HomeMy WebLinkAboutPart 3 Permits and Support
141 FERC ¶ 62,054
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Whitestone Power and Communications Project No. 13305-004
ORDER ISSUING PILOT PROJECT LICENSE
(MINOR PROJECT)
(October 19, 2012)
INTRODUCTION
1. On April 17, 2012, Whitestone Power and Communications (Whitestone or
applicant) filed, pursuant to Part I of the Federal Power Act (FPA),1 an application for a
five-year original license to construct, operate, and maintain its proposed Whitestone
Poncelet2 River-In-Stream-Energy-Conversion (RISEC) Pilot Project No. 13305
(Whitestone Project or project). The 100-kilowatt (kW) hydrokinetic project will be
located on the Tanana River3 at its confluence with the Delta River, near the town of
Delta Junction in Alaska. The project will not occupy federal lands.
2. Commission staff developed the hydrokinetic pilot project licensing process from
the Integrated Licensing Process to meet the needs of entities, such as Whitestone, who
are interested in testing new hydropower technologies while minimizing the risk of
adverse environmental impacts. The goal of the process is to allow developers to test
new hydrokinetic technologies, to determine appropriate sites for these technologies, and
to confirm the technology’s environmental and other effects without compromising the
Commission’s oversight of the projects and limiting agency and stakeholder input.
1 16 U.S.C. §§ 791(a) – 825(r) (2006).
2 The project would use a Poncelet water wheel, which is a type of undershot
water wheel (i.e., rotated by water striking blades at the bottom of the wheel) with curved
blades.
3 The Tanana River is a navigable waterway of the United States. See
Navigability Status Report: Yukon and Tanana Rivers, Alaska, issued October 15, 2012.
Therefore, section 23(b)(1) of the Federal Power Act, 16 U.S.C. § 817(1) (2006), requires
the project to be licensed.
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3. As outlined in the Commission staff’s pilot project licensing process white paper,4
a pilot project should be: (1) small; (2) short term; (3) located in environmentally non-
sensitive areas; (4) removable and able to be shut down on short notice; (5) removed,
with the site restored, before the end of the license term (unless a new license is granted);
and (6) initiated by a draft application in a form sufficient to support environmental
analysis. Whitestone’s proposal complies with the guidelines set forth in the white paper.
4. As discussed below, this order issues a pilot project license for the Whitestone
Project.
BACKGROUND
5. On May 2, 2012, the Commission issued a public notice that was published in the
Federal Register accepting Whitestone’s application for filing, soliciting motions to
intervene and protests, indicating the application was ready for environmental analysis,
and soliciting comments, recommendations, terms and conditions, and fishway
prescriptions.5 The notice set June 1, 2012, as the deadline for filing motions to
intervene, comments, recommendations, terms and conditions, and fishway prescriptions.
The Alaska Department of Fish and Game (Alaska DFG) filed a motion to intervene;6 no
interventions in opposition were filed. The U.S. Department of the Interior, on behalf of
the National Park Service (NPS), filed comments and recommendations.
6. An Environmental Assessment (EA) was prepared by Commission staff and issued
on July 27, 2012, analyzing the impacts of the proposed project and the alternatives to it.
7. The National Marine Fisheries Service (NMFS) filed comments on the EA. The
intervention, comments, and recommendations have been fully considered in determining
whether, and under what conditions, to issue this license.
4 See FERC, Federal Energy Regulatory Commission Licensing Hydrokinetic Pilot
Projects, available at http://www.ferc.gov/industries/hydropower/gen-
info/licensing/hydrokinetics/pdf/white_paper.pdf (issued April 14, 2008).
5 77 Fed. Reg. 27757 (May 11, 2012).
6 Under Rule 214(a) of the Commission’s Rules of Practice and Procedure, Alaska
DFG became a party to the proceeding upon timely filing of its motion to intervene. 18
C.F.R. §385.214(a) (2012).
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PROJECT DESCRIPTION
A. Project Area
8. The project will be located on the Tanana River at river mile 361 at its confluence
with the Delta River approximately 90 miles southeast of Fairbanks, Alaska. The Tanana
River flows northwest from its headwaters at the confluence of the Chisana and Nabesna
Rivers in eastern Alaska near the Canadian border and empties into the Yukon River 515
miles downstream near the town of Tanana. The project area is forested and
undeveloped, with the exception of the nearby agricultural communities of Whitestone,
located 0.7 mile west of the project; Big Delta, located 0.7 mile southeast of the project;
and Delta Junction, located 9 miles south of the project on the Delta River.
B. Project Facilities
9. The Whitestone Project will use the natural flow of the Tanana River to generate
electricity via a water wheel/generator unit mounted on a floating platform. The Poncelet
undershot water wheel will capture energy from the downstream flow of the water. The
floating platform will be moored to the base of a rock cliff by a mooring gangway and
three cables connecting the floating platform to the shore.
10. The project will consist of: (1) a 12-foot-wide, 16-foot-diameter Poncelet
undershot water wheel with a 100-kW turbine/generator unit mounted on; (2) a 34-foot-
long, 19- to 24-foot-wide, aluminum-frame floating platform mounted on; (3) two, 34-
foot-long, 3.0- to 3.5-foot-diameter high-density-polyethylene (HDPE) pontoons
connected to (4) a 33-foot-long, 3.5-foot-wide access bridge; (5) three anchoring cables
including: (a) a 30-foot-long primary safety tether, (b) a 117-foot-long primary cable,
and (c) a 100-foot-long secondary cable; (6) a debris deflection cone installed on the
upstream side of the floating platform to direct floating debris away from the pontoons
supporting the floating platform; (7) an approximately 900-foot-long, 480-volt armored
and insulated transmission cable routed from the floating platform to intertie with an
existing 14.4-kilovolt (kV) Golden Valley Electric Association (GVEA) distribution line;
(8) a temporary construction area7 including two 8-foot-wide, 40-foot-long connex8
7 The temporary construction area will be located on the opposite side of the river
from the deployment site of the floating platform. The temporary construction area will
also include an assembly area and an earthen ramp, consisting of a section of river bank
smoothed with a backhoe each spring and fall to facilitate launching the floating
platform.
8 Connex containers are portable rectangular metal storage containers that require
no foundations or structural assembly.
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storage containers; and (9) appurtenant facilities for navigation safety and operation. The
pilot project is estimated to have an annual generation of 217 megawatt-hours (MWh).
C. Project Boundary
11. The project boundary encloses the floating platform, all anchoring cables, the
access bridge, the transmission line, the temporary construction area, and the earthen
ramp. The project boundary includes approximately 12.49 acres of land and water,
entirely owned by the State of Alaska.
D. Proposed Project Installation and Operation
12. After ice-out, generally in April of each deployment year, the water wheel,
floating platform, and access bridge will be assembled at the temporary construction site,
launched using the earthen ramp, and conveyed across the Tanana River by boat(s) to the
installation site on the opposite shore. The access bridge will be bolted into a rock bluff
with steel cables and the floating platform supporting the water wheel will be attached to
the access bridge. The flow of the Tanana River will rotate the water wheel attached to
the generator on the floating platform, producing electricity that will be conveyed to the
existing GVEA grid.
13. The floating platform and water wheel will be removed before ice builds up in the
river, generally in October. Whitestone will disassemble the floating platform, water
wheel, and access bridge and store these project components in the two connex
containers. Routine maintenance will occur when the floating platform, water wheel, and
access bridge have been brought ashore and disassembled, typically between October and
April.
14. Whitestone will remotely control routine project operation via an electronic
control center on the floating platform. The water wheel is designed for a maximum
speed of 16 feet per second (fps), with measurable power output at a water speed of
approximately 3 fps. Below the speed required for the water wheel to produce power,
on-board controls will prevent the project from drawing power from the grid. A
supervisory control and data acquisition system (SCADA) will be installed on the
floating platform to provide round-the-clock, real-time information from onboard sensors
to Whitestone personnel, including load, voltage and current outputs, and turbine speed.
Whitestone personnel will remotely start, adjust, or stop turbine operation through
additional electronic controls.
E. Proposed Project Maintenance
15. Whitestone will carry out as part of its Project Safety Plan both daily inspections
and remote monitoring for the deployment period during the first year of operation. An
automated telephone/text notification system will notify Whitestone personnel if the
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SCADA system records abrupt changes in operation that may signal a need for
maintenance. The automated notification system will also notify Whitestone personnel if
the positional monitoring unit indicates floating platform movement, signaling a needed
mooring repair. Whitestone personnel will be able to visually inspect the floating
platform for debris buildup or other threats that require immediate maintenance attention
with surveillance cameras on the floating platform.
16. Minor maintenance to the water wheel and other on-board project facilities will be
carried out on the floating platform. For significant repairs, the project will be removed
from the water and maintenance will be carried out onshore. All scheduled maintenance
and important device repairs will be documented, and summaries of the daily inspections
will be filed with the Commission at the end of each operating season. These reports will
include a characterization of the total downtime during the season, the causes for the lost
operational time, and proposals, including any necessary safety measures or operational
changes, for operation in subsequent years.
F. Proposed Safety Plans
17. To ensure safe management, operation, and maintenance of the project,
Whitestone will implement plans that include: (1) a Project Safety Plan, (2) a Facility
Failure Safety Plan, and (3) an Emergency Response Plan. In addition, Whitestone will
implement an Emergency Shutdown and Removal Plan that includes procedures for the
shutdown of the water wheel and removal of the project in response to an emergency that
would require complete removal of the project prior to the end of the license term. The
Emergency Shutdown and Removal Plan also addresses the pilot project license
requirement that the licensee remove the project and restore the site at the end of the
license term if a new license is not sought or obtained.
G. Proposed Environmental Measures
18. Whitestone proposes the following environmental measures: (1) siting the floating
platform to avoid impacts to anadromous fish spawning habitat; (2) designing the project
to avoid impacts to migrating and spawning anadromous fish (e.g., small scale, shallow
depth, small blade size relative to the cross-sectional area of the river, slow water wheel
velocities, a short three-year deployment period, and no underwater electromagnetic
equipment); (3) placing the transmission line on the ground within an armored casing to
minimize soil and vegetation disturbance; (4) using natural, muted colors for all
components of the floating platform, water wheel, and the connex containers, and
avoiding reflective materials and highly contrasting colors in the design of the floating
platform to reduce the visual effects of the project; (5) implementing the safeguard plans,
including the Project Safety Plan, Facility Failure Safety Plan, and Emergency Response
Plan, to ensure worker safety, detect and address mooring system failure, ensure a prompt
and efficient response to emergencies, and provide for remote and on-site monitoring of
project facilities; (6) implementing the Project Removal Plan to shut down the project
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and remove it from the river each fall; (7) implementing the Emergency Shutdown and
Removal Plan to expeditiously remove all project structures from the river, as needed to
protect navigation or environmental resources, and to restore the deployment site after
removal; (8) implementing the Navigation Safety Plan, installing signs and lights on the
floating platform, and installing signs upstream and downstream of the project to warn
boaters of the navigation obstruction; (9) limiting facility lighting to that needed for
demarcation and safety purposes to minimize the visual effects of the project; and (10)
implementing an Environmental Monitoring Plan that includes noting any effects on river
bed soils or geology, fish interactions with the water wheel, the presence of piscivorous
birds attracted to injured or killed fish, the type and density of boat traffic on the river,
and any boat interactions with the floating platform.
SUMMARY OF LICENSE REQUIREMENTS
19. As summarized below, this license, which authorizes 100 kW of renewable
energy, requires a number of measures to protect and enhance fish, wildlife, recreation,
navigation, aesthetics, and cultural resources at the project.
20. To ensure safe management, operation, and maintenance of the project, the license
requires Whitestone to implement its proposed Project Safety Plan, Facility Failure
Safety Plan, Emergency Response Plan, and Project Removal Plan.
21. To warn boaters of the project’s presence on the river, the license requires
Whitestone to implement its proposed Navigation Safety Plan. The license also requires
Whitestone to install staff-recommended additional signage with Whitestone’s contact
information at the Richardson Highway Bridge9 to provide additional warning and inform
boaters about the purpose and location of the project. The license also requires
Whitestone to implement its proposed Emergency Shutdown and Removal Plan.
22. To protect fishery resources in the Tanana River, the license requires Whitestone
to implement its proposed Environmental Monitoring Plan with staff-recommended
modifications to the plan’s notification and reporting procedures.
23. To protect nesting peregrine falcons in the project area, the license requires
Whitestone to implement staff’s recommendation to deploy the project before April 15 or
after May 15 each year.
24. To protect aesthetic resources, the license requires Whitestone to use natural,
muted colors for all project components, and avoid the use of reflective materials and
9 The Richardson Highway Bridge crosses the Tanana River approximately 0.3
mile upstream of the project deployment site.
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highly contrasting colors in the design of the floating platform, as proposed. The license
also requires Whitestone to position the connex containers to minimize their visibility
from the Richardson Highway Bridge.
25. To protect cultural resources, the license requires Whitestone to consult with the
Alaska State Historic Preservation Officer (Alaska SHPO) on unanticipated discoveries
of cultural resources.
WATER QUALITY CERTIFICATION
26. Under section 401(a)(1) of the Clean Water Act (CWA),10 the Commission may
not issue a license authorizing the construction or operation of a hydroelectric project
unless the state water quality certifying agency either has issued water quality
certification for the project or has waived certification by failing to act on a request for
certification within a reasonable period of time, not to exceed one year. Section 401(d)
of the CWA provides that the certification shall become a condition of any federal license
that authorizes construction or operation of the project.11
27. On May 20, 1999, the Alaska Department of Environmental Conservation filed a
letter with the Commission waiving all water quality certifications for FERC
jurisdictional hydroelectric projects. As a result, the certification for the proposed
Whitestone Project is considered to be waived.
COASTAL ZONE MANAGEMENT ACT
28. Under section 307(c)(3)(A) of the Coastal Zone Management Act (CZMA),12 the
Commission cannot issue a license for a project within or affecting a state’s coastal zone
unless the state CZMA agency concurs with the license applicant’s certification of
consistency with the state’s CZMA program, or the agency’s concurrence is conclusively
presumed by its failure to act within six months of its receipt of the applicant’s
certification.
29. In 2011, the State of Alaska withdrew from participation in the CZMA’s National
Coastal Management Program.13 Therefore, the CZMA federal consistency provision
does not currently apply in Alaska.
10 33 U.S.C. § 1341(a)(1) (2006).
11 33 U.S.C. § 1341(d) (2006).
12 16 U.S.C. § 1456(c)(3)(A) (2006).
13 See 76 Fed. Reg. 39,857-39,858 (July 7, 2011).
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SECTION 18 FISHWAY PRESCRIPTION
30. Section 18 of the FPA14 provides that the Commission shall require the
construction, maintenance, and operation by a licensee of such fishways as may be
prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate.
No fishway prescriptions or reservations of authority were filed under section 18 of the
FPA.
ESSENTIAL FISH HABITAT
31. Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and
Management Act15 requires federal agencies to consult with the Secretary of Commerce
regarding any action or proposed action authorized, funded, or undertaken by the agency
that may adversely affect Essential Fish Habitat (EFH) identified under the Act. Under
section 305(b)(4)(A) of the Magnuson-Stevens Act, NMFS is required to provide EFH
Conservation Recommendations for actions that would adversely affect EFH.16 Under
section 305(b)(4)(B) of the Act, an agency must, within 30 days after receiving
recommended conservation measures from NMFS or a Regional Fishery Management
Council, describe the measures proposed by the agency for avoiding, mitigating, or
offsetting the effects of the agency's activity on EFH.17, 18
32. The Tanana River in the project area provides high-priority spawning and
migration habitat for three species of anadromous Pacific salmonids (chum, coho, and
Chinook salmon) and is designated EFH for various life history stages of those species.
By letter dated July 27, 2012, Commission staff informed NMFS of staff’s conclusion
that licensing the project, with staff’s recommended measures, may adversely affect EFH.
With the same letter, staff requested that NMFS file any EFH conservation
recommendations within 30 days of receiving the letter. By letters filed September 4 and
14, 2012, NMFS responded that staff’s EA for the project addresses NMFS’ concerns
previously expressed in an April 4, 2011 filing, and incorporates NMFS’
14 16 U.S.C. § 811 (2006).
15 16 U.S.C. § 1855(b)(2) (2006).
16 16 U.S.C. § 1855(b)(4)(A) (2006).
17 16 U.S.C. § 1855(b)(4)(B) (2006).
18 The measures recommended by the Secretary of Commerce are advisory, not
prescriptive. However, if the federal agency does not agree with the recommendations of
the Secretary of Commerce, the agency must explain its reasons for not following the
recommendations.
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recommendations for (1) siting the project in consultation with Alaska DFG to minimize
the potential for adverse effects on anadromous salmonids and (2) monitoring for any
salmonid interactions with the project water wheel.
33. Ordering Paragraph (A) of this license authorizes the construction, operation, and
maintenance of the pilot project near the north bank of the confluence of the Tanana and
Delta rivers, as shown in Exhibit G. This site was selected by Whitestone in consultation
with Alaska DFG in part to minimize any adverse effects of project operation on fishery
resources. As discussed more fully below, Article 406 requires Whitestone to implement
an Environmental Monitoring Plan with a provision to monitor for fish interactions with
the project water wheel.
THREATENED AND ENDANGERED SPECIES
34. Section 7(a)(2) of the Endangered Species Act of 197319 requires federal agencies
to ensure that their actions are not likely to jeopardize the continued existence of
federally listed threatened and endangered species, or result in the destruction or adverse
modification of their designated critical habitat.
35. In a letter dated April 27, 2011, included in the application, the U.S. Fish and
Wildlife Service (FWS) stated that there are no threatened or endangered species in the
project area. In a letter filed April 4, 2011, NMFS stated that no threatened and
endangered species under its jurisdiction occur in the project area. Therefore, no further
action under the Endangered Species Act is required.
NATIONAL HISTORIC PRESERVATION ACT
36. Under section 106 of the National Historic Preservation Act (NHPA)20 and its
implementing regulations,21 federal agencies must take into account the effect of any
proposed undertaking on properties listed or eligible for listing in the National Register of
Historic Places (defined as historic properties) and afford the Advisory Council on
Historic Preservation a reasonable opportunity to comment on the undertaking. This
generally requires the Commission to consult with the State Historic Preservation Officer
(SHPO) to determine whether and how a proposed action may affect historic properties,
and to seek ways to avoid or minimize any adverse effects.
19 16 U.S.C. § 1536(a) (2006).
20 16 U.S.C. § 470 et seq. (2006).
21 36 C.F.R. Part 800 (2012).
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37. The project area was previously inventoried for cultural resources in 2008 when
GVEA proposed to construct a power line for the Whitestone Community, about 0.7 mile
west of the project deployment site. For the Whitestone Project, the applicant consulted
with the Alaska SHPO, and provided the SHPO with the 2008 GVEA cultural resources
report that covered the Whitestone Project Area of Potential Effect. On May 5, 2010,22
the Alaska SHPO responded that no historic properties would be affected by the proposed
project. In the EA,23 staff concurred with this finding. Article 412 provides for cultural
resource protection in the event of the discovery of any previously unidentified
archeological or historic properties.
RECOMMENDATIONS OF FEDERAL AND STATE FISH AND WILDLIFE
AGENCIES PURSUANT TO SECTION 10(j) OF THE FPA
38. Section 10(j)(1) of the FPA24 requires the Commission, when issuing a license, to
include conditions based on recommendations by federal and state fish and wildlife
agencies submitted pursuant to the Fish and Wildlife Coordination Act,25 to "adequately
and equitably protect, mitigate damages to, and enhance fish and wildlife (including
related spawning grounds and habitat)" affected by the project. No 10(j)
recommendations were filed for the Whitestone Project.
SECTION 10(a)(1) OF THE FPA
39. Section 10(a)(1) of the FPA26 requires that any project for which the Commission
issues a license shall be best adapted to a comprehensive plan for improving or
developing a waterway or waterways for the use or benefit of interstate or foreign
commerce; for the improvement and utilization of waterpower development; for the
adequate protection, mitigation, and enhancement of fish and wildlife; and for other
beneficial public uses, including irrigation, flood control, water supply, recreation, and
other purposes.
22 See email in Attachment A, Email Communications, of the license application.
23 See EA at 40.
24 16 U.S.C. § 803(j)(1) (2006).
25 16 U.S.C. §§ 661 et seq. (2006).
26 16 U.S.C. § 803(a)(1) (2006).
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A. Environmental Monitoring Plan
40. The Tanana River within the project area provides salmonid spawning and
migration habitat and navigation by boat.27 In the EA,28 Commission staff determined
that project operation would be unlikely to harm migrating juvenile and spawning adult
anadromous fish through blade strike, but it could not be ruled out completely;29 therefore
staff recommended monitoring fish interaction with the turbines. Staff also found that
boats could potentially collide with the floating platform. Staff concluded that
implementing the proposed Environmental Monitoring Plan, with staff-recommended
modifications to the plan’s notification and reporting procedures, would provide a means
to document any potential fish interactions with the water wheel or boat collisions with
the floating platform, and would enable the Commission to determine the appropriateness
of alternative measures or project shutdown to protect fisheries resources and boaters in
the event of unanticipated adverse effects. Specifically, in the EA30 staff recommended
that Whitestone file with the Commission, Alaska DFG, FWS, and NMFS by the 15th of
each month the results of the previous month’s monitoring and any proposals for
modifying project facilities, operation, or commencing the Emergency Shutdown and
Removal Plan, if necessary, to minimize adverse effects on environmental resources or
public safety in the project area. Further, staff recommended that the Environmental
Monitoring Plan include a provision that reserves the Commission’s right to require,
upon review of any monitoring report specified by the plan or any other available
information, temporary project shutdown; changes to project operation, facilities, or the
Environmental Monitoring Plan; or project removal. Therefore, Article 406 requires
Whitestone to implement the proposed Environmental Monitoring Plan,31 with staff-
recommended modifications.
27 Between the hours of 6 a.m. and 8 p.m., the river in the proposed project area is
traveled by approximately one boat (typically, 18- to 24-foot-long outboard-driven boats)
per hour. The boat traffic is primarily commuter traffic, but could also include recreation
uses.
28 See EA at 23 and 26.
29 See EA at 25.
30 See EA at 62.
31 The plan indicates that a consultant will be responsible for conducting the
monitoring, consultation, and reporting under Article 406. The licensee may choose to
use a consultant to carry out this work; however, it is ultimately the licensee’s
responsibility to ensure that monitoring, reporting, and consultation are completed as
required.
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B. Notification of Deviations from License Requirements
41. Whitestone will file monthly reports; however, monthly reporting of monitoring
results and proposed actions may not provide adequate Commission notification and
oversight in the event that a temporary modification to approved project operation or
facilities is necessary. Therefore, Article 407 requires Whitestone to notify the
Commission within 24 hours after any temporary modifications to approved project
operation or facilities that are necessary because of emergency situations, or that are
necessary to protect environmental resources at the project.
C. Peregrine Falcon Nesting
42. A peregrine falcon pair has been documented to nest on the bluff nearly overhead
of the proposed project site on the north side of the river. Noise and human activity
associated with deploying the project in the spring could prevent the pair from
establishing their nest (typically mid-April through mid-May). In the EA,32 staff found
that scheduling project deployment before April 15 or after mid-May would avoid
disturbing falcon nest establishment. Therefore, Article 408 requires Whitestone to
schedule annual project deployment before April 15 or after May 15.
D. Navigation and Boater Safety
43. As noted, the potential exists for boats to collide with the floating platform or
access bridge, especially because visibility of the project site is partially obscured by the
protrusion of the rock bluff immediately upstream of the deployment area. If boaters
unfamiliar with the project (or in poor visibility) travel in the faster water on the north
side of the channel, they could collide with the floating platform or access bridge. To
reduce the potential for collisions with project structures, Whitestone proposes design
features that address boater safety and implementation of a Navigation Safety Plan that
includes installing signs and lights on the floating platform. Whitestone also proposes to
place warning signage upstream and downstream of the project.33
44. In the EA,34 Commission staff found that the provisions of Whitestone’s
Navigation Safety Plan would reduce the potential for boat collisions with the project, but
lacks the filing of annual reports on navigation safety with the Commission and the U.S.
32 See EA at 53.
33 See Exhibit A, section o. Project Operation and Maintenance, of the license
application.
34 See EA at 33-34.
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Coast Guard. Therefore, Article 305 requires Whitestone to file with the Commission an
updated Navigation Safety Plan to include the filing of annual reports.
45. To further enhance safety and educate boaters about the purpose and location of
the project, staff recommended in the EA35 that additional signage be installed upstream
of the project at the public boat launch near the Richardson Highway Bridge. Article 409
requires the installation of this sign. The NPS recommended the installation of a small
sign with contact information on the floating platform. In the EA,36 staff found that this
sign would allow the public to direct questions about the project to Whitestone.
However, because locating the sign on the floating platform could encourage boaters to
come so close to the floating platform as to risk collision, Article 409 requires
Whitestone to include its contact information on the sign at the public boat launch.
E. Aesthetics
46. The Richardson Highway is a designated scenic byway that crosses the Tanana
River. The floating platform and connex containers may be visible from the south end of
the Richardson Highway Bridge and detract from the aesthetics of the scenic byway.
Whitestone proposes using muted colors (e.g., black, grey, or forest green) for all
components of the floating platform and water wheel, and avoiding reflective materials
and highly contrasting colors in the design of the floating platform to reduce the visual
effects of the project. In the EA,37 staff found that this would reduce the visual effect of
the water wheel, floating platform, and connex containers. To further reduce the
project’s effect on aesthetic resources, staff recommended avoiding the use of highly
reflective materials and highly contrasting colors in painting all project facilities,
positioning the connex containers to minimize their visibility from the Richardson
Highway Bridge, and screening the connexes from view with existing vegetation and the
use of natural clearings, if available. Accordingly, Article 411 requires that reflective
materials and highly contrasting colors generally be avoided for all project facilities, the
connexes be positioned in a way that minimizes their visibility from the highway bridge,
and natural clearings and existing vegetation be used to help screen the connexes from
view.
35 See EA at 53.
36 See EA at 53.
37 See EA at 35-36.
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EXEMPTION OF THE FERC FORM 80 RECREATION REPORT
47. The FERC Form 80 Recreation Report (Form 80) collects recreation usage data on
recreation facilities at projects through the term of their licenses. Since the Whitestone
Project has little or no potential for recreation, the licensee is exempt from filing the
Form 80 during the term of this license (Article 410).
ADMINISTRATIVE PROVISIONS
A. Annual Charges
48. The Commission collects annual charges from licensees for administration of the
FPA. Article 201 provides for the collection of funds for administration of the FPA.
Under the regulations currently in effect, projects with authorized installed capacity of
less than or equal to 1,500 kW, like this project, will not be assessed an annual charge.
B. Exhibit F and G Drawings
49. The Commission requires licensees to file sets of approved project drawings on
microfilm and in electronic file format. Article 202 requires the filing of these drawings.
C. Project Financing
50. Article 203 approves the letter of credit covering the entirety of the costs of the
project. To ensure that there are sufficient funds available for project construction,
operation, maintenance, and ultimately its removal, Article 203 requires the licensee to
maintain the letter of credit, surety bond, or equivalent financial instrument to cover the
cost of removing the project.
D. Project Land Rights Progress Report
51. The project will occupy 12.49 acres of state lands and water. Article 5 set forth in
L-Form 14 requires the licensee to acquire title in fee or the right to use in perpetuity all
lands, other than lands of the United States, necessary or appropriate for the construction,
maintenance, and operation of the project, within five years. Whitestone has acquired a
the necessary rights through a State of Alaska Department of Natural Resources permit
that covers the period of July 1, 2011 to June 30, 2016. Because this license expires
September 30, 2017, Whitestone will need to acquire the necessary rights for the
remaining term of the license. In order to monitor compliance with Article 5, Article 204
requires the licensee to file no later than three years after license issuance a report
detailing its progress in acquiring title in fee or the necessary rights to all lands within the
project boundary for the remaining term of the license. The report shall include specific
documentation on the status of the rights that have been acquired as of the filing date of
the progress report, and a plan and schedule to acquire all remaining rights prior to the
expiration of the state permit.
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E. Use and Occupancy of Project Lands and Waters
52. Requiring a licensee to obtain prior Commission approval for every use or
occupancy of project land would be unduly burdensome. Therefore, Article 413 allows
Whitestone to grant permission, without prior Commission approval, for the use and
occupancy of project lands for such minor activities as landscape plantings. Such uses
must be consistent with the purposes of protecting and enhancing the scenic, recreational,
and environmental values of the project.
F. Start of Construction
53. Article 301 requires Whitestone to commence construction of the project works
within two years from the issuance date of the license and complete construction of the
project within five years from the issuance date of the license.
G. Review of Final Plans and Specifications
54. Article 302 requires Whitestone to provide the Commission’s Division of Dam
Safety and Inspections Portland Regional Office (D2SI-PRO) with final contract
drawings and specifications, a quality control and inspection program, a temporary
construction emergency action plan, a soil erosion and sediment control plan, and a
supporting design report consistent with the Commission’s engineering guidelines.
55. Article 303 requires Whitestone to provide the Commission’s D2SI-PRO with
design drawings and specifications and letters of approval for any cofferdams.
56. Where new construction or modifications to the project are involved, the
Commission requires licensees to file revised drawings of project features as built.
Article 304 provides for the filing of these drawings.
H. Annual Performance Report and Certification
57. Article 306 requires Whitestone to submit a report describing the project’s
performance, including the dates the water wheel was installed and removed, the
adequacy of project monitoring and operations, the findings of inspections, and a
summary of the major maintenance and repairs performed during the previous year, to the
Commission’s D2SI-PRO by December 31 of each year.
I. Safety and Operation Plans
58. Article 401 requires Whitestone to implement the Project Safety Plan, filed
April 17, 2012. The plan provides for worker safety during project construction,
operation, and maintenance.
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59. Article 402 requires Whitestone to implement the Facility Failure Safety Plan,
filed April 17, 2012. The plan provides for detecting facility failures (e.g., failure of a
mooring cable).
60. Article 403 requires Whitestone to implement the Emergency Response Plan, filed
April 17, 2012. The plan describes the location and response time of emergency
personnel, outlines the sequence of response actions, describes measures to prevent
unauthorized access to the project, and provides specifications for floating platform
signage warning of electrical, crush, and submerged cable hazards.
61. Article 404 requires Whitestone to implement the Emergency Shutdown and
Removal Plan, filed April 17, 2012. The plan provides for removing the project from the
river in the event of emergency and restoring project lands after final removal. The plan
ensures the protection of the public resource at the end of the license term, if a new
license has not been sought. Article 404 requires additional provisions to the Emergency
Shutdown and Removal Plan to ensure that removal and restoration activities, if
necessary, are completed prior to license expiration. These provisions require
Whitestone to provide the Commission: (1) a detailed timeline for the removal and site
restoration activities at least six months prior to license expiration; (2) documentation of
consultation regarding final removal and site restoration activities; and (3) documentation
of completion of project removal and site restoration activities prior to license expiration.
62. Article 405 requires Whitestone to implement the Project Removal Plan, filed
April 17, 2012. The plan provides for removing the project from the river each fall.
STATE AND FEDERAL COMPREHENSIVE PLANS
63. Section l0(a)(2)(A) of the FPA38 requires the Commission to consider the extent to
which a project is consistent with federal or state comprehensive plans for improving,
developing, or conserving a waterway or waterways affected by the project.39 Under
section 10(a)(2)(A), federal and state agencies filed 67 comprehensive plans that address
various resources in Alaska. Of these, the staff identified and reviewed eight
comprehensive plans that are relevant to this project.40 No conflicts were found.
38 16 U.S.C. § 803(a)(2)(A) (2006).
39 Comprehensive plans for this purpose are defined at 18 C.F.R. § 2.19 (2012).
40 The list of applicable plans can be found in section 5.5 of the EA for the project.
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CONSERVATION EFFORTS
64. Section 10(a)(2)(C) of the FPA41 requires the Commission to consider the
electricity consumption improvement programs of the applicant, including its plans,
performance, and capabilities for encouraging or assisting its customers to conserve
electricity cost-effectively, taking into account the published policies, restrictions, and
requirements of state regulatory authorities. Whitestone will sell the project’s power into
the existing GVEA grid. GVEA is an electric cooperative that provides power to 100,000
residents in the interior of Alaska.42
65. Given the limits of its ability to influence users of the electricity generated by the
project, Whitestone meets the requirements of section 10(a)(2)(C) of the FPA.
SAFE MANAGEMENT, OPERATION, AND MAINTENANCE OF THE
PROJECT
66. Staff reviewed Whitestone’s preliminary plans to build the project as described in
the license application. The project will be safe when constructed, operated, and
maintained in accordance with the Commission’s standards and provisions of this license.
NEED FOR POWER
67. To assess the need for power, staff looked at the needs in the operating region in
which the project will be located. The project will be located in the service area of
GVEA.43 GVEA is one of six regulated public utilities in the Railbelt Region, which
extends from Fairbanks to Anchorage and the Kenai Peninsula. The northern section of
the Railbelt Region, where the project will be located, relies primarily on petroleum fuels,
with additional generation provided by natural gas, coal, and hydroelectric facilities.
According to GVEA, winter peak demand for the GVEA service area is expected to
increase at an average rate of 0.75 percent per year from 2015 to 2025. Although the
project, as proposed, will help meet a portion of this demand, the project’s primary
purpose is to demonstrate the potential of an emergent renewable energy industry
segment with the goal of bringing clean, competitively priced electricity to consumers in
Alaska and other states. The future use of the project’s power and its contribution to a
41 16 U.S.C. § 803(a)(2)(C) (2006).
42 See www.GVEA.com.
43 The project does not fall within a North American Electric Reliability Council
region; therefore, statistics for energy consumption and projected capacity needs were
obtained from GVEA, the U.S. Energy Information Administration, and the Alaska
Energy Authority.
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Project No. 13305-004 - 18 -
diversified generation mix demonstrate that the project will help meet a need for power in
the region.
PROJECT ECONOMICS
68. In determining whether to issue a license for an original hydrokinetic pilot project,
the Commission considers a number of public interest factors, including the economic
benefits of project power. Under the Commission’s approach to evaluating the
economics of hydropower projects, as articulated in Mead Corp.,44 the Commission uses
current costs to compare the costs of the project and likely alternative power with no
forecasts concerning potential future inflation, escalation, or deflation beyond the license
issuance date. The basic purpose of the Commission’s economic analysis is to provide a
general estimate of the potential power benefits and the costs of a project, and of
reasonable alternatives to project power. The estimate helps to support an informed
decision concerning what is in the public interest with respect to a proposed license.
69. In applying this analysis to the Whitestone Project, two options were considered:
Whitestone’s proposal and the project as licensed herein. As proposed by Whitestone,
the levelized annual cost of operating the Whitestone Project is $121,260, or
$558.79/megawatt-hour (MWh). The proposed project would generate an estimated
average of 217 MWh of energy annually. When we multiply our estimate of average
generation by the alternative power cost of $50/MWh,45 staff gets a total value of the
project power of $10,850 in 2012 dollars. To determine whether the proposed project is
currently economically beneficial, staff subtracts the project’s cost from the value of the
project’s power.46 Therefore, in the first year of operation, the project would cost
$110,410, or $508.79/MWh, more than the cost of alternative power.
70. As licensed herein with the staff measures, the levelized annual cost of operating
the project would be about $121,310, or $559.03/MWh. Based on an estimated average
generation of 217 MWh as licensed, the project would produce power valued at $10,850
when multiplied by the $50/MWh value of the project’s power. Therefore, in the first
year of operation, project power cost $110,460, or $509.03/MWh, more than the cost of
alternative power.
44 Mead Corp., 72 FERC ¶ 61,027 (1995) (Mead Corp.).
45 The alternative power cost of $50/MWh was provided by the applicant as a cost
of replacement power in the project area.
46 Details of staff’s economic analysis for the project as licensed herein and for
various alternatives are included in the EA issued July 27, 2012.
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Project No. 13305-004 - 19 -
71. Although our analysis shows that the project as licensed herein would cost more to
operate than our estimated cost of alternative power, it is the applicant who must decide
whether to accept this license and any financial risk that entails.
72. Although staff does not explicitly account for the effects that inflation may have
on the future cost of electricity, the fact that hydropower generation is relatively
insensitive to inflation compared to fossil-fueled generators is an important economic
consideration for power producers and the consumers they serve. This is one reason
project economics is only one of the many public interest factors the Commission
considers in determining whether or not, and under what conditions, to issue a license.
COMPREHENSIVE DEVELOPMENT
73. Sections 4(e) and 10(a)(1) of the FPA require the Commission to give equal
consideration to the power development purposes and to the purposes of energy
conservation; the protection, mitigation of damage to, and enhancement of fish and
wildlife; the protection of recreational opportunities; and the preservation of other aspects
of environmental quality. Any license issued shall be such as in the Commission's
judgment will be best adapted to a comprehensive plan for improving or developing a
waterway or waterways for all beneficial public uses. The decision to license this project,
and the terms and conditions included herein, reflect such consideration.
74. The EA for the project contains background information, analysis of effects, and
support for related license articles. Based on the record of this proceeding, including the
EA and the comments thereon, licensing the Whitestone Project as described in this order
would not constitute a major federal action significantly affecting the quality of the
human environment. The project will be safe if operated and maintained in accordance
with the requirements of this license.
75. Based on staff’s independent review and evaluation of the Whitestone Project,
recommendations from the resource agencies and other stakeholders, and the no-action
alternative, as documented in the EA, I have selected the proposed Whitestone Project,
with the staff-recommended measures, and find that it is best adapted to a comprehensive
plan for improving or developing the Tanana River.
76. This alternative is being selected because: (1) issuing a pilot project license will
allow Whitestone to test the generating equipment’s dependability as a source of
electrical energy for the region; (2) the 100 kW of electric energy generated during the
five-year pilot project license will come from a renewable resource, which will not
contribute to atmospheric pollution; (3) the required environmental measures will protect
fish and wildlife resources, recreational and aesthetic resources, navigation, and historic
properties; and (4) the monitoring required for the project will provide an improved
understanding of the environmental effects of river energy projects that will be
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Project No. 13305-004 - 20 -
instrumental in assessing the potential effects of future projects of this type and
identifying measures to minimize adverse environmental effects.
LICENSE TERM
77. A five-year license is being issued for the Whitestone Project. Although the FPA
establishes that the maximum license term length the Commission can set is 50 years, the
FPA does not establish a minimum license term for original projects. Because
Whitestone requested a five-year license term, and because the project is a small-scale
pilot project meant to demonstrate the generating potential of a new technology, a five-
year license is appropriate.
The Director orders:
(A) This license is issued to Whitestone Power and Communications, for a period
of five years, effective the first day of the month in which this order is issued, to
construct, operate, and maintain the Whitestone Poncelet River-In-Stream-Energy-
Conversion Project. This license is subject to the terms and conditions of the Federal
Power Act (FPA), which is incorporated by reference as part of this license, and subject
to the regulations the Commission issues under the provisions of the FPA.
(B) The project consists of:
(1) All lands, to the extent of the licensee's interests in those lands, enclosed by the
project boundary shown by Exhibit G filed April 17, 2012:
Exhibit G Drawing FERC No. 13305- Description
Sheet G-1 8 Overall Site Plan
Sheet G-2 9 Pontoon/ Turbine Support Site
Sheet G-3 10 Overland Power Transmission
Line
(2) Project works consisting of: (a) a 12-foot-wide, 16-foot-diameter Poncelet
undershot water wheel with a 100-kilowatt turbine/generator unit mounted on a floating
platform; (b) a 34-foot-long, 19- to 24-foot-wide, aluminum-frame floating platform
mounted on a 34-foot-long, 3.5-foot-diameter high-density-polyethylene (HDPE)
pontoon and a 34-foot-long, 3-foot-diameter HDPE pontoon; (c) an approximately 33-
foot-long, 3.5-foot-wide access bridge; (d) anchoring cables including: (i) a 30-foot-long
primary safety tether, (ii) a 117-foot-long primary cable, and (iii) a 100-foot-long
secondary cable; (e) a debris deflection cone installed on the upstream side of the floating
platform; (f) an approximately 900-foot-long, 480-volt armored and insulated
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Project No. 13305-004 - 21 -
transmission cable, leading to a step-up transformer at the interconnection with an
existing 14.4-kilovolt GVEA distribution line; (g) an approximately 0.1-acre temporary
construction area containing two 8-foot-wide, 40-foot-long connex storage containers;
and (h) appurtenant facilities.
The project works generally described above are more specifically shown and
described by those portions of Exhibits A and F shown below:
Exhibit A: The following sections of Exhibit A filed on April 17, 2012:
Section 1, entitled "Project Description and Overview", page 1 and pages 7
through 11, describing the mechanical, electrical, and transmission equipment within the
application for license.
Exhibit F: The following Exhibit F drawings filed on April 17, 2012:
FERC No.
Exhibit F Drawing 13305- Description
Sheet F-1 1 Anchor Cable Elevation
Sheet F-2 2 Anchor Cable Plans (Exhibit F – Page
12)
Sheet F-3 3 Scale Drawing of Project Facilities
(Exhibit F – Page 12)
Sheet F-4 4 Craft Front View
Sheet F-5 5 Craft Isometric View
Sheet F-6 6 Craft Right View
Sheet F-7 7 Craft Top View
(3) All of the structures, fixtures, equipment or facilities used to operate or
maintain the project, all portable property that may be employed in connection with the
project, and all riparian or other rights that are necessary or appropriate in the operation
or maintenance of the project.
(C) The Exhibits A, F, and G described above are approved and made part of the
license.
(D) The following sections of the FPA are waived and excluded from the license
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Project No. 13305-004 - 22 -
for this minor project:
4(b), except the second sentence; 4(e), insofar as it relates to approval of plans by
the Chief of Engineers and the Secretary of the Army; 6, insofar as it relates to the
acceptance and expression in the license of terms and conditions of the FPA that are
waived here; 10(c), insofar as it relates to depreciation reserves; 10(d); 10(f); 14, except
insofar as the power of condemnation is reserved; 15; 16; 19; 20; and 22.
(E) This license is subject to the articles set forth in Form L-14 (October 1975),
entitled, “Terms and Conditions of License for Unconstructed Minor Project Affecting
Navigable Waters of the United States” (see 54 F.P.C. 1799 et seq.) and the following
additional articles:
Article 201. Administrative Annual Charges. The licensee shall pay the United
States annual charges, effective as of the date of commencement of project construction
and as determined in accordance with the provisions of the Commission's regulations in
effect from time to time for the purpose of reimbursing the United States for the cost of
administration of Part 1 of the Federal Power Act. The authorized installed capacity for
that purpose is 100 kilowatts (kW). Under the regulations currently in effect, projects
with authorized installed capacity of less than or equal to 1,500 kW will not be assessed
an annual charge.
Article 202. Exhibit Drawings. Within 45 days of the date of issuance of this
license, the licensee shall file the approved exhibit drawings in aperture card and
electronic file formats.
(a) Three sets of the approved exhibit drawings shall be reproduced on silver or
gelatin 35mm microfilm. All microfilm shall be mounted on type D (3-1/4" X 7-3/8")
aperture cards. Prior to microfilming, the FERC Project-Drawing Number (i.e., P-13305-
1 through P-13305-10) shall be shown in the margin below the title block of the approved
drawing. After mounting, the FERC Drawing Number shall be typed on the upper right
corner of each aperture card. Additionally, the Project Number, FERC Exhibit (i.e., F-1,
G-1, etc.), Drawing Title, and date of this license shall be typed on the upper left corner
of each aperture card.
Two of the sets of aperture cards shall be filed with the Secretary of the
Commission, ATTN: OEP/DHAC. The third set shall be filed with the Commission's
Division of Dam Safety and Inspections Portland Regional Office.
(b) The licensee shall file two separate sets of exhibit drawings in electronic raster
format with the Secretary of the Commission, ATTN: OEP/DHAC. A third set shall be
filed with the Commission's Division of Dam Safety and Inspections Portland Regional
Office. Exhibit F drawings must be separated from other project exhibits and identified
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Project No. 13305-004 - 23 -
as Critical Energy Infrastructure Information (CEII) material under 18 C.F.R. §
388.113(c) (2012). Each drawing must be a separate electronic file, and the file name
shall include: FERC Project-Drawing Number, FERC Exhibit, Drawing Title, date of
this license, and file extension in the following format [P-13305-8, G-1, Project
Boundary, MM-DD-YYYY.TIF]. Electronic drawings shall meet the following format
specifications:
IMAGERY - black & white raster file
FILE TYPE – Tagged Image File Format, (TIFF) CCITT Group 4
RESOLUTION – 300 dpi desired, (200 dpi min)
DRAWING SIZE FORMAT – 24” X 36” (min), 28” X 40” (max)
FILE SIZE – less than 1 MB desired
Each Exhibit G drawing that includes the project boundary must contain a
minimum of three known reference points (i.e., latitude and longitude coordinates, or
state plane coordinates). The points must be arranged in a triangular format for GIS geo-
referencing the project boundary drawing to the polygon data, and must be based on a
standard map coordinate system. The spatial reference for the drawing (i.e., map
projection, map datum, and units of measurement) must be identified on the drawing and
each reference point must be labeled. In addition, each project boundary drawing must
be stamped by a registered land surveyor.
(c) The licensee shall file two separate sets of the project boundary data in a geo-
referenced electronic file format (such as ArcView shape files, GeoMedia files, MapInfo
files, or a similar GIS format) with the Secretary of the Commission, ATTN:
OEP/DHAC. The filing shall include both polygon data and all reference points shown
on the individual project boundary drawings. An electronic boundary polygon data
file(s) is required for each project development. Depending on the electronic file format,
the polygon and point data can be included in a single file with multiple layers. The geo-
referenced electronic boundary data file must be positionally accurate to ±40 feet in order
to comply with National Map Accuracy Standards for maps at a 1:24,000 scale. The file
name(s) shall include: FERC Project Number, data description, date of this license, and
file extension in the following format [P-13305, boundary polygon/or point data, MM-
DD-YYYY.SHP]. The data must be accompanied by a separate text file describing the
spatial reference for the geo-referenced data: map projection used (i.e., UTM, State
Plane, Decimal Degrees, etc.), the map datum (i.e., North American 27, North American
83, etc.), and the units of measurement (i.e., feet, meters, miles, etc.). The text file name
shall include: FERC Project Number, data description, date of this license, and file
extension in the following format [P-13305, project boundary metadata, MM-DD-
YYYY.TXT].
Article 203. Financial Assurance. The letter of credit covering the entirety of the
costs of the project, filed April 17, 2012, is approved. The licensee shall maintain the
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Project No. 13305-004 - 24 -
letter of credit or equivalent financial instrument throughout the term of the license. The
licensee shall file by December 31 of each year proof of the maintenance of a letter of
credit, surety bond, or equivalent financial instrument, to cover the entirety of the cost of
removing the project.
Failure to commence project removal in accordance with the procedures and
timeframes authorized by the approved project removal plan (Article 404) constitutes
cause for the Commission to issue a demand letter to the surety for the amount required
to satisfy all of the requirements of the project removal plan. Payment by the financial
assurance entity of the amount required by a bond or letter of credit is due upon receipt of
the demand letter. In lieu of payment, the surety may perform the requirements of the
plan under written instructions from the Commission, or its authorized representative
within the timeframe set forth in the instructions.
The licensee agrees that all monies paid by the financial assurance entity, upon
failure on the licensee’s part to fulfill the requirements of the approved plan, may be
retained by the United States to be applied to the satisfaction of the licensee’s obligations
under the plan, without prejudice to any other rights and remedies of the United States.
Article 204. Project Land Rights Progress Report. No later than three years after
license issuance, the licensee shall file a report with the Commission describing the status
of acquiring title in fee or the rights for all the lands within the project boundary for the
entire term of the license. The report must provide an overview map of each parcel and
summary table identifying the licensee’s rights over each parcel within the project
boundary. The report shall also include specific supporting documentation showing the
status of the land rights on all parcels of land within the project boundary that: (1) have
been acquired up to the date of filing of the report, including pertinent deeds, lease
agreements, and/or bill of sale information that specifically verify the licensee’s rights;
and (2) the licensee’s plan and schedule for acquiring all remaining project lands,
including a history of actions taken, current owner information, the type of ownership to
be acquired whether in fee or by easement, and the timeline for completing property
acquisition.
Article 301. Start of Construction. The licensee shall commence construction of
the project works within two years from the issuance date of the license and shall
complete construction of the project within five years from the issuance date of the
license.
Article 302. Contract Plans and Specifications. At least 60 days prior to the start
of any construction, the licensee shall submit one copy of its plans and specifications and
supporting design document to the Commission’s Division of Dam Safety and
Inspections (D2SI) Portland Regional Engineer, and two copies to the Commission (one
of these shall be a courtesy copy to the Director, D2SI). The submittal to the D2SI
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Project No. 13305-004 - 25 -
Portland Regional Engineer must also include as part of preconstruction requirements: a
Quality Control and Inspection Program, Temporary Construction Emergency Action
Plan, and Soil Erosion and Sediment Control Plan. The licensee may not begin
construction until the D2SI Portland Regional Engineer has reviewed and commented on
the plans and specifications, determined that all preconstruction requirements have been
satisfied, and authorized start of construction.
Article 303. Cofferdam Construction Drawings and Deep Excavations. Before
starting construction, the licensee shall review and approve the design of contractor-
designed cofferdams and deep excavations and shall make sure construction of
cofferdams and deep excavations is consistent with the approved design. At least 30 days
before starting construction of the cofferdam, the licensee shall submit one copy to the
Commission's Division of Dam Safety and Inspections (D2SI) Portland Regional
Engineer and two copies to the Commission (one of these copies shall be a courtesy copy
to the Commission's Director, D2SI), of the approved cofferdam construction drawings
and specifications and the letters of approval.
Article 304. As-built Drawings. Within 90 days of completion of construction of
the facilities authorized by this license, the licensee shall file for Commission approval,
revised Exhibits A, F, and G, as applicable, to describe and show those project facilities
as built. A courtesy copy shall be filed with the Commission’s Division of Dam Safety
and Inspections (D2SI) Portland Regional Engineer, the Director, D2SI, and the Director,
Division of Hydropower Administration and Compliance.
Article 305. Navigation Safety Plan. At least 30 days prior to the start of project
operation, the licensee shall submit one copy of an updated Navigation Safety Plan to the
Commission’s Division of Dam Safety and Inspections (D2SI) Portland Regional
Engineer, and two copies to the Commission (one of these shall be a courtesy copy to the
Director, D2SI). The updated plan shall include: a description of all aids to navigation at
the site including any lights, buoys, signs, or other warning indicators; a site plan
showing the locations of these features; and a letter of approval from the U.S. Coast
Guard. Following the start of operations and by December 31 of each year, the licensee
shall submit a letter to the D2SI-Portland Regional Engineer, with a copy to the U.S.
Coast Guard, describing: (a) the operation and maintenance of private aids to navigation
including any lights, buoys, signs, or other warning indicators that occurred during the
report period; and (b) any navigation safety incidents that occurred during the report
period.
Article 306. Annual Performance Report and Certification. Following start of
operations and by December 31 of each year, the licensee shall submit one copy of a
report describing the project’s performance to the Commission’s Division of Dam Safety
and Inspections (D2SI) Portland Regional Engineer, and two copies to the Commission
(one of these shall be a courtesy copy to the Director, D2SI). The report shall include:
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Project No. 13305-004 - 26 -
the dates the water wheel was installed and removed; the adequacy of project monitoring
and operations; the findings of inspections; and a summary of the major maintenance and
repairs performed during the previous year. The report shall certify that the project
features are being operated, monitored, inspected, and maintained in accordance with the
license and approved plans.
Article 401. Project Safety Plan. The Project Safety Plan, filed April 17, 2012 as
pages 6 through 11 of part 3 of Exhibit A, is approved and made part of the license and
may not be amended without prior Commission approval. The licensee shall implement
the Project Safety Plan.
Article 402. Facility Failure Safety Plan. The Facility Failure Safety Plan, filed
April 17, 2012 as pages 11 through 13 of part 3 of Exhibit A, is approved and made part
of the license and may not be amended without prior Commission approval. The licensee
shall implement the Facility Failure Safety Plan.
Article 403. Emergency Response Plan. The Emergency Response Plan, filed
April 17, 2012 as pages 13 through 19 of part 3 of Exhibit A, is approved and made part
of the license and may not be amended without prior Commission approval. The licensee
shall implement the Emergency Response Plan.
Article 404. Emergency Shutdown and Removal Plan. Upon license issuance, the
licensee shall implement the Emergency Shutdown and Removal Plan, filed
April 17, 2012 as pages 21 through 23 of part 3 of Exhibit A, with the following
additional provisions: (1) a detailed timeline for final project removal and site restoration
shall be filed with the Commission at least six months prior to license expiration; (2)
documentation of consultation with the Alaska Department of Fish and Game’s Fairbanks
Office habitat biologist, Alaska Department of Fish and Game’s Statewide Hydropower
Coordinator, the U.S. Fish and Wildlife Service’s Fairbanks Office, and the National
Marine Fisheries Service’s Statewide Hydropower Coordinator regarding final project
removal and site restoration activities shall be filed with the Commission at least six
months prior to license expiration; and (3) documentation of completion of final project
removal and site restoration activities shall be filed with the Commission prior to license
expiration. The licensee shall implement the plan if a new license is not being sought for
the project at the end of the license term. This plan may not be amended without prior
Commission approval.
Article 405. Project Removal Plan. The Project Removal Plan, filed
April 17, 2012 as pages 20 through 21 of part 3 of Exhibit A, is approved and made part
of the license and may not be amended without prior Commission approval. The licensee
shall implement the Project Removal Plan.
Article 406. Environmental Monitoring Plan. The licensee shall implement the
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Project No. 13305-004 - 27 -
Environmental Monitoring Plan, filed on April 17, 2012, as pages 1 through 6 of part 3 of
Exhibit A, entitled “Whitestone Poncelet RHK100 Pilot Project Environmental
Monitoring Program and Schedule,” with the following modifications to the section
entitled “Notification and Reporting Procedures;”
(a) delete the stipulation that reads: “an annual report shall be filed with FERC by
December 31 of each year during the deployment period and a copy provided to the
aforementioned agencies describing the monitoring results and any proposals for
modifying project facilities or commencing the approved project removal plan, if
necessary, to minimize adverse effects on environmental resources in the project area.
Along with the annual report, the licensee shall include comments from the agencies and
the licensee’s responses to any comments.”
(b) include an additional provision that reads: “The licensee shall file with the
Commission and the Alaska Department of Fish and Game’s Fairbanks Office habitat
biologist, Alaska Department of Fish and Game’s Statewide Hydropower Coordinator,
the U.S. Fish and Wildlife Service’s Fairbanks Office, and the National Marine Fisheries
Service’s Statewide Hydropower Coordinator by the 15th of each month the results of the
previous month’s monitoring and any emergency actions taken or proposed to minimize
environmental harm. If requested by an agency, the licensee shall file with the
Commission and the agencies by Wednesday of each week the results of the previous
week’s monitoring. The licensee shall annually file a report with the Commission by
December 31 of each year, including the following information: (i) if the project has not
been deployed, a description of the reasons for non-deployment; or (ii) if the project has
been deployed, a summary of the year’s monitoring results; any actions taken; and any
proposals for modifying project facilities, operation, or commencing the Emergency
Shutdown and Removal Plan required by Article 404, if necessary, to minimize adverse
effects on environmental resources in the project area during the next year’s deployment.
Each annual report shall include documentation of consultation with the agencies; copies
of comments on the completed report after it has been prepared and provided to the
agencies; and specific descriptions of how the agencies’ comments are accommodated by
the report. The licensee shall allow a minimum of 30 days for the agencies to comment
and to make recommendations before filing the annual report with the Commission. If
the licensee does not adopt a recommendation, the filing shall include the licensee’s
reasons based on project-specific information.”
The Commission reserves the right to require, upon review of any monitoring
report specified by the plan or other available information, temporary project shutdown;
changes to project operations, facilities, or the Environmental Monitoring Plan; or project
removal.
Article 407. Notification of Deviations from License Requirements. The licensee
shall notify the Commission no later than 24 hours after the licensee implements any
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Project No. 13305-004 - 28 -
short-term modifications to approved project operation or facilities that are necessary to
protect environmental resources, or that are necessary in the event of any unanticipated or
emergency situation at the project.
Article 408. Protection of Peregrine Falcon Nesting. The licensee shall schedule
the annual project deployment before April 15 or after May 15 to avoid disturbing
peregrine falcons establishing their nest on the bluff above the project site.
Article 409. Boater Safety. To enhance safety and further educate boaters about
the purpose and location of the project, information about the project shall be made
available to the public through posting of an informational sign, including project contact
information, at the boat launch near the Richardson Highway Bridge. The sign shall be
installed before the first deployment of the floating platform.
Article 410. FERC Form 80 Exemption. There is little or no potential for
recreation facilities within the project boundary. Therefore, upon the issuance date of
this license, the licensee is exempt from 18 C.F.R. § 8.11, the filing of the FERC Form 80
recreation report, for the Whitestone Poncelet River-In-Stream-Energy-Conversion
Project.
Article 411. Aesthetic Resources. For all project components, highly contrasting
colors or reflective surfaces shall generally be avoided through the use of muted or flat
colors and materials that blend in with the natural landscape. The connex storage
containers shall be positioned (e.g., placed so that the smallest side of the connexes are
viewed from the travelers on the bridge and shielded by any existing vegetation) to
minimize their visibility from the Richardson Highway Bridge. Natural clearings and
existing vegetation, if available, shall be used to help screen the containers from view.
Within one year of license issuance, the licensee shall file photographic documentation of
the connex containers and deployed floating platform, taken from the south end of the
Richardson Highway Bridge.
Article 412. Protection of Undiscovered Cultural Resources. If the licensee
discovers previously unidentified cultural resources during the course of constructing,
maintaining, or developing project works or other facilities at the project, the licensee
shall stop all land-clearing and land-disturbing activities in the vicinity of the resource
and consult with the Alaska State Historic Preservation Officer (SHPO) to determine the
need for any cultural resource studies or measures. If no studies or measures are needed,
the licensee shall file with the Commission documentation of its consultation with the
SHPO immediately.
If a discovered cultural resource is determined to be eligible for the National
Register of Historic Places (National Register), the licensee shall file for Commission
approval a historic properties management plan (HPMP) prepared by a qualified cultural
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Project No. 13305-004 - 29 -
resource specialist after consultation with the SHPO. In developing the HPMP, the
licensee shall use the Advisory Council on Historic Preservation and the Federal Energy
Regulatory Commission’s Guidelines for the Development of Historic Properties
Management Plans for FERC Hydroelectric Projects, dated May 20, 2002. The HPMP
shall include the following items: (1) a description of each discovered property,
indicating whether it is listed in or eligible to be listed in the National Register; (2) a
description of the potential effect on each discovered property; (3) proposed measures for
avoiding or mitigating adverse effects; (4) documentation of consultation; and (5) a
schedule for implementing mitigation and conducting additional studies. The
Commission reserves the right to require changes to the HPMP.
The licensee shall not resume land-clearing or land-disturbing activities in the
vicinity of a cultural resource discovered during construction, until informed by the
Commission that the requirements of this article have been fulfilled.
Article 413. Use and Occupancy. (a) In accordance with the provisions of this
article, the licensee shall have the authority to grant permission for certain types of use
and occupancy of project lands and waters and to convey certain interests in project lands
and waters for certain types of use and occupancy, without prior Commission approval.
The licensee may exercise the authority only if the proposed use and occupancy is
consistent with the purposes of protecting and enhancing the scenic, recreational, and
other environmental values of the project. For those purposes, the licensee shall also
have continuing responsibility to supervise and control the use and occupancies for which
it grants permission, and to monitor the use of, and ensure compliance with the covenants
of the instrument of conveyance for, any interests that it has conveyed, under this article.
If a permitted use and occupancy violates any condition of this article or any other
condition imposed by the licensee for protection and enhancement of the project's scenic,
recreational, or other environmental values, or if a covenant of a conveyance made under
the authority of this article is violated, the licensee shall take any lawful action necessary
to correct the violation. For a permitted use or occupancy, that action includes, if
necessary, canceling the permission to use and occupy the project lands and waters and
requiring the removal of any non-complying structures and facilities.
(b) The type of use and occupancy of project lands and waters for which the
licensee may grant permission without prior Commission approval are: (1) landscape
plantings; (2) non-commercial piers, landings, boat docks, or similar structures and
facilities that can accommodate no more than 10 water craft at a time and where said
facility is intended to serve single-family type dwellings; (3) embankments, bulkheads,
retaining walls, or similar structures for erosion control to protect the existing shoreline;
and (4) food plots and other wildlife enhancement. To the extent feasible and desirable to
protect and enhance the project's scenic, recreational, and other environmental values, the
licensee shall require multiple use and occupancy of facilities for access to project lands
or waters. The licensee shall also ensure, to the satisfaction of the Commission's
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Project No. 13305-004 - 30 -
authorized representative, that the use and occupancies for which it grants permission are
maintained in good repair and comply with applicable state and local health and safety
requirements. Before granting permission for construction of bulkheads or retaining
walls, the licensee shall: (1) inspect the site of the proposed construction, (2) consider
whether the planting of vegetation or the use of riprap would be adequate to control
erosion at the site, and (3) determine that the proposed construction is needed and would
not change the basic contour of the impoundment shoreline. To implement this
paragraph (b), the licensee may, among other things, establish a program for issuing
permits for the specified types of use and occupancy of project lands and waters, which
may be subject to the payment of a reasonable fee to cover the licensee's costs of
administering the permit program. The Commission reserves the right to require the
licensee to file a description of its standards, guidelines, and procedures for implementing
this paragraph (b) and to require modification of those standards, guidelines, or
procedures.
(c) The licensee may convey easements or rights-of-way across, or leases of
project lands for: (1) replacement, expansion, realignment, or maintenance of bridges or
roads where all necessary state and federal approvals have been obtained; (2) storm
drains and water mains; (3) sewers that do not discharge into project waters; (4) minor
access roads; (5) telephone, gas, and electric utility distribution lines; (6) non-project
overhead electric transmission lines that do not require erection of support structures
within the project boundary; (7) submarine, overhead, or underground major telephone
distribution cables or major electric distribution lines (69 kV or less); and (8) water intake
or pumping facilities that do not extract more than one million gallons per day from a
project impoundment. No later than January 31 of each year, the licensee shall file three
copies of a report briefly describing for each conveyance made under this paragraph (c)
during the prior calendar year, the type of interest conveyed, the location of the lands
subject to the conveyance, and the nature of the use for which the interest was conveyed.
(d) The licensee may convey fee title to, easements or rights-of-way across, or
leases of project lands for: (1) construction of new bridges or roads for which all
necessary state and federal approvals have been obtained; (2) sewer or effluent lines that
discharge into project waters, for which all necessary federal and state water quality
certification or permits have been obtained; (3) other pipelines that cross project lands or
waters but do not discharge into project waters; (4) non-project overhead electric
transmission lines that require erection of support structures within the project boundary,
for which all necessary federal and state approvals have been obtained; (5) private or
public marinas that can accommodate no more than 10 water craft at a time and are
located at least one-half mile (measured over project waters) from any other private or
public marina; (6) recreational development consistent with an approved report on
recreational resources of an Exhibit E; and (7) other uses, if: (i) the amount of land
conveyed for a particular use is five acres or less; (ii) all of the land conveyed is located
at least 75 feet, measured horizontally, from project waters at normal surface elevation;
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Project No. 13305-004 - 31 -
and (iii) no more than 50 total acres of project lands for each project development are
conveyed under this clause (d)(7) in any calendar year. At least 60 days before
conveying any interest in project lands under this paragraph (d), the licensee must file a
letter with the Commission, stating its intent to convey the interest and briefly describing
the type of interest and location of the lands to be conveyed (a marked Exhibit G map
may be used), the nature of the proposed use, the identity of any federal or state agency
official consulted, and any federal or state approvals required for the proposed use.
Unless the Commission’s authorized representative, within 45 days from the filing date,
requires the licensee to file an application for prior approval, the licensee may convey the
intended interest at the end of that period.
(e) The following additional conditions apply to any intended conveyance under
paragraph (c) or (d) of this article:
(1) Before conveying the interest, the licensee shall consult with federal and state fish
and wildlife or recreation agencies, as appropriate, and the State Historic Preservation
Officer.
(2) Before conveying the interest, the licensee shall determine that the proposed use of
the lands to be conveyed is not inconsistent with any approved report on recreational
resources of an Exhibit E; or, if the project does not have an approved report on
recreational resources, that the lands to be conveyed do not have recreational value.
(3) The instrument of conveyance must include the following covenants running with the
land: (i) the use of the lands conveyed shall not endanger health, create a nuisance, or
otherwise be incompatible with overall project recreational use; (ii) the grantee shall take
all reasonable precautions to ensure that the construction, operation, and maintenance of
structures or facilities on the conveyed lands will occur in a manner that will protect the
scenic, recreational, and environmental values of the project; and (iii) the grantee shall
not unduly restrict public access to project waters.
(4) The Commission reserves the right to require the licensee to take reasonable remedial
action to correct any violation of the terms and conditions of this article, for the
protection and enhancement of the project's scenic, recreational, and other environmental
values.
(f) The conveyance of an interest in project lands under this article does not in
itself change the project boundaries. The project boundaries may be changed to exclude
land conveyed under this article only upon approval of revised Exhibit G drawings
(project boundary maps) reflecting exclusion of that land. Lands conveyed under this
article will be excluded from the project only upon a determination that the lands are not
necessary for project purposes, such as operation and maintenance, flowage, recreation,
public access, protection of environmental resources, and shoreline control, including
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shoreline aesthetic values. Absent extraordinary circumstances, proposals to exclude
lands conveyed under this article from the project shall be consolidated for consideration
when revised Exhibit G drawings would be filed for approval for other purposes.
(g) The authority granted to the licensee under this article shall not apply to any
part of the public lands and reservations of the United States included within the project
boundary.
(F) The licensee shall serve copies of any Commission filing required by this
order on any entity specified in the order to be consulted on matters relating to that filing.
Proof of service on these entities must accompany the filing with the Commission.
(G) This order constitutes final agency action. Any party may file a request for
rehearing of this order within 30 days from the date of its issuance, as provided in section
313(a) of the FPA, 16 U.S.C. § 8251 (2006), and section 385.713 of the Commission’s
regulations, 18 C.F.R. § 385.713 (2012). The filing of a request for rehearing does not
operate as a stay of the effective date of this license or of any other date specified in this
order. The licensee’s failure to file a request for rehearing shall constitute acceptance of
this order.
Jeff C. Wright
Director
Office of Energy Projects
Page 32
Form L-14
(October, 1975)
FEDERAL ENERGY REGULATORY COMMISSION
TERMS AND CONDITIONS OF LICENSE FOR
UNCONSTRUCTED MINOR PROJECT AFFECTING
NAVIGABLE WATERS OF THE UNITED STATES
Article 1. The entire project, as described in this order of the Commission, shall
be subject to all of the provisions, terms, and conditions of the license.
Article 2. No substantial change shall be made in the maps, plans, specifications,
and statements described and designated as exhibits and approved by the Commission in
its order as a part of the license until such change shall have been approved by the
Commission: Provided, however, That if the Licensee or the Commission deems it
necessary or desirable that said approved exhibits, or any of them, be changed, there shall
be submitted to the Commission for approval a revised, or additional exhibit or exhibits
covering the proposed changes which, upon approval by the Commission, shall become a
part of the license and shall supersede, in whole or in part, such exhibit or exhibits
theretofore made a part of the license as may be specified by the Commission.
Article 3. The project works shall be constructed in substantial conformity with
the approved exhibits referred to in Article 2 herein or as changed in accordance with the
provisions of said article. Except when emergency shall require for the protection of
navigation, life, health, or property, there shall not be made without prior approval of the
Commission any substantial alteration or addition not in conformity with the approved
plans to any dam or other project works under the license or any substantial use of project
lands and waters not authorized herein; and any emergency alteration, addition, or use so
made shall thereafter be subject to such modification and change as the Commission may
direct. Minor changes in project works, or in uses of project lands and waters, or
divergence from such approved exhibits may be made if such changes will not result in a
decrease in efficiency, in a material increase in cost, in an adverse environmental impact,
or in impairment of the general scheme of development; but any of such minor changes
made without the prior approval of the Commission, which in its judgment have
produced or will produce any of such results, shall be subject to such alteration as the
Commission may direct.
Upon the completion of the project, or at such other time as the Commission may
direct, the Licensee shall submit to the Commission for approval revised exhibits insofar
as necessary to show any divergence from or variations in the project area and project
boundary as finally located or in the project works as actually constructed when
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Project No. 13305-004 - 2 -
compared with the area and boundary shown and the works described in the license or in
the exhibits approved by the Commission, together with a statement in writing setting
forth the reasons which in the opinion of the Licensee necessitated or justified variation
in or divergence from the approved exhibits. Such revised exhibits shall, if and when
approved by the Commission, be made a part of the license under the provisions of
Article 2 hereof.
Article 4. The construction, operation, and maintenance of the project and any
work incidental to additions or alterations shall be subject to the inspection and
supervision of the Regional Engineer, Federal Energy Regulatory Commission, in the
region wherein the project is located, or of such other officer or agent as the Commission
may designate, who shall be the authorized representative of the Commission for such
purposes. The Licensee shall cooperate fully with said representative and shall furnish
him a detailed program of inspection by the Licensee that will provide for an adequate
and qualified inspection force for construction of the project and for any subsequent
alterations to the project. Construction of the project works or any features or alteration
thereof shall not be initiated until the program of inspection for the project works or any
such feature thereof has been approved by said representative. The Licensee shall also
furnish to said representative such further information as he may require concerning the
construction, operation, and maintenance of the project, and of any alteration thereof, and
shall notify him of the date upon which work will begin, as far in advance thereof as said
representative may reasonably specify, and shall notify him promptly in writing of any
suspension of work for a period of more than one week, and of its resumption and
completion. The Licensee shall allow said representative and other officers or employees
of the United States, showing proper credentials, free and unrestricted access to, through,
and across the project lands and project works in the performance of their official duties.
The Licensee shall comply with such rules and regulations of general or special
applicability as the Commission may prescribe from time to time for the protection of
life, health, or property.
Article 5. The Licensee, within five years from the date of issuance of the license,
shall acquire title in fee or the right to use in perpetuity all lands, other than lands of the
United States, necessary or appropriate for the construction, maintenance, and operation
of the project. The Licensee or its successors and assigns shall, during the period of the
license, retain the possession of all project property covered by the license as issued or as
later amended, including the project area, the project works, and all franchises,
easements, water rights, and rights of occupancy and use; and none of such properties
shall be voluntarily sold, leased, transferred, abandoned, or otherwise disposed of without
the prior written approval of the Commission, except that the Licensee may lease or
otherwise dispose of interests in project lands or property without specific written
approval of the Commission pursuant to the then current regulations of the Commission.
The provisions of this article are not intended to prevent the abandonment or the
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Project No. 13305-004 - 3 -
retirement from service of structures, equipment, or other project works in connection
with replacements thereof when they become obsolete, inadequate, or inefficient for
further service due to wear and tear; and mortgage or trust deeds or judicial sales made
thereunder, or tax sales, shall not be deemed voluntary transfers within the meaning of
this article.
Article 6. The Licensee shall install and thereafter maintain gages and stream-
gaging stations for the purpose of determining the stage and flow of the stream or streams
on which the project is located, the amount of water held in and withdrawn from storage,
and the effective head on the turbines; shall provide for the required reading of such
gages and for the adequate rating of such stations; and shall install and maintain standard
meters adequate for the determination of the amount of electric energy generated by the
project works. The number, character, and location of gages, meters, or other measuring
devices, and the method of operation thereof, shall at all times be satisfactory to the
Commission or its authorized representative. The Commission reserves the right, after
notice and opportunity for hearing, to require such alterations in the number, character,
and location of gages, meters, or other measuring devices, and the method of operation
thereof, as are necessary to secure adequate determinations. The installation of gages, the
rating of said stream or streams, and the determination of the flow thereof, shall be under
the supervision of, or in cooperation with, the District Engineer of the United States
Geological Survey having charge of stream-gaging operations in the region of the project,
and the Licensee shall advance to the United States Geological Survey the amount of
funds estimated to be necessary for such supervision, or cooperation for such periods as
may be mutually agreed upon. The Licensee shall keep accurate and sufficient records of
the foregoing determinations to the satisfaction of the Commission, and shall make return
of such records annually at such time and in such form as the Commission may prescribe.
Article 7. The Licensee shall, after notice and opportunity for hearing, install
additional capacity or make other changes in the project as directed by the
Commission, to the extent that it is economically sound and in the public interest to do
so.
Article 8. The Licensee shall, after notice and opportunity for hearing, coordinate
the operation of the project, electrically and hydraulically, with such other projects or
power systems and in such manner as the Commission may direct in the interest of power
and other beneficial public uses of water resources, and on such conditions concerning
the equitable sharing of benefits by the Licensee as the Commission may order.
Article 9. The United States specifically retains and safeguards the right to use
water in such amount, to be determined by the Secretary of the Army, as may be
necessary for the purposes of navigation on the navigable waterway affected; and the
operations of the Licensee, so far as they affect the use, storage and discharge from
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Project No. 13305-004 - 4 -
storage of waters affected by the license, shall at all times be controlled by such
reasonable rules and regulations as the Secretary of the Army may prescribe in the
interest of navigation, and as the Commission may prescribe for the protection of life,
health, and property, and in the interest of the fullest practicable conservation and
utilization of such waters for power purposes and for other beneficial public uses,
including recreational purposes, and the Licensee shall release water from the project
reservoir at such rate in cubic feet per second, or such volume in acre-feet per specified
period of time, as the Secretary of the Army may prescribe in the interest of
navigation, or as the Commission may prescribe for the other purposes hereinbefore
mentioned.
Article 10. On the application of any person, association, corporation, Federal
agency, State or municipality, the Licensee shall permit such reasonable use of its
reservoir or other project properties, including works, lands and water rights, or parts
thereof, as may be ordered by the Commission, after notice and opportunity for hearing,
in the interests of comprehensive development of the waterway or waterways involved
and the conservation and utilization of the water resources of the region for water supply
or for the purposes of steam-electric, irrigation, industrial, municipal or similar uses. The
Licensee shall receive reasonable compensation for use of its reservoir or other project
properties or parts thereof for such purposes, to include at least full reimbursement for
any damages or expenses which the joint use causes the Licensee to incur. Any such
compensation shall be fixed by the Commission either by approval of an agreement
between the Licensee and the party or parties benefiting or after notice and opportunity
for hearing. Applications shall contain information in sufficient detail to afford a full
understanding of the proposed use, including satisfactory evidence that the applicant
possesses necessary water rights pursuant to applicable State law, or a showing of cause
why such evidence cannot concurrently be submitted, and a statement as to the
relationship of the proposed use to any State or municipal plans or orders which may
have been adopted with respect to the use of such waters.
Article 11. The Licensee shall, for the conservation and development of fish and
wildlife resources, construct, maintain, and operate, or arrange for the construction,
maintenance, and operation of such reasonable facilities, and comply with such
reasonable modifications of the project structures and operation, as may be ordered by the
Commission upon its own motion or upon the recommendation of the Secretary of the
Interior or the fish and wildlife agency or agencies of any State in which the project or a
part thereof is located, after notice and opportunity for hearing.
Article 12. Whenever the United States shall desire, in connection with the
project, to construct fish and wildlife facilities or to improve the existing fish and wildlife
facilities at its own expense, the Licensee shall permit the United States or its designated
agency to use, free of cost, such of the Licensee's lands and interests in lands, reservoirs,
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Project No. 13305-004 - 5 -
waterways and project works as may be reasonably required to complete such facilities or
such improvements thereof. In addition, after notice and opportunity for hearing, the
Licensee shall modify the project operation as may be reasonably prescribed by the
Commission in order to permit the maintenance and operation of the fish and wildlife
facilities constructed or improved by the United States under the provisions of this article.
This article shall not be interpreted to place any obligation on the United States to
construct or improve fish and wildlife facilities or to relieve the Licensee of any
obligation under this license.
Article 13. So far as is consistent with proper operation of the project, the
Licensee shall allow the public free access, to a reasonable extent, to project waters and
adjacent project lands owned by the Licensee for the purpose of full public utilization of
such lands and waters for navigation and for outdoor recreational purposes, including
fishing and hunting: Provided, That the Licensee may reserve from public access such
portions of the project waters, adjacent lands, and project facilities as may be necessary
for the protection of life, health, and property.
Article 14. In the construction, maintenance, or operation of the project, the
Licensee shall be responsible for, and shall take reasonable measures to prevent, soil
erosion on lands adjacent to streams or other waters, stream sedimentation, and any form
of water or air pollution. The Commission, upon the request or upon its own motion,
may order the Licensee to take such measures as the Commission finds to be necessary
for these purposes, after notice and opportunity for hearing.
Article 15. The Licensee shall consult with the appropriate State and Federal
agencies and, within one year of the date of issuance of this license, shall submit for
Commission approval a plan for clearing the reservoir area. Further, the Licensee shall
clear and keep clear to an adequate width lands along open conduits and shall dispose of
all temporary structures, unused timber, brush, refuse, or other material unnecessary for
the purposes of the project which results from the clearing of lands or from the
maintenance or alteration of the project works. In addition, all trees along the periphery
of project reservoirs which may die during operations of the project shall be removed.
Upon approval of the clearing plan all clearing of the lands and disposal of the
unnecessary material shall be done with due diligence and to the satisfaction of the
authorized representative of the Commission and in accordance with appropriate Federal,
State, and local statues and regulations.
Article 16. Material may be dredged or excavated from, or placed as fill in,
project lands and/or waters only in the prosecution of work specifically authorized under
the license; in the maintenance of the project; or after obtaining Commission approval, as
appropriate. Any such material shall be removed and/or deposited in such manner as to
reasonably preserve the environmental values of the project and so as not to interfere with
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Project No. 13305-004 - 6 -
traffic on land or water. Dredging and filling in a navigable water of the United States
shall also be done to the satisfaction of the District Engineer, Department of the Army, in
charge of the locality.
Article 17. If the Licensee shall cause or suffer essential project property to be
removed or destroyed or to become unfit for use, without adequate replacement, or shall
abandon or discontinue good faith operation of the project or refuse or neglect to comply
with the terms of the license and the lawful orders of the Commission mailed to the
record address of the Licensee or its agent, the Commission will deem it to be the intent
of the Licensee to surrender the license. The Commission, after notice and opportunity
for hearing, may require the Licensee to remove any or all structures, equipment and
power lines within the project boundary and to take any such other action necessary to
restore the project waters, lands, and facilities remaining within the project boundary to a
condition satisfactory to the United States agency having jurisdiction over its lands or the
Commission's authorized representative, as appropriate, or to provide for the continued
operation and maintenance of nonpower facilities and fulfill such other obligations under
the license as the Commission may prescribe. In addition, the Commission in its
discretion, after notice and opportunity for hearing, may also agree to the surrender of the
license when the Commission, for the reasons recited herein, deems it to be the intent of
the Licensee to surrender the license.
Article 18. The right of the Licensee and of its successors and assigns to use or
occupy waters over which the United States has jurisdiction, or lands of the United States
under the license, for the purpose of maintaining the project works or otherwise, shall
absolutely cease at the end of the license period, unless the Licensee has obtained a new
license pursuant to the then existing laws and regulations, or an annual license under the
terms and conditions of this license.
Article 19. The terms and conditions expressly set forth in the license shall not be
construed as impairing any terms and conditions of the Federal Power Act which are not
expressly set forth herein.
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Steven Selvaggio <steven.wsmech@gmail.com>
Fw: Fwd: Fw: Whitestone/GVEA Power Crossing Survey
1 message
Steve Selvaggio <steve@wca-ak.us> Fri, Apr 22, 2011 at 4:36 PM
To: Steven Selvaggio <steven.wsmech@gmail.com>
From: Steve Selvaggio
Sent: Friday, April 22, 2011 4:36 PM
To: steve@wca-ak.us
Subject: Fwd: Fw: Whitestone/GVEA Power Crossing Survey
---------- Forwarded message ----------
From: Steve Selvaggio <steve@wca-ak.us >
Date: Thu, May 6, 2010 at 9:37 AM
Subject: Fw: Whitestone/GVEA Power Crossing Survey
To: Susan Mitchell <s.mitchell@ce2engineers.com>
Good News!
See attached!
From: Krauthoefer, Tracie A (DNR)
Sent: Wednesday, May 05, 2010 9:39 AM
To: steve@wca-ak.us
Subject: Whitestone/GVEA Power Crossing Survey
Hi Steve,
We concur that this project will have no effect on historic properties. I’ve gone ahead and stamped and scanned
your email to include with your files. If you have any questions, let me know-
Thank you,
Tracie
T r a c i e K r a u t h o e f e r
Archaeologist, Review and Compliance
Alaska State Historic Preservation Office / Office of History and Archaeology
550 W 7th Ave, Ste 1310, Anchorage Alaska 99501-3565
907-269-8722 Phone 907-269-8908 Fax
tracie.krauthoefer@alaska.gov
4/28/2011 Gmail - Fw: Fwd: Fw: Whitestone/GVEA…
https://mail.google.com/mail/?ui=2&ik…1/2
Page 61
--
Steve Selvaggio
President
Whitestone Community Association
steve@wca-ak.us
(907) 322-5432 mobile
(907)895-4938 x5432
WHITESTONE.pdf
46K
4/28/2011 Gmail - Fw: Fwd: Fw: Whitestone/GVEA…
https://mail.google.com/mail/?ui=2&ik…2/2
Page 62
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Department of
Fish and Game
DIVISION OF SPORT FISH
Research & Technical Services
333 Raspberry Road
Anchorage, Alaska 99518-1565
Main: 907.267.2294
Fax: 907.267.2422
August 29, 2013
Alan Baldivieso
Project Manager
Hydrokinetic and Emerging Energy Projects
Alaska Energy Authority
813 W. Northern Lights Boulevard
Anchorage, Alaska 99503
RE: Whitestone Power and Communications-Hydrokinetic Project
Mr. Baldivieso:
It is my understanding that Whitestone Power and Communications (WP&C) will be applying for state
grant funding under Round 7 of the Revolving Energy Program administered by the Alaska Energy
Authority (AEA). As you know, WP&C holds a Federal Energy Regulatory Commission (FERC) Pilot
Project License (FERC No. 13305) for deployment of a hydrokinetic device on the Tanana River, near
Delta Junction. The process taken to obtain this FERC license was long, during which the licensee
consulted extensively with the Alaska Department of Fish and Game (ADF&G) and others, to design a
device which minimizes the potential for adverse effects on fish resources, to site the device in a
location which would have the least impact on resources, to develop a monitoring plan which was
accepted by FERC and the stakeholders, and to obtain additional permits for deployment from state and
federal agencies, as necessary.
The engineering for the Whitestone device indicates that it may have the least environmental impact on
natural resources of the hydrokinetic in river devices currently proposed for deployment in Alaska. This
is attractive to ADF&G, in that it greatly reduces the concerns of our department.
Our department supports the funding request of WP&C for the following reasons:
1. The FERC license, federal, and state permits are in place;
2. The monitoring Plan has been vetted and accepted by FERC, and federal and state agencies;
3. Development of this technology will move hydrokinetic development in Alaska forward;
4. A device can be deployed under a FERC license as soon as it is built. No delays developing
monitoring plans and acquiring additional permits. This will allow for a rapid, on the ground,
use of funds; and
5. Support of a FERC licensed project is beneficial in that the chance for success of a project, or
for ever seeing a device deployed, is much greater than for proposals which may never seek
licensing or reach deployment.
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Please consider our support of the funding application, to be filed by WP&C, when evaluating
applications and determining grant awards.
Sincerely,
Monte D. Miller
Statewide FERC Hydropower Coordinator
Alaska Department of Fish and Game
Division of Sport Fish / RTS
333 Raspberry Road
Anchorage, Alaska, 99518-1565
(907) 267-2312
Copy: D. Ott, AEA
S. M. Selvaggio, WP&C
S. A. Selvaggio, WP&C
J. Durst, ADF&G
W. Morris, ADF&G
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STATEOFALASKANaturalResourceSpecialistSeanParnell,GovernorNorthernRegionalOffice,LandSection, Permits3700AirportWayDEPARTMENTOFNATURALRESOURCESFairbanks,AK99709-4669‘1Phone:907.451.2733Fax:907.451.2751DIVISIONOFMINING,LANDANDWATERstuart.pechek@alaska.govYTOFt4P”September5,2013StevenSelvaggio/ProjectManagerWhitestonePowerand CommunicationsP0Box1229DeltaJunction,AK99737Re:LAS27344DearMr.Selvaggio:ThisletteracknowledgesDNR’ssupportofWhitestone’songoingPonceletRiverIn-StreamConversionDevice(RISEC)DemonstrationProjectwhichispermittedforusewithinthestatesubmergedlandsoftheTananaRiver(LandUsePermitLAS27344).ThesetypesofprojectswillfurthertheknowledgeofscientificinformationwhilepromotingasmallerscalealternateenergyresourcetomeetAlaska’sgrowingenergydemands.ItappearsthatWhitestone’sprojectisattheforefrontofthesetypeofin-streamhydrokineticdevices.Whitestonehas beenexemplaryintheirpermitcompliancewith DNRand havepresentedrealistic,innovativeconceptsfortheirproject.TheDNRapprovesandencouragesotherentitiestosupportWhitestone’sRISECProject.Sincerejy,StuPechekNaturalResourceSpecialistCc:AJWait/NorthernRegionOfficePermits/EasementsManagerJimDurstlADF&GHabitatBiologistUPage 67