HomeMy WebLinkAboutAgenda TRUCKEE DONNER PUBLIC UTILITY DISTRICT
REGULAR MEETING
T Monday, August 19, 1985
7 :00 P.M. - TDPUD Board Roos
A G E N D A
1 . Call to order
2 . Roll call
3. Approval of minutes :
a) July 15 , 1985
b) July 29 , 1985 ; Board direction
4. Bills for approval
5 . Manager ' s report
6 . Public input
7 . Correspondence
8. Committee reports
UNFINISHED BUSINESS
1 . Project 85-1 , downtown water system improvements :
a) Consideration of final pay estimate
b) Consideration of resolution accepting the improvements
and directing the filing of the notice of completion
NEW BUSINESS
I . New District complex - review of final plans and considera-
tion of resolution approving plans and specifications and
issuing a call for bids
2. Consideration of development .agreement with the County of
Nevada re Truckee Intermodal Transportation Terminal
3 . Review of Ketterman petition - for easement abandonment
4. Consideration of resolution approving specifications and
calling for bids on construction service type modified flat
bed for 1985 cab/chassis for the Water Department
5 . Consideration of resolution amending the District ' s pension
plan
6. Consideration of resolution accepting FERC license for Boca
hydroelectric project and authorizing execution of the order
CLOSED SESSION - Discussion of legal and personnel matters
RETURN TO PUBLIC SESSION - Possible action resulting from closed
session
ADJOURNMENT
C E R T I F I C A T I O N
I hereby certify that the foregoing agenda has been posted in the
District office and Government Center , provided to the U. S. Post
Office and County Library for posting , and mailed to the
Direc rs and in sted parties on Thursday , August 15 , 1985 .
Susan Ford , Deputy District Clerk
Bills For Board Approval - August 19, 1985
Total Electric Water General Description
Dale E. Cox, Architect 15,617.23 15,617.23 Architectural Services
N. Robert Heyer, Consultant 4,000.00 4,000.00 Customer Opinion Survey
Utility Tree Service 6,294.55 6,294.55 Tree Triming, per contract 7/l/85
25,911 .78 6,294.55 19,617.23
RESOLUTION NO. 8533
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ACCEPTING THE LICENSE ISSUED BY THE
FEDERAL ENERGY REGULATORY COMMISSION
WITH RESPECT TO THE BOCA HYDROELECTRIC PROJECT NO. 2920-001
WHEREAS , the Federal Energy Regulatory Commission ordered the
issuance of a major license to the Truckee Donner Public Utility
District for Boca Hydroelectric Project No. 2920-001 on May 15 ,
1985 ; and
WHEREAS , District consultants R. W. Beck and Associates and
Attorney Martin McDonough have reviewed the conditions of the
license and found them to be in order ;
NOW, THEREFORE , BE IT RESOLVED by the Board of Directors of the
Truckee Donner Public Utility District as follows :
1 . That the Order issued regarding a major license for
the Boca Hydroelectric Project No . 2920-001 by the
Federal Energy Regulatory Commission be accepted .
2 . That the President of the Board be authorized to
sign such Order on behalf of the District.
PASSED AND ADOPTED by the Board of Directors of the Truckee
Donner Public Utility District at a meeting duly called and held
within the District on the 19th day of August , 1985 by the
following roll call vote :
AYES : Cooley, Corbett, Hamilton, Maass & Duffy
NOES : None
ABSENT : None
TRUCKEE DONNER PUB C UTILITY DISTRICT
By
ATTEST :
Susan Ford , Deputy District Clerk
91 FERC j 62. 2 12
�-. TINITED STATFS OF AMFRICA
FF!NFRAI. ENFROY RF(-,UI.AT0RY COMmISSION
Truckee-Danner Public utility ) Project No. 2920-001
District
ORDER ISSUING LICENSE (MAJOR)
( Issued May 15, 1985 )
The Truckee-Donner Public Utility District (Applicant ) filed
on March 28 , 1983 , an application for a license under Part I
of the Federal Power Act (Act ) to construct, operate, and
maintain the Roca Project No. 2920 . l/ The project would be
located on the Little Truckee River, approximately 1,800 feet
upstream from its confluence with the Truckee River, at the
base of the U .S . Bureau of Reclamation ' s (USER) existing Boca
Dam, near the town of Truckee, in Nevada County, California ,
and would occupy lands of the United States within the Tahoe
National Forest .
Notice of the application has been published and comments
have been received from interested Federal , State, and local
agencies . None of the agencies objected to the issuance of
/ the license and no protests or motions to intervene have been
received . The significant concerns of the commenting agencies
are discussed below. 2/
l/ Authority to act on this matter is delegated to the Director,
Office of Hydropower Licensing, under 5375.314 of the Commission' s
regulations , 49 Fed. Reg. 29 ,369 ( 1984 ) (Errata issued July 27 ,
1984 ) ( to be codified at 18 C.F.R. S375.314 ) . This order
may be appealed to the Commission by any party within 30 days
of the issuance date of this order pursuant to Rule 1902 , 18
C .F .R . S385 .1902 ( 1983 ) . Filing an appeal and final Commission
action on that appeal are prerequisites for filing an application
for rehearing as provided in Section 313(a) of the Act . Filing
an appeal does not operate as a stay of the effective date of
this order or of any other date specified in this order,
except as specifically directed by the Commission.
2/ On April 18 , 1983 , the Applicant entered into an agreement
with Sierra Pacific Power Company (Company) , whereby the
Company quitclaimed its right , acquired in 1936 , to install
hydroelectric generating facilities at the proposed site and
whereby the Applicant agreed to certain conditions for releases
of water from the dam and to abide by a certain 1915 Decree,
an Orr Ditch Decree , a Truckee River Agreement , and a
Tahoe-Prosser Exchange Agreement .
DC-A-8
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Pr-pject_ nescrirt ion
The propose,' run-of-the-river project would consist of a 70-
inch-diameter , 90-foot-long penstock , a powerhouse with a
rated capacity of 2 . 4 MW, a switchyard , and a 1 , 500-foot-long
transmission line. A more detailed project description is
contained in ordering Paragraph (B) .
The existing Boca Dam is a Federal dam of the USBR . The dam
and reservoir are part of the Truckee Storage and Newlands
Projects and are operated and maintained by the Washoe County
water Conservation District under contract with the USBR.
All water releases from Boca Reservoir are determined by the
Federal Court Water Master, Case in Equity, 'No. A-3 , U .S .
District Court of Nevada, Reno, Nevada; according to agreements
governing the Truckee River System and by Flood Control
Regulations set by the Secretary of the Army. Adjacent lands
are owned by the U .S . Forest Service .
Safety and Adequacy
If constructed in accordance with sound engineering practices ,
i" the proposed project structures, under the conditions of this
license , would be safe and adequate.
water Quality
The operation and maintenance of construction equipment and the
storage of building and maintenance materials in the project
vicinity are potential sources of water contaminants that
result from construction. In addition, the control of soil
erosion and sedimentation and the proper disposal of sewage
generated during project construction and operation are
important for the protection of existing water quality.
Further, the passage of releases through the powerhouse
rather than through the existing outlet , could potentially
decrease downstream dissolved oxygen concentrations, due to
loss of aeration.
California Department of Fish and Game (DFG) recommends that
the Applicant be required to maintain in the project tailwaters
a minimum dissolved oxygen concentration of 7 parts per million,
which is the State standard for Coldwater aquatic habitat .
The Applicant has no objection to the DFG recommendation.
Forest Service (USFS) Conditions (Articles 33, 34 , 35, 36 , and
37 ) require the Licensee to protect water quality. Article
33 requires the Licensee to assess the impact of the project
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on the water quality of the Little Truckee River , and to
deterr^ine ani im,1,3ement changes in project structures or
op eration5 necesGary to maintain State water quality standards .
Article 34' requires the Licensee to file a soil erosion an^
stream se-4imentation control plan . Article 35 requires the
-L°icpnsee tc file a plan for disposal of solid waste and
wastewater treatment and disposal during construction and
operation of the project . Article 36 requires the Licensee
to file a plan for oil and hazardous substances storage,
spill prevention , and spill cleanup. Article 37 requires the
Licensee to file a plan for the storage and disposal
of construction spoil .
Historical , Cultural and Archeological Resources
The California State Historic Preservation Officer concurs
with the Applicant that the proposed construction would not
involve properties listed or eligible for inclusion in the
National Register of Historic Places . The California Archeological
Inventory concludes that an archeological survey would be inappropriate
since the project would be of limited scope and would involve
only modification of existing structures and areas that were
heavily impacted when the existing facilities were built .
Article 38 is included herein for the protection of any
unidentified cultural resources discovered during construction
or development at the project .
Other Environmental Concerns
The USFS recommends the inclusion of license articles pertaining
to agency consultation on protecting and developing natural
resource values and the use of pesticides and herbicides on
National Forest System lands that are included herein as
Articles 39 and 40 , respectively.
The Applicant filed an application for a water quality certificate
for the proposed project on March 17 , 1983 , with the California,
Regional water Quality Control Board. Because no action has
been taken within 1 year from the date of the filing and the
Board has indicated that it will take no action, certification
is considered waived under Section 401 of the Clean Water Act .
No Federally listed threatened or endangered species or
critical habitat , or sites listed or eligible for listing on
the National Register of Historic Places will be affected by
the project .
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!^ l
Construct Activities Activities will result in minor , short-term
increases in noise , disturbance to wildlife , dust , and
sedimentation and erosion from disturbance of the riverbed
and la-)a s.• rf aces .
Tn accordan .e with the National Environmental Policy Act of
1969 , an FnNNironmental Assessment was prepared for the Roc?
Hydroelectric Project ( FERC No. 2920-001 ) .3/ On the basis sf
the record and Staff ' s independent environmental analysis,
issuance of a license for the project , as conditioned herein,
will not constitute a major Federal action significantly
affecting the quality of the human environment .
Need for Power
From the time the project goes on line until needed to serve
load directly , the proposed project will be available to
off-load existing fueled steam electric plants thereby conserving
nonrenewable resources and reducing the emission of noxious
by-products of combustion to the atmosphere.
Economic Feasibility and Other Aspects of Comprehensive Development
The estimated levelized annual cost of the project is $289 ,000 .
.- The project will operate with a total installed capacity of
2 .4 Mw and a hydraulic capacity of 450 cfs. An estimated
5,800 Mwh of electricity will be generated annually at a
plant factor of 28 percent . 4/
The proposed project would produce power at a cost of
approximately 49 .8 mills/kWh and would be economically feasible
based on the levelized cost of purchasing power from Sierra
Pacific and Power Company.
The proposed project is not in conflict with any existing or
planned development of the Little Truckee River nor the
Truckee River . The project would make good use of the
available head and water releases at the Boca Dam for water
power purposes and , therefore , subject to the terms and
conditions in this order, would be best adapted to the
comprehensive development of the Little Truckee and Truckee
River basins for beneficial public purposes.
3/ Environmental Assessment , Boca Hydroelectric Project , FERC
Project No. 2920-001-California, Division of Environmental
Analysis , Office of Hydropower Licensing, Federal Energy
Regulatory Commission , April 10 , 1985 . This document is
available in the Division of Public Information and in the
�^ Commission' s public file associated with this proceeding.
4/ Project energy generation is equivalent to the energy
that could be produced by burning 9,500 barrels of oil or
2 ,700 tons of coal annually in a steam electric power plant .
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I t i s orep red t ha t
( A ) 'TniP license is issued to the Truckee-Ponner Putlic
fit iIity Vistrict ( Licensee ) , under Part I of the Federal
Power Act (Act ) for a period of 50 years , effective the first
day of the month in which this order is issued , for the
construction , operation , and maintenance of the Roca Project
No. 2920 , located near Truckee , California , on the Little
Truckee River , at the base of the U.S . Bureau of Reclamation' s
Boca Dam. This license is suhject to the terms and conditions
of the Act , which is incorporated by reference as part of
this license, and subject to the regulations the Commission
issues under the provisions of the Act .
(B ) The Roca Project No. 2920 consists of: ( 1) All lands,
to the extent of the Licensee 's interests in those lands , consti-
tuting the project area and enclosed by the project boundary. . The
project area and boundary are shown and described by an exhibit that
forms part of the application for license and that is designated and
described as :
Exhibit FERC Number 2920- Title
G 4 Project Map
( 2 ) Project works consisting of: (a ) an expanded ( from SO-
inch ) 70-inch-diameter , 12-foot-long, existing outlet conduit ;
(b) a bifurcation in the expanded outlet conduit with a 70-
inch-diameter branch leading to a 90-foot-long penstock; (c)
a 30x2OxlO feet powerhouse containing a single horizontal
tube-type Kaplan turbine connected to a 4.16-kV synchronous
generator rated at 2 .4 MW; (d) the 4 .16-kV generator leads;
(e) a switchyard containing a 4 .16/14 .47-kV 3 .0 MVA step-up
transformer; ( f) a 14 .4-kV, 1 ,500-foot-long transmission line
interconnecting with a Sierra Pacific Power Company line; and
(g) appurtenant facilities.
The location, nature , and character of these project works
are shown and described by the exhibit cited above and by
certain other exhibits that also form a part of the application
for license and that are designated and described as:
Exhibit A
Sections ltii ) and 1 ( ii ) - Project Description
Exhibit F FERC Number 2920- Title
F-1 2 Plan and Profile of Dam
�'' F-2 3 Powerhouse Plan and Section
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( 3 ) All of the structures , fixtures , equipment , or facilities
uses? or uscl� ul in the operation or maintenance of the project and
locate' within 0►c- project boundary, all portable property that
may he employed in connection with the project , located within or
outside the project boundary , as approved by the Commission, and
all riparian or other rights that are necessary or appropriate in
the operation or maintenance of the project .
(C ) Exhibit G , designated in Ordering Paragraph (B ) above ,
is approved and made a part of the license.
( D) Exhibits A and F , designated in Ordering Paragraph (B)
above , are approved and made a part of the license only to the
extent that they generally show and describe the project works.
( E) This license is also subject to the terms and conditions
designated in Articles No. 1 through No. 32 set forth in Form L-2
( revised October 1975 ) entitled `Terms and Conditions of License for
Unconstructed Major Project Affecting Lands of the United States, "
attached to and made a part of this license. The license is also
subject to the following additional articles:
Article 33 . within 1 year following the date of issuance of
this license and prior to the engaging of any construction or
maintenance activity of a land-disturbing nature, the Licensee in
cooperation with the California Regional Water Control Board and
the Forest Service, shall complete a water quality study to
assess the impact of the project on the water quality of the
Little Truckee River and file the study with the Director,` Office
of Hydropower Licensing, along with comments from the above
agencies . The Director may approve the study or require its
modification. If the results of the approved study indicate that
changes in project structures or operations are necessary to
maintain water quality standards of the State of California,
Licensee shall file with the Commission a mitigative schedule for
implementing the specific changes in project structures or operations.
At the same time , the Licensee shall send copies of the schedule
to the agencies consulted. After 60 days following the filing
date , Licensee may commence activities consistent with the mitigative
schedule , unless the Director, Office of Hydropower Licensing,
instructs otherwise .
Article 34 . within 1 year following the date of issuance of
this license, and before starting any construction or maintenance
activity of a land-disturbing nature , the Licensee shall file
with the Director , Office of Hydropower Licensing, a plan approved
by the Forest Service for the control of erosion, stream sedimenta-
tion, dust, and soil mass movement.
1
After 60 days following the filinc date , the Licensee may commence
activities consistent with the plan , unless the Director , <';ffice
of Hydror^-•er Licensing instructs otherwise .
Article 35 . Within 1 year following the date nf issuance
of this license and before starting any construction or maintenance
activity of a land-disturbing nature , the Licensee in consultation
with the Forest Service and the California Regional Water Control
Board shall file a plan for the treatment and disposal of solid
waste ane waste water generated during construction and operation
of the project with the Director , office of Hydropower Licensing ,
and the Commission ' s Regional Fngineer in San Francisco, California ,
or their authorized representative . The plan shall address , at a
minimum , the estimated quantity of solid waste and waste water
generated each day ; the location of disposal sites and methods of
treatment ; implementation schedule; areas available for disposal
of wastes , design of facilities; comparisons between on- and
off-site disposal ; and maintenance programs . The plan will contain
evidence of agency concurrence.
After 60 days following the filing date , the Licensee may commence
activities consistent with the plan, unless the Director , Office
of Hydropower Licensing , instructs otherwise.
r- Article 36 . Within 1 year following the date of issuance
of this license and at least 60 days before starting any construction
or maintenance activity of a land-disturbing nature, the Licensee
shall file a plan for oil and hazardous substances storage and
spill prevention and cleanup approved by the Forest Service with
the Director, Office of Hydropower Licensing.
The plan shall require, at a minimum, the Licensee to maintain in
the project area a cache of spill cleanup equipment suitable to
contain any spill from the project; periodically inform the Forest
Service of the location of the spill cleanup equipment on National
Forest System lands and of the location, type and quantity of oil
and hazardous substances stored in the project area ; and to inform
the Forest Service immediately of the nature, time, date , location,
and action taken for any spill .
After 60 days following the filing date, Licensee may commence
activities consistent with the plan, unless the Director , Office
of Hydropower Licensing, instructs otherwise.
Article 37 . Within 1 year following the date of issuance of this
license and before starting any construction or maintenance activity
of a land-disturbing nature , the Licensee shall file with the
Director , office of Hydropower Licensing, a plan approved by the
Forest Service for the storage and/or disposal of excess
con=trct : ,ten,%tunnel st oils and s] ide material . At a minimum, the
plan sha1 : address contouring of any storage piles tr, confnrrt• to
adjacent ;an:'. forms and slopes ; stabilization and rehahilitation
of all spoil sites and borrow pits; and also prevention of water
contamination by leachate and runoff . The plan also shall include
an implementation schedule and maintenance program .
After 60 days following the filing date for the final plan , the
Licensee ray commence activities consistent with the plan, unless
the Director , Office of Hydropower Licensing, instructs otherwise.
Article 38 . Licensee shall , if any previously unrecorded
archeological or historical sites are discovered during the course
of construction or development of any project works or other
facilities at the project , halt construction activity in the
vicinity, consult a qualified archeologist to determine the signi-
ficance of the sites, and consult with the California State Historic
Preservation Officer (SHPO) to develop a mitigative plan for the
protection of significant archeological or historical resources .
If Licensee and the SHPO cannot agree on the amount of money to
be expended on archeological or historical work related to the
project , the Commission reserves the right to require Licensee to
s- conduct , at its own expense , any such work found necessary.
Article 39 . Licensee shall , during the operation of the
project , annually on or about the anniversary date of the license,
consult with the Forest Service, the U .S . Fish and Wildlife
Service, and other appropriate environmental agencies with regard
to measures needed to insure continued protection and development
of the natural resource values of the project area. The Commission
reserves the right , after notice and opportunity for hearing, to
require such changes in the project and its operation as may be
necessary to accomplish such natural resource protection and
development .
Article 40. Licensee shall not use pesticides or herbicides
on National Forest System (NFS) lands for any purpose without the
prior written approval of the Forest Service. Each year on or
about the anniversary date of the license, the Licensee shall file
a pesticide and herbicide use plan approved by the Forest Service
with the Director, Office of Hydropower Licensing . Exceptions to
this schedule may be allowed only when unexpected outbreaks of pests
require control measures that were not anticipated at the time the
annual report was submitted. At that time the Forest Service may
grant an emergency approval . The Licensee shall , within 1 month ,
file a copy of this approval with the Director, Office of Hydropower
Licensing. Only those materials registered by the U.S. Environmental
Protection Agency for the specific purpose planned will be
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corsidPreO for use on National Forest System lands . Label instruc-
tion-, will be strictly followed in the preparation and application
of pestici .�?e= and disposal of excess materials. and containers .
Article 41 . Licensee shall commence construction of project
works within 2 years from the issuance date of the license and
shall complete construction of the project within 4 years from
the issuance date of the license .
Article 42 . Licensee shall provide to the Commission 's
Regional Engineer, the Director, Office of Hydropower Licensing ,
and the U .S. Bureau of Reclamation , one copy each of the final
contract drawings and specifications for pertinent features of
the project , such as water retention structures, powerhouse, and
water conveyance structures, at least 60 days prior to start of
construction. The Director, office of Hydropower Licensing, may
require changes in the plans and specifications to assure a safe
and adequate project .
Article 43 . Licensee shall , within 90 days of completion
of construction, file for approval by the Director, Office of
Hydropower Licensing , revised Exhibits A and F to describe and
show the project as-built .
Article 44 . The design and construction of those facilities
that would be an integral part of, or that could affect the
structural integrity or operation of the Government project shall
be done in consultation with and subject to the review and approval
of the U .S. Bureau of Reclamation (USBR) . The Commission reserves
the right to resolve any disagreement between the Licensee and
the USSR.
Article 45. Licensee shall review and approve the design
of contractor-designed cofferdams and deep excavations prior to
the start of construction and shall ensure that construction of
cofferdams and deep excavations are consistent with the approved
design . At least 30 days prior to start of construction of the
cofferdam, the Licensee shall file with the Commission 's Regional
Engineer and Director, Office of Hydropower Licensing , and the
U .S . Bureau of Reclamation one copy each of the approved cofferdam
construction drawings and specifications and a copy of the
letter( s) of approval .
Article 46. Licensee shall enter into an agreement to
coordinate their plans with the U .S . Bureau of Reclamation (USSR)
for access to site activities on lands and property administered
by the USBR so that the authorized purposes, including operation
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of the FP'rral fac•iliti ,-s , are protected . In general , the agreement
shall not he redundant with the Commission 's requirements contained
it this lien,7c and? Shall identify the facility, and the study
and cnrs! r..ction activitieq , as applicahle , and terms and conditions
under studies and construction will be conducted . The
agreement shall he mainly composed of the following items : ( 1 )
reasonable arrangements for access to the USBR site to conduct
studies an:? construction activities , such access rights to be
conditioned by the USBR as may he necessary to protect the federally
authorized project purposes and operations ; ( 2 ) charges to be
paid by Licensee to the USBR (a ) for technical studies by the
USSR that relate solely to the structural integrity or operation
of the USBR facility associated with power plant development , (b)
for review of designs including plans and specifications , and for
construction inspections based on personnel costs, where such
review and inspections are directly related to the structural
integrity or operation of the IVSBR dam, and (c) for construction
costs that may be incurred by the USBR for the specific and sole
purpose of accommodating the installation of power facilities at
the existing USBR dam; and (3 ) charges to be paid by Licensee to
the USBR for copies of reports, drawings and similar data based
on printing and mailing costs , provided that charges shall not be
assessed for information, services, or relationships that would
normally be provided to the public. Should the Licensee and the
�- USBR fail to reach an agreement , the Licensee shall refer the
matter to the Commission for resolution .
Article 47 . The construction, operation and maintenance of
the project works that , in the judgment of the U.S. Bureau of
Reclamation (USBR) may affect the structural integrity or operation
of the USBR project shall be subject to periodic or continuous
inspections by the USBR. Any construction, operation or maintenance
deficiencies or difficulties detected by the USBR inspection will
be immediately reported to the Regional Engineer. Upon review,
the Regional Engineer will refer the matter to Licensee for
appropriate action. The USBR inspector will report to the Regional
Engineer the need to stop construction , operation or maintenance
while awaiting resolution of construction, operation or maintenance
deficiencies or difficulties if such deficiency or difficulty
would affect the structural integrity of the USBR project .
Article 48 . Licensee shall , prior to commencement of
operation, enter into a memorandum of agreement with the U .S.
Bureau of Reclamation (USBR) describing the mode of hydropower
operation acceptable to the USSR. The Regional Engineer shall be
invited to attend meetings regarding the agreement . The memorandum
of agreement shall be subject to revision by mutual consent of
the USBR and Licensee as experience is gained by actual project
/1'~
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operation: . Should the Bureau fail to reach an agreement with the
Licensee , the matter will he referrer° to the Director , Office of
Pyre ropnwF T LicenFing , for resolution. Copies of the signed rremorandur
between t ^.r USIiF an;? Licensee and any revision thereof shall be
furnish.e;: to the Director , Office of Hydropower Licensing, and the
Regional Fngineer .
Article 49 . The Licensee shall have no claim under this
license acainst the United States arising from the effect of any
changes made in the operation or reservoir levels of the U.S .
Bureau of Reclamation ' s Boca Project .
Article 50 . The Licensee shall provide the Regional Engineer
two copies of all correspondence between the Licensee and the
U .S . Bureau of Reclamation (USBR) . The Regional Engineer shall
not authorize construction of any project work until the USBR' s
written approval of construction plans and specifications has
been received by the Regional Engineer.
Article 51 . The Licensee shall pay the United States for
the following annual charges:
(a ) For the purpose of reimbursing the United States for
the cost of administration of Part I of the Act , a reasonable
amount as determined in accordance to the provisions of the
Commission's regulations in effect from time to time. The
authorized installed capacity for that purpose is 3 ,200
horsepower.
(b) For the purpose of recompensing the United States for
utilization of surplus water or water power from the Government
dam, a reasonable amount as determined by the Commission 's
regulations in effect from time to time.
( c) For the purpose of recompensing the United States for
the use occupancy, and enjoyment of one acre of its lands,
other than for transmission line right-of-way, a reasonable
amount as determined in accordance with the provisions of
the Commission 's regulations in effect from time to time .
(d ) For the purpose of recompensing the United States for
the use , occupancy , and enjoyment of one acre of its lands
for transmission line right-of-way, a reasonable amount
as determined in accordance with the provisions of the
Commission 's regulations in effect from time to time.
(F) This order is final unless a petition appealing it
to the Commission is filed within 30 days from the date of its
issuance , as provided in Section 385 .1902 of the Commission 's
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regulations , 18 CFR 385 . 1902 ( 1983 ) . Licensee ' s failure to file
a petition appealing this order to the Commission shall constitute
accent anc•= of tt i s order . In acknowledgment of acceptance of j
this order and its terms and conditions , it shall be signed by
the Licensee and returned to the Commission within 60 days from
the date this order is issued .
i
{
1
i
Quentin A. Edson
Director , Office of
Hydropower Licensing
Project No. 2920-001
r--
IN TESTIM.)NY of its acknowledgment of acceptance of all the terms
anc conditions of this order , Truckee-Donner Public Utility
District , can this day of _ �_- - ,y 19P6,— has
caused its name to be signed hereto by Z- /�,2,eTi� �v���. its
President , and its municipal seal to be affixed hereto and attested
by its Manager, pursuant to a resolution of its Board of Directors
duly adopted on the ije� day of
a certified copy of the record of which is attached hereto.
Y
Sy
s ent
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?01^ 1
Attest :
t
Manager
(Executed in quadruplicate)
f
ti
,o�
1 O^ :,—2
(Revsed Cc to e: , 1975)
F£^.£AL ENERGY REGULATORY C0M_".5SI0N
TEXUS AND CONDITIONS OF LICENSE FOR
UNCONSTRUCTED MAJOR PROJECT
AFFECTING LANDS OF THE UNITED STATES
Article 1. The entire project, as described in phis
order o ' ssion, shall be subject to all of ths-
provisions , for s, and conditions of the license.
Article Z. No substantial change shall be made in .
the maps, pans , 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 CoamLission deem
it'necessary or desirable that said approved exhibits,
or any of these, be changed, there shall be submitted
to the Commission for approval a revised, or additional
'e' xhibit or exhibits covering tha 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 o4hibits theretofore made a part of the license
as may be specified by the Commission.
Jrticle 3. The project works shall be constructed
in suB`tan—'T conformity with the approved exhibits
referred to in article 2 herein or as changed in accord-
ance 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
dar- or other project works under the license or any sub
stdntial 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
-...., in an adverse environmental impact, or in impairment of
.:..e general scheme of development; but any of such minor changes
without the :prior approval of the Commission, which in its
�u� went have produced or will produce any of such results,
be subject to such alteration as the Commission may
=ect.
the completior. of the prc;ect , or a: szch ct e_ �
t:�zae as _':e Commission may direct, the Licensee shal: s. Mlt
to the Cxmisaion..for approval revised exhibits insofar as
necessan to show any divergence from or variations in the
project area and project boundary as finally located or in
the pro:act works as actually constructed when compared with
the area and boundary shown and the works described in the
license cr 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 main-
tenance�e project and any work incidental to addi-
tions or alterations shall be subject to the inspection
and supervision of the Regional Engineer, Federal Power
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 feature or alteration thereof shall not be
initiated until the program of inspection for the project
works or any such feature thereof has boon approved by
said representative. The Licensee shall also furnish
to said representative such further information as he may
r_cuire concerning the construction, operation, and
maintenance of the project, and of any alteration thereof,
and shad 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 *reek, 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.
• 3 -
Ar• • -_e 5 The ..icensee , five years from t a !ate
of issuance o. the license , shall acgv.-J a title in fee or -4
right to Z:se 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 -le
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 than current regulations of the Commission. The
provisions of this article are not intended to prevent the
abandonment or the retirement from service of structures ,
equipment, or other project works in connection with replace-
ments 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 . In the event the project is taken over
by the nittec—States upon the termination of the license
as provided in Section 14 of the federal Pares Act, or is
transferred to a new licensee or to a non-power licensee
under the provisions of Section 15 of said Act, the Licensee,
its successors and assigns shall be responsible for, and shall
make good any defect of title to, or of right of occupancy
and use in, any of such project property that is necessary
or appropriate or valuable and serviceable in the maintenance
and operation of the project, and shall pay and discharge, or
shall assume responsibility for payment and discharge of, all
liens or encumbrances upon the project or project property
created by the Licensee or created or incurred after the
issuance of the license: Provided, That the provisions of
this article are not intended to require the Licensee, for
the purpose of transferring the project to the United States
or to a new licensee, to acquire any different title to, or
right of occupancy and use in, any of such project property
than was necessary to acquire for its own purposes as the
Licensee.
4
Art-:..e 7 . The actual legitimate original cost of
the pro;ect, and of any addition thereto or betterment
thereof , . shall be .determined by the Comaussion in accordance
with the Federal Power Act and the Cosmission ' s Rules and
Regulations thereunder.
Article S . 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 dete=ination 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 satis-
factory to the Commission or its authorized representative.
The Commission reserves the right, after notice and oppor
�,. tunity 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 flog thereof, 'shall be under the
supervision of, or in cooperation with, the District Engineer
of the United State Geological Survey having charge of
stream-gaginq operations in the reqion of the project, and
the Licensee shall advance to the United States Geological
Survey the amount of foods 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 9 . The Licensee shall, after notice and
opportunity or 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 intarest to do so.
- 5 -
A-t_cle 1:0 . The Licensee shall , a!ter notice and
opportz--;.ty .oz 'hearing , coordinate the operation of -e
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 11. Whenever the Licensee is directly
banefit a by tie construction work of another licansee,
a permittee , or the United States on a storage reservoir
or other headwater improvement, the Licensee shall reimburse.,
the owner of the headwater improvement for such part of the
annual charges for interestv maintenance, and depreciation
thereof as the Commission shall determine to be equitable,
and shall pay to the United States the cost of making such
datermination as fixed by the Commission. For benefits
provided by a storage reservoir or other headwater improve-
ment of the United States, the Licensee shall pay to the
Commission the amounts for which it is billed from time
to time for such headwater benefits and for the cost of
�^ making the determinations pursuant to the then current
regulations of the Commission under the Federal Power Act.
Article 12. The operations of the Licensee, so far as
they affect s Use, storage and discharge from storage of
waters affected by the license, shall at all times be
controlled by such reasonable rules and regulations 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 Licenses 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 Commission may prescribe
for the purposes hereiabefore mentioned.
Article 13. 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 CommI ssion, after notice and opportunity
- 6 w
for :-,eaz:.ag , 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 ccmFeasation 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
r. have been adopted with respect. to the use of such waters.
Article 14 . In the construction or maintenance of the
project�work3 the Licensee shall place and maintain suitable
structures and devices to reduce to a reasonable degree the
liability -of contact between its transmission lines and
telegraph, telephone and other signal wires or power trans-
mission lines constructed prior to its transmission lines
and not owned by the Licensee, and shall also place and
maintain suitable structures and devices to reduce to a
reasonable degree the liability of any structures or wires
falling or obstructing traffic or endangering life. None
of the provisions of this article are intended to relieve
the Licensee from any responsibility or requirement which
may be imposed by any other lawful authority for avoiding
or eliminating inductive interference.
Article 15. The Licensee shall, for the conservation
and development- of fish and wildlife resources, construct,
maintain, and operate, or arraage 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 tha Secretary of the Interior or the fish and wildlife
-agency or agencies of any State in which the project or
a tart thereof is located, after notice and opportunity
nor hearing.
7 Article 1-5 . Whenever the Lnited States shall desire ,
in connection wlth the project, to ecrst.sct fish and
wildlife facilities or to improve the existing fish and
wildlif.p facilities at its own Axpense, the Licensee shall
permit the United States or its designated agency to use,
free of coat, such of the Licensee ' s lands and interests in
lands , reservoirs , waterways and project works as may be
reasonably required to complete such facilities or such
improvaments 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 wild-
life facilities or to relieve the Licensee of any obligation
under this license.
Article 17 . The Licensee shall construct, maintain,
and operate, or shall arrange for the construction, main-
tenance, and operation of such reasonable recreational
facilities , including modifications thereto, such as
access roads , wharves , launching ramps, beaches, picnic
and camping areas , sanitary facilities, and utilities ,
giving consideration to the needs of the physically
handicapped, and shall Comply with such reasonable modi-
fications of the project, as may be prescribed here-
after by the Commission during the term of this license
upon its own motion or upon the recommendation of the
Secretary of the Interior or other interested Federal
or State agencies, after notice and opportunity for hearing.
Article 19 . So far as is consistent with proper
operation of 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.
�-t• c�e 19 . In :t..e construction, maintenance, or
operatic- o-f the project , t::e Licensee shall be responsi _e
!or , and *!%all take reasonable measures to prevent, soil
erosion on lands adjacent to stream or other waters,
stream sedimentation, and any form of water or air pollution.
:he Commission, upon request or upon its own motion, may
order r:e Licensee to take such measures as the Commission
finds to be necessary for these purposes, after notice
and oppor%mity for hearinq.
20 .ArticleThe Licensee shall consult with the �
appropriate 5tote and Federal agencies and, within one
year of the date of issuance of this license, shall sub-
mit for Commission a - j
approval a plan for clearing the reser-
voir i
voir 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 this
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 cleariaq 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 represen-
tative of the Commission and in accordance with appropriate
Federal. State, and local statutes and regulations.
Articl* 21. Tin ber on lands of the United States cut,
used,o Ust=oyed in the construction and maintenance of
the project works, or in the clearing of said lands, shall
be paid for, and the resulting slash and debris disposed
of, in accordance with the requirements of the agency of
the United States having jurisdiction over said lands.
Payment for merchantable timber shall be at current stump-
age rates, and payment for young growth timber below
merchantable size shall be at currant damage appraisal
values. However, this agency of the United States having
jurisdiction may sell or dispose of the merchantable
timber to others than the Licensee: Provided, That timber
so sold or disposed of shall be cut and ved from the
area prior to, or without undue interference with, clearing
operations of the Licensee and in coordination with the
Licensee's project construction schedules. Such sale or
disposal to others shall not relieve the Licensee of
responsibility for the clearing and disposal of all
slash and debris from project lands.
r
9 -
Article 22 . The Licensee shall do everyt.~ing rea-
sonably wig-its power, and shall require its employees,
contractors , and employees of contractors to do every-
thing reasonably within their power, both independently
and upon the request of officers of the agency concerned,
to prevent, to make advance preparations for suppression of,
and to suppress fires on the lands to be occupied or used
under the license. The Licensee shall be liable for and shall
pay the costs incurred by the United States in suppressing
fires caused from the construction, operation, or main-
tenance of the project works or of the works appurtenant
or accessory thereto under the license. f
Article 23 . The Licensee shall interpose no ob-
jection to, 7M shall in no way prevent, the use by the
agency of the United States having jurisdiction over the
lands of the United States affected, or by persons or
corporations occupying lands of the United States under
permit, of water for fire suppression from any stream,
conduit, or body of water, natural or artificial, used
.-- by the Licensee in the operation of the project works
covered by the license, or the use by said parties of
water for sanitary and domestic purposes from any
stream, conduit, or body of water, natural or artificial,
used by the Licensee in the operation of the project
works covered by the license.
Article 24 . The Licensee shall be liable for injury to,
or destruction of, any buildings, bridges, roads, trails,
lands, or other property of the United States, occasioned
by the construction, maintenance, or operation of the
project works or of the works appurtenant or accessory
thereto under the license. Arrangements to meet such
liability, either by compensation for such injury or
destruction, or by reconstruction or repair of damaged •
property, or otherwise, shall be made with the appropriate
department or agency of the United States.
Article 25 . The Licensee shall allow any agency of
the United Stites, without charge, to construct or permit
• to be constructed on, through, and across those project
lands which are lands of the United States such conduits,
chutes, ditches , railroads , roads , trails, telephone and
Power lines, and other routes or means of transportation
and co=unication as are not inconsistent with the enjoyment
r^
of said lands by the Licensee for the purposes of the license .
T':s license shall, not be construed as conferring upon
the Licensee any right of use, occupancy, or enjoyment
of the lands of the United States other than for the
construction, operation, and maintenance of the project
as stated wZ a license .
i
Article 26 . In the construction and maintenance of
the project, the location and standards of roads and �I
trails on lands of the United States and other uses
of lands of the United States, including the location :
and condition of quarries, borrow pits, and spoil dis-
posal areas , shall be subject to the approval of the
department or agency of the United States having supervision
over the lands involved.
Article 27. The Licensee shall make provision, or
shall bwLr a reasonable cost, as determined by the
agency of the United States affected, of making provision
for avoiding inductive interference between any project
transmission line or other project facility constructed,
,^. operated, or maintained under the license, and any radio
installation, telephone line, or other coamzuaication
facility installed or constructed before or after con-
struction of such project transmission line or other
project facility and owned, operated, or used by such
agency of the United States in administering the lands
- under its Jurisdiction.
Article 28. The Licensee shall make use of. the Commiss"les
guide Ines an other recognized guidelines for treatment of
transmission line riots-of-way,, and shall clear such portions
Of transmi;sion line rights-of-way across lands of the United
States as are designated by the officer of the United States
in charge of the lands; shall keep the areas so designated
clear of new growth, all refuse, and inflammable material to the satisfaction of such officer; shall trim all branches .
of trees in contact with or liable to contact the trans-
mission lines; shall cut and remove all dead or leaning
trees which might fall in Contact with the transmission
lines; and shall take such other precautions against
fire as may be required by such officer. No fires for
the burning of waste material shall be set except with
the prior written consent of the officer of the United
States in charge of the lands as to time and place.
Art:.c+e 29 . T':e Licensee hall cooperate w th the
unite S-Ga:es =1 t ;e disposal by the United States , va der
t'ze Act of July 31 , I947 , 61 Stat. 681 , as amended (30 u.S .C.
sec . 601 , et sec. ) , of mineral and vegetative materials from.
Lands of tom' nnIited States occupied by the project or any
Part thereof: Provided, That such disposal has been
authorized by *..e oa=ss:on and that it does not
unreasonably interfere with the occupancy of such lands
by the Licensee for the purposes of the license: Provided
further, That in the event of disagreement, any quest of
unreasonable interference shall be determined by the
Commission after notice and opportunity for hearing.
Article 30 . If the Licensee shall cause or suffer
esaentia 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 sailed 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 tequire 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 rem ini
within the project boundary to a condition s ng
a' factory
to the United States agency having jurisdiction over ,
itslands or the Commission's authorized representative,
as appropriate, or to provide for the ontinued operation
c
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
De the intent of the Licensee to surrender the license.
Article 31. The right of the Licensee and of its
successors anZ 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 P='oject works or otherwise, shall
absolutely cease at the and of the license period,
unless the Licensee has obtained a new license
*.o the than existing laws and re Pursuant
It---cense under_ the terms and conditions loof�thisalicensi
12 -
Article 32 . The terns and cond:-4ons exrress_y
o 3
set f in t. e license shall not be construed as
impairing any terms and conditions of the Federal Power
Act which are not ixpressly set forth herein.
_ i