischeri) Recovery
Plan. Anchorage, Alaska. August 1996.
U.S. Fish and Wildlife Service. n.d. Fisheries USA: the Recreational Fisheries Policy of
the U.S. Fish and Wildlife Service. Washington, D.C.
10.0 MAILING LISTS
The list below is the Commission’s official mailing list for the Nuyakuk River
Project included in this scoping document. If you want to receive future mailings for
these proceedings and are not included in the list below, please send your request by
email to efiling@ferc.gov or by mail to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, N.E., Room 1A, Washington, DC 20426. All
written and emailed requests to be added to the mailing lists must clearly identify the
following on the first page: Nuyakuk River (P-14873-001) Hydroelectric Project.
You may use the same method if requesting removal from the mailing list below.
Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified
via email of new filings and issuances related to these projects or other pending projects.
For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or
toll free at 1-866-208-3676, or for TTY, (202) 502-8659.
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Secretary
Oregon Public Utility Commission
PO Box 1088
Salem, OR 97308
Ken Lord
Attorney-Advisor
U.S. Department of Interior
4230 University Dr. Suite 300
Anchorage, AK 99508
Susan Walker
Marine Resources Specialist
NOAA Fisheries Service
PO Box 21668
Juneau,AK 99802
Thomas Meyer
General Counsel
NOAA General Counsel for Fisheries
PO Box 21109
Juneau, AK 99801
Cory Warnock
McMillen Jacobs Associates
5771 Applegrove Ln
Ferndale, WA 98248
Governor of Alaska
Alaska Office of the Governor
P.O. Box 110001
Juneau, AK 99811
Governor of Oregon
Oregon Office of the Governor
900 Court Street NE
RM 160
Salem, OR 97301
Lisa Murkowski
Senator
U.S. Senate
709 Hart Senate Office Building
Washington, DC 20510
Daniel Sullivan
Senator
U.S. Senate
702 Hart Senate Office Building
Washington, DC 20510
Ron Wyden
Senator
U.S. Senate
221 Dirksen Senate Office Building
Washington, DC 20510
Jeff Merkley
Senator
U.S. Senate
313 Hart Senate Office Bldg
Washington, DC 20510
Bobby Armstrong
Nushagak Electric & Telephone
Cooperative
PO Box 350
Dillingham, AK 99576
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Kerry Long
Regional Administrator
Federal Aviation Administration, Alaskan
Region
222 West 7th Avenue, #14
Anchorage, AK 99513
Dr. James W. Balsiger
Regional Administrator
National Oceanic and Atmospheric
Administration
National Marine Fisheries Service
Alaska Region
PO Box 21668
Juneau, AK 99802
Sean Eagan
Hydrologist
National Oceanic and Atmospheric
Administration
National Marine Fisheries Service
Alaska Region
PO Box 21668
Juneau, AK 99802
Kate Savage
Marine Mammal Specialist
National Oceanic and Atmospheric
Administration
National Marine Fisheries Service
Alaska Region
PO Box 21668
Juneau, AK 99802
Thomas Meyer
Attorney Advisor
National Oceanic and Atmospheric
Administration
National Marine Fisheries Service
Alaska Region
PO Box 21109
Juneau, AK 99802
David Hobbie
Chief, Regulatory Division
U.S. Army Corps of Engineers
Alaska District
PO Box 6898
JBER, AK 99506
Mary Leykom
US Army Corps of Engineers
Alaska District
PO Box 6898
JBER, AK 99506
Karen Mouritsen
Acting State Director
U.S. Bureau of Land Management
Alaska State Office
222 West 7th Ave., Suite 13
Anchorage, AK 99504
Scott Crockett, State Conservationist
U.S. Department of Agriculture
National Resources Conservation Service
Alaska State Office
800 West Evergreen Avenue, Suite 100
Palmer, AK 99645
Eric Marchegiani
Public Utility Specialist
U.S. Department of Agriculture
PO Box 771876
Eagle River, AK 99557
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Ricky Hoff
Supervisor
U.S. Department of the Interior
Bureau of Indian Affairs
Alaska Regional Office
3601 C Street, Suite 1100
Anchorage, AK 99503
Keith Kahklen
U.S. Department of the Interior
Bureau of Indian Affairs
3601 C Street, Suite 1100
Anchorage, AK 99503
Christian Zimmerman
Center Director
U.S. Department of the Interior
U.S. Geological Survey
Alaska Science Center
4210 University Drive
Anchorage, AK 99508
Marcia Combes
Acting Director
U.S. Environmental Protection Agency
Alaska Operations Office
222 West 7th Avenue, #19
Anchorage, AK 99513
Matthew LaCroix
U.S. Environmental Protection Agency
Office of Ecosystems, Tribal and Public
Affairs
Aquatic Resources Unit
222 West 7th Avenue, #19
Anchorage, AK 99513
Betsy McCracken
U.S. Environmental Protection Agency
Water Division/Regional Administrators
Division
222 West 7th Avenue, #19
Anchorage, AK 99513
Greg Siekaniec
Regional Director
U.S. Fish & Wildlife Service
Alaska Region
1011 East Tudor Road, MS 381
Anchorage, AK 99503
Jennifer Spegon
Energy Project Coordinator
U.S. Fish & Wildlife Service
Anchorage Field Office
1011 East Tudor Road, Mail Stop 121
Anchorage, AK 99503
Franklin Dekker
Hydrologist
U.S. Fish & Wildlife Service
Habitat Restoration
4700 BLM Road
Anchorage, AK 99507
Debbie Steen
Recreation and Fire Management
Specialist
1011 East Tudor Road
Anchorage, AK 99503
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Susanna Henry
Refuge Manager
U.S. Fish & Wildlife Service
Togiak National Wildlife Refuge
PO Box 270 MS 569
Dillingham, AK 99576
David Schmid
Acting Regional Forester
U.S. Forest Service, Alaska Region
709 West 9th Street
Juneau, AK 99802
Julie Anderson
Commissioner
Alaska Department of Commerce,
Community and
Economic Development
PO Box 110803
Juneau, AK 99811
Amber LeBlanc
Director
Alaska Department of Environmental
Conservation
Division of Water
555 Cordova Street
Anchorage, AK 99501
William Ashton
Storm Water and Wetlands Manager
Alaska Department of Environmental
Conservation
Division of Water
555 Cordova Street
Anchorage, AK 99501
Doug Vincent-Lang
Commissioner
Alaska Department of Fish and Game
PO Box 115526
Juneau, AK 99811
Jason Dye
Area Manager
Alaska Department of Fish and Game
Bristol Bay Management Area
Dillingham Area Office
PO Box 230
Dillingham, AK 99576
Kevin Keith
Statewide HydropowerCoordinator
Alaska Department of Fish and Game
Sport Fish Aquatic Resources
333 Raspberry Road
Anchorage, AK 99518
Joe Klein
Engineer II (Statewide Aquatic
Resources Coordination Unit)
Alaska Department of Fish and Game
Division of Sport Fisheries
333 Raspberry Road
Anchorage, AK 99518
Robin Dublin
Southern Region Program Manager
Alaska Department of Fish and Game
Division of Subsistence
333 Raspberry Road
Anchorage, AK 99518
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Sylvia Kreel
Hydro Large Project Coordinator
Alaska Department of Natural Resources
Office of Project Management &
Permitting
550 W. 7th Ave, Suite 1430
Anchorage, AK 99501
Clark Cox
Southcentral Regional Manager
Alaska Department of Natural Resources
Division of Mining, Land, and Water
550 West 7th Avenue, Suite 900C
Anchorage, AK 99501
Brittany Smith
Alaska Department of Natural Resources
Division of Mining, Land, and Water –
Leasing Unit
550 West 7th Avenue, Suite 900C
Anchorage, AK 99501
David W. Schade
Chief, Water Resources Section
Alaska Department of Natural Resources
Division of Mining, Land, and Water
550 West 7th Avenue, Suite 1020
Anchorage, AK 99501
Kim Sager
Natural Resource Specialist
Alaska Department of Natural Resources
Division of Mining, Land, and Water
550 West 7th Avenue, Suite 1020
Anchorage, AK 99501
Candice Snow
Resource Assessment and Development
Alaska Department of Natural Resources
Division of Mining, Land, and Water
550 West 7th Avenue, Suite 900c
Anchorage, AK 99501
Kenneth R. Papp
Division Operations Manager
Alaska Department of Natural Resources
Division of Geological and Geophysical
Surveys
3354 College Road
Fairbanks, AK 99709
Judith Bittner
State Historic Preservation Officer
Alaska Department of Natural Resources
Office of History and Archaeology
550 West 7th Avenue, Suite 1310
Anchorage, AK 99501
Richard VanderHoek,
State Archaeologist, Deputy
SHPO
Alaska Department of Natural Resources
Office of History and Archaeology
550 West 7th Avenue, Suite 1310
Anchorage, AK 99501
Ricky Gease, Division Director
Alaska Department of Natural Resources
Division of Parks and Outdoor Recreation
550 West 7th Avenue, Suite 1380
Anchorage, AK 99501
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David Griffin
Project Coordinator
Alaska Department of Natural Resources
Division of Parks and Outdoor Recreation
550 West 7th Avenue, Suite 1380
Anchorage, AK 99501
Alison Eskelin
Area Ranger
Alaska Department of Natural Resources
Division of Parks and Outdoor Recreation
PO Box 1822
Dillingham, AK 99576
Kristin Schubert
Commission Section Manager
Regulatory Commission of Alaska
701 W 8th Ave, Suite 300
Anchorage, AK 99501
Bryan Carey
Hydroelectric Project Manager
Alaska Energy Authority
813 W. Northern Lights Boulevard
Anchorage, AK 99503
Bryce Edgmon
Representative
Alaska House of Representatives
State Capitol, Room 416
Juneau, AK 99801
Lyman Hoffman
Senator
Alaska Senate
State Capitol, Room 518
Juneau, AK 99801
Norman Van Vactor
President & CEO
Bristol Bay Economic Development Corp.
PO Box 1464
Dillingham, AK 99576
Andy Hall
Director
Bristol Bay Borough Chamber of
Commerce
PO Box 224
King Salmon, AK 99613
Tod Larson, City Manager
City of Dillingham
PO Box 889
Dillingham, AK 99576
Janice Shilanski
City of Dillingham
Historic Preservation Commission
PO Box 889
Dillingham, AK 99576
Sonja Marx, Librarian
Dillingham Library
306 D Street West
Dillingham, AK 99576
Kay Andrews
Mayor of Aleknagik
PO Box 87
Aleknagik, AK 99555
Clarks Point Village Council
PO Box 90
Clarks Point, AK 99569
Richard King
Ekwok Village Council
PO Box 70
Ekwok, AK 99580
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Luki Akelkok
Ekwok Village Council
PO Box 70
Ekwok, AK 99580
Lorraine King
Ekwok Village Council
PO Box 70
Ekwok, AK 99580
Sylvia Kazimirowicz
Ekwok Village Council
PO Box 70
Ekwok, AK 99580
Stuyahok Ltd.
PO Box 50
New Stuyahok, AK 99636
Manokotak Village Council
PO Box 169
Manokotak, AK 99628
Herman Nelson
Koliganek Natives Limited
Koliganek, AK 99576
Portage Creek Village Council
1762 Abbott Road
Anchorage, AK 99507
Margie Aloysius
EPA/IGAP Coordinator
Aleknagik Traditional Council
PO Box 115
Aleknagik, AK 99555
Bobby Andrew
President
Aleknagik Natives Limited
PO Box 1630
Dillingham, AK 99576
Ralph Anderson
CEO
Bristol Bay Native Association
PO Box 310
Dillingham, AK 99576
Jason Metrokin
President & CEO
Bristol Bay Native Corporation
111 W 16th Avenue, Suite 400
Anchorage, AK 99501
Gayla Hoseth
Director of Natural Resources
Bristol Bay Native Association
PO Box 310
Dillingham, AK 99576
Cameron Poindexter
President & CEO
Choggiung Limited
PO Box 330
Dillingham, AK 99576
Courtenay Carty
Tribal Administrator
Curyung Tribal Council
PO Box 216
Dillingham, AK 99576
New Koliganek Village Council
PO Box 5057
Koliganek, AK 99576
New Stuyahok Traditional Council
PO Box 49
New Stuyahok, AK 99636
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Levelock Village Council
PO Box 70
Levelock, AK 99625
Aleknagik Traditional Council
PO Box 115
Aleknagik, AK 99555
Alaska Historical Society
PO Box 100299
Anchorage, AK 99510-0299
Crystal Enkvist
Alaska Power Association
703 West Tudor Road, Suite 200
Anchorage, AK 99503
Mike Rovito
Deputy Director
Alaska Power Association
703 West Tudor Road, Suite 200
Anchorage, AK 99503
Brent Petrie
Alaska Village Electric Cooperative
4831 Eagle Street
Anchorage, AK 99503
Anna Sattler
Alaska Village Electric Cooperative
4831 Eagle Street
Anchorage, AK 99503
TDX Power
615 East 82nd Avenue, Suite 200
Anchorage, AK 99518
The Nature Conservancy
715 L Street, Suite 100
Anchorage, AK 99501
Jan Konigsberg
Director
The Natural Heritage Institute
7511 Labrador Circle
Anchorage, AK 99502
Bud Hodson
Owner
Tikchik Narrows Lodge
PO Box 220507
Anchorage, AK 99522
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APPENDIX A
STUDY PLAN CRITERIA
18 CFR Section 5.9(b)
Any information or study request must contain the following:
1. Describe the goals and objectives of each study proposal and the information to be
obtained;
2. If applicable, explain the relevant resource management goals of the agencies or
Alaskan Natives with jurisdiction over the resource to be studied;
3. If the requester is not a resource agency, explain any relevant public interest
considerations in regard to the proposed study;
4. Describe existing information concerning the subject of the study proposal, and
the need for additional information;
5. Explain any nexus between project operations and effects (direct, indirect, and/or
cumulative) on the resource to be studied, and how the study results would inform the
development of license requirements;
6. Explain how any proposed study methodology (including any preferred data
collection and analysis techniques, or objectively quantified information, and a schedule
including appropriate filed season(s) and the duration) is consistent with generally
accepted practice in the scientific community or, as appropriate, considers relevant tribal
values and knowledge; and
7. Describe considerations of level of effort and cost, as applicable, and why
proposed alternative studies would not be sufficient to meet the stated information needs.
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APPENDIX B
NUYAKUK RIVER PROJECT PROCESS PLAN AND SCHEDULE
Shaded milestones are unnecessary if there are no study disputes. If the due date
falls on a weekend or holiday, the due date is the following business day. Early filings or
issuances will not result in changes to these deadlines. In the preliminary schedule
provided in the PAD, Nushagak Cooperative proposes to complete various milestones
ahead of the schedule provided below. Based on Commission staff’s experience, their
projected schedule may not be reasonable. Therefore, Commission staff modified the
process plan to be consistent with the Commission’s regulations and Commission’s staff
experience in implementing the ILP.
Responsible
Party Pre-Filing Milestone Date FERC
Regulation
Nushagak
Cooperative NOI/PAD filed 10/7/19 5.5, 5.6
FERC Tribal Meetings, if needed TBD 5.7
FERC Issue Notice of Commencement of
Proceeding and Scoping Document 1 11/11/19 5.8
FERC Scoping Meetings and Project Site Visit 12/11/19 5.8(b)(viii)
All
Stakeholders
File Comments on PAD/Scoping
Document 1 and Study Requests 2/4/20 5.9
FERC Issue Scoping Document 2 (if necessary) 3/20/20 5.10
Nushagak
Cooperative File Proposed Study Plan 3/20/20 5.11(a)
All
Stakeholders Proposed Study Plan Meeting 4/19/20 5.11(e)
All
Stakeholders File Comments on Proposed Study Plan 6/18/20 5.12
Nushagak
Cooperative File Revised Study Plan 7/18/20 5.13(a)
All
Stakeholders File Comments on Revised Study Plan 8/2/20 5.13(b)
FERC Issue Director's Study Plan Determination 8/17/20 5.13(c)
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Responsible
Party Pre-Filing Milestone Date FERC
Regulation
Mandatory
Conditioning
Agencies
File Any Study Disputes 9/6/20 5.14(a)
Dispute Panel Select Third Dispute Resolution Panel
Member 9/21/20 5.14(d)
Dispute Panel Convene Dispute Resolution Panel 9/26/20 5.14(d)(3)
Nushagak
Cooperative File Comments on Study Disputes 10/1/20 5.14(i)
Dispute Panel Dispute Resolution Panel Technical
Conference 10/6/20 5.14(j)
Dispute Panel Issue Dispute Resolution Panel Findings 10/26/20 5.14(k)
FERC Issue Director's Study Dispute
Determination 11/15/20 5.14(l)
Nushagak
Cooperative First Study Season 5.15(a)
Nushagak
Cooperative File Initial Study Report 8/17/21 5.15(c)(1)
All
Stakeholders Initial Study Report Meeting 9/1/21 5.15(c)(2)
Nushagak
Cooperative File Initial Study Report Meeting Summary 9/16/21 5.15(c)(3)
All
Stakeholders
File Disagreements/Requests to Amend
Study Plan 10/16/21 5.15(c)(4)
All
Stakeholders
File Responses to
Disagreements/Amendment Requests 11/15/21 5.15(c)(5)
FERC Issue Director's Determination on
Disagreements/Amendments 12/15/21 5.15(c)(6)
Nushagak
Cooperative Second Study Season 5.15(a)
Nushagak
Cooperative File Updated Study Report 8/17/22 5.15(f)
All
Stakeholders Updated Study Report Meeting 9/1/22 5.15(f)
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Responsible
Party Pre-Filing Milestone Date FERC
Regulation
Nushagak
Cooperative
File Updated Study Report Meeting
Summary 9/16/22 5.15(f)
All
Stakeholders
File Disagreements/Requests to Amend
Study Plan 10/16/22 5.15(f)
All
Stakeholders
File Responses to
Disagreements/Amendment Requests 11/15/22 5.15(f)
FERC Issue Director's Determination on
Disagreements/Amendments 12/15/22 5.15(f)
Nushagak
Cooperative
File Preliminary Licensing Proposal (or
Draft License Application) 1/24/23 5.16(a)-(c)
All
Stakeholders
File Comments on Preliminary Licensing
Proposal (or Draft License Application) 4/4/23 5.16(e)
Nushagak
Cooperative
File Final License Application 6/23/23 5.17
Nushagak
Cooperative
Issue Public Notice of Final License
Application Filing 7/7/23 5.17(d)(2)
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Document Content(s)
P-14873-001 SD1.PDF...................................................1-35
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