[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33262-33264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13301]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 14803-001 and P-2082-063]


Klamath River Renewal Corporation PacifiCorp; Notice of Intent To 
Prepare An Environmental Impact Statement for the Proposed Lower 
Klamath Project Surrender and Removal, Request for Comments on 
Environmental Issues, Schedule for Environmental Review, and Notice of 
Public Virtual Scoping Sessions

    On November 17, 2020, and supplemented on February 26, and March 
22, 2021, the Klamath River Renewal Corporation (Renewal Corporation) 
and PacifiCorp (applicants) filed an amended application for surrender 
of license and removal of project works for the Lower Klamath 
Hydroelectric Project No. 14803. The staff of the Federal Energy 
Regulatory Commission (FERC or Commission) will prepare an 
environmental impact statement (EIS) that will discuss the 
environmental impacts of the proposed surrender and removal of the 
Lower Klamath Project No. 14803 located on the Klamath River in Klamath 
County, Oregon, and Siskiyou County, California. The Commission will 
use this EIS in its decision-making process to identify potential 
adverse and beneficial impacts of the proposed project surrender and 
reasonable alternatives.\1\
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    \1\ On July 16, 2020, the Council on Environmental Quality (CEQ) 
issued a final rule, Update to the Regulations Implementing the 
Procedural Provisions of the National Environmental Policy Act 
(Final Rule, 85 FR 43,304), which was effective as of September 14, 
2020. Accordingly, this EIS will be prepared pursuant to the Final 
rule.
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    This notice initiates the start of a scoping process the Commission 
will use to gather input from the public and interested agencies about 
issues regarding the project. As part of the National Environmental 
Policy Act (NEPA) review process, the Commission takes into account 
concerns the public may have about proposals and the environmental 
impacts that could result from its action. This process is referred to 
as ``scoping.'' The main goal of the scoping process is to focus the 
analysis in the EIS on the important environmental issues. Additional 
information about the Commission's NEPA process is described below in 
the NEPA Process and the EIS section of this notice.
    By this notice, the Commission staff requests public comments on 
the scope of issues to address in the EIS. Specifically, we request 
comments on potential alternatives and impacts, as well as 
identification of any relevant information, studies, or analyses of any 
kind concerning impacts affecting the quality of the human environment. 
To ensure that your comments are timely and properly recorded, please 
submit your comments within 30 days of the first scoping meeting, i.e., 
by August 19, 2021. Comments may be submitted in written or oral form. 
Further details on how to submit comments are provided in the Public 
Participation section of this notice.

Public Participation

    There are four methods you can use to submit your comments to the 
Commission. The Commission encourages electronic filing of comments and 
has staff available to assist you at (866) 208-3676 or 
<a href="/cdn-cgi/l/email-protection#c88eadbaab87a6a4a1a6ad9bbdb8b8a7babc88aeadbaabe6afa7be"><span class="__cf_email__" data-cfemail="d99fbcabba96b7b5b0b7bc8aaca9a9b6abad99bfbcabbaf7beb6af">[email protected]</span></a>. Please carefully follow these instructions 
so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. Using eComment is an easy method for 
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling 
feature, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. With eFiling, you can provide comments 
in a variety of formats by attaching them as a file with your 
submission. New eFiling users must first create an account by clicking 
on ``eRegister.'' You will be asked to select the type of filing you 
are making; a comment on a particular project is considered a ``Comment 
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to 
the Commission. Be sure to reference the project docket number (Project 
No. 14803-001 and P-2082-063) on your letter. Submissions sent via the 
U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, 
Washington, DC 20426. Submissions sent via any other carrier must be 
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory 
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    (4) Virtual Scoping Sessions: In lieu of sending written comments, 
the Commission invites you to attend one of the virtual scoping 
sessions its staff will conduct by telephone, scheduled as follows:

Date and Time

For Federal and state resource agencies, Tuesday, July 20, 2021, 9:00 
a.m.-12:00 p.m. Pacific Time, Call in number: 888-604-9359, Participant 
passcode: 8998724
For all others including the general public, Tuesday, July 20, 2021, 
6:00-9:00 p.m. Pacific Time, Call in number: 888-604-9359, Participant 
passcode: 8998724
For all others including the general public, Wednesday, July 21, 2021, 
6:00-9:00 p.m. Pacific Time, Call in number: 888-604-9359, Participant 
passcode: 8998724
For all others including the general public, Thursday, July 22, 2021, 
6:00-9:00 p.m. Pacific Time, Call in number: 888-604-9359, Participant 
passcode: 8998724
    The primary goal of these scoping sessions is to seek input on the 
specific environmental issues and concerns that should be considered in 
the EIS. Individual oral comments will be taken on a one-on-one basis 
with a court reporter on the line. This format is designed to receive 
the maximum amount of oral comments, in a convenient way during the 
timeframe allotted and in response to the ongoing COVID-19 pandemic.
    Each scoping session for the general public is scheduled from 6:00 
p.m. to 9:00 p.m. Pacific Time. You may call any time during that 
period. You will initially be placed on mute and hold. Calls will be 
answered in the order they are received. Once answered, you will have 
the opportunity to provide your comments directly to a court reporter. 
FERC staff or a representative may also be present on the line. A time 
limit of three minutes will be implemented for each commentor.
    There will be a short introduction by Commission staff and the 
Renewal Corporation when each session opens. Please see appendix 1 for 
additional

[[Page 33263]]

information on the session format and conduct.\2\
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    \2\ The appendix referenced in this notice will not appear in 
the Federal Register. Copies of the appendices were sent to all 
those receiving this notice in the mail and are available at 
www.ferc.gov using the link called ``eLibrary''. For instructions on 
connecting to eLibrary, refer to the last page of this notice. At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room due to the proclamation declaring a National 
Emergency concerning the Novel Coronavirus Disease (COVID-19), 
issued by the President on March 13, 2020. For assistance, contact 
FERC at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="d5939087969abbb9bcbbb086a0a5a5baa7a195b3b0a7b6fbb2baa3">[email protected]</a> or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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    Transcripts of all comments received during the scoping sessions 
will be publicly available on FERC's eLibrary system (see the last page 
of this notice for instructions on using eLibrary).
    It is important to note that the Commission provides equal 
consideration to all comments received, whether filed in written form 
or provided orally at a virtual scoping session.
    Additionally, the Commission offers a free service called 
eSubscription which makes it easy to stay informed of all issuances and 
submittals regarding the dockets/projects to which you subscribe. These 
instant email notifications are the fastest way to receive notification 
and provide a link to the document files which can reduce the amount of 
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Proposed Surrender

    The 163-megawatt Lower Klamath Project is located on the Klamath 
River and consists of 4 developments: J.C. Boyle, Copco No. 1, Copco 
No. 2, and Iron Gate. The J.C. Boyle Development is located in Klamath 
County, Oregon, while the Copco No. 1, Copco No. 2, and Iron Gate 
developments are located in Siskiyou County, California.
    On November 17, 2020, and supplemented on February 26, and March 
22, 2021,\3\ the Renewal Corporation and PacifiCorp filed an amended 
application to surrender the license and decommission the Lower Klamath 
Project. The purpose and need for the proposed action is to surrender 
the project license and remove the project features to achieve a free-
flowing condition and volitional fish passage, site remediation, and 
restoration.
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    \3\ The original application was originally filed on September 
23, 2016, with a number of supplements following this initial 
filing.
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    Decommissioning activities would include the removal of the J.C. 
Boyle Dam and Powerhouse, Copco No. 1 Dam and Powerhouse, Copco No. 2 
Dam and Powerhouse, and Iron Gate Dam and Powerhouse, as well as 
associated features. Associated features vary by development, but 
generally include powerhouse intake structures, embankments, sidewalls, 
penstocks and supports, decks, piers, gatehouses, fish ladders and 
holding facilities, pipes and pipe cradles, spillway gates and 
structures, diversion control structures, aprons, sills, tailrace 
channels, footbridges, powerhouse equipment, distribution lines, 
transmission lines, switchyards, original cofferdams, portions of the 
Iron Gate Fish Hatchery, residential facilities, and warehouses. 
Facility removal, as proposed, would be completed within an 
approximately 20-month period.
    To implement the surrender, the Renewal Corporation proposes to: 
(1) Draw down the four reservoirs; (2) remove the dams and associated 
facilities; (3) restore lands currently occupied by the dams, 
reservoirs, and other facilities; and (4) minimize adverse effects on 
environmental resources. The Renewal Corporation proposes to implement 
a number of management plans, which were filed on February 26, 2021.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could 
occur as a result of the proposed surrender and removal of the project 
under the following general resource areas:

<bullet> Geology and soils
<bullet> water quantity
<bullet> water quality
<bullet> aquatic resources
<bullet> terrestrial resources
<bullet> threatened and endangered species
<bullet> recreation
<bullet> land use
<bullet> aesthetic resources
<bullet> socioeconomics
<bullet> cultural resources
<bullet> air quality, noise, and greenhouse gas emissions
<bullet> developmental resources

    Your comments will help Commission staff identify and focus on the 
issues that might have an effect on the human environment and 
potentially eliminate others from further study and discussion in the 
EIS.
    The EIS will present Commission staff's independent analysis of the 
issues. Staff will prepare a draft EIS which will be issued for public 
comment. Commission staff will consider all timely comments received 
during the comment period on the draft EIS and revise the document, as 
necessary, before issuing a final EIS. The draft and final EIS will be 
available in electronic format in the public record through eLibrary. 
If eSubscribed, you will receive email notification when environmental 
documents are issued.

Expected Impacts

    Commission staff have identified several potential environmental 
issues for the following resources based on a preliminary review of the 
application and comments received in response to the Commission's 
December 16, 2021 notice. This preliminary list of issues may change 
based on your comments and our analysis:

<bullet> Water quality
<bullet> sediment-related impacts
<bullet> species listed for protection under the Endangered Species Act
<bullet> historic and cultural impacts
<bullet> fire suppression
<bullet> private wells
<bullet> property values
<bullet> construction-related impacts

    A detailed description of potential effects is included in our 
Scoping Document 1.

Alternatives Under Consideration

    As part of our review in the EIS, the Commission will consider all 
reasonable alternatives, which include: Alternatives that are 
technically and economically feasible; meet the purpose and need for 
the proposed action; and meet the goals of the applicant.\4\ 
Alternatives that do not meet these requirements will be summarized and 
dismissed from further consideration in the EIS. Staff will also 
consider the no-action alternative. Currently, we are considering one 
alternative to the proposed action that potentially meets the above 
criteria: The applicants' proposed action with staff modifications.
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    \4\ 40 CFR 1508.1(z).
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    The alternatives we are considering may be expanded based on the 
comments we receive, provided they meet the required criteria. With 
this notice, we ask commenters to identify other potential alternatives 
for consideration.

Schedule for Environmental Review

    This scoping notice identifies the FERC staff's planned schedule 
for completion of the draft and final EIS for the Project.

Issuance of Notice of Availability of the draft EIS--February 2022.
Issuance of Notice of Availability of the final EIS--September 2022.
    If a schedule change becomes necessary for the final EIS, an 
additional notice will be provided so that the relevant agencies are 
kept informed of

[[Page 33264]]

the Project's progress. After the final EIS is issued, the Commission 
will make a decision on the proposal.

Permits and Authorizations Required

    The table below lists the permits and authorizations that are 
anticipated to be required for the Project. We note that this list may 
not be all-inclusive and does not preclude any required permits or 
authorizations if it is not listed here.

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Clean Water Act Section 401 Water        Clean Water Act Section 401
 Quality Certification--Oregon.           Water Quality Certification--
                                          California.
Clean Water Act Section 404 Permit--     State of Oregon Removal--Fill
 Army Corps of Engineers.                 Permit.
Endangered Species Act Section 7         ...............................
 Consultation--Fish and Wildlife
 Service and the National Marine
 Fisheries Service.
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Cooperating Agencies

    With this notice, the Commission is asking agencies with 
jurisdiction by law and/or special expertise with respect to the 
environmental issues of this project to formally cooperate in the 
preparation of the EIS.\5\ Agencies that would like to request 
cooperating agency status should follow the instructions for filing 
comments provided under the Public Participation section of this 
notice. Currently, the U.S. Army Corps of Engineers and the 
Environmental Protection Agency have requested to participate as 
cooperating agencies in the preparation of the EIS.
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    \5\ See 40 CFR 1501.8.
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Additional Information

    Additional information about the project is available on the FERC 
website at www.ferc.gov using the eLibrary link. Click on the eLibrary 
link, click on ``General Search'' and enter the docket number in the 
``Docket Number'' field, excluding the last three digits (i.e., P-14803 
and P-2082). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#480e2d3a2b07262421262d1b3d3838273a3c082e2d3a2b662f273e"><span class="__cf_email__" data-cfemail="0a4c6f786945646663646f597f7a7a65787e4a6c6f7869246d657c">[email protected]</span></a> or (866) 208-3676, or for TTY, contact (202) 
502-8659. The eLibrary link also provides access to the texts of all 
formal documents issued by the Commission, such as orders, notices, and 
rulemakings.
    If you have further questions you may also contact Diana Shannon at 
<a href="/cdn-cgi/l/email-protection#f5919c949b94db869d949b9b9a9bb593908796db929a83"><span class="__cf_email__" data-cfemail="b1d5d8d0dfd09fc2d9d0dfdfdedff1d7d4c3d29fd6dec7">[email protected]</span></a>, or 202-502-6136.

    Dated: June 17, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-13301 Filed 6-23-21; 8:45 am]
BILLING CODE 6717-01-P


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