Project No. 1864-185
ORDER APPROVING OPERATIONS MONITORING PLAN PURSUANT TO ARTICLE 404
2. License Article 404 requires the licensee to develop and file an Operations Monitoring Plan within 60 days of the date that the Commission verifies the licensee has met the requirements of Article 301. The Plan is required to include; a description of the methodology for providing flow data for the
3. The licensee is required to develop the Plan in consultation with the Bond Falls Implementation Team which consists of; the
4. The Plan states that all minimum flow releases from the
5. The Plan states that all gates at the
6. According to the Plan, the licensee would monitor reservoir elevation at the
7. The Plan also shows that the USGS, in cooperation with the licensee, monitors the elevation and releases from the
8. In the Plan, the licensee does not propose to prepare and file any periodic compliance reports. Instead, the licensee proposes to discuss operational compliance with members of the Bond Falls Implementation Team during its annual meetings and file a summary of this discussion with the required annual consultation report. Additionally, the license states that it has generally been complying with license conditions since the license was issued in 2003, and believes that it has already fulfilled the 3 year monitoring requirement of Article 404.
9. The licensee sent a draft Operations Monitoring Plan to members of the Bond Falls Implementation Team on
10. The purpose of the Operations Monitoring Plan is to show how the licensee would maintain and monitor compliance with the reservoir elevation requirements of Article 401 and the flow requirements of Article 402. The Plan includes methods for monitoring elevations and flow, validating instruments and methods used to obtain data, and contingencies in the event of equipment failure. We conclude that these methods and procedures should sufficiently allow the licensee to monitor and record license compliance under most foreseeable conditions.
11. In its Plan, the licensee does not propose to file regular compliance reports, nor does it plan to conduct a 3 year monitoring program following approval of the Plan. We agree with the licensee in both cases. The proposal to annually consult with members of the Bond Fall Implementation Team and provide data upon request should adequately reveal and facilitate the investigation of any particular compliance problem. Additionally, the project has been operating under the license conditions for over 10 years, and any impacts the requirements have on project operation should have disclosed themselves by now. Therefore, we will consider the 3 year monitoring and reporting requirement of license Article 404 to have been fulfilled.
12. We have reviewed the Plan and determined that it complies with the requirements of license Article 404 and should be approved.
The Director orders:
(A) The Operations Monitoring Plan filed on
(B) 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 Federal Power Act, 16 U.S.C. section 825l (2012), and the Commission's regulations at 18 C.F.R. section 385.713 (2014). The filing of a request for rehearing does not operate as a stay of the effective date of this order, 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.
TNS 24KuanRap-140801 30FurigayJof-4815827 30FurigayJof
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