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HomeMy WebLinkAbout20170825IPC to Staff Attachment 30-2.pdf Telephone: (208) 388-2112; Facsimile: (208) 388-6935 E-mail: jamestucker@idahopower.com JAMES C. TUCKER Senior Attorney January 7, 2005 Honorable Magalie R. Salas Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington DC 20426 Reference: Idaho Power Company -- Project No. 1971 (Idaho/Oregon) Hells Canyon Hydroelectric Project Settlement Process – Interim Agreement Dear Secretary: In accordance with my letter to J. Mark Robinson of December 30, 2004, I have enclosed for filing an original and eight copies of the Hells Canyon Hydroelectric Project Settlement Process – Interim Agreement (“Interim Agreement”). The Interim Agreement has been agreed to, by the execution of separate signature pages, by the following parties to the Hells Canyon Complex (HCC) settlement process: Party Date Idaho Power Company December 20, 2004 NOAA Fisheries December 20, 2004 USDA – Forest Service December 20, 2004 U. S. Fish & Wildlife Service December 21, 2004 U. S. Bureau of Land Management December 21, 2004 Idaho Rivers United December 22, 2004 American Rivers December 22, 2004 Oregon Department of Environmental Quality December 22, 2004 Oregon Department of Fish and Wildlife December 22, 2004 Shoshone Paiute Tribes December 27, 2004 Nez Perce Tribe December 29, 2004 Shoshone-Bannock Tribes December 30, 2004 IDAHO POWER COMPANY P.O. BOX 70 BOISE, IDAHO 83707 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000 Secretary Salas January 6, 2005 Page 2 of 3 The HCC settlement process has been established consistent with the discussions between the parties and Commission Staff on September 9, 2004. As indicated in the correspondence between the Commission Staff and NOAA Fisheries dated October 28 and November 12, 2004, the initial objective of the HCC settlement process was to address interim operations at the HCC project in an effort to provide agreed upon measures to the Commission by April 2005. Under this approach formal consultation under the Endangered Species Act (ESA) would be initiated after the comprehensive settlement agreement is completed and the draft EIS is issued. The Interim Agreement is therefore intended to address issues relating to operations of the HCC and ESA-listed species in advance of the issuance of a new license while the parties develop a comprehensive settlement agreement. In accordance with the provisions of the Interim Agreement, IPC has agreed to implement certain measures until a new license is issued for the HCC. IPC has also agreed to implement certain additional measures on an annual basis, provided that the parties remain engaged in settlement discussions intended to resolve long-term relicensing issues. The signatories agree that the measures in the Interim Agreement are intended to provide reasonable protection for ESA-listed species during the term of the Interim Agreement and also establish a basis for comprehensive settlement discussions to continue.1 Some parties involved in the HCC settlement process chose not to sign the Interim Agreement. Their reasons for doing so are their own. In this regard, enclosed is a copy of a letter received (electronically) from Ms. Harriet Hensley, Deputy Attorney General for the State of Idaho, indicating the basis for the State of Idaho’s decision to not sign the Interim Agreement. As Ms. Hensley’s letter indicates, Idaho’s decision is based on the relationship between some of the flow related measures contained in the Interim Agreement and other pending settlement processes that resulted from the Snake River Basin Adjudication (SRBA) mediation, a multi-year settlement process involving the State of Idaho, the United States, including the U.S. Department of Interior and NOAA Fisheries, the Nez Perce Tribe, and various private water user interests in Idaho. Through personal communications, I understand that some of the Idaho water user interests did not sign the Interim Agreement for similar reasons. Nonetheless, as Ms. Hensley’s letter indicates, the State of Idaho supports the settlement process and intends to be a full participant in the settlement discussions. I have been advised as well that the water user interests intend to continue to participate in the settlement discussions relating to a comprehensive settlement agreement. Finally, consistent with ¶ 5 (pg. 10) of the Interim Agreement, IPC is filing the Interim Agreement with the Commission for informational purposes only. IPC is authorized to proceed with implementation of the measures set forth in the Interim Agreement under the existing license for the HCC. 1 Contrary to Mr. Campbell’s letter of January 5, 2005, we did not intend to imply that all of the parties to the settlement process agreed to the Interim Agreement, only that a proposed interim agreement was taken from the settlement working group to the respective parties for review and consideration. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000 Secretary Salas January 6, 2005 Page 3 of 3 If you have any questions with regard to the enclosures, please feel free to contact me. The next meetings for the HCC settlement process are scheduled for January 11 & 12, 2005. Consistent with my December 30th letter, we will report to Mr. Robinson on the progress of the settlement process by the end of January 2005. Very truly yours, James C. Tucker cc: Service List J. Mark Robinson/FERC-OEP Alan Mitchnick/FERC-OEP M. Hathaway – J. Hastreiter/FERC non-decisional staff NOAA Fisheries USFWS American Rivers Idaho Rivers United USDA – Forest Service U. S. Bureau of Land Management Oregon Department of Environmental Quality Oregon Department of Fish and Wildlife Shoshone Paiute Tribes Nez Perce Tribe Shoshone-Bannock Tribes Parties to HCC Settlement Process 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 December 28,2004 Mr.Jim Tucker Idaho Power Company P.O.Box 70 Boise,ID 83707 RE;Hells Canyon Complex Relicensing Dear Jim: As you are aware,the State of Idaho has been involved In the Hells Canyon Complex relicensing process since its inception and has been an active participant in the settlement process on interim operations.Settlement of the controversial issues that pertain to the project's relicensing continues to be in the public interest and Idaho intends to be a full participant in the negotiations commencing in January 2005 on the components of a new license for the projects. Although the settlement process has been productive in many important ways,Idaho will not be a signatory to the settlement agreement on interim operations.IPC's role in passing and shaping water from the Bureau of Reclamation's projects in the Upper Snake River basin for the benefit of species listed under the Endangered Species Act is a fundamental component of the interim operations agreement.Likewise,the operation of the Bureau of Reclamation's projects in the Upper Snake River basin for that same purpose is a fundamental component of the proposed settlement of the Nez Perce tribal water right claims in the Snake River Basin Adjudication (SRBA). The proposed SRBA settlement of the Nez Perce tribal water right claims is the result of many years of difficult negotiations and provides for protection of fish habitat,including both flow and non-flow related issues,while preserving existing water uses.Accordingly,we asked that members of the Settlement Working Group (SWG)refrain from initiating new litigation related to the flow augmentation component of the proposed SRBA settlement while engaged in negotiations on IPC's future role in that same program.American Rivers and Idaho Rivers United advised that they would not agree to this term,and,consequently,Idaho will not be a signatory to the interim operations agreement. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 Mr.Jim Tucker Dcccmbcr 28,2004 Page -2 Nonetheless,Idaho fully supports the settlement process and intends to move forward collectively with the SWG in exploring the possibility for settlement.State of Idaho resource agcncies wili continue;lo play a critical role in technical discussions and in the development of any negotiated agreement and will,of course,work with IPC in carrying out the agencies' statutory responsibilities where those authorities intersect with implementation of the interim agreement. t look forward to working with you and the SWG in the next stage of negotiations. Sinccrely, HARRIET A.HENSLEY Deputy Attorney General HAH/Jh c:Mike Hughes {via electronic delivery) Jody Erickson (via electronic delivery) Settlement Working Group (via electronic delivery) Frank Wilson (via facsimile) Phil Rassier Doug Conde Scott Grunder Mary Lucacliick Jim Yost 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION ) Idaho Power Company )Project No.1971-079 (Hells Canyon Hydroelectric Project)) Hells Canyon Hydroelectric Project Settlement Process Interim Agreement The Idaho Power Company (IPC),the National Marine Fisheries Service fNOAA Fisheries),the U.S.Fish and Wildlife Service (USFWS),the U.S.Bureau of Land Management (BLM),the U.S.Bureau of Reclamation (BoR),the USDA Forest Service, the Oregon Department of Environmental Quality,the Oregon Department of Fish and Wildlife,the Oregon Water Resources Department,the Oregon Parks and Recreation Department,the Oregon Marine Board,the State of Idaho (ID),the Nlez Perce Tribe (NPT),Shoshone-Paiute Tribe,Shoshone Bannock Tribes,American Rivers (AR),Idaho Rivers United (IRU),the Idaho Water Users Association (IWUA),Payette River Water Users Association,Pioneer,Settlers and Nampa Meridian irrigation districts,the Cominittee ofNine,the Idaho Farm Bureau,the Columbia River Inter-Tribal Fish Commission,the Idaho Council on Industry and the Environment (ICIE)and the J.R. Simplot Company (hereinafter at times collectively referred to as the Settlement Working Group (SWG)),consistent with the discussions before Federal Energy Regulatory Commission (Commission)staff on September 9,2004 and the correspondence to the Commission from USFWS and NOAA Fisheries,dated September 24 and November 12, 2004,respectively,are in the process of establishing a Hells Canyon Complex (HCC) settiement process (''settlement process").The intent of the settlement process is to identify,consider,and resolve issues associated with the issuance of a new license for the HCC Settlement Process Interim Agreement;pg.1. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 HCC and develop a comprehensive licensing settlement agreement for submission to the Commission for approval. This Interim Agreement is intended to address issues relating to operations of the I ICC and ESA-Iisted species related to the project in advance of the issuance of a new license and while the SWG attempts to develop a comprehensive licensing settlement agreement.Should the assumptions that underlie this Interim Agreement change (including the assumptions about the BoR/s flow augmentation program)the signatory parties (the parties)will reconvene to consider the implications of the change.The parties may amend or modify this Interim Agreement by mutual agreement or withdraw with notification to the other parties.Neither the execution of this Interim Agreement nor agreement to the matters or measures set forth herein shall constitute an admission against the interests of any of the parties and shall not be used in any pending or subsequent litigation.This Interim Agreement is intended to resolve contested issues on an interim basis while the SWG explores long-term settlement alternatives.Should any of the SWG members withdraw from or terminate long-term settlement discussions or otherwise fail to agree to a final settlement agreement,under all circumstances,all claims,defenses and legal and equitable remedies shall remain available to them and arc not waived,relinquished nor abandoned by reason of the execution of this Interim Agreement or participation in the settlement process.Other than binding the parties to the specific interim measures contained in this Interim Agreement during its effective period,nothing herein shall set precedent or prejudice future arrangements,or affect any party's right to pursue alternative measures in connection with the development of a long- term agreement.The parties retain the option to make responsive filings with FERC pursuant to the relicensing process.Nothing in this agreement affects any party's rights or remedies in proceedings associated with relicensing of the project,including but not HCC Settlement Process [titcrim Agreement;pg.2, 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 limited lo proceedings under tlie Federal Power Act,the Clean Water Act or other federal or state laws;at tlie same time,the signatory parties will not take actions that undermine this agreement. The signatory parties have determined that several issues relating to operations and ESA-listed species related to the project must be addressed in the near-term.The measures in this Interim Agreement are intended to provide reasonable protection for ESA-listed species during this Interim Agreement and to establish the basis for comprehensive settlement discussions to continue.To this end,the undersigned parties agree to address several key issues associated with the operation or relicensing of the HCC in advance of the settlement agreement and/or issuance of a new license,as follows: I .Until a new license is issued for the HCC,IPC will: a.Monitor water flows in the Snake River above the HCC and take such action,as may be necessary,to protect and maintain the state water rights held by IPC, b.Provided that the federal flow augmentation program implemented by the BoR is consistent with state law,the SRBA Mediator's Term Sheet and the BoR's 2004 biological assessment,IPC will cooperate with the BoR in leasing water rights under l.C.§42-I08A for flow augmentation purposes and will pass all BoR flow augmentation water through its projects. (Parlies to this settlement who are not parties to the SRBA Mediator's Term Sheet are not,by the language above,endorsing the Term Sheet.) c.Continue lo implement the Fall Chinook Interim Recovery Plan and Study (IPC 1991 )to protect spawning,incubating,and emerging fall chinook salmon below the I ICC. d.From March I through May 3IsLof each year,monitor and identify HCC Settlement Process Interim Agreement;pg.3. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 potential stranding sites in tlie Snake River below the HCX to the confluence with tlie Salmon River and operate the HCC and/or take such other measures as may be necessary,to minimize the potential for stranding of juvenile fall chmook.In conjunction with these efforts,IPC will provide reports and updates regarding the status and progress of the monitoring to the SWG {or subcommittee thereof)and will seek the concurrence of NOAA and USKWS,and update the SWG as soon as possible,of any operations qr measures necessary to minimize stranding, e.Continue to fund the IPC hatchery program consistent with the terms of the 1980 Settlement Agreement,and continue to coordinate with state, federal,and tribal fish managers with regard to the implementation of the hatchery management measures contemplated by that Agreement and IPC's Final License Application (FLA),which shall include: i.Evaluating the need for screening the water intakes to provide safe passage at the Rapid River and Pahsimeroi hatcheries; ii.Providing an alternate water source at the Pahsimeroi Hatchery in an effort to manage whirling disease; hi.Moving forward with refinement of existing hatchery plans to facilitate:1)ESA permitting procedures lor hatchcry facilities and 2)development and implementation of future hatchery genetic management plans;and iv.Identifying studies and analysis that are needed to determine the extent and effects of hatchery steelhead HCC Settlement Process Interim Agreement;pg.4. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 released from [PC hatchery programs,on natural stecllicad populations. 2.IPC will implement tlie following measures in 2005,and will continue such measures in 2006 provided that the SWG remains engaged tlirough November of 2005 in settlement discussions intended to resolve issues associated with the long- term licensing of the HOC,or as provided in Section 3.a.Should settlement discussions continue beyond 2005-2006,IPC will contimie such measures in each calendar year thereafter provided the SWG remains engaged in settlement discussions through November of the preceding year (e.g.-IPC will continue such measures in 2007 provided the SWG is engaged in settlement discussions through November 2006.) a.2005 -Consistent with this agreement,IPC will use best efforts to hold Brownlce Reservoir at or near full elevation {approximately 2077 msl) through June 20tl1;and thereafter,subject to the conditions below,will draft Brownlec Reservoir to elevation 2059 (releasing up to 237 kaf)by August 7l11 (hereinafter referred to as the F/A (flow augmentation)draft). IPC will provide up to 237 kaf F/A draft in 2005.The date upon which the F/A draft begins,and the extent and volume of the releases,up to 237 kaf,may be modified after consideration of the variables listed below (items i.and ii.)-As the 2005 water year progresses or upon becoming aware of any variables that may impact either the fiUing of Brownlee Reservoir or the ability to provide the F/A draft.IPC will,to the extent feasible,seek a mutually acceptablc solution with NOAA Fisheries and USFWS,regarding its response to those variables and will advise the SWG.The variables are: HCC Scftlemont Process Interim Agreement;pg.5. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 i.Any potential impact to anadroinous and resident fish and wildlife species,water quality,navigation,and recreation,including recreational issues associated with access to,and the use of. Brown lee Reservoir over the three-day July 41h holiday period,I The parlies recognize that consideration of these issues may result in the F/A draft from Brownlee stopping over the 4111 of July holiday or beginning after the July 4ti1 holiday, li.The availability of water to fulfill the F/A draft and IPC's commitment to the Fall Chinook Plan and customer energy requirements.The volume of water available for release under the F/A draft is dependent upon the elevation of Brownlee Reservoir on the date that the F/A draft begins and the projected availability of inflows to refill Brownlee Reservoir for (.he purposes of the Fall Chinook Plan and system energy needs the following winter.The: parties to this Interim Agreement acknowledge that the reservoir elevation on any given day and the availability of water to refill Brownlee Reservoir in preparation for the Fall Chinook Plan and winter operations arc dependent upon variables that may be beyond IPC's control.These variables include,but are not limited to: 1.Climatic conditions.Snake River inflows to the reservoir, emergency situations,and flood control and navigation requirements; I IPC has provided the SWG with a copv ol'its settlement agreement with Baker Count)'dated October 3. 2003. HCC Seltlemenf Process Interim Agreement;pg.6. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 2.The necessity to utilize Brovvnlee Reservoir and the HCC to protect the jDerfbrniance,integrity,reliability,and stability of IPC's electrical system or the electrical systems with which it is connected,including compensating for an unscheduled loss of generation,providing generation during severe weather,energy shortages or periods of market instability,and providing Western Electric Coordinating Council and North American Electric Reliability Council reserves; b.2006 (and subsequent years provided the SWG remains engaged in settlement discussions or as provided in Section 3.a.)-The parties intend that the F7A draft of Brownlec Reservoir in 2006 will proceed as in 2005 and will result in the release of approximately 237 kaf of storage water at a financial impact no greater than approximately $2 Million to IPC and the ratepayers (S2 Million is also considered an approximate value in 2005, which is the basis upon which IPC provides 237 kaf in 2005)and that it will be subject to the same conditions and variables as the 2005 F/A draft (See:Section 2.a.)-IPC will seek the concurrence of NOAA and (JSFWS, and update the SWG in the fall and winter of 2005 in preparation for the F/A draft in 2006.The parties will review the 2005 F/A draft program, exchange information relative to the projected energy market and water year inflnences on the 2006 F/A draft program,and work together to ensure that the 2006 F/A program meets the expectations of the parties, the conditions and variables outlined in Section l.a.above,and the resource needs of listed species. HCC Scltlemcnt Fmccss hitcrim Agreement;pg.7. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 c.Provided that tlie federal flow augmentation program implemented by the BoR Is consistent with state law,the SRBA Mediator's Term Sheet and the BoR's 2004 biological assessment,and provided further that the annual financial hnpact to IPC and the ratepayers from cooperating with the How augmentation program,in conjunction with any impact from the F/A draft under Sections 2.a.&b.,is not greater than approximately $2 Million.IPC will cooperate with the BoR in shaping BoR storage water releases from above Milncr Dam that cannot be delivered to Brownlee Reservoir by August 31st by releasing up to 100 kaf of storage water from Brovvnlcc Reservoir from June 2 1st to August 7th and refilling Brownlee with an equivalent amount of BoR water released for flow augmentation when that water readies Brownlee Reservoir.IPC will ensure that any BoR releases for flow augmentation used to refill spacc at Brownlee Reservoir will be limited to the amount shaped and will be last of the BoR water released from above Milncr Dam delivered to Brownlee Reservoir, d.IPC will work with the SWG early in the long-term negotiation to set data collection priorities and ensure that adequate information is available to develop a comprehensive agreement. e.For the purpose of supporting settlement discussions and reaching a comprehensive settlement agreement,IPC will work with the SWG to identify,develop and review information relative to potential structural modifications (including preliminary designs and feasibility studies) and/or operations intended to address aquatic resources and water quality related issues associated with the comprehensive settlement regarding HCC Settlement Process Interim Agreement:pg.8. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 operation and licensing of the HCC (including dissolved oxygen,total dissolved gas.and seasonal water temperatures). f.IPC will work with state and federal agencies to provide water quality information to inform and support future ESA consultations and CWA §401 cert ill cat ions. g.The tnemhers of the SWG recognize that issues surrounding native resident and anadromous fish passage are unresolved and of critical importance to some members of the SWG and will be addressed in long-term settlement negotiations.In the interim,IPC agrees to disclose and share information,analysis and conclusions regarding past current and proposed future studies.Further,the parties to this agrccmem recognize that the SWG has agreed to form an interim subcommittee comprised of all interested SWG members,to evaluate existing information and develop recommendations for future studies necessary to evaluate the feasibility of and potential options for native resident and anadromous fish passage.The subcommittee's evaluation and recommendations will be considered in development of a comprehensive settlement agreement, 3.The signatory parties to this Interim Agreement agree,based upon information currently available,that the measures provided for herein are intended to provide reasonable protection during the term of this Interim Agreement for ESA-!isted species within and below the HGC and that parties will not seek any additional measures at the HCC to protect ESA-listed species so long as settlement discussions continue,provided: MCC SetHemcnt Process Interiif Agreement;pg.9. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 a.[f tlie settlement jDrocess results in a settlement agreement that provides for contiiuiation of interim measures as set forth in tliis agreement and/or otlicr measures in advance of the licensing of the HCC,IPC will undertake such action as is required to comply with the terms of the settlement agreement; b.If additional information is identified as the HCC settlement process proceeds (e.g.,through responses to additional information requests,IPC's ongoing monitoring,study or analysis associated with operations,or studies or analysis of third parties)that indicate either that modifications to the above measures or that additional measures may be necessary to protect ESA-listed specics,NOAA Fisheries and tlic USFWS,in cooperation with the SWG,will review and consider such information and make recommendations to IPC.Should IPC fail to implement the recommended measures within a reasonable time or otherwise reach agreement on an appropriate way to address the issues raised by the recommendation,the issue may be referred to FERC for resolution or any of the parties may elcct to withdraw from the settlement process and this Interim Agreement and pursue available legal remedies; 4.Except as otherwise provided in this agreement,IPC will work with the SWG in tlie implementation of this agreement. 5,The parties agree that IPC shall file this Interim Agreement with the Commission for informational purposes and that IPC may proceed with implementation of the measures set forth herein without Commission approval. HCC Settlement Process Interim Agreement;|)g.10. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 6.The signatory parties have executed this Interim Agreement by separate signature pages,each page indicating the date of execution and the identity and address oi' the party entering into this Interim Agreement. HCC Settlement Process Interim Agreement;pg.1 1. 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 HelJs Cnnyon Hydroelectric Project Settlement Process Interim Agreement Signature Page The Undersigned agrees to the Hells Canyon Hydroelectric Project Settlement Process Interim Agreement; Dated this C1 ^day of "b ,200^/ Name of Party: By:_ Address: Telephone: Idaho Power Company_ "<1 A/l u(L 1221 W Idaho Boise,(D 83702_ (208)388-2865__ HCC Settlement Pniccss Interim Agreement -Signature Page 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-l^l-OOO Hells Canyon Hydroelectric Project Settlement Process Interim Agreement Signature Pn^e The Undersigned agrees to the Hells Canyon Hydroelectric Project Scltlemcnt Process Interim Agreement; Dated this 20th Name of Party: By: Address: Telephone: .day of December .2004 NOAA Fisheries t //_ D.Robert Lohn.Regional Administrator 7600 Sand Point Wav NE Bldg.1 Seattle.WA 98115 503.231.2319 HCC Scttlemcnl Process Interim Agreement -Signature Pnge 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 Hells Canyon Hydroelectric Project Settlement Process Interim Agreement Signature Page The Undersigned agrees to the Hells Canyon Hydroelectric Project Settlement Process Interim Agreement; Dated this 20^ Name of Party: By: Address: Telephone: day of December ,2004 USDA Forest Service 333 SW First Avenue i Portland,OR 97204_ 503.808.2202 HCC Settlement Process Interim Agreement -Signature Page 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 Hells Canyon Hydroelectric Projcct Settlement Process Interim Agreement Signature Page The Undersigned agrees to Lhe Helis Canyon Hydroelectric Project Settlement Process Interim Agreument; is davof^i^.21)0'^"Dated this Name of Party: By: Address: TZ&kji Ik _ Telephone: l!CC Settlement Process Interim Agreement -SiRiiuture Pa(jc 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 Hells Canyon Hydroelectric Project Settlement Process Interim Agreement Signature Page The Undersigned agrees to tlie Hells Canyon Hydroelectric Project Settlement Process Interim Agreement; -^CDatedthisL\day of.^g-Ci^JsL^QO Name of Party:"b£Xv) By: Address:.o.f P vw^T . loo Orumo^ST.Vodk ;Di^l8 Telephone;^3 G 12 O ( HCC Settlement Proccss Interim Agreement -Signnturc Page 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 H tills Canyon Hydroelectric Project Settlement Process Interim Agreement Signature Patic !lit;Undersigned agrees to the Hells Canyon Hydroelectric Project Settlement Proceiis Interim Agreement; Dated this "Z Z-day of J)regies-,200^ Name of Party;ha By: Address:O-(>3 3 L^D. S 7 Telephone:C^0%\)3 H 3 ~7 ! IICC Scttlcmciil Process Interim Agreement -Signature Fagu 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 Hells Canyon Hydroelectric Project Settlement Process Interim Agreement Signature Page The Undersigned agrees to the Hells Canyon Hydroelectric Project Settlement Process Interim Agreement; Dated this '^day of ,200 'f Name ofParty: By: Address: Telephone: /'ri I."-I (/i;-',v (V c;'¦-¦ -//l\C/u/u /C'-J ^^'/ik-ir /vV l\/S {VAil-fi (nJu 'D)D CJOC o A3 '/¦r ?s's"-o v 30/3 HCC Settlement Process Interim Agreement -Signature Page 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 Hells Canyon Hydroelectric Project Settiement Process Interim Agreement Signature Page The Undersigned agrees to the Hells Canyon Hydroelectric Project Settlement Process Interim Agreement; Dated this day of 200 Name of Party;^^i\{O f'(^7\0 !-C&--(<¦-1^" By: Address: Telephone: (LU 7M £6 }F £30 Pe^U^k/vi 7301 Jf!9-y<L/^(d HCC Settlement Proccss Interim Agreement -Signature Page 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 Hells Canyon Hydroelectric Project Settlement Process Interim Agreement Signature Page The Undersigned agrees to the Hells Canyon Hydroelectric Project Settlement Process Interim Agreement; Dated this 3 Name of Party: By: Address: Telephone: day of £>£(L ,200_^ Oregon Department of Fish and Wildlife t IL 3406 Cherry Ave NE Salem,Oregon 97303 503-947-6044 HCC Settlement Process Interim Agreement -Signature Page 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 Hells Canyon Hydroelectric Project Settlement Process Interim Agreement Signature Paec The Undersigned agrees to the Hells Canyon Hydroelectric Project Settlement Process Interim Agreement; Dated this £7 ^ay af >200 Name of Party:PL.:^ By:X). Address:Oi fegj-2 ! . Telephone:{X-OCi)3 100 FICC Settlement Process Interim Agreement -Signature Page 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 Hells Canyon Hydroelectric Project Settlement Process Interim Agreement Stentiturc Page The Undersigned agrees to the Hells Canyon Hydroelectric Projcct Settlement Process Interim Agreement; Dated this 29Ih day of December,2004 Name of Party:Nez Perce Tribe By: By: Address; Telephone: '7r-r- ribal Executive.hairman,Nez Perco Tribal Executive Committee ^/L^ /Secretary,N.^z PerctrT^ribal Executive Committee i P.O.Box 305 I Lapwai,Idaho 83540 (208)843-2253 HCC Settlement Process Interim Agreement -Signature Page 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000200501075106ReceivedFERCOSEC01/07/2005 05:07:00 PM Docket#P-1971-000 HeJls Canyon Hydroelectric Project Settlement Process Interim Agreement Signature Page The Undersigned agrees to the Hells Canyon Hydroelectric Project Settlement Process Interim Agreement; Dated this SO day o Name of Party: By: Address:SHOSHONE -BANNOCK TRIBES Telephone: 200^ Q//MA P.O.BOX 306 FORT HALL.IDAHO 83203 HCC Settlement Process Interim Agreement -Signature Page Submission Contents IPCInterimAgreement.pdf···············································1-28 200501075106 Received FERC OSEC 01/07/2005 05:07:00 PM Docket# P-1971-000