Loading...
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