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Relicensing

Notice of Intent (NOI) to Relicense.

The NOI is simply a letter to the FERC Secretary indicating the City’s intent to relicense, rather than abandon or otherwise relinquish ownership rights to, the Blue Lake Project. If an owner does not submit a timely NOI, the FERC begins action to terminate the existing license, and to solicit offers from other entities to take over the project. The City filed the NOI with FERC on November 1, 2002

Initial Consultation.

The FERC requires that relicensing applicants conduct Initial Consultation, a process through which the applicant prepares and distributes a descriptive document outlining the project description, affected environment, any proposals to modify the project or its operations on relicensing, and proposed studies and environmental impacts, as known at the time of initial consultation.

The Initial Consultation Document (ICD) is a document describing the Project works and operation, the relicensing process and schedule, the existing Project area environment, and expected environmental impact issues and related mitigation or enhancement measures which might relate to relicensing. The ICD also contains a set of design drawings of the project and project area maps. The ICD was distributed to a list of interested agencies and entities (noted in the back of the ICD) in November, 2002.

Initial Consultation Meeting

The FERC hydro project relicensing regulations require an applicant to conduct an Initial Consultation Meeting early in the relicensing to present project and relicensing-related information to the attendees. Regulations also require an applicant to make available a site visit to allow interested parties to view the project facilities. (Under the ALP, this meeting may be combined with the Scoping Meeting. The City has elected to hold both Initial Consultation and Scoping meetings)

The City has conducted two meetings, one primarily for agency participation (the topics were largely technical and procedural) and the other for broader public participation. Both meetings were held on December 17th, 2002, in Sitka. Draft and Final Agency Meeting Minutes were distributed by the City. The public meeting was transcribed on video tape, which is available from the City at the Contact Address. Comments on the meeting and ICD are available at the Browse Relicensing Documents link.

Request to Use Alternative Licensing Process (ALP)

At the initial public meeting, the City announced its intention to utilize the Alternative Licensing Process (ALP) , a relatively new process authorized by the FERC to streamline the licensing process. Under the ALP, the City would conduct certain elements of the National Environmental Policy Act (NEPA) and would prepare a Preliminary Draft Environmental Assessment (PDEA), as described in more detail in the website links. Use of the ALP retains all of the public participation and independent federal review elements of the Traditional Licensing Process .

The City sent a letter requesting use of the ALP to the FERC on August 27, 2003 The FERC responded with a letter requesting certain activities, including a formal query of agencies regarding use of ALP, and review of a Draft Communications Protocol.

The CP identifies participants and directs communications, meetings, documentation and review of Project documents. After reviewing comments on the Draft CP, the City prepared the Final CP and submitted it to FERC with a further request for use of ALP by letter dated August 27, 2003. Use of ALP was approved by the FERC by their letter dated October 22, 2003.

Bi-annual Reports Required by ALP

The FERC regulations require that applicant’s using the ALP submit status reports every six months from the time of ALP approval. The first bi-annual progress report for the Blue Lake Project was submitted to the FERC for preliminary review on March 23, 2004. Following FERC’s approval of the form and content of this report, it was distributed to the Project mailing list for review. At the time of this website revision, two comments have been received (see Browse Relicensing Documents/Progress/Comments).

The second bi-annual progress report was submitted to the FERC and Project mailing list members on October 21, 2004.

The third bi-annual progress report was submitted to the FERC and Project mailing list members on April 26, 2005.

Study Planning, Execution and Reporting

Pre-NOI Study Planning and Reports

The City has been involved in natural resource study planning since well before formal initiation of relicensing. During 2000 and 2001, the City held informal meetings with various resource agencies to discuss preliminary studies for fish resources in Sawmill Creek, the primary waterway flowing out of the project dam. These discussions resulted in development of Preliminary Sawmill Creek Fisheries Study Plan which was implemented from late 2000 through, 2001. Reports for the 2000 and 2004 study seasons have been distributed (fisheries reports for 2001, 2002, 2003 and 2004). Surverys were prepared by Mr.Wolf and the City.

Fisheries and Wildlife Study Planning and Meeting(s)

On April 24th , 2003, the City conducted a formal planning meeting for fisheries and wildlife studies at the Alaska Department of Fish and Game offices in Juneau. Prior to this meeting, the City distributed a Draft Fisheries Study Plan and a Draft Wildlife Study Plan, both via e-mail. These study plans, unlike the Preliminary Sawmill Creek study plans discussed under “Pre-NOI Study Planning” were based on agency comments on the ICD and discussion during the Initial Consultation Meetings. They also included Blue Lake studies .

Details of these plans were discussed at the meeting. Draft and Final minutes were prepared for this meeting.

The Final Fisheries Study Plan and Final Wildlife Study Plan were distributed after incorporation of agency comments.

Other study plans will be developed in the future, including, but not limited to, those for cultural resources, water quality, and recreation. The City will post the draft and final versions of those study plans on this website as they become available.

Instream Flow Study Planning.

A general instream flow study planning meeting was held in Sitka on October 22, 2003, in association with the Scoping meeting and site visit. Minutes of the October, 2003, IFIM meeting were prepared by the City.

The City conducted another instream flow meeting on December 8, 2003, in Juneau to discuss details of an instream flow method. At that meeting, a proposal for Expert Habitat Mapping (EHM) was made by US Forest Service (USFS). Following the meeting, the City prepare a Draft Instream Flow Study Plan which described a combination of EHM and hydraulic measurement-based instream flow methods for Sawmill Creek. Also at that meeting, the instream flow sub-group discussed and preliminarily approved a list of target fish species and life stages. Draft and final minutes for the December 8th meeting were distributed by the City on December 12, 2003.

The City conducted an instream flow site visit on March 3, 2004 , to help familiarize participants with Sawmill Creek hydraulic and habitat features. Following the site visit, a meeting was held in Sitka to discuss general instream flow study planning.

The City convened a teleconference with ADF&G’s Anchorage Instream Flow Coordinator on 3/25/04 to discuss techniques and equipment for the hydraulic measurement component of the studies. Draft minutes of that teleconference were distributed by the City on 4/02/04.

Following that teleconference and further discussions with USFS, it was agreed that the instream flow studies would include only the hydraulic measurement component. The City does not currently plan to use the EHM component described in the minutes of the December 8, 2003, meeting.

Based on discussions at all previous instream flow meetings and site visits, a Supplement to the Instream Flow Study Plan was distributed by the City on April 9, 2003. On April 15, 2004, the City initiated a conference call among instream flow sub-group members. During that teleconference, the City introduced its instream flow consultant, Jon Ptacek of Miller Ecological Consultants (MEC) of Ft. Collins, CO. Draft minutes of the teleconference were distributed by the City on April 28, 2004.

An interagency instream flow site selection field trip was held on April 20, 2004. Cross-section locations were established in Sawmill Creek Reaches 1-5. Beginning April 20 and continuing through April 22, the City and its instream flow contractor conducted field measurements of the selected cross-sections on Sawmill Creek.

On September 8, 2004, another instream flow meeting was held in Juneau to discuss how the instream flow negotiations would proceed. Draft minutes and Final Minutes of that meeting were prepared by the City.

On September 24, 2004, the City distributed a draft Instream Flow Data Report documenting 2004 field work on Sawmill Creek by Miller Ecological Consultants (MEC), of Ft. Collins CO. The report is currently under review.

On January 19, 2005, a meeting of the Instream Flow Team (IFT) was held in Juneau to discuss Habitat Suitability Curves (HSC’s) for coho and steelhead. Prior to this meeting, the City distributed a Draft HSC Paper for review. Draft meeting minutes are currently being reviewed by attendees; after approved finalization, the meeting minutes will be made available in the website.

Based on comments from the meeting, a Revised Draft HSC Paper was distributed to the Instream Flow Mailing List on February 15, 2005.

Cultural Resources Study Planning.

A Draft Cultural Resources Study Plan was submitted for review by appropriate agencies on May 28, 2004. Comments were received from certain agencies, and are reflected in the Final Cultural Resources Study Plan distributed on September 28, 2004. At this time the City is selecting a cultural resources contractor to conduct field surveys and gather historical and archaeological information.

Subsistence Study Planning

A Draft Subsistence Resources Study Plan was submitted for review by appropriate agencies on June 9, 2004. Comments were received from certain agencies, and are reflected in the Final Subsistence Resources Study Plan distributed on September 23, 2004. At this time the City is selecting a cultural resources contractor to conduct field surveys and gather historical and archaeological information.

Recreation Study Planning

Recreation study planning has been conducted primarily in consultation with the US Forest Service Sitka Ranger district office. A preliminary draft recreation study plan was reviewed by USFS and a series of comments, mostly regarding placement of traffic counters on Blue Lake area access roads and trials, were incorporated. A revised draft recreation study plan is currently under review.

Study Execution and Reporting

To date, the City’s fisheries contractor (Mr. Karl Wolfe of Sitka) has, in cooperation with the Electric Department, prepared four, Sawmill Creek Fisheries Reports. The 2001, 2002, 2003, and 2004, Preliminary Sawmill Creek Study Reports, distributed in 2002, 2003, 2004 and 2005. Documented results of the 2000-2005 surverys.

On June 27, 2005, a Wildlife Resources Report was distributed to the Project fish and wildlife mailing list (see cover letter). The second wildlife report, documenting surveys during 2005, was sent to selected agencies and tribe paticipants, on February 27, 2006. While the report was not identified as a draft, timely comments are welcome.
All reports are available in hard-copy at the Contact Address ,and have been distributed to all relevant resource agencies and the Sitka Tribe of Alaska (STA).

Scoping Meeting and Documents

Scoping is a process required under the NEPA of 1969, the objective of which is development of a list of environmental issues to be addressed through the environmental review process of a federal action (such as relicensing a federally-licensed project ). In September, 2003, the City prepared a Scoping Document I (SDI) containing a project description, and a preliminary listing of expected environmental impact issues.

After review of this document, the public and agencies were invited to a Scoping Meeting, held on October 22, 2003, to discuss and comment on the relicensing process and Project-related impact issues. This meeting was videotaped. Copies of the video tape are available at the Contact Address .

Comments were received on SD1 (Browse Relicensing Documents,) and SDI was revised into a Draft Scoping Document 2 (SD2) which was distributed for final agency review in April, 2004. Comments on the Draft SD2 were received from USFS and the Final SD2 was submitted to the FERC on, August 18,2004.

Draft License Application

The Draft License Application (DLA) is reviewed by members of the Project mailing list, and is sent to the FERC for information only. Recipients are given 90 days to review the DLA, after which the City will incorporate comments and work toward settlement of resource-related terms and conditions.

The City sent Compact Disc (CD) copies of the DLA (in pdf. format) to relevant agencies and other parties on June 23, 2005. The CD contained the Preliminary Draft Environmental Assessment ( PDEA), and Exhibit A, Exhibit B, Exhibit C and Exhibit D. The DLA cover letter detailed the document transmittal, the review process, and contact information.

Also on June 24, 2005, the City sent nine (9) paper copies of the DLA to the FERC Secretary in Washington D.C. under separate cover letter ( FERC DLA transmittal letter).

Comments on the DLA are expected on or about September 26, 2005.

Final License Application (FLA)

On March 27, 2006, the City submitted an original and eight paper copies of the Final Application for License to the FERC. This submission included: the Cover Letter to FERC, the Application, Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit F, Exhibit G, Exhibit H and the Final Draft Environmental Assessment.

On March 28, 2006, the City mailed electronic copies of the above material to members of the Project mailing list, each mailing containing a Compact Disc with .pdf files of the Application, Exhibits and the FDEA. This submission to the mailing list was for information purposes only; no review was required at the time of the transmittal.

FERC License Application Processing

The FERC will review the FLA for adequacy under the FPA requirements and either accept of reject it. It is not unusual for the Commission to issue Additional Information Requests (AIRs) to obtain the information necessary for the Commission staff to prepare the FERC Draft Environmental Assessment. The FERC DEA is in the same format and contains roughly the same information as the Applicant’s DEA, but is the result of independent FERC Staff review, and may not present the same conclusions as the Applicant’s DEA. The FERC DEA review period is 30 days.

When the additional information is acceptable, the FERC issues a “Ready for Environmental Assessment” Notice, and requests Final Terms and Conditions from applicable resource agencies. If the Applicant disagree with any of the Terms and Conditions, FERC may implement formal Dispute Resolution.

After successful dispute resolution, FERC prepares the FERC Final EA which may accompany an Order Issuing New License.