20070322Application.pdf

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Pacific Power I
Rocky Mountain Power
201 South Main. Suite 2300
Salt Lake City. Utah 84111r,
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March 22, 2007
VIA OVERNIGHT DELIVERY
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702-5983
Attention:Jean D. Jewell
Commission Secretary
Case No. PAC-07-
In the Matter of the Application of Rocky Mountain Power for an Accounting
Order for Costs Related to the Flooding of the Powerdale Hydro Facility
Re:
Rocky Mountain Power, a division ofPacifiCorp ("RMP" or the "Company ), hereby applies to
the Idaho Public Utilities Commission ("IPUC" or the "Commission ) for an order (1)
authorizing the Company to transfer its undepreciated net investment of approximately $8.
million in the Powerdale Plant from Federal Energy Regulatory Commission ("FERC") Account
101 , Electric Plant in Service, to FERC Account 182., Unrecovered Plant and Regulatory Study
Costs, (2) permitting the Company to record Powerdale decommissioning costs estimated to be
approximately $6.3 million to FERC Account 182.2 and (3) establish amortization periods for
these amounts. A signed original and seven (7) copies of this Application is provided via
overnight delivery.
Communications regarding this Application should be addressed to:
Brian Dickman
Manager, Idaho Regulatory Affairs
201 South Main, Suite 2300
Salt Lake City, UT 84111
Telephone: [phone]
Facsimile: [phone]
E-mail: Brian.Dickman~PacifiCorp.com
Dean Brockbank
Senior Counsel
201 South Main, Suite 2300
Salt Lake City, UT 84111
Telephone: [phone]
Facsimile: (80l) 220-3299
E-mail: Dean.Brockbank~PacifiCorp.com
In addition, it is respectfully requested that all formal correspondence and Staff requests
regarding this material be addressed to:
By E-mail (preferred):datareq uest~pacifi corp. com
By Fax:[phone]
By regular mail:Data Request Response Center
PacifiCorp
825 NE Multnomah, Suite 800
Portland, OR 97232
Informal inquiries may be directed to Brian Dickman at [phone].
Sincerely,
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Jeffrey K. Larsen
Vice President, Regulation
Enclosures
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION)
OF ROCKY MOUNTAIN POWER FOR AN)
ACCOUNTING ORDER FOR COSTS)
RELA TED TO THE FLOODING OF THE)
POWERDALE HYDRO FACILITY
March 2007
CASE NO. PAC-07-
APPLICATION
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Dean Brockbank
Rocky Mountain Power
201 South Main Street , Suite 2300
Salt Lake City, Utah 84111
Telephone: [phone]
FAX: [phone]
Dean.Brockbank (fYPacifiCorp.com
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Attomey for Rocky Mountain Power
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION)
OF ROCKY MOUNTAIN POWER FOR AN)
ACCOUNTING ORDER FOR COSTS)
RELA TED TO THE FLOODING OF THE)
PO'VERDALE HYDRO FACILITY
CASE NO. PAC-07-oLf
APPLICATION
Pursuant to Idaho Code ~61-524 and Procedural Rule 52, Rocky Mountain Power, a
division of PacifiCorp ("RMP" or the "Company ), hereby applies to the Jdaho Public Utilities
Commission ("IPUC" or the "Commission ) for an order ()) authorizing the Company to
transfer its undepreciated net investment of approximately $8.9 million in the Powerdale Plant
from Federal Energy Regulatory Commission ("FERC") Account 101 , Electric Plant in Service
to FERC Account 182., Unrecovered Plant and Regulatory Study Costs, (2) permitting the
Company to record Powerdale decommissioning costs estimated to be approximately $6.
million to FERC Account 182.2 and (3) establish amortization periods for these amounts.
Powerdale costs associated with the $8.9 million electric plant in service are currently
being recovered in rates.Any incremental cost impact resulting from approval of this
application will be addressed in the Company s next general rate case, including the recovery of
the decommissioning costs.
In support of this Application, RMP states as follows:
APPUCA TION OF ROCKY MOUNTAIN POWER
Rocky Mountain Power does business as a public utility in the State of )daho and
is subject to the jurisdiction of the Commission with regard to its public utility operations.
Rocky Mountain Power also provides retail electricity service in the states of Utah and Wyoming
and PacifiCorp provides retail electric service in California, Oregon and Washington as Pacific
Power.
This Application is filed pursuant to Idaho Code ~61-524 , which authorizes the
Commission to prescribe the accounting to be used by any public utility subject to its
jurisdiction.
Communications regarding this Application should be addressed to:
Brian Dickman
Manager, )daho Regulatory Affairs
Rocky Mountain Power
201 South Main Street, Suite 2300
Salt Lake City, UT 84111
Brian.Dickman (fYPacifiCorp.com
Dean Brockbank
Senior Counsel
Rocky Mountain Power
20l South Main Street, Suite 2300
Salt Lake City, Utah 84111
Dean.Brockbank (fY PacifiCorp.com
In addition, it is respectfully requested that all formal correspondence and Staff requests
regarding this material be addressed to:
By email (preferred)datarequest (fYpacificorp.com
By regular mail Data Request Response Center
PacifiCorp
825 NE Multnomah, Suite 2000
Portland, OR 97232
By facsimile [phone]
Informal inquiries may be directed to Brian Dickman at [phone].
BACKGROUND
On November 7 2006, the 6-MW Powerdale generation facility (the "Powerdale
Plant ) was severely damaged by flooding and debris flow. Exhibit 1 to this Application
contains photographs showing the extent and severity of the damage.
APPLlCATJON OF ROCKY MOUNTAJN POWER
The Company has analyzed the relative cost-effectiveness of repairing the flood damage
to the Powerdale Plant now or retiring the plant before its current FERC-mandated
decomnlissioning date of April 1 , 2010.Such economic analysis demonstrates that early
retirement is the most cost-effective option for RMP customers.
Powerdale is located in north-central Oregon on the Hood River, south of its
confluence with the Columbia River, in Hood River County. Constructed in 1922 and 1923 , the
major components of Powerdale include a small diversion dam ("Powerdale Dam ) and reservoir
(with less than 5 acre-ft of storage capacity), a 3-mile-long water conveyance system, and a
single-unit , 6 000-kW powerhouse. Additional components include five vertical traveling fish
screens located at the intake structure of the conveyance system at the west abutment of the dam.
A 19-pool fish ladder is located at the east abutment of the dam.
The Company initiated the federal rehcensing process for Powerdale in 1995. On
February 27, 1998, the Company filed an application with FERC for a new hcense to continue
operating the project. In December 2001 , FERC released an Environmental Assessment ("EA")
discussing the effects of the project. On February 1 , 2002 , the Company filed a Motion to Abey
License Proceedings with FERC, because operation of the project under terms and conditions set
forth in the EA would not be economical.In July 2002 , the Company released a draft
decommissioning plan.
In 2003 , the Company filed with the FERC a settlement agreement among PacifiCol'p and
many other parties addressing the interim operation and decommissioning of Powerdale. In
November 2005 FERC adopted this settlement agreement and issued a removal order
Removal Order ) for Powerdale, which (1) amended the project s annual license to permit
continued generation and incorporate proposed protection , mitigation and enhancement
APPLICATION OF ROCKY MOUNTAIN POWER
PM&E") measures for a period lasting until April 1 , 2010; (2) required the Company to cease
generation of power on April 1 , 2010; (3) provided for the removal of the project and
implementation of associated PM&E measures by February 29, 2012; and (4) dismissed the
application for relicensure. Copies of the Removal Order and the Settlement Agreement
Concerning the Interim Operation and Decommissioning of the Powerdale Hydroelectric Project
(the "Settlement Agreement ) are provided as Exhibit 2,
Pursuant to the Removal Order, the Company now has a plan to commence
decommissioning of Powerdale in April 2010. Section 5 of the Settlement Agreement approved
in the Settlement Order, however, addressed the possibility that a catastrophic event (such as the
November 7 , 2006 flood) could render continued operation of the plant uneconomic before that
date. Under Section 5 , entitled Early Cessation of Generation; Early Decommissioning, " upon
the occurrence of a catastrophic event , the Company may cease ,generating power with notice to
the parties and necessary FERC approvals. Such a decision limits the Company s interim
operation responsibilities under the Removal Order and permits RMP to commence
decommissioning prior to April 2010. On February 1 , 2007 , the Company sent its letter to the
FERC describing the flooding event, requesting to cease generation immediately and affirming
that it will defer consideration of beginning formal decommissioning activities prior to April
2010 until it has consulted with the settlement parties identified in Exhibit 2 Part 2. On February
, 2007, the FERC issued its approval letter stating, "In light of the reasons stated in your letter
your request to cease generation at the Powerdale Project is granted." Copies of the Company
February 1 letter to the FERC and the FERC February 8 approval letter are provided as Exhibit
APPLICATION OF ROCKY MOUNTAIN POWER
ANALYSIS
As shown in Exhibit 1 , the Powerdale Plant sustained considerable damage during
the November 7, 2006 flood , including failure of the ten-foot diameter flowline in two locations
and flooding of the powerhouse , switch yard, and garage/shop area. As a result of the flooding,
the river channel shifted substantially, isolating the tailrace from the river channel. The tailrace
channel cannot be effectively dredged because the elevation of the river channel is now higher
than the tailrace elevation due to significant sediment deposition in the river.
The Company has and will continue to incur project stabilization costs and replacement
power costs associated with the flooding of the Powerdale Plant , neither of which are covered by
this Application.
RMP has conducted an economic analysis to determine whether to repair and
operate the plant until 2010 or retire it now. This analysis is based on a comparison of the total
costs required to retire the Powerdale Plant versus total costs to repair and operate it. The
analysis demonstrates that retirement is an overall lower cost-to-customers alternative than
repair/operation by approximately $1.611 million. Therefore , RMP intends to retire the plant
assuming the Commission approves this Petition. The Company compared the following two
options:
Option 1. Repair Operation:Repair and reconstruct the Powerdale Plant and operate it until
decommissioning in April 2010 according to the terms of the FERC Removal
Order. This analysis assumed that the total capital cost to repair the plant was
approximately $3.7 million; that an additional $20 000 O&M cost would be
incurred for tailrace dredging; that the plant would operate from July 2007 to
April20l0 and produce 5,426 MWh in 2007,189 MWh in 2008 and 2009 and
APPUCATION OF ROCKY MOUNTAIN POWER
231 MWh in 2010.
Option 2. Retirement:Stabilize the flooded area for public safety and keep the plant shut
down until final decommissioning while providing the foregone power from other
sources. This analysis assumed a $69 000 saving in O&M cost relative to Option
I and replacement power priced according to the September 30, 2006 Company
Official Market Price Projection.
For each option, the Company calculated the present value of the revenue requirement
("PVRR") of the option over the period until the planned decommissioning in April 2010.
Analyses of both options included assumed receipt by the Company of the maximum estimated
property insurance payment of approximately $745 000. The difference between the present
values of these two PVRR streams (the "PVRR(d)") established the option with the lowest long-
term cost to customers.
The results of this analysis are summarized in Exhibit 4 which shows that the PVRR of
Option 1 is approximately $4.046 million and of Option 2 is $2.435 million producing the
PVRR(d) favorable to Option 2 of $1.611 mjIJion stated above. The cost assumptions upon
which this analysis is based, as well as other Powerdale Plant costs, are detailed in Exhibit 5.
Exhibit 5 details assumptions based on total plant costs.
ACCOUNTING TREATMENT
RMP seeks an accounting order addressing two categories of costs resulting from
the November 7 , 2006 flood: (1) undepreciated investment in the Powerdale plant and (2)
Powerdale decommissioning costs.
This Apphcation proposes retirement of the Powerdale Plant based upon the outcome of
the Company s cost-effectiveness analysis. The Company s decision to retire the plant will
APPLICA T)ON OF ROCKY MOUNT A)N POWER
result in the potential impairment of the Powerdale Plant physical and intangible assets in
accordance with FAS 90
, "
Regulated Enterprises-Accounting for Abandonments and
Disallowances of Plant Costs . This accounting treatment will require PacifiCorp to write-off its
undepreciated plant investment in the absence of the requested accounting treatment from its
commIssIons.
Pursuant to Idaho Code ~61-524 , RMP proposes to address any incremental
revenue requirement impacts of these costs in its next general rate case. RMP proposes to
account for the costs by recording the decommissioning costs and the undepreciated pOJ1ion of
Powerdale s plant assets in FERC Account 182., Unrecovered plant and regulatory study costs
10.The net book value of the tangible and intangjble Powerdale Plant assets at
December 31 , 2006, equals approxjmately $8.9 milljon. The actual amount transferred to FERC
Account 182.2 wjll be the remajnjng undepreciated net book value as of the date of the transfer.
The Company will amortize this balance at a rate equal to the deprecjation rate used for the
Powerdale balance in FERC Account 101 , or 4., which js currently jncluded in rates. The
Company anticipates requesting a change in this rate with the approval of a new depreciation
study to be filed in September 2007 wjth an anticipated effective date of January 1 , 2008. The
Company anticipates requesting a three-year amortization period for the remaining balance of the
unrecovered net plant balance in that study.
The Company requests authority record approximately $6.million
decommissioning costs, with provision for final reconciliation for final actual expenditures. This
amount represents The Company s current best estimate of the costs of complying with FERC's
Removal Order in light of the Powerdale Plant flood. The Company also requests a three-year
amortization period for the deferred decommissioning expenses upon inclusion in rates in the
APPUCATION OF ROCKY MOUNTAIN POWER
next rate case.Absent Commission authority, the Company would need tD recognize the
decommissioning costs as a current period expense.
If this application is approved supported by the Company,Powerdale
decommissioning costs will be accounted for as follows (all dollar figures are approximate):
An additional liability of approximately $6.3 million will be recognized on the
Company s books reflecting the Company s best estimate of the total costs to be
incurred in complying with FERC's Removal Order in light of the Powerdale
Plant flood.
The $6.million expense associated with the recognition of the liability will be
deferred as a regulatory asset in FERC account 182., rather than being
recognized as a current period expense.
The Company requests a three-year amortization of the decommissioning cost
regulatory asset upon inclusion in rates in the next rate case. )nclusion in rates
over the three-year period allows the company to collect the funds necessary to --
pay for the decommissioning of the plant when it begins in 2010.
As decommissioning occurs, the costs will be accounted for as a reduction in cash
and a corresponding offsetting reduction in the decommissioning liability.
11.Pursuant to the Revised Protocol, RMP'inter-jurisdictional cost allocation
methodology, hydro-related costs are initially allocated ratably to each jurisdiction served by
PacifiCorp. Under the Revised Protocol allocation method, the )daho-allocated share of the
undepreciated investment in the Powerdale Plant is approximately $557 000, and the ldaho-
allocated share of the decommissioning costs is approximately $393 000.These estimates are
APPLICA TION OF ROCKY MOUNTAIN POWER
calculated based on conditions as of the Company s March 2006 semi-annual filing and will
change over time as allocation factors change,
Under the Revised Protocol allocation method , subsequent to the initial system-wide
allocation, hydroelectric generation-related costs are included in the calculation of the Embedded
Cost Differential, which assigns the majority of hydroelectric costs to the western side of the
Company s system. In order to align cost responsibility with benefits received, the costs for
which this Application seeks an order would be included in the calculation of the Embedded
Cost Differential for future rate-making purposes based on the continued use of the Revised
Protocol.
WHEREFORE, Rocky Mountain Power respectfully requests that, in accordance with
Idaho Code ~61-524, the Commission issue an order authorizing the Company to transfer the
remaining undepreciated net book value of the Company s Powerdale Plant to a regulatory asset
account, to record the costs related to decommissioning the Powerdale generating facility to the
same regulatory asset account and establish amortization periods for these balances as described
in this Application.
Respectfully submitted this 2151 day of March, 2007.
J)~~iW!./
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Dean Brockbank
Attorney for Rocky Mountain Power
APPUCATION OF ROCKY MOUNTAIN POWER
EXHIBIT
POWERDALE DAMAGE
ASSESSMENT
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113 FERC ~62,148
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
PacifiCorp Project No, 2659-011
and -016
ORDER AMENDING LICENSE, ACCEPTING SURRENDER, AND DISMISSING
APPLICATION FOR NEW LICENSE
November 22, 2005
INTRODUCTION
1, This order amends PacifiCorp s current license for the 6-megawatt (MW)
Powerdale Hydroelectric Project No, 2659 (Powerdale Project) and accepts
surrender, with a delayed effective date, of the project's license, in keeping with
the proposals in a settlement agreement PacifiCorp filed on June 16,2003, The
order also dismisses PacifiCorp s application for a new license for the project.
PROJECT DESCRIPTION
2. The Powerdale Project is located on the Hood River in Hood River County,
Oregon.1 The project has an installed capacity of six megawatts (MW), and
includes: (1) a 10-foot-high, 206-foot-Iong concrete diversion dam; (2) an 80-foot
by 60-foot concrete intake structure; (3) a reservoir with a storage capacity of
approximately 5 acre-feet at the normal pool elevation of 292 feet National
Geodetic Vertical Datum (NGVD); (4) a 16,000-foot-Iong water conveyance
system consisting of a concrete canal, steel flume, settling basin, penstock intake,
wood stave and steel penstock, and surge tank; (5) an 86-foot-wide, 51-foot-Iong
1 Powerdale is located on a segment of the Hood River that has been determined to
be a navigable waterway of the United States. See 10 FERC ~ 62,216 (1980),
Project No, 2659-011 and -016 - 2-
concrete powerhouse with a 6-MW turbine-generator unit; (6) a 15-foot-Iong rock-
lined tailrace; and (7) upstream and downstream fish passage facilities,
3, There are no federal lands within the project boundary, but the powerhouse
and the lower half of the penstock are located in the Columbia River Gorge
National Scenic Area, which is managed by the U.S, Forest Service, The project
is operated in a run-of-river mode.
BACKGROUND
4, The original license for the Powerdale Project was issued March 14, 1980,
with an effective date of April 1 , 1962, and a termination date of March 1,2000,
for a license term of 37 years and 11 months,
5. Pursuant to Part I of the Federal Power Act (FPA),4 PacifiCorp filed an
application for new license on February 25, 1998, No competing applications
were filed, Since expiration of the original license, project operations have
continued pursuant to annual licenses, pending disposition of PacifiCorp' s
application for a new license.
6. Commission staff issued a draft Environmental Assessment (EA) on March
2001 , and a final EA on December 26,2001, addressing PacifiCorp
relicensing proposal. On February 1 2002, PacifiCorp informed the Commission
that it considered the costs of project operation with the recommended terms and
2 The existing ladder for upstream passage is located on the eastern side of the
dam. It operates with a 15 cubic foot per second (cfs) conveyance flow and an additional
70-cfs auxiliary attraction flow. Downstream passage is provided through the
combination of five vertical traveling belt screens located in front of the intakes to the
flowline and releases to the bypassed reach.
Pacific Power Light Companyl0 FERC 1( 62, 216 (1980), The license was
transferred to PacifiCorp in 1988. 45 FERC 1( 62 146 (1988). The license term was set
under the then-applicable license term policy for operating projects that the owners knew
or should have known were required to be licensed, See Bangor Hydro-Electric
Company, 6 FERC 1( 61,287 (1979),
4 16 U,C. ~ 808.
s 16 U.C.
~,
808(a)(1),
Project No. 2659-011 and -016 - 3-
conditions set forth in the final EA to be economically unacceptable, and it was
entering into discussions with other interested entities with a view to surrendering
its license and retiring the project
7. PacifiCorp and most of the entities involved in the relicense proceeding
conducted settlement negotiations, and on June 16, 2003, PacifiCorp filed a
settlement agreement (agreement) proposing to: (1) amend its original license to
extend the project's license tenn to February 12 2012; (2) permit operation of the
project, along with implementation of environmental protection, mitigation, and
enhancement measures, until 2010; and (3) between 2010 and 2012, remove most
project works' and secure the rest
8, A public notice of PacifiCorp' s offer of settlement and application for
surrender was issued on June 26, 2003,8 and timely interventions were filed by the
National Marine Fisheries Service (NMFS), the U,S, Department of the Interior
(Interior), and American Rivers. The State of Oregon filed a motion for late
intervention which was granted,, These four entities filed comments in support of
the settlement agreement and application for surrender of the license. The
, PacifiCorp refers to "decommissioning" of the project, and submits a "project
decommissioning plan (see Appendix B of the Agreement), but what it actually
proposes is removal of various project works, The tenn "decommission" has no
designated meaning in the context of Part I of the FP A, which governs hydropower
licensing, In various proceedings, parties, as well as the Commission, have used the tenn
as short-hand both for the cessation of hydroelectric generation and for the removal of
project works. For clarity, it is preferable to refer to project removal or the removal of
project works, where that is the intended meaning, Portland General Electric Company,
107 FERC CJI 61,158 at 61,519 n.11 (2004),
The agreement was signed by PacifiCorp; United States Fish and Wildlife
Service; National Marine Fisheries Service; Oregon Department of Fish and Wildlife;
Oregon Department of Environmental Quality; Oregon Water Resources Department;
Confederated Tribes of the Warm Springs Reservation of Oregon; American Rivers; and
the Hood River Watershed Group, In addition, the Hood River Valley Parks and
Recreation District signed as a non-party supporting the Agreement,
See Notice of Offer of Settlement, Application for Surrender of License, and
Soliciting Comments, Motions to Intervene and Protests, issued June 26, 2003,
See unpublished notice of December 3, 2003,
Project No, 2659-011 and -016 - 4-
Commission issued an EA of the agreement and surrender proposal on December
5, 2003.
9, Amendment/removal agreements like this one are, in effect, applications to
surrender an existing license with a future effectiveness date, and PacifiCorp
request has been treated as such here. to For the reasons discussed below, the
surrender of PacifiCorp s license with a delayed effective date of February 29,
2012, is accepted, The terms of the project's annuallicense11 are amended to: (1)
permit continued generation until April 1 , 2010,12 and (2) incorporate, with minor
modifications, the agreement's proposed protection, mitigation, and enhancement
measures for that period of time, The agreement's proposals concerning removal
of project works and associated protection and mitigation measures are also
adopted, with minor modifications, as requirements of the surrender, Because
PacifiCorp s surrender of its license is accepted, its application for a new license is
dismissed,
to With respect to PacifiCorp s request to extend the term of its license, the
standard basis for extending a license term is the licensee s need for additional years over
which it can amortize the cost of a substantial increase in generation capacity and/or
substantial new environmental measures, These bases are not present here.
PacifiCorp, 97 FERC 161 348 at 62 626 (2001), the Commission stated that, by
proposing, through amendment, to embed a retirement and removal requirement in the
then-current license for the Condit Project No. 2342, PacifiCorp was, in different
packaging, proposing to surrender that license, but delay effectiveness of the surrender
for a period of years, Here, as in PacifiCorp, the ultimate purpose of the proposed
amendment and settlement is project retirement and removal.
11 Pursuant to section 15(a)(1) of the FPA, 16 U,C. ~ 808(a)(1), the terms of an
annual license are the terms of the prior license, Furthermore, under the annual licenses
issued for a project, the terms of an existing license remain in effect pending relicense or
surrender, and are subject to amendment. See, Central Nebraska Public Power and
Irrigation District 50 FERC 161,180 (1990); and Central Nebraska Public Power and
Irrigation District, 56 FERC 161,059 (1991),
12 The agreement does not appear to specify a particular date in April. In the
absence of such specification, we assume that PacifiCorp is proposing to cease generation
and commence retirement activities on April 1, 2010,
Project No. 2659-011 and -016 - 5-
DISCUSSION
A. Delayed Effective Date of Surrender
10. The determination that a license ought to be surrendered and/or removed
does not per se mean that the public interest requires immediate cessation of
project operations. In some instances, it may be in the public interest for
generation to continue for some period before project removal begins.13 In this
instance, PacifiCorp and the settlement parties propose to commence project
retirement -- with its associated removal and securing of project works -- in
approximately 4,5 years after the Commission s acceptance of surrender, and
complete it approximately 7 years after acceptance.
11. PacifiCorp has proposed to surrender its license based on its determination
that the likely cost of environmental protection, mitigation, and enhancement
measures associated with relicensing the project, along with projected capital
expenses necessary to keep the project operating for a full new license term, would
make continued operation uneconomica1.14 It has proposed to delay effectiveness
of the surrender and to operate for an interim period in order to permit completion
of fisheries studies being conducted by Oregon Department of Fish and Wildlife
(Oregon DFW) and Confederated Tribes of the Warm Springs Reservation of
Oregon (Confederated Tribes).15 Because these studies involve sorting and
collecting fish at a collection facility located adjacent to the existing fish ladder at
the Powerdale project s dam, their successful completion is dependent on the
operation of the project's fish ladder until 2010, In addition, continued generation
of electricity during the interim period will maximize the value of all resources
associated with the project. On the facts of this case, I conclude that the proposed
delay is reasonable and supported by the record.
13 Arizona Public Service Co.97 FERC 161 315 at 62,456 (2001),
PacifiCorp s decision to surrender the project is also based in part on the fact that
a debris flow triggered by heavy rainfall resulted in a nearly six-month project shutdown
in September 2000, and its concern about the possibility of similar debilitating debris
flows in the future,
15 Oregon DFW and Confederated Tribes are undertaking fish studies in the Hood
River basin as part of an effort to rebuild anadromous fish populations in the Hood River.
16
See PacifiCorp, 97 FERC 161 348 at 62 626; Arizona Public Service Co"
FERC 161,315 at 62,456 (2001),
Project No. 2659-011 and -016 - 6-
B. Interim Operatin2 Period ReQuirements
12, PacifiCorp and the settlement parties have proposed the following
protection, mitigation and enhancement measures to apply during the interim
operating period (that is, until April 1 , 2010):17 (1) ramping rate requirements; (2)
minimum instream flow requirements;18 (3) cessation of generation between April
15 and June 30 of each year, during which period diversion flow will be reduced
to a maximum of 25 cubic feet per second (CfS);19 (4) water quality sampling and
monitoring requirements related to the yearly resumption of power generation in
July: (5) restriction of flushing of the sand settling basin; (6) operation and
maintenance of existing intake screens (including regular inspections, repair, and
rehabilitation, or replacement); (7) maintenance of the project's fish ladder
auxiliary attraction water bar rack; (8) limitation of ground-disturbing activities
that would affect terrestrial and wetland habitat; (9) cooperation with agencies in
the monitoring of endangered species; (10) revision of the project's cultural
resources management plan (CRMP) to reflect the actions proposed in the
agreement, and issuance of a new programmatic agreement; (11) continued
maintenance of existing recreation facilities; (12) information sharing with
agencies and project access to agencies; and (13) continued ownership and
maintenance of certain specified lands.
13, Based on staffs analysis in the EA, I find that these proposals for measures
to be implemented during the interim operating period will adequately protect the
17
See Agreement, Section 3.
18 PacifiCorp will also develop standard operating procedures to meet the ramping
rate and instream flow requirements, as well as monitoring plans and reports to ensure
compliance and assess any need for changes,
19 The cessation of diversion flow is intended to facilitate safe and effective
downstream passage of juvenile salmon and steelhead,
20 The lands described in the agreement appear to inc~ude lands outside the project
boundary as well as lands within it. See discussion infra. The Commission lacks
jurisdiction to require ownership and maintenance of lands not within the project
boundary although it may require that lands serving a project purpose be brought within
the project boundary,
Project No, 2659-011 and -016 - 7-
environment. PacifiCorp s license will be amended to include these provisions
except as discussed infra,
c. Project Surrender Requirements
15. ' For environmental protection and mitigation in connection with the
removal and/or securing of project works, PacifiCorp has proposed measures to:
(1) develop and implement an erosion and sediment control plan to protect the
Hood River from unplanned releases of sediment and debris, (2) conduct in-water
wor between July 15 and August 31 (unless a time period outside of that is
approved by Oregon DFW, NMFS, and FWS); (3) extend the existing fish ladder
return channel, and construct an artificial channel, to provide fish continued access
to the existing fish ladder entrance for downstream passage (unless NMFS, FWS,
21 Measures (1) through (9), above, are also applicable to the project pursuant to
conditions 1 and 2 of the water quality certification issued by the Oregon DEQ, and are
contained in Appendix A to this order. See discussion, infra, Requirements for measures
related to recreation facilities and information sharing and access are set out in ordering
paragraphs J and K, respectively, Requirements concerning cultural resources are set out
in ordering paragraph M,
22 PacifiCorp will also remove a fish sorting and trapping facility, constructed by
Oregon DFW and Confederated Tribes, that is attached to and contiguous with the
project's fish ladder,
23 "In-water work" refers to construction-related activities occurring within the
wetted portion of the stream channel.
Project No, 2659-011 and -016 - 8-
Oregon DFW, and Confederated Tribes agree such passage is not necessary); (4)
prepare final fish passage design and construction plans for the changes to the fish
passage facilities; and (5) develop and implement a fish passage monitoring and
mitigation plan,
16. PacifiCorp also proposes to: (1) complete surveys for threatened and
endangered species in areas planned for construction, and plan and design removal
activities to minimize impacts on wildlife species and habitats; (2) prepare and
implement a revegetation and mitigation plan; and (3) reach a draft memorandum
of agreement with the Oregon SHPO concerning cultural resources,
17, The surrender of a license for an existing project is conditioned, at a
minimum, on the licensee disconnecting the generating equipment and taking
measures to ensure public safety, The issue of whether to authorize or require the
removal of some or all project works requires additional analysis, such as that
conducted in an EA.
18. Based on staffs analysis in the EA,25 I find that project retirement will
benefit the environment, and that implementation of PacifiCorp' s proposed
protection and mitigation measures for project removal will adequately protect the
environment. 26
19, Finally, PacifiCorp also requests ado?tion of the Decommissioning Plan
contained in Appendix B to the agreement.2 While the Decommissioning Plan
provides an acceptable general scheme for project removal and its application is
not objectionable, it does not contain adequate engineering detail. To ensure that
the removal is adequately and safely conducted, this order requires PacfiCorp to
24
See Agreement, Sections 4.1 and 4,
25 Staff concluded that project removal would be beneficial to environmental
resources by restoring natural conditions within the lower Hood River and eliminating
project-related effects on resources in the project area,
26 The measures discussed above are also applicable to the project pursuant to
condition 3 of the water quality certification issued by Oregon DEQ, and they are
contained in Appendix A to this order.
27 The water quality certification requires compliance with the Decommissioning
Plan,
Project No. 2659-011 and -016 - 9-
file with the Commission detailed plans and specifications and other
preconstruction documents before commencing removal of project works.
Removal activities may not begin until the Commission s Division of Dam Safety
and Inspection, Portland Regional Office, has reviewed and commented on the
plans and specifications and determined that all preconstruction requirements have
been satisfied,
D. Other Matters
20, While the proposed amendment and surrender requirements are acceptable
overall, there are some aspects of the agreement that cannot be adopted as
submitted.
1. Commission Oversight
21. The proposed amendment and surrender terms provide for consultation and
approval by a variety of federal and state agencies; they do not, for the most part,
provide for the Commission s oversight or require its approval.
22. Section 6 of the FP A provides that hydropower licenses "may be altered or
surrendered only upon mutual agreement between the licensee and the
Commission after 30 days public notice"29 Our regulations provide that licenses
may be surrendered only upon the licensee s fulfillment of such obligations under
the license as the Commission may prescribe, as well as "upon such conditions
with respect to the disposition of (project) works as may be determined by the
Commission.
23. The Commission has both authority and responsibility to enforce its
licenses, and this authority does not end, nor does a surrender become effective,
until the licensee satisfies all conditions required by the Commission. Although it
is appropriate for PacifiCorp to consult with federal and state environmental
agencies concerning matters such as ramping, instream flows, etc., ultimately, it is
the Commission s approval PacifiCorp must obtain before it may implement either
28
See ordering paragraphs (G) through (1),
29 16 U,C. ~ 799,
18 C.R. ~ 6(2) (2005),
Project No. 2659-011 and -016 10 -
the license amendment or surrender conditions, Accordingly, we have added a
requirement for the Commission s approval to the appropriate conditions,
2. Schedules
24, Appendix A to the agreement purports to set out a schedule for
implementation of protection, mitigation and enhancement measures during the
interim operating period (Appendix A, Table A), and a schedule for
implementation of the project's retirement (Appendix A, Table B). The agreement
proposes that the Commission adopt the deadlines set out in these schedules,
25. Some of the Appendix A, Table A deadlines are tied to the effective date of
a "final" order in the proceeding,32 The agreement defines a "final" order as one
for which all administrative and iudicial appeals relating to the order have been
finally adjudicated or dismissed, 3 However, Commission orders are final unless a
request for rehearing is filed within 30 days from the date of the order s issuance,
as provided in Section 313(a) of the FP A. Furthermore, filing a request for
rehearing during the 30-day period does not operate as a stay of the effective date
of an order except as specifically ordered by the Commission, Thus, the deadlines
for actions occurring during the interim operating period and for implementation
of the project's retirement are tied to the date of issuance of this order.
26. Appendix A, Table B is a bar chart that appears to set out approximate
months in which various project retirement activities will begin and end, While
the periods of time provided for the activities are generally satisfactory, Table B
does not provide date-specific deadlines for commencing and completing
31 Agreement, Sections 3.1 and 4.1, respectively,
32 Specifically, Appendix A, Table A, provides that requirements concerning
ramping, instream flows, recreation facilities, and information sharing shall be
implemented 30 days after a "Final FERC Order," Sections 3,2, 3.3.2, and 3.13,2 of the
Agreement also tie required action to that deadline,
33
See Agreement, Definitions,
34
See ordering paragraphs, infra.
Project No. 2659-011 and -016 11-
retirement activities, Ordering paragraph G of this order requires PacifiCorp to do
SO.
3. Early Project Retirement
27. PacifiCorp and the settlement parties have requested that the Commission
incorporate Section 5 of the agreement in its amendment/surrender requirements,
Section 5 of the agreement provides that PacifiCorp may, subject to Commission
approval, cease generation and associated protection, mitigation, and enhancement
measures, and proceed with project retirement prior to 2010.36 Section 5 also sets
out protection and mitigation measures PacifiCorp would take after such early
cessation of generation (maintenance of facilities until removal, operation of dam
to allow operation of the Fish Trapping Facility),as well as to complete early
project retirement.
28. Adoption of the Section 5 language is not necessary to pennit PacifiCorp,
at some future date, to file a request to cease generation and retire the project
earlier than the deadlines adopted by this order, However, the propriety ,of early
cessation of generation and project retirement must be detennined based on the
circumstances presented at the time of the request. To approve terms for early
cessation of generation and project retirement as provided by Section 5 would be
to prejudge the issue, Accordingly, the requirements of Section 5 will not be
adopted.
35 Under Section 4.1 of the Agreement, the requirement for completion of project
retirement actions is subject to sections 2.2 and 7.3 of the agreement. Section 2,
provides that PacifiCorp may not be required to implement any action under the
agreement until all applicable pennits required for the action are obtained in a form that
does not conflict with the agreement, and any administrative or judicial review has been
completed. Section 7.3 of the agreement states that no party shall be liable for breach of
the agreement as a result of failure to perform or delay in performance, if it is delayed or
prevented by force majeure, This order deletes the section 2,2 and 7.3 caveats. If
PacifiCorp cannot meet a deadline set out in this order, it may file a request for an
extension. Section 7.3 anticipates a dispute amongst the parties concerning the
agreement.
36 Section 5,
37 Section 5.
Project No. 2659-0-11 and -016 12 -
4. Land Conveyances
29. Section 3.14 of the agreement states that PacifiCorp shall continue to own
certain lands identified in the agreement's Appendix D until March 29, 2012, and
shall not dispose of, encumber, or initiate changes in the character of those lands,
except for conveyances conducted in accordance with section 4.4 and Appendix E
of the agreement.
30. To the degree that Section 3,14 requires PacifiCorp to hold until February
29,2012, (i,e., the effective date of the license surrender) any project lands
identified in the agreement's Appendix D in the form they are currently owned
(that is, with any currently approved encumbrances, etc,), the requirement in
Section 3.14 will be adopted.
31, However, the Commission has no jurisdiction over project lands after the
license has been surrendered; therefore, the portion of Section 3,14 that addresses
post-surrender conveyances will not be adopted,
32, Nor will the language in Section 3.14 permitting actions and conveyances
specified in the agreement s Appendix E be adopted. Appendix E specifies five
actions and encumbrances to be permitted during the interim operating period, but
does not supply sufficient identification and description to permit a determination
of whether the proposed actions are within the project boundary and/or come
within the terms of the project's existing land use article, let alone make a finding
that they are reasonable, and in the public interest
38 Section 3.14 purports to permit post-surrender conveyances pursuant to Section
4.4 of the agreement,
39 While we will not adopt this provision in this proceeding, PacifiCorp is free to
request a further amendment to the annual license, supported by information that will
permit us to make a determination,
Project No, 2659-011 and -016 13 -
STA TUTORY REQUIREMENTS
A. Water Quality Certification
33. Under section 401(a)(1) of the Clean Water Act (CW A),40 any applicant for
a federal license or permit for an activity that may result in a discharge into United
States waters must obtain from the state in which the discharge originates
certification that the discharge will comply with applicable water standards,
Removal of the Powerdale diversion dam could result in a discharge under section
401 of the CW A, The Commission may therefore not approve the surrender
unless and until the state certifying agency has either issued water quality
certification for the action or has waived certification by failing to act on a request
for certification within a reasonable period of time, not to exceed one year,
34. In this instance, the certifying agency is the Oregon Department of
Environmental Quality (Oregon DEQ), On June 13, 2003, PacifiCorp applied
the Oregon DEQ for water quality certification, The Oregon DEQ's certification
was issued on June 11 2004.
35. The certification includes conditions: (1) addressing the continued
operation of the project through 2010; and (2) for the removal of project facilities
by 2012, Specific conditions related to the continued operation of the project
include minimum flows, ramping rates, an April 15 to June 30 reduction in
diversion flows, project startup operations, sand settling basin flushing,
maintenance of the intake screens, maintenance of the fish ladder auxiliary water
intake, water temperature monitoring and reporting, flow monitoring and
reporting, and specifications for ground-disturbing activities.
36. Specific conditions related to the removal of project facilities include
compliance with the settlement agreement and decommissioning plan
development and implementation of a sediment and erosion control plan, timing
and notification of in-water work, and providing for fish passage during dam
removal.
33 U,C, ~ 1341(a)(1),
41 The certification was filed with the Commission on July 28, 2004, but contained
only even pages, and the complete certification was refiled on August 25, 2004.
Project No, 2659-011 and -016 14 -
37. The water quality certification conditions are set out in Appendix A,
Compliance with Appendix A is required by ordering paragraph (E).
B. Endangered Species Act
38. Section 7(a)(2) of the Endangered Species Act of 1973 (ESA)
42 requires
federal agencies to ensure that their actions are not likely to jeopardize the
continued existence of federally listed threatened and endangered species, or result
in the destruction or adverse modification of designated critical habitat.
39. Based on its biological assessment conducted in the EA, Commission staff
concluded that the continued operation of the project and eventual project removal
would not be likely to adversely affect the bald eagle but would adversely affect
bull trout, Lower Columbia River (LCR) Chinook salmon, LCR coho salmon, and
LCR steelhead. Accordingly, on December 17, 2003, staff sent its biological
assessment to FWS, requesting concurrence in its determination that continued
project operation would not adversely affect the bald eagle, and requesting formal
consultation under section 7(a)(2) of the ESA on bull trout. Also, on December
17, 2003, Commission staff sent its biological assessment to NMFS, requesting
formal consultation under section 7(a)(2) on LCR Chinook salmon and LCR
steelhead, Commission staff did not request consultation on LCR Coho salmon
because it was not proposed or listed under the Endangered Species Act at that
time,
40, On June 14,2004, NMFS issued a notice proposing to list LCR coho
salmon as threatened, and on August 17, 2004, Commission staff issued an
addendum to its biological assessment, indicating that while the proposed action
would adversely affect LCR coho salmon, the action would not jeopardize the
continued existence of the species.
41. Subsequently, NMFS listed LCR coho salmon as threatened (June 28,
2005) and designated critical habitat in the project area for LCR Chinook salmon
and LCR steelhead (August 12, 2005),
42 16 U,C. ~ 1536(a)(2),
50 U,C. ~ 402,02(d).
Project No. 2659-011 and -016 - 15-
42. FWS's Biological and Conference Opinions, filed June 28, 2004, concurred
with the Commission s detennination that the proposed action would not
adversely affect the bald eagle. FWS' s opinion also indicated that the proposed
action would not jeopardize the continued existence of Columbia River distinct
population segment of bull trout, nor adversely modify or destroy proposed bull
trout critical habitat, but contained incidental take terms and conditions to
implement two reasonable and prudent measures necessary to minimize the take of
bull trout.
43. Subsequently, on October 6,2004, the FWS designated the Hood River in
the project area as critical habitat for bull trout. There have been no changes to the
proposed action or new information that would alter the analysis of project effects
on critical habitat as it is presented in the December 5,2003 EA, Based on that
information and analysis, I conclude that the proposed action will not adversely
modify or destroy critical habitat for bull trout and there is no need to reinitiate
consultation with FWS regarding the newly designated critical habitat for bull
trout.
44. ' NMFS issued both a draft44 and final Biological Opinion, Its final
Biological Opinion, filed September 22, 2005, concludes that the proposed action
will not jeopardize the continued existence of LCR Chinook salmon, LCR coho
salmon, or LCR steelhead, nor adversely modify or destroy proposed critical
habitat for LCR Chinook salmon or LCR steelhead, but contains terms and
conditions to implement reasonable and prudent measures necessary to minimize
the take of LCR Chinook salmon, LCR coho salmon, and LCR steelhead,
45, The terms and conditions of the biological opinions of FWS and NMFS are
set out in Appendices Band C, respectively, and are adopted as conditions of this
order by ordering paragraph L, which also requires PacifiCorp to file with the
Commission an endangered species protection plan to include the measures
required by FWS and NMFS. Ordering paragraph L requires PacifiCorp to file a
plan before commencing any construction in or near project waters,
44 The draft biological opinion was issued November 19,2004,
Project No. 2659-011 and -016 16 -
c. Ma2nuson-Stevens Act
46. Section 305(b )(2) of the Magnuson-Stevens Fishery Conservation and
Management Act4S requires federal agencies to consult with the Secretary of
Commerce on proposed actions which, if authorized by the agency, may adversely
affect Essential Fish Habitat (EFH), The Pacific Fisheries Management Council
designated essential fish habitat for two species of Pacific salmon that are known
to occur within the project area:. Chinook salmon and coho salmon. Freshwater
EFH for these salmon include all those streams, lakes, ponds, wetlands, and other
bodies currently or historically acc~ssible to salmon in Washington, Oregon,
Idaho, and California, except areas upstream of certain impassable artificial
barriers and longstanding, naturally impassable barriers,
47. Based on EFH consultation, NMFS concluded that the proposed action will
adversely affect designated EFH for Chinook and coho salmon
46 and has adopted
the incidental take tenns and conditions in the incidental take statement of its
biological opinion as its recommendations for conservation measures to avoid,
minimize, or otherwise offset such adverse effects.
. D. Section 106 of the National Historic Preservation Act
48, Under Section 106 of the National Historic Preservation Act (NHPA),
48 the
Commission must take into account the effects of its actions on properties
included in or eligible for the National Register of Historic Places (National
Register) and, prior to taking action on a proposed undertaking, afford the
Advisory Council on Historic Preservation (Council) a reasonable opportunity to
comment.49 Such comment generally entails consultation with the State Historic
Preservation Officer (SHPO), the Advisory Council, and additional consulting
45 16 U.C. ~ 1855(b)(2).
46
See NMFS's Biological Opinion, Section 11.
47
See Appendix C,
48 16 U.C. ~ 470f.
49
See 36 C,R, ~800.1(a),
Project No, 2659-011 and -016
entities, including the license applicant, affected Indian tribes,
so local
governments, and members of the public,
- 17-
49, If a federal agency detennines that the undertaking will have an adverse
effect on historic properties, and the federal agency and the SHPO agree on how
adverse effects will be resolved, they typically execute a Memorandum of
Agreement (MOA) addressing potential adverse effects and the actions to be taken
to mitigate them, and submit a copy of their executed agreement, along with
documentation, to the Council before approving the undertaking.
50, The Powerdale Project contains five historic properties: (1) the diversion
dam, (2) the intake and gatehouse, (3) the water conveyance system (flow line),
(4) the powerhouse, and (5) the operator s house; together, these facilities
comprise the National Register-eligible Powerdale Hydroelectric Project Historic
District. As identified in Appendix A to the MOA, the proposed undertaking is
the removal of the diversion dam; the intake and gatehouse; the operator s house
(unless otherwise agreed with a future landowner); portions of the flowline (wood
stave pipeline and surge tank); and portions of the powerhouse (crane, turbines,
generators and other equipment). Demolition of these historic buildings and
structures that contribute to the Powerdale Hydroelectric pro;ect Historic District
would adversely affect the integrity of the Historic District,S In addition, the
NHPA also applies to properties as yet undiscovered. Ground-disturbing activities
could have the potential to affect buried archaeological deposits,
51. The Commission s Office of Energy Projects and the SHPO developed an
MOA setting out requirements to address the adverse effects, During the
consultation process, PacifiCorp developed a draft cultural resources management
plan (CRMP), which incorporated comments received from the Council, the
SHPO, and the Commission staff, A draft of the MOA was submitted to the
SO Confederated Tribes, the Yakima Indian Nation, the Confederated Tribes of the
Umatilla Reservation, and the Nez Perce Tribe participated in the consultation in this
proceeding,
36C.R. ~ 800.6(b)(1)(2003).
52
See EA, Section K, The powerhouse ,structure and sections of the flowline
(including two sections of wood stave pipe) will remain in place. The status of each
remaining facility, individually, as eligible for listing under the NHPA may be retained;
however, they will no longer meet the criteria of a Historic District.
Project No, 2659-011 and -016 - 18-
Council, which concluded that its participation in the consultation to resolve
adverse effects was not needed.53 The Commission and the SHPO executed the
MOA on July 2, 2004, and PacifiCorp signed as a concurring party, A copy of the
executed MOA and relevant documentation were submitted to the Council.
52. The MOA requires PacifiCorp to complete a final Historic Properties
Management Plan and file it for Commission approval within six months from the
issuance of this order, The MOA also stipulates terms for the treatment of historic
properties during the interim operating period for the project. The MOA is
adopted by ordering paragraph (M).
The Director orders:
(A) PacifiCorp s application for amendment of its annual license and surrender of
the license for the Powerdale Hydroelectric Project No. 2659, filed June 16,2003, is
granted as indicated in this order. The surrender shall become effective upon issuance of
a Commission notice that all the surrender conditions specified below have been
satisfied.
(B) The licensee shall commence dam and facility removal after April 1, 2010,
By February 29, 2012, and consistent with Appendix B of the settlement agreement filed
with the Commission on June 16,2003, the licensee shall complete: (1) removal of
project dam, intake structure, power canal, steel flume, sand settling basin, transition
structure, portions of the flowline, turbine, generator, and appurtenant facilities; (2) the
securing of the powerhouse superstructure, powerhouse substructure, portions of the
flowline, tailrace, and switchyard; and (3) all post-removal activities to restore the site.
(C) The licensee shall cease generation of power on April 1, 2010,
(D) Effective upon issuance of this order, and continuing through February 29,
2012, the licensee shall continue to own the project lands identified in the Appendix D of
the settlement agreement filed with the Commission on June 16,2003, and shall not
dispose of, encumber, or initiate changes in the character of such lands,
Within 90 days of issuance of this order, the licensee shall file, for Commission
approval, revised Exhibit G drawings that: (1) enclose all principal project works
necessary for operation and maintenance of the project within the project boundary line;
53
See letter filed July 2, 2004,
Project No, 2659-011 and -016 - 19-
and (2) delineate the location of the lands referenced in section 3.14 of the settlement
agreement filed June 16, 2003, The project boundary shall have three control points with
latitude and longitude or state plane coordinates, and be stamped by a registered land
surveyor pursuant to 18 C.R, ~~ 4.39 and 4.41.
(E) Effective upon issuance of this order, the license for the Powerdale
Hydroelectric Project No. 2659 is amended to adopt the conditions of the water quality
certification issued by the Oregon Department of Environmental Quality, which are set
forth in Appendix A of this order.
(F) For the period prior to the commencement of dam and facility removal, the
license is amended to include the following requirements:
(1) ~equirement to File Plans for Commission Approval and Requirement to
Consult
Various conditions set forth in Appendix A of this order require the licensee to
prepare plans for approval by Oregon Department of Environmental Quality, Each such
plan' shall also be submitted to the Commission for approval and include an
implementation schedule, These plans are listed below.
Condition Plan Due Date
Appendix A, Condition l(a)Surface Water Temperature Within 90 days of the
Management Plan issuance date of this order
Appendix A, Condition Standard Operating Within 90 days of the
2(c)(1)Procedures and Monitoring issuance date of this order
Plan
Appendix A, Condition Erosion and Sediment Within 90 days of the
3(b )(2)Control Plan issuance date of this order
The licensee shall prepare the plans after consultation with the U,S. Fish and
Wildlife Service, National Marine Fisheries Service, Oregon Department of
Environmental Quality, Oregon Department ofFish and Wildlife, Oregon Water
Resources Department, Confederated Tribes of the WanTIS Springs Reservation,
American Rivers, and Hood River Watershed Group. The licensee shall include with the
plan, documentation of its consultation, copies of comments and recommendations made
in connection with the plan, and a description of how the plan accommodates the
comments and recommendations, If the licensee does not adopt a recommendation, the
filing shall include the licensee s reasons, based on project-specific information, The
Commission reserves the right to make changes to any plan submitted, Upon
Commission approval, the plan becomes a requirement of the license, and the licensee
Project No, 2659-011 and -016 - 20-
shall implement the plan, including any changes required by the Commission,
(2) ;Requirement to File Documentation of Completion
The licensee shall file with the Commission documentation of completion of the
following activities,
Condition No.
Appendix A, Condition
(d)(1)
Activi
Annual Temperature and
Flow Monitorin Re ort
Due Date
By December 31 each year
(3) Requirement to File Amendment Applications
Certain conditions in Appendix A contemplate unspecified long-tenn changes to
project operations, requirements, or facilities for the purpose of protecting and enhancing
environmental resources. These changes may not be implemented without prior
Commission authorization granted after the filing of an application to amend the license.
The conditions are listed below:
Condition No,Modification
Appendix A, Condition 1(d)(2)Changes in operations or project facilities
intended to prevent project-related
warming from exceeding 0.25 o
Appendix A, Condition 1(d)(3)(b) or Modification of in stream flow requirements
Condition l(k)
Appendix A, Condition 1 (j)Modification of temperature monitoring
required by Appendix A, Condition l(g)
Appendix A, Condition 2(b)(3)Changes in operations or project facilities
intended to prevent flowline water from
causing exceedance of water quality
standards
Appendix A, Condition 2( c)( 1)Modification of the ramping rate
requirements
(G) At least 60 days before starting removal of the project features, the licensee
shall submit one copy of the following documents to the Commission s Division of Dam
Safety and Inspections (D2SI) - Portland Regional Office and two copies to the
Commission (one of these shall be a courtesy copy to the Director, D2SI): (1) a detailed
description of the sequencing of activities and schedule for removing the project features
and restoring the site; (2) final contract plans and specifications; (3) Quality Control and
Inspection Program; (4) Temporary Construction Emergency Action Plan; (5) a blasting
Project No. 2659-011 and -016 - 21 -
plan, if necessary; (6) a public safety plan for the period during removal activities; and
(7) a detailed erosion and sediment control plan, The licensee may not begin removal
activities until the D2SI-Portland Regional Office has reviewed and commented on the
plans and specifications, determined that all preconstruction requirements have been
satisfied, and authorized start of removal activities.
(H) Before starting removal of the project features, the licensee shall review and
approve the design of contractor-designed cofferdams and deep excavations and shall
make sure construction of cofferdams and deep excavations is consistent with the
approved design, At least 30 days before starting construction of the cofferdam, the
licensee shall submit one copy to the Commission s D2SI-Portland Regional Office and
two copies to the Commission (one of these copies shall be a courtesy copy to the
Director, D2SI), of the approved cofferdam construction drawings and specifications and
the letters of approval,
(I) Within 90 days of completing project removal and site restoration, the licensee
shall submit one copy to the D2S1 - Portland Regional Office and two copies to the
Commission (one of these copies shall be a courtesy copy to the Director, D2SI), of a
final report which demonstrates that the project facilities have been removed and the
project site restored in accordance with the approved plans, The surrender of license
shall not be effective until the Regional Engineer has issued a letter stating that all terms
and conditions of the surrender order have been satisfied,
(J) Within 90 days from the issuance of this order, the licensee shall file, for
Commission approval, a recreation plan to provide for the following items: (1) at
Powerdale Park (a) replace the existing toilet facility, when necessary, with a barrier-free
accessible toilet facility; (b) provide two picnic tables; and (c) install trail directional
sign(s) and a project interpretive sign; (2) at the Powerhouse Day-use Site (a) install a
barrier-free toilet facility and construct a pathway to that facility; (b) install warning
sign(s) about fluctuating water levels, and (c) install a trail directional sign(s) and an
interpretive sign about salmon.
The recreation plan shall address public access at the Powerdale Hydroelectric
Project both before and during project removal operations. The licensee shall, at a
minimum, provide appropriate sign(s) and notification prior to demolition and restoration
activities to inform the public of planned activities at and associated temporary
restrictions to the existing day-use sites and bypassed reach; and, where feasible, restore
trails, access roads and parking areas to pre-construction conditions after completing the
removal of project works,
The licensee shall prepare the recreation plan in consultation with the Oregon
Project No, 2659-011 and -016 - 22-
Department of Fish and Wildlife, Oregon State Parks and Recreation Department, and
Confederated Tribes of the Warm Springs Reservation of Oregon. The licensee shall
include with the plan a map that clearly identifies the location of the recreation facilities
in relation to the existing project boundary; documentation of agency and tribe
consultation; copies of comments and recommendations on the plan after it has been
prepared and provided to the agencies and tribe; and specific descriptions of how the
agencies' and tribe s comments are accommodated by the plan. The licensee shall allow a
minimum of 30 days for the agencies and tribe to comment prior to filing the plan with
the Commission. If the licensee does not adopt a recommendation, the filing shall
include the licensee s reasons, basep on project-specific infonnation,
The Commission reserves the right to require changes to the plan, Upon
Commission approval, the licensee shall implement the plan, including any changes
required by the Commission.
(K) Within 60 days from the issuance of this order, PacifiCorp shall make
powerhouse records, including planned and unplanned outages, instream flow releases,
ramping conditions, and temperature monitoring available to National Marine Fisheries
Service, V,S. Fish and Wildlife Service, Oregon Department ofFish and Wildlife,
Oregon Department of Environmental Quality, Oregon Water Resources Department
Confederated Tribes of the Warm Springs Reservation, American Rivers, and Hood
River Watershed Group, Additionally, beginning in January 2007, and annually
thereafter, PacifiCorp shall file an annual report summarizing fish and wildlife mitigation
and monitoring activities for the previous year and conduct a meeting with the entities
listed above to discuss the report, Within 60 days of the annual meeting, the licensee
shall file a consultation report with the Commission that contains meeting minutes or
another fonn of documentation along with any proposals to change project structures or
operations based on the results of this consultation.
(L) In all proposed actions involving construction in or near waterways, the
licensee shall follow the construction practices contained in Appendices (B) and (C) of
this order, which set out the incidental take terms and conditions to implement reasonable
and prudent measures of the U,S. Fish and Wildlife Service (FWS) and National Marine
Fisheries Service (NMFS), respectively. At least ninety (90) days before the start of any
proposed action involving construction in or near waterways, the licensee shall file, for
Commission approval, an endangered species protection plan that describes how the
licensee will implement the measures included in Appendices (B) and (C).
The licensee shall prepare the endangered species protection plan in consultation
with the FWS and NMFS. The licensee shall include with the plan, documentation of
FWS and NMFS consultation; copies of comments and recommendations on the plan
Project No. 2659-011 and -016 - 23-
after it has been prepared and provided to FWS and NMFS; and specific descriptions of
how the FWS's and NMFS's comments are addressed by the plan. The licensee shall
allow a minimum of 30 days for the FWS and NMFS to comment prior to filing the plan
with the Commission. If the licensee does not adopt a recommendation, the filing shall
include the licensee s reasons, based on project-specific information.
The Commission reserves the right to require changes to the plan, No land-
disturbing or land-clearing activities shall begin until after the licensee is notified by the
Commission that the plan is approved. Upon Commission approval, the licensee shall
implement the plan, including any changes required by the Commission,
(M) The licensee shall implement the Memorandum of Agreement between the
Federal Energy Regulatory Commission and the Oregon State Historic Preservation
Officer for Managing Historic Properties that may be Affected by PacifiCorp Surrender
of License for the Powerdale Hydroelectric Power Project in Hood River County,
Oregon, FERCNo. 2659-016 (executed on July 2,2004), including but not limited to the
Historic Properties Management Plan (HPMP) for the project.
, Within six months from the issuance of this order, the licensee shall file for
Commission approval an HPMP as stipulated in the Memorandum of Agreement. In the
event that the Memorandum of Agreement is tenninated prior to Commission approval of
the HPMP, the licensee shall obtain Commission approval before engaging in any
ground-disturbing activities or taking any other action that may affect any historic
properties within the project's area of potential effect. In the event that the Memorandum
of Agreement is tenninated after Commission approval of the HPMP, the licensee shall
implement the provisions of its approved HPMP, The Commission reserves the authority
to require changes to the HPMP at any time during the term of the license surrender,
(N) The licensee shall serve copies of any Commission filing required by this
order on any entity specified in this order to be consulted on matters related to that filing.
proof of service on these entities must accompany the filing with the Commission.
(0) PacifiCorp s application for a new license for the Powerdale Hydroelectric
Project No, 2659, filed February 25, 1998, is dismissed,
Project No. 2659-011 and -016 - 24-
(P) This order is final unless a request for rehearing is filed within 30 days from
the date of its issuance, as provided in Section 313( a) of the Federal Power Act. The
licensee s failure to file a request for rehearing shall constitute acceptance of the terms of
the surrender,
By the Director,
J, Mark Robinson
Director, OEP
Project No, 2659-011 and -016 - 25-
APPENDIX A
CLEAN WATER ACT SECTION 401 CERTIFICATION CONDITIONS
FOR INTERIM OPERATION AND DECOMMISSIONING
OF THE POWERDALE HYDROELECTRIC PROJECT
Unless otherwise specifically provided, the following certification conditions are
effective 30 days after incorporation into a FERC license or order or other federal license
or permit for interim operation and decommissioning of the Powerdale Hydroelectric
Project. The conditions are in addition to certain rights and obligations of PacifiCorp and
other parties set forth in the June 6, 2003 Settlement Agreement Concerning the Interim
Operation and Decommissioning of the Powerdale Hydroelectric Project (Settlement
Agreement), specifically PacifiCorp s obligations under the Settlement Agreement to
implement certain measures at an earlier date, or to continue measures commenced at an
earlier date, and including other parties' review and approval of certain activities under
the Settlement Agreement.
a. Temperature Management Plan, In accordance with OAR 340-041-0028
(l2)(h) PacifiCorp shall implement the Surface Water Temperature
Management Plan approved by the Oregon Department of Environmental
Quality (ODEQ) in conjunction with this certification and set forth in
Conditions 1.b, Lc, 1.d" l.f" Lg., Lh., Li, 1.j" and 2,
b. Flows. Subject to Condition Ld., PacifiCorp shall implement in the bypass
reach on an average hourly basis either the Hood River flow immediately
upsteam of the Project (less the amount required to compensate for flowline
leakage up to a maximum of 25 cis), or the minimum instream flows set
forth in the following table, whichever is less, Minimum in stream flow
requirements may be met using a combination of flows from the fish
ladder, fish screen bypass flow, trash sluice, and spillway gates,
,___
!!nl!
February
Marcb._A ril*
-_.
May'
~____--
June
140 cis
--..
220 cfs
220 cfL
220 cis
-. --
250 cfs
---------.
250 cfs
Project No. 2659-011 and -016 - 26-
---
Jul 250 cis ---
A.J!gust 250 cf~_-Se tember 250 cfsOctober 250 cisNovember 220 cfs
----'
December 140 cfs
*Minimum instream flows for temperature specified in this table for April
15 through June 30 are superseded by higher minimum instream flows
provided in accordance with Conditions 2,a, and 2.b, for the same period,
c, Powerhouse Discharge, Heat discharged to the Hood River through
powerhouse cooling water may not exceed 19.31 million kilocalories per
day.
d. TMDLs September 15-0ctober 15, To meet its load allocation (LA) under
the TMDL from September 15 through October 15, PacifiCorp shall
undertake the following measures:
(1) PacifiCorp shall provide ODEQ with an annual temperature and
flow monitoring report by December 31 of each year. The annual
monitoring report shall include the required hourly temperature and
flow data, pre- and post-deployment data, and monthly field audit
data required by Condition 1.g, for that calendar year. The annual
report shall identify any instances in which the seven-day moving
average of daily maximum temperatures measured at the
downstream end of the bypass reach exceeded 55OP during the
period from September 15 through October 15, If any such
instances are identified in the first three years of monitoring,
PacifiCorp shall conduct and submit in the third annual temperature
and flow monitoring report to ODEQ an evaluation of whether the
temperature increase in the bypass reach was O,25OP (as a seven-day
moving average) more than the increase that would have occurred
had the Project not diverted water from the bypass reach. In lieu of
conducting this evaluation, PacifiCorp may assume that any
temperature increase between the upstream and downstream ends of
the bypass reach is due to Project diversions,
(2) If, based on the evaluation or assumed Project impact described
in the preceding paragraph, ODEQ determines that the stream
warming that occurred in the bypass reach was 0.25OP more than
would have occurred had there been no Project diversions,
Project No, 2659-011 and -016 - 27-
PacifiCorp shall, within 90 days from written notification from
ODEQ, submit to ODEQ a written proposal for measures that
PacifiCorp will take to ensure that the Project-related warming in the
bypass reach is not more than O.25OP (as a seven-day moving
average) when the seven-day moving average of daily maximum
temperatures exceeds 55OP at the downstream end of the bypass
reach between September 15 and October 15, The measures may
include, but are not limited to, the following:
(a) Temperature modeling for the period September
through October 15 to detennine what minimum
instream flows would be necessary to reduce Project-
related warming to O,25OP or less (as a seven-day
moving average) when the seven-day moving average
of daily maximum temperatures at the downstream end
of the bypass reach exceeds 55OP, If increased minimum
flows are necessary and feasible, PacifiCorp shall
provide the increased flows for the necessary period,
subject to the limits set forth in Condition l.(3).
(b) In the alternative, PacifiCorp may elect not to divert
water (except for amounts required to compensate for
flowline leakage up to 25 cfs) whenever and so long as
the river temperature exceeds 55OP at the downstream
end of the bypass reach between September 15 and
October 15,
(3) The following limitations apply to modifications of minimum instream
flows under this Condition I,
(a) ODEQ will not require modification of flows beyond
those reasonably necessary to prevent a Project-related
instream temperature increase of O,25OP or more, This
limitation will only apply upon ODEQ's detennination that
PacifiCorp has satisfactorily demonstrated under prevailing
conditions that any such modification would result in a
Project-related temperature increase of less than O.25O
(b) Modification of minimum instream flows shall be limited to no
more that a 50 cfs increase in any two-year period,
Project No. 2659-011 and -016 - 28-
(c) PacifiCorp s responsibility to fulfill minimum instream flow
requirements shall be limited to reducing Project diversions from the
bypass reach.
(d) No increase in minimum instream flows shall be required before
September 15, 2006.
e, TMDLs Reservation, In the event the Project continues to divert water for
power generation or Project maintenance during and after 2012, ODEQ
reserves the right to ~odify these certification conditions, in accordance
with OAR Chapter 340, Division 48, as necessary to ensure implementation
of TMDLs for any applicable period,
f, Resumption of Power Generation, Following the period of temporary
reduction of flow in the flowline (April 15 to June 30), PacifiCorp shall
resume power generation in accordance with Condition 2.
g,
Temperature Monitoring, PacifiCorp shall monitor stream temperatures
hourly from July 1 through October 15 each year at the sites PDBUP
(upstream end of the bypass reach, approximately 50 meters downstream of
the dam) and PDBDN (downstream end of the bypass reach, approximately
250 meters upstream of the powerhouse), The accuracy of temperature
recorders shall be tested before and after field deployment to ensure that they
are operating within their designated range of accuracy, In addition to pre-
and post-deployment checks, the temperature recorders shall be audited
monthly during the field measurement period. The pre- and post-deployment
and monthly field audit checks shall be made using a National Institute of
Standards and Technology (NIST) traceable (calibrated and maintained)
thermometer accurate to :to.C or better, which has been checked against an
NIST traceable thermometer, PacifiCorp shall also record average hourly
flows released from the diversion dam into the bypass reach for the period
July 1 through October 15, These flows shall be measured in accordance with
Condition l,
h, Flow Monitoring.
(1) PacifiCorp shall measure instream flows by a Programmable Logic
Control or alternative method for monitoring compliance with minimum
instream flows, consistent with standard operating procedures developed by
PacifiCorp in consultation with ODEQ, the Oregon Department of Fish and
Wildlife (ODFW), the National Marine Fisheries Service (NMFS), the V,
Project No, 2659-011 and -016 - 29-
Fish and Wildlife Service (USFWS), and the Confederated Tribes of the
Warm Springs Reservation of Oregon (CTWS),
(2) PacifiCorp shall publicly post hourly flow data on the Internet. The
Internet posting shall clearly display the total average hourly river flow
being released into the bypass reach directly downstream of the diversion
dam. The Internet posting shall also display the average hourly flow being
diverted to the flow conveyance system, Flows shall be reported in cfs,
PacifiCorp shall post hourly flow measurements as timely as possible but
no more than 24 hours after such measurements are taken,
(3) Unless otherwise agreed upon in writing by ODEQ and PacifiCorp in
consultation with ODFW, OWRD, NMFS, USFWS, and CTWS, the
following flow verification requirements shall apply: For the first two
years, rating tables, including any discharge coefficients used to calculate
the gaged flows being tracked by the PLC system, shall be verified at least
once every six weeks during the periods when flows at the Tucker Bridge
Gage are less than the sum of the minimum instream flow plus the power
claim flow (generally about July through November); Rating tables shall be
set-up to cover a range of operation settings; If after the initial two-year
period a control structure demonstrates instability, or when maintenance
changes flow conditions through a control structure, then more frequent
than once-per-year verification measurements shall be conducted on an as-
needed basis to re-establish a stable rating table for the particular control
structure,
i. Measurable Increase. Any Project-related instream temperature increase of
25OF or less above the relevant criterion shall not be deemed to contribute to
an exceedance of the temperature criterion or to a violation of the temperature
water quality standard,
j,
Monitoring Modifications. ODEQ may make modifications to temperature
monitoring required under Condition l,g, that ODEQ considers to be
reasonable and feasible, or, after consultation with ODFW, OWRD, NMFS,
USFWS, and CTWS, make reasonable and feasible modifications to flow
monitoring required under Condition 1., if:
(1) The monitoring requirements prove to be insufficient to provide
the necessary data; or,
(2) Modifications to minimum instream flow requirements require
Project No. 2659-011 and -016 - 30-
modifications to monitoring requirements,
k. Temperature Flow Modifications. With the approval of ODEQ, PacifiCorp
may cease implementing or may implement modified flows under the
Temperature Management Plan, ODEQ may approve cessation or modification
if ODEQ determines that it will not impair the achievement of any TMDL or
LA for the Project for temperature and will not contribute to the exceedance of
the relevant temperature criterion in waters affected by the Project.
1, Duration ofCond#ions. The above conditions in this section will cease
to be effective upon commencement of removal of the dam structure.
2, Jnterim Operation: Conditions for Compliance with the Biological Criteria,
Oxygen. and Turbidity Water Quality Standards. Protection of
Beneficial Uses. and Compliance with Other Appropriate State Laws
a, Flows; Subject to Condition 1.d, PacifiCorp shall implement in the
bypass reach either the Hood River flow immediately upstream of the
Project (less the amount required to compensate for flow line leakage up to
a maximum of 25 cfs), or the following minimum instream flows,
whichever is less:
February 1 to April 14: 220 cfs
April 15 to June 30: manage flows as set forth in Condition 2.
July 1 to October 31: 250 cfs
November 1 to November 30: 220 cfs
December 1 to January 31: 140 cfs
Minimum instream flow requirements may be met using a combination of
flows from the fish ladder, fish screen bypass flow, trash sluice, and
spillway gates,
b, Temporary Reduction in Diversion Flow,
(1) From April 15 to June 30 each year, PacifiCorp shall reduce
diversion flow to a maximum of25 cfs, All flows in excess
of the amount required to compensate for flowline leakage up
to the maximum of 25 cfs shall be passed by the dam,
(2) PacifiCorp may resume power generation of July 1 of each
year, For the 96 hours prior to the start-up of the turbine unit
Project No, 2659-011 and -016 - 31-
PacifiCorp shall use multiparameter continuous monitoring
devices approved by ODEQ to sample water quality at two
sites in the river agreed upon by ODEQ, One site shall be
just upstream of the powerhouse tailrace at site PDBDN as
defined in Condition 1.g; the other shall be approximately 30
meters downstream of the powerhouse tailrace confluence
with the river along the east bank. The continuous sampling
devices shall sample and record hourly stream temperature,
dissolved oxygen, pH, and turbidity. At least 72 hours prior
to the start-up of the turbine unit, but not less than 24 hours
after commencing the continuous monitoring, PacifiCorp
shall open a 10-inch drain valve in the powerhouse near the
tailrace to provide a slow exchange of flowline water. Upon
beginning generation on July 1, PacifiCorp shall set the
turbine generator unit on the minimum wicket gate setting
required to synchronize the turbine generator, PacifiCorp
shall then ramp the turbine generator load in sufficiently
small increments to the extent feasible to maintain the
ramping requirements set forth in Condition 2,c, Monitoring
under this Condition 2,(2) at the two sampling sites may
cease 24 hours after beginning generation. The
multiparameter devices shall be calibrated for each parameter
according to the manufacturer s specifications prior to
deployment, At the time the instruments are deployed in the
water and when they are retrieved at each site, PacifiCorp
shall audit the multiparameter devices by measuring stream
temperature with an NIST traceable thermometer accurate to
:t O,C and measure stream dissolved oxygen via Winkler
titration, Within 30 days after the instruments are retrieved,
PacifiCorp shall forward ODEQ the electronic files of the
continuous sampling, audit, and calibration data.
(3) The procedure set forth in Condition 2,(2) might provide
dilution of flowline water in excess of that necessary to
comply with water quality standards, PacifiCorp may reduce
or cease its monitoring effort under Condition 2,(2)
following three consecutive years of monitoring data, of
quality considered accurate and reliable by ODEQ,
demonstrating that the flow line water does not contribute to
an exceedance of a water quality standard at the downstream
monitoring site described in that condition, In the absence of
Project No, 2659-011 and -016 - 32-
three years of such data, PacifiCorp may reduce or cease its
monitoring effort under Condition 2.(2) if ODEQ provides
written approval based upon an ODEQ detennination that
there is no reasonable potential for the flowline water to
contribute to an exceedance of one or more water quality
standards at the downstream monitoring site. If,
notwithstanding use of the procedure described in Condition
(2), the flowline water causes an exceedance of water
quality standards at the downstream monitoring site, ODEQ
may di~ect PacifiCorp to develop and propose, within a
reasonable time specified by ODEQ, alternative measures for
ensuring that the flowline water does not cause an
exceedance of water quality standards at the downstream
monitoring site upon beginning generation. Upon approval
by ODEQ, PacifiCorp shall implement the alternative
measures, which may include increased diversion flow during
the period April 15 through June 30,
c. Ramping.
(1) PacifiCorp shall make reasonable efforts to limit the ramping
rates in the bypass reach to no more than two inches per hour"
and in any event such rates shall not exceed three inches per
hour, In addition, PacifiCorp shall complete and implement
standard operation procedures and a monitoring plan, developed
in consultation with ODEQ, ODFW, NMFS, USFWS, and
CTWS, for meeting and documenting compliance with the
ramping limits, Should development or implementation of the
monitoring plan, or the resulting data, show that a different
ramping rate will result in the same protections for aquatic
species (for example, when river flows into the Project are
already high), PacifiCorp may propose such a different ramping
requirement. Upon the approval of ODEQ in consultation with
ODFW, NMFS, USFWS, and CTWS, the approved variation
shall be substituted for the ramping requirements set forth in this
condition.
(2) "Ramping" means those Project-induced increases (up-
ramping) and decreases (down-ramping) in river discharge and
associated changes in water surface elevation over time resulting
from generation of electricity by Project facilities, Project
Project No. 2659-011 and -016 - 33-
maintenance activities (i.e" planned outages) and unplanned
(forced) outages, Ramping does not include changes in flows
and change in river stage resulting from increases or decreases in
stream flow unrelated to the Project. Ramping rates in this
certification are stated in inches of change per hour, Ramping is
measured as the distance between the maximum and minimum
water level measured at a specified location over the applicable
period of time; variation in water levels within the maximum and
minimum water level during that period are not considered for
purposes of measuring ramping, For example, if the relevant
ramping limitation is one inch per hour, and the river gage is at
four feet at noon, then during the next hour the water elevation
may vary no more than between three feet eleven inches and four
feet; between four feet and four feet one inch; et cetera, In each
example, the amount of change between the minimum and
maximum gage readings in a one-hour time period is not more
than one inch, but could vary within that range more than once
during the hour.
(3) Following an unplanned outage, PacifiCorp shall observe
conditions directly downstream of the Project dam and
powerhouse. Should PacifiCorp, ODWF, CTWS, NMFS, or
USFWS identify a fish stranding problem, PacifiCorp shall use
its best reasonable efforts to minimize the impacts of such
stranding by relocating such fish to the river in consultation with
ODFW, CTWS, NMFS ' and USFWS.
d. Flow Monitoring, PacifiCorp shall measure and report flows in accordance
with Condition 1.
e. Planned Outages, PacifiCorp shall, to the extent feasible, limit planned
outages to April 15 to June 30 to coincide with the temporary reduction of
diversion flow required under Condition 2,b" or with the summer, and shall
limit planned non-summer outages to 24 hours to the extent reasonably
feasible, PacifiCorp shall notify ODFW, NMFS, USFWS, and CTWS of
planned outages and subsequent start up periods to allow for monitoring of
those areas with the greatest possibility for fish stranding.
f. Flushing. PacifiCorp shall restrict flushing of the sand settling basin to
periods when bypass reach instream flows are at least 500 cfs, and
preferably greater than 1 000 cfs,
Project No. 2659-011 and -016 - 34-
g.
Intake Screens, PacifiCorp shall continue to operate and maintain existing
intake screens in working order. The maintenance shall include regular
inspections and the repair, rehabilitation, or replacement, as needed, of
seals and moving components such as chain drives, sprockets, screen
baskets, motors, and screen wash equipment. If a screen is damaged
beyond repair, PacifiCorp shall replace it with a screen of similar design;
however, PacifiCorp shall not be required to design or install an upgraded
fish screen or otherwise make technological or other major improvements,
h. Fishway Auxiliary Water Intake. PacifiCorp shall identify and obtain
NMFS, USFWS, ODFW and CTWS written approval of a method for
maintaining the fish ladder auxiliary attraction water bar rack within the
ladder sufficiently free of debris to allow adequate attraction flows,
Alternatives to be considered shall be limited to the following unless
PacifiCorp and the aforementioned agencies agree otherwise: frequent
manual cleaning, modification of the bar spacing on the existing intake
trash rack, installation of an intake device incorporating v-bar screen
technology, or changing the spacing of the bars on the rack within the
ladder, Recommendations and supporting documentation shall be shared
with NMFS, USFWS, ODFW and CTWS. No later than the fIrst in-water
work opportunity, PacifiCorp shall obtain approval and implement the
approved method identified in this condition,
Ground-Disturbing Activities, Unless emergency conditions exist that
require immediate action, PacifiCorp shall limit adverse effects on stream
and wetland habitat from any ground-disturbing activities by (i) minimizing
the area of disturbance; (ii) adhering to conditions in any applicable D,
Army Corps of Engineers and Oregon Division of State Lands wetlands
permits; (Hi) consulting with state and federal wildlife agencies, CTWS,
and, when necessary, the Columbia River Gorge Commission prior to
carrying out the work to determine appropriate protection measures; (iv)
limiting construction to the summer and fall; (v) revegetating disturbed
areas with native vegetation to the extent feasible; and (vi) controlling
sedimentation of aquatic habitat through erosion control measures
contained in the applicable permits, PacifiCm:p shall conduct a survey
before the initial ground-breaking activities for rare, threatened and
endangered species in areas planned for significant construction activities,
and shall coordinate with the USFWS, ODFW, the Oregon Department of
Agriculture, and the Oregon Natural Heritage Program to ensure that the
target species list is current,
Project No. 2659-011 and -016 - 35-
j,
Duration of Conditions. The above conditions in this section will cease to
be effective upon commencement of removal of the dam structure.
3. pecommissioning: Conditions for Compliance with Water Quality Standards.
protection of Beneficial Uses, and Compliance with Other Appropriate State
Laws
a, Upon applying for a federal pennit or permits for decommissioning
activities, including a dredge and fill pennit from theU.S, Army Corps of
Engineers (Corps) pursuant to Section 404 of the Clean Water Act (~ 404
pennit), PacifiCorp shall provide written notice to ODEQ of such application
and of any proposed changes in decommissioning activities since the date of
issuance of this certification. Within 60 days of ODEQ's receipt of notice
from the Corps or other federal pennitting agency that it is processing
PacifiCorp s application, ODEQ will notify the federal agency and PacifiCorp
either (i) that this certification is sufficient for purposes of the federal pennit
and permit conditions, or (ii) that, in light of new information related to the
water quality impacts of decommissioning activities since issuance of this
certification, there is no longer reasonable assurance of compliance with state
water quality standards, In the latter event, ODEQ will consider the new
information, solicit and consider public and agency comment as required by
law, and issue a Section 401 certification detennination for purposes of the
federal pennit and decommissioning activities.
b. In the event ODEQ detennines that this certification is sufficient for
purposes of a federal pennit or pennits for decommissioning activities,
PacifiCorp shall comply with the following conditions:
(1) Decommissioning. Unless otherwise approved by ODEQ in consultation with
ODFW, NMFS, USFWS, and CTWS, PacifiCorp shall perform
decommissioning in accordance with the Settlement Agreement and the
Decommissioning Plan attached to and incorporated by reference into the
Settlement Agreement.
(2) Erosion and Sediment Control Plan. Before commencement of any in-water
decommissioning activities, PacifiCorp shall develop and submit to ODEQ for
approval, in consultation with ODFW, NMFS, USFWS, and CTWS, an
Erosion and Sediment Control Plan (ESCP) that identifies specific methods
that will be implemented at each work area to protect water quality and aquatic
habitat. The ESCP shall address (i) protection of the Hood River from
unplanned releases of sediment and debris during decommissioning activities;
(ii) disposition of sediment and decommissioning debris in accordance with
Project No, 2659-011 and -016 - 36-
applicable law, PacifiCorp s Spill Prevention, Control and Countermeasure
Plan (SPCC Plan), and public health and safety; (iii) implementation of
permanent revegetation measures consistent with best management practices;
and (iv) dam removal, which shall be conducted in dry conditions using a
coffer dam and artificial channel to divert flows from work areas. In addition
the ESCP shall specify measures such as berms, ditches, sediment retention
basins, silt fencing, and site restoration to be undertaken by PacifiCorp. Upon
ODEQ approval of the ESCP in consultation with ODFW, NMFS, USFWS,
and CTWS, PacifiCorp shall implement the ESCP during decommissioning
activities,
(3) Timing and Notification of In- Water Work, For all in-water decommissioning
work, PacifiCorp shall conduct such work between July 15 and August 31, or
outside of that time period with the approval of ODFW, NMFS, and USFWS.
Actions that are likely to occur outside of the July 15 to August 31 period
include the following decommissioning actions:
(a) Construction and removal of upstream and downstream cofferdams
cofferdam materials and culverts;
(b) Removal of the artificial upstream fish passage channel and bypass
flume;
(c) Placement of materials (relocated cofferdam materials and available
streambed materials) along the river to create access for removal of
remaining portions of dam and fish ladder;
(d) Placement of materials to regrade and armor the east and west banks of
the river to harden the disturbed areas; and
e) Regrading of the streambed above and below the dam as necessary to
assist with removal of any barriers to fish passage created as a result of
decommissioning activities,
PacifiCorp shall provide NMFS, USFWS, ODFW, and CTWS reasonable notice before
initiating any in-water work, regardless of when it occurs, to enable them to view the
work and recommend fish salvage or other immediate measures to avoid fish stranding or
delay, PacifiCorp shall undertake such measures with the assistance of ODFW and
CTWS, For purposes of this requirement
, "
in-water work" does not include dam removal
or other decommissioning actions performed in areas that have been dewatered for
purposes of decommissioning actions.
(4) Fish Passage During Dam Removal.
Project No, 2659-011 and -016 - 37-
(a) Manner of Fish Passage. During construction of the cofferdams
associated with dam removal activities, PacifiCorp shall extend
the existing fish ladder return channel upstream of the dam to
above the upstream cofferdam work, and shall install culverts
through the downstream cofferdam to provide continued access
to the existing fish ladder entrance; provided that PacifiCorp
shall not provide such fish passage through the cofferdam culvert
if NMFS, USFWS, ODFW and CTWS agree that such passage is
not necessary, Coincidental to the construction of the
cofferdams, PacifiCorp shall construct an artificial channel
extending from a mid-point on the existing fish ladder to a
location immediately downstream of the downstream cofferdam,
Upon completion of this channel and the bypass channel
(described below), PacifiCorp shall close the fish access through
the downstream cofferdam, allowing upstream migrants to enter
the existing fish ladder structure through a newly constructed
access, PacifiCorp shall place rock between the upstream return
channel and water bypass intake to minimize upstream migrant
entrainment into the downstream bypa~s flume. During dam
removal, PacifiCorp shall divert river flow past the work zone
using portions of the existing water conveyance system s steel
flume by installing removed sections of the steel flume from
above the upstream cofferdam to below the downstream
cofferdam, passing over the overflow section and existing fish
ladder. This will provide downstream fish passage, PacifiCorp
shall position the bypass flume to discharge directly into a pool
constructed at the entrance of the upstream passage channel to
attract upstream migrants to the channel. The discharge area
shall be designed with adequate pool area and depth to minimize
impingement of downstream migrants on the bottom or sides of
the pool. The requirements of this condition may be modified
with the written agreement of PacifiCorp, NMFS, USFWS,
ODFW and CTWS.
(b) Final Fish Passage Design and Construction Plans. Prior to
changing any of the existing fish passage facilities or
constructing any new fish passage facilities associated with dam
removal, PacifiCorp shall prepare final fish passage design and
construction plans in consultation with NMFS, USFWS, ODFW
and CTWS, The final design and construction plans shall be
Project No, 2659-011 and -016 - 38-
consistent with Condition 3.(4)(a) and the following criteria
which may be modified with the written agreement of
PacifiCorp, NMFS, USFWS, ODFW and CTWS.
(i) The outfall from the flume shall be designed in accordance
with, appropriate, sections 7.4.1, 7.4,2, 7.4.3, 13.10.4, 13,10.
and 13.10,6 ofNMFS' Draft Anadromous Salmonid Passage
Facility Guidelines and Criteria as of the Effective Date of
the Settlement Agreement, In addition, the pool volume and
depth will be qesigned to minimize pool bottom surface
velocities and injury to fish, For purposes of section 13.10,
the design will minimize, but may not completely avoid
creation of false attraction flows, The outfall shall have a 10-
foot minimum drop to the pool below (to prevent adults from
entering the pipe), and shall be designed to provide smooth,
rounded edges and surfaces, using materials similar to the
flume, to minimize injury to fish exiting the pipe and to
jumping adults;
(ii)
(iii)
The pipe/flume shall be designed in accordance
with, as appropriate, sections 13,9.3,1, 13,9.3.4,
13.9.3.5, 13,6, 13.9.3.9, 13.9.3.11, 13.9.3,
and 13.9.3.14 of NMFS' Draft Anadromous
Salmonid Passage Facility Guidelines and Criteria
as of the Effective Date of the Settlement
Agreement. Weathered steel surfaces presently
existing on the steel flume sections, or alternatively
the galvanized surfaces of standard culvert
material, shall be considered acceptable for this
application, provided that, if the interior surfaces of
the existing steel flume are considered to be too
rough to meet NMFS' Passage Facility Guidelines
and Criteria, PacifiCorp shall install a liner or
conduct sand blasting of the interior surfaces;
The temporary approach channel to the fishway
entrance shall be constructed with "field placed"
structure materials to optimize local hydraulic
conditions, PacifiCorp shall provide NMFS,
USFWS, ODFWand CTWS a minimum of seven
days notice prior to the placement of these
Project No. 2659-011 and -016
(iv)
(v)
- 39-
materials to allow their on-site participation in field
direction of this placement work on-site;
The control structures within the temporary
approach channel to the fishway entrance shall be
placed at least one channel width apart. These
structures shall have less than one foot of head
differential (measured from upstream of the
boulder control structures to the downstream water
surface elevation), and shall not span the entire
width of the approach channel (unless the depth
provided over the channel-spanning structure is at
least one foot);
If fish will be passing through the temporary
culvert(s) installed in the downstream coffer dam,
such culverts shall meet, as appropriate, sections
8 and 9,9 of NMFS' Draft Anadromous
Salmonid Passage Facility Guidelines and Criteria
as of the Effective Date of the Settlement
Agreement, In addition, the bypass shall be
designed in accordance with, as appropriate,
sections 9.3,2 and 9.3.3 of NMFS' Draft
Anadromous Salmonid Passage Facility Guidelines
and Criteria as of the Effective Date of the
Settlement Agreement;
(vi)The design shall provide supplemental flow to the
fishway discharge to allow optimal operation of the
fish ladder and temporary approach channel; and
(vii) The design shall be developed such that flow
conveyed in the bypass flume is delivered below
the temporary approach channel in a manner that
will maximize both upstream and downstream
passage, The design shall be developed such that
the bypass flume and the upstream temporary
approach channel work together to both attract
adult fish to the temporary approach channel
minimize delay of both upstream and downstream
migrants, and minimize injury to fish passing
Project No. 2659-011 and -016 - 40-
downstream.
(c) Fish Passage Monitoring and Contingency Plan. By October 1,
2004, PacifiCorp shall conduct a geomorphology survey
consistent with the scope of work attached as Exhibit 2 to the
Settlement Agreement. PacifiCorp shall provide a final
geomorphology report to NMFS, USFWS, ODFW, ODEQ and
CTWS. The report shall describe: (i) current geomorphic
conditions beginning 2200 feet below the dam (near the stream
gage) to 1 ,000 fe~t upstream of the dam, or above the vegetated
island (whichever is farther); and (ii) the anticipated impact of
sediment released from dam removal on fish passage and aquatic
habitat downstream of the dam removal site. PacifiCorp shall
develop and implement a fish passage monitoring and mitigation
plan, in consultation with NMFS, USFWS, ODFW, ODEQ and
CTWS, and approved by NMFS, USFWS, and ODFW. In the
event a fish passage obstruction, as defined by the plan, is caused
or exacerbated by dam removal, PacifiCorp shall restore
adequate fish passage by implementing mitigation measures set
forth in the plan. PacifiCorp shall have no obligation to monitor
or mitigate under this condition for more than one cycle of
seasons beyond the return of the river to natural conditions, as
detennined by a team composed of representatives of NMFS,
USFWS, ODFW, CTWS and PacifiCorp, in accordance with the
geomorphology report,
4, General Conditions for Compliance with Water Quality Standards and
Certification,
Fees, PacifiCorp shall pay a fee for ODEQ's costs of overseeing
implementation of this certification. The fee shall be $5,000 (2003
dollars) annually, made payable to "State of Oregon, Department of
Environmental Quality," and due on July 1 of each year after FERC
approval of interim operation and decommissioning. The fee shall
expire six years after the first July 1 following FERC approval of
interim operation and decommissioning, unless tenninated earlier by
ODEQ because oversight of this certification is no longer necessary,
One year before the sixth-anniversary expiration of the fee, ODEQ
and PacifiCorp will review the need, if any, to modify, extend, or
tenninate the fee, PacifiCorp shall continue to pay any fee required
after such review,
Project No, 2659-011 and -016 - 41-
Spill and Waste Management, PacifiCorp shall implement its SPCC
Plan and Waste Management Guidelines, The SPCC Plan and
Waste Management Guidelines must be kept current. In the event of
a spill or release or threatened spill or release of oil or waste to state
waters, PacifiCorp shall immediately implement the site s SPCC
Plan, modified SPCC Plan, or other applicable contingency plan and
notify the Oregon Emergency Response System at 1-800-452-0311.
Certification Modification, Subject to the provisions of OAR
Chapter 340 Division 48, and, as applicable, 33 USC ~ 1341, ODEQ
may reconsider, and add, delete, or alter, conditions to this
certification as necessary to address changes in resource conditions
or knowledge or to address any failure of certification conditions to
protect water quality and beneficial uses, In accordance with 33
USC ~ 1341, any modification to conditions shall, so long as it is in
effect, become a condition of any federal license or permit
subsequently issued for the Project. With respect to a federal license
or permit for the Project existing at the time of the modification to
certification conditions, ODEQ may petition the federal agency to
incorporate the modification into the federal license or permit.
Project Changes. PacifiCorp shall obtain ODEQ review and
approval before undertaking any change to the Project that might
significantly affect water quality and that was not evaluated in
connection with this certification, including changes to Project
operation and flows.
Project Repair or Maintenance. PacifiCorp shall obtain ODEQ
review and approval before undertaking any Project repair or
maintenance activity that might significantly affect water quality and
that was not evaluated in connection with this certification,
Access, PacifiCorp shall allow ODEQ reasonable access to Project
records and the Project area as necessary to monitor compliance with
certification conditions.
Posting of Certification. PacifiCorp shall post a copy of this
certification at a prominent location at the Project powerhouse,
Project No. 2659-011 and -016 42-
APPENDIX B
S. FISH AND WILDLIFE'
REASONABLE AND PRUDENT MEASURES
AND IMPLEMENTING TERMS AND CONDITIONS
Reasonable and Prudent Measures (RPM)
Prior to dam removal, revie~ best available science and, if necessary, modify dam
removal activity protocols to minimize effects from incidental take of bull trout.
Ensure all dam removal and other decommissioning in-water and near-water
construction activities are conducted in a fashion that further minimizes impacts to
aquatic and riparian resources,
Terms and Conditions
To Implement RPM 1, above, PacifiCorp must comply with the following:
Prior to dam removal (currently scheduled for spring, 2010), prepare
final fish passage design and construction plans in consultation with
USFWS, NMFS, ODFW and CTWS and consistent with sections 4,
and 4,2 of the Settlement Agreement. Implement measures required
by USFWS and NMFS to minimize the effect of any incidental take of
listed species expected to occur during dam removal, provided that such
recommendations do not require more than a minor change to the design or
construction plans, or alter the basic design, location, scope, duration or timing
of such plans.
In addition, develop a fish passage monitoring and mitigation plan, in
consultation with USFWS, NMFS, ODFW, ODEQ and CTWS, and
approved by USFWS, NMFS, and ODFW, consistent with Section 4,2.4
of the Settlement Agreement. In the event a fish passage obstruction (as
derIDed by the plan) is caused or exacerbated by dam removal, restore
adequate fish passage by implementing mitigation measures set forth in the
plan.
Changes to this Incidental Take Statement required by USFWS and
NMFS to minimize the effect of any incidental take of listed species
Project No, 2659-011 and -016 - 43-
expected to occur during dam removal will be completed via simple
amendment of this Incidental Take Statement. Additional
modifications to fish passage and dam removal design and
construction plans will be made consistent with Sections 4,
, and 6.13 of the Settlement Agreement, and may require
additional amendments of this Biological Opinion and Incidental
Take Statement, as appropriate,
To Implement RPM 2, above, PacifiCorp must comply with the following:
Best management practices to prevent concrete products (dust, chips,
larger chunks), mobilized by dam removal activities, from entering flowing
or standing waters, Concrete-tainted waste water will be disposed of away
from flowing or standing water, Best practicable efforts will be made to
collect and remove all concrete products prior to re-watering of construction
areas, All concrete and materials containing concrete removed from the
dam removal site will be disposed of away from flowing or standing water,
Erosion control and sediment containment devices will be employed at the
Project site prior to the onset of construction. All erosion control and
sediment containment devices will be inspected weekly, at a minimum,
during dam removal to ensure that they are working adequately, Any
erosion control or sediment containment inadequacies will be immediately
addressed until properly functioning,
Erosion control and sediment containment materials (e.g" silt fence, straw
bales, aggregate) in excess of those installed will be available on site for
immediate use during emergency erosion control needs.
Vehicles operated within 150 ft of the construction site waterways will be
inspected on a daily basis for fluid leaks during periods when such vehicles
are operated within or above the waterway. Any fluid leaks identified
during the inspection will be repaired prior to the vehicle s use within or
above the waterway.
Best management practices will be used during construction activities,
to prevent the discharge of pollutants of any kind (sewage, waste spoils
petroleum products, etc,) into the water body and the substrate below the
mean high-high water elevation or 10-year flood elevation, whichever is
greater,
Project No. 2659-011 and -016 - 44-
Upon learning that imminent flooding is expected, areas subject to such
flooding that are used for staging, access roads, or storage will be evacuated
of all materials, equipment, and fuel.
Vehicle and equipment maintenance, re-fueling of vehicles and
equipment, and storage of fuel will be done at least 150 feet from the
waterway, Non- or semi-mobile vehicles (e.g" cranes) and equipment may
. be refueled in place,
At the end of each wo~k shift efforts will be made to remove operating
equipment from areas outside of the dewatered work zone.
Prior to operating within the waterway, all equipment will be cleaned of
external oil, grease, dirt or caked mud. Any washing of equipment will be
conducted in a location that will not contribute untreated wastewater to any
flowing stream or drainage area,
Material removed during excavation will only be placed in locations where
it cannot enter water,
All existing native vegetation within 150 ft of the edge of bank should be
retained to the greatest extent practicable,
Project No, 2659-011 and -016 - 45-
APPENDIX C
NMFS'S REASONABLE AND PRUDENT MEASURES
AND IMPLEMENTING TERMS AND CONDITIONS
Reasonable and Prudent Measures (RPM)
Prior to dam removal, review and use best available science to adaptively manage
the dam removal and Project feature removal protocol to incorporate any new
practices which will minimize impacts to LCR Chinook salmon, LCR coho
salmon, and LCR steelhead in the course of removing Project features,
Conduct all operational, dam removal, and any other in-water and near-water
construction activities in a manner that minimizes incidental take of ESA-listed or
proposed species, minimizes the likelihood of adverse modification of proposed or
designated critical habitat, and conserves the aquatic resources on which ESA-
listed species depend,
Terms and Conditions
To implement RPM 1, PacifiCorp must comply with the following:
Prior to dam removal (currently scheduled to begin in spring 2010),
PacifiCorp shall prepare a Final Fish Passage Design and Dam Removal
Construction Plan (Construction Plan) in collaboration with NMFS,
USFWS, ODFW, and CTWS, consistent with sections 4.1 and
2 of the Settlement Agreement. PacifiCorp shall carry out measures
in the plan required by USFWS and NMFS to minimize the effect of any
incidental take of listed species expected to occur during dam removal,
provided that such recommendations do not require more than a minor
change to the design or construction plans, or alter the basic design
location, scope, duration or timing of such plans, NMFS must approve in
writing the Final Fish Passage Design and Construction Plan and any
deviations from the components of NMFS' "Anadromous Salmonid
Passage Facility Guidelines and Criteria' (NMFS 2004t) described in
section 4,2 of the Settlement Agreement.
PacifiCorp shall develop and carry out a Fish Passage Monitoring and
Mitigation Plan (Passage Plan), in consultation with NMFS, USFWS,
Project No. 2659-011 and -016 - 46-
ODFW, ODEQ, and CTWS, and approved by USFWS, NMFS, and
ODFW, consistent with section 4.2.4 of the Settlement Agreement, that
includes methods for identifying potential fish passage impediments and
suggests methods for removing them, PacifiCorp shall incorporate the
findings of the Final Geomorphic Report into the Passage Plan and carry
out measures suggested in the report (if approved by NMFS in the Passage
Plan) to minimize the likelihood of fish passage obstructions forming,
the event a fish passage obstruction (as defined by the plan) is caused or
exacerbated by dam removal, restore adequate fish passage by carrying out
mitigation measures s~t forth in the plan.
PacifiCorp shall develop a Fish Salvage Plan that describes, in detail,
protocol for promptly and safely removing listed fish from any areas that
will be isolated and/or dewatered during decommissioning, The Fish
Salvage Plan must be approved in writing by NMFS prior to commencing
any fish salvage,
ii.
The entire capture and release operation will be conducted or
supervised by a fishery biologist experienced with work area
isolation and competent to ensure the safe handling of all ESA-listed
fish.
If electrofishing equipment is used to capture fish, comply with
NMFS' electrofishing guidelines , listed below,1) Do not electrofish near adult salmon in spawning condition or
near redds containing eggs.
Keep equipment in good working condition, Complete
manufacturers' pre-season checks , follow all provisions, and
record major maintenance work in a log,
Train the crew by a crew leader with at least 100 hours of
experience in the field using similar equipment. Document
the crew leader s experience in a logbook, Complete training
in waters that do not contain listed fish before an
inexperienced crew begins any electrofishing,
Measure conductivity and set voltage as follows:
Conductivity (un$os!cm) Voltage
Less than 100 , 900 to 1100100 to 300 500 to 800Greater than 300 150 to 400
Use direct current (DC) at all times.
Begin each session with pulse width and rate set to the
minimum needed to capture fish, These settings should be
Project No, 2659-011 and -016 47-
iii.
gradually increased only to the point where fish are
immobilized and captured. Start with pulse width of 500us
and do not exceed 5 milliseconds. Pulse rate should start at
30Hz and work carefully upwards. In general, pulse rate
should not exceed 40Hz, to avoid unnecessary injury to the
fish.
The zone of potential fish injury is O,5m from the anode,
Care should be taken in shallow waters, undercut banks, or
where fish can be concentrated, because in such areas the fish
are more likely to come into close contact with the anode,
Work the monitoring area systematically, moving the anode
continuously in a herringbone pattern through the water.
not electrofish one area for an extended period,
Have crew members carefully observe the condition of the
sampled fish, Dark bands on the body and longer recovery
times are signs of injury or handling stress, When such signs
are noted, the settings for the electrofishing unit may need
adjusting. End sampling if injuries occur or abnormally long
recovery times persist.10) Whenever possible, place a block net below the area being
sampled to capture stunned fish that may drift downstream.11) Record the electrofishing settings in a logbook along with
conductivity, temperature, and other variables affecting
efficiency, These notes, with observations on fish condition,
will improve technique and form the basis for tr~ning new
operators.
Develop specific salvage procedures to carry out when water
temperatures exceed 18OC (i.e" when fish are particularly
susceptible to stress caused by salvage). These high-temperature
salvage procedures must be developed in collaboration with NMFS,
USFWS, and ODFW and must be approved in writing by NMFS as
a component of the Fish Salvage Plan,
Handle ESA-listed fish with extreme care, keeping fish in water to
the maximum extent possible during seining and transfer procedures,
to prevent the added stress of out-of-water handling,
Transport fish in aerated buckets or tanks~ Release fish into a safe
release site as quickly as possible, and as near as possible to capture
sites,
If a listed fish is injured or killed at any point during the salvage
operation, contact the NMFS Law Enforcement Office will be
contacted (360-418- 4248),
IV.
VI.
Project No, 2659-011 and -016 - 48-
vii.
viii.
IX,
Do not transfer ESA-listed fish to anyone except NMFS or USFWS
personnel, unless otherwise approved in writing by them,
Obtain all other Federal, State, and local permits necessary to
conduct the capture and release activity.
Allow NMFS or the USFWS or its designated representative to
accompany the capture team during the capture and release activity,
and to inspect the teams capture and release records and facilities.
To implement RPM 2, PacifiCorp shall ensure that in all actions involving
construction near waterways! it will carry out BMPs to control sediment, minimize
riparian disturbance, and minimize the risk of contaminants entering the waterway,
Prior to completing the Final Fish Passage Design and Construction Plan required
by the Term and Condition, PacifiCorp shall discuss and adopt current BMPs with
NMFS. PacifiCorp shall adopt BMPs that include at least the following:
Minimum area. Construction impacts will be confined to the minimum
area necessary to complete the project.i. Alteration or disturbance of the streambanks and existing riparian
vegetation will be minimized to the greatest extent possible,
No herbicide application should occur as part of this action.
Mechanical removal of undesired vegetation and root nodes is
permitted,
All existing vegetation within 150 ft of the edge of bank should be
retained to the greatest extent possible,
ii,
iii.
Timing of in-water work.Work below the bankfull elevation will be
completed during the State of Oregon s preferred in-water work period
(between July 15 and August 31), or outside that time period with the
written approval of NMFS.
Cessation of work.Project operations will cease under high flow
conditions that may result in inundation of the Project area, except for
efforts to avoid or minimize resource damage, All materials, equipment
and fuel must be removed if flooding of the area is expected to occur within
24 hours,
Fish screens, All water intakes used for a Project, including pumps used to
isolate an in-water work area, will have a fish screen installed, operated,
and maintained according to NMFS' fish screen criteria, After fish salvage
has been completed, dewatering pumps do not need fish screens, unless it is
likely that fish have re-entered the area (e., if the cofferdam was
Project No. 2659-011 and -016 49 -
breached). The term "water intakes" does not apply to the fish bypass
channel/facility .
Construction activities associated with habitat enhancement and erosion
control measures must meet or exceed BMPs and other performance
standards contained in the applicable State and Federal permits.
Pollution and Erosion Control Plan. Prepare, in consultation with NMFS,
and carry out a Pollution and Erosion Control Plan to prevent pollution
caused by survey, construction, operation, and maintenance activities, The
Plan will be available for inspection upon request by FERC or NMFS.
i. Plan Contents.The Pollution and Erosion Control Plan will contain
the pertinent elements listed below, and meet requirements of all
applicable laws and regulations.1) The name and address of the party(s) responsible for
accomplishment of the Pollution and Erosion Control Plan,
Practices to prevent erosion and sedimentation associated
with access roads, decommissioned roads, stream crossings,
drilling sites, construction sites, borrow pit operations, haul
roads, equipment and material storage sites, fueling
operations, and staging areas,
Practices to confine, remove, and dispose of excess concrete,
cement, and other mortars or bonding agents, including
measures for washout facilities.
A description of any regulated or hazardous products or
materials that will be used for the project, including
procedures for inventory, storage, handling, and monitoring.
A spill containment and control plan with notification
procedures, specific cleanup and disposal instructions for
different products, quick response containment, and cleanup
measures that will be available on the site; proposed methods
for disposal of spilled materials; and employee training for
spill containment.
Practices to prevent construction debris from dropping into
any stream or water body, and, to the extent feasible, to,
remove any material that does drop with a minimum
disturbance to the streambed and water quality,
Erosion control materials (e,, silt fence, straw bales
aggregate) in excess of those installed must be available on
site for immediate use during emergency erosion control
needs,
Project No. 2659-011 and -016 - 50-
11,
Temporary erosion and sediment controls will be used on all
exposed slopes during any hiatus in work exceeding 7 days.
Inspection of erosion controls . During construction, the operator
must visually monitor instream turbidity and inspect all erosion
controls daily during the rainy season and weekly during the dry
season, or more often if necessary (Le" after significant rainfall
events), to ensure they are working adequately,1) If monitoring or inspection shows that the erosion controls are
ineffective, mobilize work crews iminediately to make
repairs'l install replacements, or install additional controls as
necessary ,
Remove sediment from erosion controls once it has reached
one-third of the exposed height of the control.
Results of visual monitoring and inspection of erosion
controls should be summarized in the weekly construction
monitoring reports, as described in tenn and condition 8.4.
1.2.
Construction discharge water, Treat all discharge water created by
construction (e,, concrete washout, pumping for work area isolation,
vehicle wash water, drilling fluids) as follows:
Water quality, Design, build, and maintain facilities to collect and
treat all construction discharge water using the best available
technology applicable to site conditions, Provide treatment to
remove debris, nutrients, sediment, petroleum hydrocarbons, metals,
and other pollutants likely to be present, Treatment may consist
of
small holding or settling pond with a straw bale dam that is regularly
cleaned, The final design of the facility should be described in the
Construction Plan, which will be approved in writing by NMFS.
Discharge velocity, If construction discharge water is released using
an outfall or diffuser port, velocities will not exceed 4 ft per second.
For clarity, releases from the construction bypass (fish bypass
channel) are not considered construction discharges,
Spawning areas, To the extent feasible, do not release construction
discharge water within 300 ft upstream of spawning areas,
Pollutants, To the extent feasible, do not allow pollutants, including
green concrete, contaminated water, silt, welding slag, or
sandblasting abrasive to contact any wetland or the 2-year
floodplain, except cement or grout when abandoning a drill boring or
installing instrumentation in the boring,
11,
lll,
IV,
Project No. 2659-011 and -016 - 51-
During completion of habitat enhancement activities, to the extent feasible
limit the contact of all pollutants (sewage, waste spoils, petroleum products,
etc,) with the water body or wetlands or their substrate below the mean
high-high water elevation or 10-year flood elevation, whichever is greater,
Treated woodi. Projects using treated wood that may contact flowing water or that
will be placed over water where it will be exposed to mechanical
abrasion or where leachate may enter flowing water will not be used,
except for pilings installed following NMFS' guidelines,
Projects that require removal of treated wood will use the following
precautions:1) Treated wood debris, Use the containment necessary to
prevent treated wood debris from falling into the water, If
treated wood debris does fall into the water, remove it
immediately,
Disposal of treated wood debris, Dispose of all treated wood
debris removed during a project, including treated wood
pilings, at an upland facility approved for hazardous materials
of this classification, Do not leave treated wood pilings in the
water or stacked on the streambank.
Preconstruction activity, Complete the following actions before significant
alteration of the project area:
i. Marking, Flag the boundaries of clearing limits associated with site
access and construction to prevent ground disturbance of critical
riparian vegetation, wetlands, and other sensitive sites beyond the
flagged boundary, Construction activity or movement of equipment
into existing vegetated areas must not begin until clearing limits aremarked.
Emergency erosion controls. Ensure that the following materials for
emergency erosion control are on site: A supply of sediment control
materials (e,g" silt fence, straw bales), and an oil-absorbing, floating
boom whenever surface water is present.
Temporary erosion controls, All temporary erosion controls will be
in place and appropriately installed downslope of project activity
within the riparian buffer area until site rehabilitation is complete.
11,
ii.
Hi.
Temporary access roads
i. Steep slopes . To the extent feasible, do not build temporary roads
mid-slope or on slopes steeper than 30%.
11. Minimizing soil disturbance and compaction. Low-impact, tracked
Project No. 2659-011 and -016 - 52-
drills will be walked to a survey site without the need for an access
road, Minimize soil disturbance and compaction for other types of
access whenever a new temporary road is necessary within 150 ft of
a stream, water body, or wetland by clearing vegetation to ground
level and placing clean gravel over geotextile fabric, unless
otherwise approved in writing by NMFS.
Temporary stream crossings,1) To the extent feasible, do not allow equipment in the flowing
water portion of the stream channel where equipment activity
could r~lease sediment downstream, except at designated
stream crossings and as necessary during cofferdam
construction and removal,
Minimize the number of temporary stream crossings.
Design new temporary stream crossings as follows:a) Survey and map any potential spawning habitat within
300 ft downstream of a proposed crossing.
To the extent feasible, do not place stream crossings at
known or suspected spawning areas, or within 300 ft
upstream of such areas if spawning areas may be
affected.
Design the crossing to provide for foreseeable risks
(e.g" flooding and associated bedload and debris) to
prevent the diversion of stream flow out of the channel
and down the road if the crossing fails,
Vehicles and machinery will cross riparian buffer areas
and streams at right angles to the main channel
wherever possible,
Obliteration When the project is completed, obliterate all
temporary access roads, stabilize the soil, and revegetate the site,
Abandon and restore temporary roads in wet or flooded areas by the
end of the in-water work period,
Vehicles
1. Choice of equipment.When heavy equipment will be used, the
equipment selected will have the least adverse effects on the
environment (e,g., minimally sized, low ground pressure
equipment),
Vehicle staging, Fuel, operate, maintain, and store vehicles as
follows:1) Complete vehicle staging, cleaning, maintenance, refueling,
and fuel storage, except for that needed to service boats, in a
vehicle staging area placed 150 ft or more from any stream,
lll.
11.
Project No. 2659-011 and -016 - 53-
water body, or wetland, unless otherwise approved in writing
by NMFS.
Inspect all vehicles operated within 150 ft of any stream,
water body, or wetland daily for fluid leaks before leaving the
vehicle staging area. Repair any leaks detected in the vehicle
staging area before the vehicle resumes operation. Document
inspections in a record that is available for review on request
by FERC or NMFS.
Before operations begin and as often as necessary during
operation, steam clean all equipment that will be used below
the bankfull elevation until all visible external oil, grease,
mud, and other visible contaminates are removed. Any
washing of equipment must be conducted in a location that
will not contribute untreated wastewater to any flowing
stream or drainage area.
Diaper all stationary power equipment (e.g" generators,
cranes, stationary drilling equipment) operated within 150 ft
of any stream, waterbody, or wetland to prevent leaks, unless
suitable containment is provided to prevent potential spills
from entering any stream or water body.
At the end of each work shift, vehicles must not be stored
within or over the waterway, If necessary, vehicles may
remain in the dewatered area between the cofferdams for
longer periods during dam removal or other decommissioning
actions. The contractor should remove all equipment from the
year floodplain if there is imminent threat of a high-water
event that could affect cofferdam integrity or cause water to
contact construction equipment.
Site preparation, Conserve native materials for site rehabilitation,i. If possible, leave native materials where they are found.ii. If materials are moved, damaged, or destroyed, replace them with a
functional equivalent during site rehabilitation,
Stockpile any large wood, native vegetation, weed-free topsoil, and
native channel material displaced by construction for use during site
rehabilitation,
Iii.
Isolation of in-water work area, If adult or juvenile fish are reasonably
certain to be present, or if the work area is less than 300 ft upstream of
spawning habitats, completely isolate the work area from the active flowing
stream using inflatable bags, sandbags, sheet pilings, similar materials, or
Project No, 2659-011 and -016 - 54-
natural materials, unless otherwise approved in writing by NMFS,
Earthwork. Complete earthwork (including drilling, excavation, dredging,
filling, and compacting) as quickly as possible,
i. Excavation.Material removed during excavation will only be
placed in locations where it cannot enter sensitive aquatic resources,
Whenever topsoil is removed, it must be stored and reused on site to
the greatest extent possible, If culvert inlet/outlet protecting riprap is
used, it will be class 350 metric or larger, unless otherwise approved
in the Construction Plan. In addition, to the extent possible,
PacifiCorp will revegetate riprap areas in accordance with the
Revegetation and Mitigation Plan referenced in section 3.4 of
Appendix B of the Settlement Agreement.
Drilling and sampling, If drilling, boring, or jacking is used, the
following conditions apply.1) Isolate drilling operations in wetted stream channels using a
steel pile, sleeve, or other appropriate isolation method to
prevent drilling fluids from contacting water,
If it is necessary to drill through a bridge deck, use
containment measures to prevent drilling debris from enteringthe channel.
If directional drilling is used, the drill, bore, or jack hole will
span the channel migration zone and any associated wetland.
Sampling and directional drill recovery/recycling pits, and
any associated waste or spoils, will be completely isolated
from surface waters, off-channel habitats, and wetlands, All
drilling fluids and waste will be recovered and recycled or
disposed to prevent entry into flowing water,
If a drill boring conductor breaks and drilling fluid or waste is
visible in water or a wetland, all drilling activity will cease
pending written approval from NMFS to resume drilling,
Source of materials. Obtain boulders, rock, woody materials, and
other natural construction materials used for the project outside the
riparian buffer area,
11.
lll.
Construction Monitoring Reporting, Include in the Final Fish Passage and
Construction Plan a protocol for submitting weekly construction site
monitoring summaries to NMFS that describe the quality and effectiveness
of the erosion control and other environmental protection measures,
including the following: discussion of erosion control and other measures
and their effectiveness, discussion of any instances where sediment or other
Project No. 2659-0 11 and -016 - 55,
construction discharges entered the stream, the extent of the discharges, an
assessment of any damage to the stream or aquatic resources, and corrective
actions taken, including measures to prevent further problems,
The licensee shall solicit NMFS' review of the detailed construction plans toadvise the
licensee regarding whether or not those plans are likely to meet the BMPs articulated in
these Incidental Take Statement tenns and conditions, or such additional BMPs that
NMFS deems appropriate,
EXHIB IT 2
(Part 2)
SETTLEMENT AGREEMENT
SETTLEMENT AGREEMENT
CONCERNING THE INTERIM OPERATION
AND DECOMMISSIONING OF THE POWERDALE
HYDROELECTRIC PROJECT, FERC PROJECT NO. 2659
DATED
JUNE 6, 2003
SETTLEMENT AGREEMENT
AMONG
P ACIFICORP
NATIONAL MARINE FISHERIES SERVICE
UNITED STATES FISH AND WILDLIFE SERVICE
OREGON DEPARTMENT OF FISH AND WILDLIFE
OREGON WATER RESOURCES DEPARTMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF OREGON
AMERICAN RIVERS
HOOD RIVER WATERSHED GROUP
DATED
JUNE 6, 2003
CONCERNING THE INTERIM: OPERATION AND DECOMMISSIONING OF
THE POWERDALE HYDROELECTRIC PROJECT, FERC PROJECT NO. 2659
HOOD RIVER COUNTY, OREGON
Powerdale Hydroelectric Proiect Settlement Agreement
TABLE OF CONTENTS
Page
PARTIES TO THE AGREEMENT ,....................,....................,..............................,........................,............,
RECITALS.. ....................,..... ",.... ......,..... ,........ .......
.....". ..............,.... ..... ,...". ....., .............,.... .............. .....,...,
DEFINITIONS .". ...,.........,...
." ..,. ..,., ..,..."..... ,... ,..... ... ."..,.. .......... ..,.. ...,..,.. .,........,. .".",. .... ".............,.. .,........,
SECTION 1: PURPOSE AND EFFECT OF THIS AGREEMENT .......,...
....................................,..............
1.1
1.2
1.3
1.4
1.5
PuTDose of Agreement
............. .:.............. ,.... ...,....... ,..,...... .......
..................... ,.. ....,........ ,.................., 3
1.1.1 Federal Power Act Sections 10(a), 10(j) and 18..............,.........................................,.........
Clean Water Act....,.........................................,..,.................,...................,...........................,1.3 Endangered Species Act Section 7(aX2) and Magnuson-Stevens Fishery ConsetVation and
Management Act Section 305(b)..".........,...."...,......,.,.....,...........,..."....". .".."..."........,...........,,
Treaty and Other Authorities .....................................................................,..........................
Oregon Fish Passage and Screening Statute ....................,.........................,..........................
NEP A Analysis ........... ........... ............. ,.............. ..,............. ,........... ........".., ..". ..,.."... ...................,.... 6
Limitations
....." ....... ..,... ... .,. .....,."..,..,...... ,.,.... .,. ." ....... ..,..... .....,.,..... ......,.... ,.., ....." ... ....,........
..",.,..,. 6
Representations Regarding Consistency and Compliance with Statutory Obligation
.......................
Conditions Precedent and Conditions Subsequent
......,....,.............,............................
.......,........,..... 6
SECTION 2: ACTIONS UPON EXECUTION OF THIS AGREEMENT......................................,...~......,.. 7
FERC Filings.,.,..,....".,.,.....,..,...."....,..,....,...............,......,.,..,..,..............,.,..,.."..,..,',........................., 7
Pennits..,.,..,.,........,...,.,.,............,..............,.....,.............................."..............."....",....,..,................... 7
2.3 Communications with FERC and Other Government Agencies
...........................................,..........,
Timing of Ob ligati ons
..., .......................... ..,....... ......".. ..,..,..,..........
........................... ......... ....."........ 7
Section 401 Certi fi cation Procedures
..,................ ....".. ..". ..,.... ....,..
.....,.....".. .............. ......,....,.......... 8
Section 401 Certification Upon Application to FERC .................................,..................:.... 8
Effect on June 2000 Certification ............................................................"..............,............5.3 Section 401 Certification for Federal Pennits for Decommissioning Activities .................,
Application for Delegated State Section 404 Pennit for Decommissioning .......................,
SECTION 3: INTERIM OPERATING PERIOD................................,..,....................................,.....,............ 9
Interim Operating PM&E Measures
............................,.....,............................,...............,.................,
Ramping Rate
..... ........,..,..... ....,............ ....
.................... ................. .... ............... ......".. ......... .............., 9
Requirements After Effective Date ................. ,..,.............,.................................,.....,..,........,
Requirements After Final FERC Order ,............,....,.............................................................
Response to Monitoring ................................ .............................. ............,.............................
Unplanned Outages ...
..... .................... .".......... ........ ,.......... ........................... ........ ..... ,..........
1 0
Instream Flows and Temperature
.................... ....................,....,~........................................................
1 0
Requirements After Effective Date .........................,........................,......................,..........,..
Requirements After Final FERC Order .............,...........................................,..,...................3.3 Temperature Monitoring .................................................................................,....................,
3.3.4 Response to TMDL Temperature Monitoring ......................................................................
3.4.Annual Temperature and Flow Monitoring Report ............................................
3.3
SECTION 4: DECOMMISSIONIN'G ........................................,............................,......................,...............
Decommissioning Actions
......... ......... ............... ..........,.. ,.........., ........ .............,... .... ..............,.. ....,....
Diversion Dam ...............................................,.....,.............................,............,.................,...
Intake ..,....... ......... ...... .......... ....,.. ,..... .............
.................... ....,........... ..,...... ..........,.... ...,... .....
Power Canal, Steel Flume and Sand-Settling Basin .....................,.........,........,...................,
Flowline Pipe ...............,.........,...................,......,.....,............,...........................,..,..~.............. 11
Flowline Bridge...,...............,................,........ ..,....,.............,........... ....,..,....
....,.......,...........,..
Surge Tank ...,....,........,.................................. .....,..,...........................,............,.....................,
Powerhouse ....,...,....,.......................,...............,...............................
...............,......................
Switchyard ................................................,.. ,.....,........................
'-................,........................
Fish Sorting and Trapping Facility ...........,..............,............,.............,......................,..........
Decommissioning PM&E Measures
............................,........,..............,..............................,.............,
Erosion and Sediment Control Plan ....,.......................................,.....................,.........,.........
Aquatic ResoUfces.,.........................,...............,.".....,..,......,.".....,.......,.......,............,..".......,
Timing and Notification of In- Water W ork .......,
:....................~..,.......................
Fish Passage During Dam Removal.................................................,......,...........
Manner ofFish Passage ,.....................,...............,.........,...........,......
Final Fish Passage Design and Construction Plans .........................
ESA Agency Approval..,.... ....,............. ..."...., ....,....,.................. ...,.. 22
Fish Passage Monitoring and Contingency Plan..............................
Terrestrial Resources .....,.......,.............,.."., ....,..,..,...,.,.......,............,...,....,............,.,..........
Minimizing Impacts ,..... ........,.....
...... " .............. ......
.................. ....... ............. ...... 22
Revegetation and Mitigation ....,.. .....,..,.................................,....................,........ 23
Cultural Resources...
.-................ ..........,........... ........ ....."....... ...... ..... ..,....".. ,...... .....
""""""" 23
Recreation Resources ..........
....... ..,.. ................... ,................... .......... ..............,.., ...,..... ....,.....
Land Use and Management and AestheticsNisual Resources ......................,...................... 23
Disposition of Water Ri ghts... ........................ ...........,..,.. ",.. ................... .....,.... ..,........... ,..... ............. 24
Assignment... ................................................, ........... ................... ..... ...,... .".". ,... ...... ..". ........ 24
3.5
3.10
3.11
3.12
3.13
Powerdale Hydroelectric Project Settlement Agreement
3.4.Measures to Reduce Stream Wanning fiom September 15 through October 15..............,
3.4.Limits on Minimum Instream Flow Modifications.........................,...............,... 13
3.3.5 Powerhouse Cooling Water Discharge ................,.........................................,........,.............
6 TMD L Reservation................... ......... ...,...........,.....
...".......... ..... ....... ,.......,....... ..... ..............
Temporary. Reduction in Diversion Flow
...................,..,...............................,..,..,...,........................,
General.. ,................. ................ ....,......,.. ............. .
~.., ....... ,.. .......... ..... ........... ,....,........... ...... ...
Resuming Power Generation................ .............. ............
,.............. ...... ......... ..... ,....,.......... ....
4.3 Alternative Measures .....,..". ......,....
.....,............. .."........ ............. ........ ...."...... ....,............. ,..,
Planned Outages
... ........ ,.."... ......,...... ....... ..... ....,
....,....................... ..".. .... ,......,.......... ........................ 14
Flushing
. ..." ......................... ..."..... ....... .............. ......... ....,.... ....,............... ....... ..,....... ...... ...... ,... ....,.. ..
Intake Screens
.............,........ ....., ...... .................. ............. ,........ ...,.............. """.""" ..,..... ..,.. ..... ....... ..
Fishwav Auxiliary Water Intake
....................................,.........,............................,......,...............,.....
Ground-Disturbin!:! Activities
..,......,....,...,..."...........,.....,..,.. ...,.....................,.."..,....,.,.....".....,..,.,....
Rare. Threatened and Endan!:!ered Terrestrial Species
...,..,...............................................................
Cultural Resources Mana!:!ement Plan
,.................................................................,...............,............
Recreation Facilities.
,......,....,....,......,.....,..."....."........,...............,...,..."..,................"..........".....,.,....
Infonnation Sharin!:!
....".....",....,.....,.,.....,...,....,..........,..,',.......,..........,....,...............,....",...,.,..,.........
13.Requirements After Effective Date..,...................,.............,..,............................................. 16
13.Requirements After Final FERC Order ..................,..,.....................................................,..
Maintenance of Lands Durin!:! Interim Period
...........................................................,.................... ...
4.3
4.4
Powerdale Hydroelectric Project Settlement Agreement
Protest Withdrawal...... ..........................,........... ........... ................,.............. ..........................
Side Agreement ...,....... ...,............. ..... ,.... ....,............ .".. ........... ...... .......,....................... ......... 24
Dispositi on of Lands
.................... ...........,...... ............. ..... ..."... ...... ...... ..,..".. ....,.............. ,...."....... ....
4.4.Designation of Grantee; Conveyance of Lands ....................................................................
4 .4.Responsibili ties and Liabilities. ........ ....,........ .......
.................. ..... ..".
..,................ ......, .......... 25
Purpose of Conveyance....... "'" .......... ..................
........ ............. ....,............. ,.... ....."... ...........
4.4.4 Establishment of Maintenance Fund..... ,......".... ....................
......,.... .........,....... ..... ......... .....
Establishment of Trust Fund .......,......
..........................,......................................
Alternative Funding ...,.....,.",........,.,.......,............,...."..,.......,..."..,.,.,..,..,..,...,...,
SECTION 5: EARLY CESSATION OF GENERATION; EARLY DECOMMISSIONING ...,...................
Earlv Cessation of Generation
...........................,......................................................................,.......,
Actions After Ceasing: Generation
,....................,........ .............,....,...........,..................,.............,......,
Remaining Operation and Maintenance Issues ......................................,................,.............
Provision of Flows to Support Fish Sorting and Trapping Facility ...........................,..........
Early Decommissioning
,..,...................".,.....,...,........,.........,..................,...,.."...........,....,.......,.....,..,
SECTION 6: IMPLEMENTATION OF AGREEMENT ..,................................................,..............,..,.........
Parties Bound
....... ........ ..... .......... ........ ....". ....
................ ......".. ................ ,.."... .........". .........., .....,.... 28
Inconsistent Actions Before FERC Order
......................................,.....,.............................................
FERC Order
......... .".... .."....... ......... ...,....,..................... ,..........,................ .......... ....,........ .......
..... ..... 28
FERC Order Inconsistent with This Agreement ......................................................,..........
Rejection of Inconsistent FERC Order or Inconsistent Final FERC Order..........,........,....
Acceptance of Consistent Final FERC Order ,.......................,............................................
Reopeners and Modification
...........................,..".,.,........,........,.............................".....,.........,....,.,.,
Response to Modifications
.....,...........,.........""......,..,. ,..,......,...,..,......,...."..........,.......,...-....,..,.,........
Review of Governmental Actions
.... ..,.......... .............. ..,..... ............. ......... ........... .......... ...,................
PacifiCoTD Fails to Perform
... ...... ..... ...,... .......... ,........ .......... ......... ..". ......... .... .".. ...........
........."....... 30
Reinitiation of ESA Consultation
......,...........,................,.............................,........,....,.....,..........,.....
Responsibility for Costs
......... ......,.. .... .......,.., ........, .... ..., ................,..... .... ........."... .......,..,...... ..........
State Ratemakin g Proceedings
.. ..........,.........,.......,.....,........ ...........,............. ,.........
.......... ....,...... ...... 31
PacifiCorp Solely Responsible for Operations of Project
........,.........................,.........................~....
Availability of Funds
.. ,......... ,... ......."... ,.. """"". "".. ...., ........... ..... ......... """" ..... .... ...,.....
...,............. 31
Amendment of Agreement
....... ............. ....,...", ..,..,......., ..,....,..... ..,.... ...,................. .........,................,
13,General,.... ",.... ................. .......".. ....." ..,......... ................ ....... ............................. .......... ....,.... 32
13.Alternate Measures ...................................,.. ........................,................................................ 32
Alternative Dispute Resolution
................ ......................... ........ ..........
........... ......." ..,..... ..,..,... ..... ..... 32
14.General. ....... .......... ............ ...,.. .............. ,........ ,...... .......,................. ........ ....."... ..........,.....,.... 32
14.2 ADR Procedures........ ........."... ............. ................. .................... ....... .............,.., .......,.... ....... 33
14.General...................,..................... ....,........................,....,......,............,................ 33
14,Notice of Dispute ............,.......... ..................,........,............................................. 33
14.Meeting of the Parties ................ ..,................,......................,...................,........., 33
14.Mediation.......... ........
....., ........... ........ ........ ........
.........", ..,.. ............. ................... 33
6.14.3 Enforcement of Agreement After ADR Procedures ...
:...................................,.....................
Compl etion of Decommi ssionin g Measures
.. ........... ................ ..... ........... ....,............. .............. .........
Withdrawal from Agreement
... .... ..,.... ..,.., .................. .."... ............................. ...... ......,
,... ......."......... 34
16.1 Withdrawal of a Party from Agreement....... .......,................................................................. 34
16.2 Method of Withdrawal................................. ..,...................................................................... 34
16.Continuity After Withdrawal......................, ..........,.................................,............................ 34
5.3
6.4
6.10
6.14
6.15
111
6.17
6.18
Powerdale Hydroelectric Project Settlement Agreement
Termination of Agreement
. ....,..... ....,............... ...........,........ ,....... ......, ............. ....",. .."... ,......... .........
Survival of Interim PM&E Measures .......................... ...............,..............,....................................... 34
SECTION 7: GENERAL PROVISIONS .............
............... ..... ........ .............. .......... .................., ...................
No Third-Party Beneficiaries .......,...,........ ..................,...................................,......,........ ....,.............. 35
Successors and Assi gns
.......... ....".... ...... .... ...... ..,.... ..... ............... ............,........,.................... .............
Failure to Perform Due to Force Maieure
.....,.........,....,..,..........................................,.......................
Declaration of Force Majeure
...........,............,........,......,..,..,..,............................,..............
Emergency Consultation with NMFS and USFWS ....,.....................................,...............,... 36
Duration of Force Majeure.................,..........................................,.....,.......,.....,...................
Indemnification and Hold Hannless
.......... ..... .......,........ ..,.. ,..".. ,... .....,
.........,................. ............. ..... 36
Elected Officials Not to Benefit
........ ................ ......,....... ..,...... ..., ......... ..........,....,........... ...,..............
No Partnership
...", ,....,.,.",..,..,........"....."...... .,...,..,.,........".......,...,.............,...,.,..."....,..,........,.......,.
Preservation ofTreatv Rights
.........,.,....,."....................,...."......,..,....,...,.............".....,..,.....,."...,..,..
Reference to Statutes or Regulations
..............,..................................,..............,......"........................
Notice
,..,....,.,.,...,., ".,.,......"....,..,.,...,.....,..,.....,..,.....,.., ..,.,...,.........,..........,.,..,."....""..,..,..,.....,..,......
Section Titles for Convenience Only
......................................................,..~..............,..,.....,....,..........
Entire Al!feement
, ,....,.,....".,.......,..,..........,..,..,..,................,..,........."......"......,..........,................,...,
SECTION 8: EXECUTION OF AGREEMENT ..............................................................,....,.......,..............,
Signatory Authority
...., ...' ..... .... ........ ,....,.. ...."... .............. ...........,... .......,..,.......... ..,...... ...... .,......... .....
Signinl! in Counteroarts
......... ...,..... ........ ........,.... ......
......,................ .......... ....... ..,.. ....,.... .................. 37
APPENDICES & EXHmITS
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Implementation Schedule
Decommissioning Plan
Representatives of the Parties
Subject Lands
Allowable Interim Period Actions and Encumbrances
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Proposed Section 401 Certification Conditions for Interim Operation and
Decommissioning of the Powerdale Hydroelectric Project
Geomorphology Survey Scope of Work
First Amended Lease (Hydro Lands)
Conservation Easement for Subject Lands
Applicable NMFS Draft Anadromous Salmonid Passage Facility
Guidelines and Criteria
Powerdale Hydroelectric Project Settlement Agreement
PARTIES TO THE AGREEMENT
This Settlement Agreement (the "Agreement") is made pursuant to Federal Energy
Regulatory Commission ("FERC") Rule 602, 18 c.F.R, ~ 385.602, by and among PacifiCorp, an
Oregon corporation; National Marine Fisheries Service ("NMFS"); United States Fish and
Wildlife Service ("USFWS"); Oregon Department ofFish and Wildlife ("ODFW"); Oregon
Water Resources Department ("OWRD"); Oregon Department of Environmental Quality
ODEQ"); Confederated Tribes of the Warm Springs Reservation of Oregon ("CTWS"
American Rivers ("AR"); and Hood River Watershed Group ("HRWG"), each referred to
individually as a "Party" and collectively as the "Parties." The NMFS, USFWS, CTWS, ODFW,
OWRD and ODEQ are also each a "Governmental Party" and are referred to collectively as the
Governmental Parties." The "Effective Date" is the day that the last of the Parties executes the
Agreement.
RECITALS
A. PacifiCorp is the licensee for the Powerdale Hydroelectric Project (FERC No,
2659) (the "Project"). The Project is located on the Hood River in Hood River County, Oregon,
The Project is operated as a run-of-river project, and consists of a concrete diversion dam
206 feet long and 10 feet high, a water conveyance system approximately 16 000 feet long, a
powerhouse, a turbine generator with a nameplate rating of 6 000 kW, and appurtenant facilities.
B, The initial 38-year term ofthe FERC license for the Project expired on March 1
2000. PacifiCorp submitted an application for a new license to continue operating the Project to
FERC on February 23, 1998. On June 9,2000, ODEQ issued a Clean Water Act ("CWA"
Section 401 Certification for the Project based on a relicensing proposal that did not contemplate
temporary suspension of generation from April 15 to June 30 each year or decommissioning of
the Project ("June 2000 Certification ). In December 2001 , ODEQ issued the Western Hood
River Subbasin Total Maximum Daily Load ("TMDL") for temperature, which then was
approved by the U,S. Environmental Protection Agency on January 30, 2002. On March 28,
2002, PacifiCorp submitted an Operational Plan to address Project-related warming of the Hood
River ("TMDL Operational Plan ); this TMDL Operational Plan was approved by ODEQ on
January 16,2003,
C. In its December 26 2001 Environmental Assessment, FERC determined that
relicensing (protection, mitigation and enhancement) measures proposed by PacifiCorp and
recommended by FERC staff and state and federal resource agencies would reduce the Project'
net annual benefit to -$207 576. On February 1 2002, in consideration of this finding,
PacifiCorp requested that FERC abey the license proceedings to 'allow PacifiCorp to develop a
decommissioning plan for the Project. PacifiCorp and federal, state, tribal and non-governmental
stakeholders entered into discussions to determine the feasibility of identifying a mutually-
acceptable approach to decommissioning, On September 26, 2002, several Parties executed an
Agreement in Principle on the interim operation and decommissioning of the Project.
Subsequently, on September 30, 2002, several ofthe Parties to this Agreement submitted to
Powerdale Hydroelectric Project Settlement Agreement
FERC a Joint Motion to Abey Licensing Proceedings to allow the Parties to continue negotiating
toward settlement on such issues. FERC has yet to take final action on PacifiCorp s license
application, and PacifiCorp continues to operate the Project under an annual license;
D, In addition to other aquatic and terrestrial species, the following fish species occur
in the Project area during some portion of their life cycle: spring and fall chinook salmon, coho
salmon, winter and summer steelhead, rainbow trout, bull trout, cutthroat trout, mountain
whitefish, largescale sucker and Pacific lamprey. Of these, the Lower ColumbiaRiver chinook
salmon, Lower Columbia River steelhead, and bull trout have been listed as threatened pursuant
to the Endangered Species Act ("ESA"
E, ODFW and CTWS are currently undertaking fish studies in the Hood River basin
as part of an effort to rebuild anadromous fish populations in the Hood River, These efforts
which began in 1988, rely on the ability to sort and collect fish at a collection facility located
adjacent to the existing fish ladder at the Project dam, One of the objectives of the studies is to
collect life history and production information for hatchery and wild fish to allow fish managers
to determine the success of various techniques to rebuild native fish stocks. The federal and state
fisheries agencies and CTWS anticipate that the results of these studies will not only affect fish
management in the Hood River basin, but will also provide critical information for anadromous
fish managers throughout the Northwest region, The continued use of the Project until
appJ;oximately June 2010 is necessary to complete these studies. Thereafter, Project
decommissioning and dam removal will allow the free migration of aquatic species referred to in
Recital D.
F. In 1978, OWRD issued a certificate of water right (Certificate No, 46965) to
PacifiCorp for the Powerdale Project, which authorizes a total diversion of 500 cubic feet per
second (cfs), with a priority date of 1901 for 140 cfs and a priority date of 1911 for the remaining
360 cfs (hereinafter referred to as the "PacifiCorp Hydroelectric Water Right"
NOW, THEREFORE, in consideration of their mutual covenants in this Agreement, the
Parties agree as follows:
DEFINITIONS
Alternative Dispute Resolution Procedures" or "ADR Procedures" refers to the dispute
resolution process set forth in Section 6.14,
American Rivers" or "AR" is a District of Columbia corporation and is listed as a Party in the
first paragraph ofthis Agreement, entitled "Parties tothe Agreement"
Decommission " as used in this Agreement, refers to the commitments made by PacifiCorp in
Section 4,1 and Appendices A and B of this Agreement to leave, modify or remove Project
facilities and structures.
FERC Order" is defined in Section 1.1 ofthis Agreement.
Powerdale Hydroelectric Project Settlement Agreement
Final FERC Order" means that FERC has issued the FERC Order and that all administrative
and judicial appeals relating to the FERC Order have been finally adjudicated or dismissed.
Hood River Watershed Group" or "HRWG" is a voluntary watershed council organization
recognized under Hood River County Board of Commissioners' Ordinance No. 204 , and is listed
as a Party in the first paragraph of this Agreement, entitled "Parties to the Agreement"
Inflow" means the flow in the Hood River immediately upstream of the Project, and does not
include water diverted or otherwise used or lost upstream of the Project.
Protection, Mitigation and Enhancement measures " or "PM&E measures," refers to the
measures set forth in Sections 3.2 through 3.14 and 4.1 through 4.4 and 5.
Ramping" means those Project-induced increases ("up-ramping ) and decreases ("down-
ramping ) in river discharge and associated changes in water surface elevation over time
resulting from generation of electricity by Project facilities, Project maintenance activities (i.
planned outages) and unplanned (forced) outages. Ramping does not include changes in flows
and change in river stage resulting from increases or decreases in stream flow unrelated to the
Project. Ramping rates in this Agreement are stated in inches of change per hour, Ramping is
measured as the distance between the maximum and minimum water level measured at a
specified location over the applicable period oftime; variation in water level within the
maximum and minimum water level during that period are not considered for purposes of
measuring ramping. For example, if the relevant ramping limitation is one inch per hour, and the
river gage is at four feet at noon, then during the next hour the water elevation may vary no more
than between three feet eleven inches and four feet, between fom feet and four feet one inch, et
cetera, In each example, the amount of change between the maximum and minimum gage
readings in a one-hour time period is not more than one inch, but could vary within that range
more than once during the hour.
SECTION 1: PURPOSE AND EFFECT OF THIS AGREEMENT
Purpose of Agreement.The Parties have entered into this Agreement to resolve all issues
regarding the interim operation and decommissioning of the Project, and for the purpose of
obtaining a Final FERC Order that approves the interim operation and decommissioning of the
Project in a manner that does not conflict with, add to or omit measures required by this
Agreement. For this purpose, the Parties agree that the Agreement is fair and reasonable and in
the public interest within the meaning ofFERC Rule 602 governing offers of settlement
18C.R. ~ 385.602(g)(3). For purposes ofimplementing this Agreement, the Parties agree to
support PacifiCorp s request that FERC:
(i) retroactively extend the previous Project license, which expired on March
2000, to February 29 2012, giving the license an effective term of fifty years; and
Powerdale Hydroelectric Proiect Settlement Agreement
(ii) incorporate, without material modification, as license articles in the
extended license, all of the measures set forth in Section 3; and
(Hi) approve and authorize, without material modification, the decommissioning
measures and associated PM&E measures set forth in Sections 4., 4.2 and 5 and
Appendix B to this Agreement; and
(iv) allow PacifiCorp the opportunity, after all appeals of the FERC Order, to
accept or reject the Final FERC Order as provided in Section 6,3 of this
Agreement.
FERC's actions extending and amending the Project license and approving Project
decommissioning as described above in (i) through (iii) are hereinafter referred to collectively as
the "FERC Order.
The Parties shall request that FERC include in the FERC Order articles that are consistent with
and that do not conflict with, add to or omit measures required by this Agreement, t::xcept as may
, be necessary to enable FERC to ascertain and monitor PacifiCorp s compliance with the FERC
Order and its rules and regulations under the Federal Power Act ("FP A") and other federal and
state laws. Each ofthe Parties agree, except as provided below, that PacifiCorp s performance of
its opligations under this Agreement will be consistent with and will fulfill PacifiCorp s existing
statutory and regulatory obligations as to each Party relating to the interim operation and
decommissioning ofthe Project. The Parties further agree, except as provided below, that if any
Party submits comments, recommendations, terms, conditions, or prescriptions that conflict with
or add to the measures required by this Agreement, or takes other action in this proceeding
inconsistent with-this Agreement, such inconsistency shall be resolved in accordance with
Section 6 of this Agreement. Without limiting the generality of the preceding sentence, the
Parties agree that PacifiCorp s performance ofits covenants in this Agreement will be consistent
with and will fulfill all obligations under the following statutory provisions, except as
specifically provided:
Federal Power Act Sections 10(a), 10(1) and 18. The provisions of this
Agreement are intended to satisfy the Governmental parties' exercise of authority under the FP
Sections 10(a), 100) and 18, 16 U.C, ~~ 703(a), 0) and 811. The Parties intend, subject to
Section 1.4 of this Agreement, that any future comments, recommendations, terms, conditions or
prescriptions, to the extent applicable to this proceeding, will not add to or conflict with the
measures required by this Agreement and that any inconsistency shall be resolved in accordance
with Section 6 ofthis Agreement. Each Governmental Party reserves the right to exercise any
authority it may otherwise have under the FP A in the event such Governmental Party withdraws
in accordance with Section 6.16 of this Agreement.
1.1.2 Clean Water Act.Section 401 of the CWA, 33 D,C. ~ 1341 , requires that any
applicant for a federal license or permit to conduct any activity that may result in a discharge into
navigable waters provide the licensing or permitting agency with a certification from the state
that the discharge will comply with the applicable provisions of CW A sections 301 , 302, 303
Powerdale Hydroelectric Proiect Settlement Agreement
306, and 307, including applicable state water quality standards ("Section 401 Certification
ODEQ anticipates that interim operation and decommissioning activities required by this
Agreement, including Appendix B, will comply with the applicable provisions ofCW A sections
301,302 303,306, and 307, as well as with "any other appropriate requirement of State law
referenced in CWA subsection 40 I (d), 33 U,C. ~ 1341(d), including, as applicable, water
quality standards, TMDLs, and requirements to protect designated beneficial uses. However
ODEQ does not intend to predetermine the outcome of its evaluation of the interim operation and
decommissioning activities under the CW A and state law, and, consistent with Section 1.4 of this
Agreement, reselVes its right to take all actions necessary to comply with the CW A and state law,
The Parties' agreement with regard to the process for obtaining a Section 401 Certification is
described in Section 2,, below. IfODEQ issues a Section 401 Certification that requires
measures that conflict with, add to orare otherwise inconsistent with those water-quality-related
measures required by this Agreement~ as set forth in Exhibit 1 , the Parties shall address any such
inconsistency in accordance with Section 6 of this Agreement.
1.1.3 Endangered Species Act Section 7(a)(2) and Magnuson-Stevens Fishery
Conservation and Management Act Section 305(b). Section 7(a)(2) of the ESA requires federal
agencies to ensure that their actions are not likely to jeopardize the continued existence of
federally-listed threatened and endangered species or to result in the destruction or adverse
modification of designated critical habitat. 16 U.C. ~ 1536(a)(2). The Parties acknowledge
that FERC may not issue the FERC Order until it has completed consultation with NMFS and
USFWS with respect to threatened and endangered species affected by the Project. The Parties
reserve the right to request rehearing in the event that the FERC Order is issued prior to
completion of Section 7(a)(2) consultation. IfFERC approves interim operation and
decommissioning ofthe Project in a manner that does not conflict with, add to, or omit measures
required by this Agreement, the proposed action for purposes ofESA section 7(a)(2) consultation
would be the operation ofthe Project for an interim period with the PM&E measures set forth in
Section 3, and the subsequent decommissioning of the Project and implementation of associated
PM&E measures in accordance with Section 4, NMFS and USFWS anticipate that the measures
contained in this Agreement will be adequate to minimize any incidental take occurring as a
result of interim Project operations, decommissioning, and related PM&E measures; however
NMFS and USFWS do not intend to predetermine the outcome of any consultation under the
ESA and reserve their right to take all actions required to comply with the ESA. Additionally,
Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act requires
federal agencies to consult with NMFS regarding actions that may adversely affect essential fish
habitat ("EFH"), NMFS will combine its EFH consultation with its ESA consultation. If, as an
outcome ofESA or EFH consultation, NMFS or USFWS require measures that conflict with, add
to or are otherwise inconsistent with the measures required by this Agreement and specifically
Sections 3, 4 or 5 or Exhibit 1 ofthis Agreement, the Parties shall address any such inconsistency
in accordance with Section 6 of this Agreement.
1.1.4 Treaty and Other Authorities, CTWS holds and exercises off-reservation treaty
rights, including fishing, hunting and gathering rights, in the Hood River basin pursuant to the
Treaty with the Tribes of Middle Oregon, June 25, 1855, 12 Stat. 963 (the "Treaty"). In addition,
the Project is located within lands ceded to the United States in the Treaty. CTWS agrees that
Powerdale Hydroelectric Proiect Settlement Agreement
the measures contained in this Agreement will fulfill any obligations that PacifiCorp may have in
regard to the interim operation and decommissioning ofthe Project pursuant to the Treaty and
other federal and tribal laws and regulations. The Project is not located within tribal reservations
for purposes of Section 4( e) of the FP A.
Oregon Fish Passage and Screening Statute. Interim operation PM&E measures
and decommissioning measures to be performed under this Agreement serve as fish passage
under Oregon Revised Statutes ("ORS") 509.585. In addition, this Agreement is intended to
satisfy the requirements of ORS 498.311 regarding game fish, to the extent applicable,
NEP A Analysis. In connection with a FERC Order, the Parties anticipate that FERC will
complete an environmental analysis pursuant to the National Environmental Policy Act
NEP A"), The Parties shall request that FERC incorporate interim operation and
decommissioning measures described in this Agreement into the proposed action described and
evaluated in its NEP A environmental analysis,
Limitations, This Agreement establishes no principle or precedent with regard to any
issue addressed in this Agreement or with regard to any Party s participation in any other pending
or future licensing or decommissioning proceeding. Further, no Party to this Agreement shall be
deemed to have approved, accepted, agreed to, or otherwise consented to any operation,
man~gement, valuation or other principle underlying any of the matters covered by this
Agreement, except as expressly provided in this Agreement, By entering into this Agreement, no
Party shall be deemed to have made any admission or waived any contention of fact or law that it
did make or could have made in FERC proceedings related to this Project. This Agreement shall
not be offered in evidence or cited as precedent by any Party to this Agreement in any
administrative or judicial litigation, arbitration, or other adjudicative proceeding, except in a
proceeding to establish the existence of or to enforce or implement this Agreement. This Section
3 shall survive any termination of this Agreement.
Representations Regarding Consistency and Compliance with Statutory Obligations
Except as provided herein, the Governmental Parties believe their statutory and other legal
obligations are, or can be, met through implementation of this Agreement; provided, nothing in
this Agreement may be construed to limit any Governmental Party ITom complying with its
obligations under applicable laws and regulations or ITom considering public comments received
in any environmental review or regulatory process related to the Project in accordance with this
Agreement. This Agreement may not be interpreted to predetermine the outcome of any
environmental or administrative review or appeal process.
1.5 Conditions Precedent and Conditions Subsequent.The Parties' respective obligations
under this Agreement are subject to conditions precedent and conditions subsequent, as more
fully set forth in Section 6 below,
Powerdale Hydroelectric Protect Settlement Agreement
SECTION 2: ACTIONS UPON EXECUTION OF THIS AGREEMENT
FERC Filings.Following the Effective Date, but no later than May 15, 2003, PacifiCorp
shall file with FERC a fully executed copy of this Agreement and its appendices and exhibits in
accordance with FERC regulations at 18 C,R, ~ 385.602. Concurrent with that filing,
PacifiCorp shall file a request to extend and amend the Project license and decommission the
Project in accordance with this Agreement.
Permits. In accordance with this Agreement, PacifiCorp shall apply for and use
reasonable efforts to obtain in a timely manner and in final fonn all applicable federal, state
regional, and local permits, licenses, authorizations, certifications (including a Section 401
Certification), determinations, and other governmental approvals for purposes of implementing
this Agreement ("Pennits ). PacifiC~rp shall likewise use reasonable best efforts to obtain a
FERC Order in a timely manner. The Parties shall cooperate during the permitting,
environmental review, and implementation of this Agreement. Each Party, upon PacifiCorp
request, shall use its best reasonable efforts to support PacifiCorp s applications for Permits
provided that this sentence shall not apply to a Party that is the agency issuing the requested
Permit, Except as expressly provided in this Agreement, PacifiCorp may not be required by this
Agreement to implement any action under this Agreement until all applicable Permits required
for that action are obtained in a form that does not conflict with or add to measures required by
this Agreement and any and all applicable, prescribed periods for a petition for administrative or
judicial review or appeal or any similar proceeding relating to any Permit ("Proceeding ) have
expired without any such Proceeding having been commenced or, in the event any such
Proceeding is commenced, until any such Proceeding is terminated on terms and conditions that
do not conflict with or add to measures required by this Agreement. Each Party shall bear its
own costs of participating in any Proceeding. In the event any Proceeding is commenced, the
Parties shall confer to evaluate the effect of such Proceeding on implementation of this
Agreement. Nothing in this Section 2.2 shall be construed to limit PacifiCorp s ability to apply
for a Permit before issuance of the FERC Order.
2.3 Communications with FERC and Other Government Agencies. Except as required to
comply with applicable law, the Parties shall (i) make comments and respond to comments or
responses to comments filed by them in the context of a FERC Order, Permit or TMDL
proceeding only in a manner that is consistent with and that does not recommend conflicting or
additional measures from those required by this Agreement; and (ii) to the extent they participate
in relevant regulatory proceedings, actively support this Agreement and the incorporation of
terms that are consistent with and that do not conflict with or add to measures required by this
Agreement into Permits and TMDLs. If any Party advocates, after the Effective Date, to FERC
or in any other forum, conditions that conflict with, add to or are otherwise inconsistent with this
Agreement, the matter shall be addressed in accordance with Section 6 of this Agreement.
Timing of Obligations. The implementation schedule attached to and incorporated by
reference into this Agreement as Appendix A specifies the schedule for implementation of
Protection, Mitigation and Enhancement ("PM&E") measures during the interim operating
period (Table A), and implementation of decommissioning and related PM&E measures
Powerdale Hydroelectric Protect Settlement Agreement
(Table B). If there is a specific provision of this Agreement relating to the schedule for
implementation of a particular measure and that provision conflicts with Appendix A, the
specific provision in this Agreement controls, If there is no specific provision in this Agreement
relating to the schedule for implementation of a particular measure, the schedule for
implementation set forth in Appendix A controls. The schedule may be modified only with the
written consent of all Parties, which modification shall constitute an amendment of this
Agreement.
Section 401 Certification Procedures,
Section 401 Certification Upon Application to FERC, Concurrent with
PacifiCorp s request for a FERC Order, PacifiCorp shall file with ODEQ an application for
Section 401 Certification of interim operation and decommissioning ofthe Project that is
consistent with this Agreement. The Section 401 Certification application shall consist of
applicable information required under Oregon Administrative Rule 340-048-0020(2), this
Agreement (with Appendices and Exhibits), and any other appropriate information. PacifiCorp
shall pay ODEQ an application fee in accordance with ORS 468.065(3) upon invoice from
ODEQ or other mutual arrangement. In evaluating PacifiCorp s Section 401 Certification
application, ODEQ shall incorporate and rely on the ODEQ "Evaluation and Findings Report"
dated May 26, 2000, to the extent applicable to interim operation and decommissioning
activities, as well as consider any other relevant information, including but not limited to data
generated in connection with the TMDL Operational Plan, ODEQ shall provide public notice
and an opportunity to comment on a proposed Section 401 Certification decision that is
consistent with the proposed Section 401 Certification conditions set forth in Exhibit 1 to this
Agreement. If, as a result of consideration of public comment and any new infonnation, ODEQ
issues a Section 401 Certification that requires measures that conflict with, add to, or are
otherwise inconsistent with those water-quality-related measures required by this Agreement, as
set forth in Exhibit 1, the Parties shall address any such inconsistency in accordance with
Section 6 of this Agreement. ODEQ shall endeavor to issue this Section 401 Certification within
four months of receiving the application.
Effect on June 2000 Certification.For purposes ofthe interim operation and
decommissioning for which PacifiCorp shall request FERC approval pursuant to this Agreement
the Section 401 Certification issued by ODEQ under Section 2.1 above shall supersede the
June 2000 Certification. The June 2000 Certification shall be effective only in the event
(i) FERC issues a new license for the Project as requested by PacifiCorp in June 1999, and
(ii) PacifiCorp accepts the new license, ODEQ and PacifiCorp agree that the agreement between
ODEQ and PacifiCorp dated June 9, 2000 for implementation of the June 2000 Certification
shall tenninate upon PacifiCorp s acceptance of a Final FERC Order.
5.3 Section 401 Certification for Federal Permits for Decommissioning Activities
Upon applying for a federal permit or pennits for decommissioning activities required by this
Agreement, including a dredge and fill pennit from the U.S. Army Corps of Engineers ("Corps
pursuant to CW A Section 404 ("Section 404 Pennit"), PacifiCorp shall provide written notice of
such application and of any proposed changes in decommissioning activities since the date of
Powerdale Hydroelectric Project Settlement Agreement
issuance ofODEQ's Section 401 Certification under Section 2.1 above, Within 60 days of
ODEQ's receipt of notice from the Corps or other federal pennitting agency that it is processing
PacifiCorp s application, ODEQ, consistently with 33 U.C, ~ 1341 (a)(3), shan notify the
federal agency and PacifiCorp either (i) that the Section 401 Certification issued by ODEQ under
Section 2.1 above is sufficient for purposes of the federal pennit and permit conditions, or
(ii) that, in light of new information related to the water quality impacts of decommissioning
activities since issuance ofthe Section 401 Certification under Section 2., there is no longer
reasonable assurance of compliance with state water quality standards. In the latter event, ODEQ
shall consider the new information, solicit and consider public and agency comment as required
by law, and issue a Section 401 Certification determination for purposes of the federal pennit and
decommissioning activities, If, as a result of consideration of pub lic comment and any new
information, ODEQ issues a Section 401 Certification that requires measures that conflict with
add to, or are otherwise inconsistent ~ith those water-quality-related measures required by this
Agreement, as set forth in Exhibit 1 , the Parties shan address any such inconsistency in
accordance with Section 6 of this Agreement.
5.4 Application for Delegated State Section 404 Permit for Decommissioning
Activities, In the event the Oregon Division of State Lands ("ODSL") assumes authority to
administer a dredge and fin permit program under CW A Section 404 by the time a Section 404
Permit is required for Project decommissioning activities, PacifiCorp shall apply for such a
Section 404 Permit from ODSL. ODEQ, ODFW and OWRD shall provide comments to ODSL
in accordance with ORS 196,825 or successor statutes in effect at that time, Subject to
consideration of any new information at the time of the application for the Section 404 Permit
and consideration of any public comment as maybe required by law, ODEQ, ODFW and OWRD
shall provide ODSL with comments or proposed conditions that are consistent with and that do
not conflict with or add to measures required by this Agreement. If ODEQ, ODFW or OWRD
provide comments or proposed conditions that would require PacifiCorp to undertake measures
that conflict with, add to, or are otherwise inconsistent with those measures required by this
Agreement or Exhibit 1 , the Parties shall address any such inconsistency in accordance with
Section 6 of this Agreement,
SECTION 3: INTERIM OPERATING PERIOD
Interim Operating PM&E Measures. PacifiCorp shall implement the PM&E measures set
forth in Sections 3.2 through 3., beginning at the time designated for each measure in this
Section and Appendix A, Table A, and continuing until decommissioning begins in accordance
with the schedule in Appendix A, Table B, or until notification pursuant to Section 5,
whichever happens first.
Ramping Rate.The following ramping rates apply to alhamping at the Project but do not
apply to forced outages, except that they shall apply to Project start-up after such an outage.
Requirements After Effective Date. Upon the Effective Date, PacifiCorp shan
commence development, in consultation with NMFS, USFWS, ODFW, ODEQ and CTWS, of
standard operating procedures for meeting the ramping requirements described in this Section
Powerdale Hydroelectric Project Settlement Agreement
1 and Section 3.2. In addition, upon the Effective Date, PacifiCorp shall commence
development of a monitoring plan in consultation with NMFS, USFWS, ODEQ, ODFW and
CTWS to document the rate of change in water level or stage in the river, Beginning 30 days
after the Effective Date and continuing through commencement of ramping requirements under
Section 3,, PacifiCorp shall make reasonable efforts, using existing equipment, to limit the
ramping rates in the bypass reach to three inches per hour, with a preferred target of two inches
per hour, PacifiCorp shall make a reasonable effort to complete the standard operating
procedures and monitoring plan prior to the FERC Order,
Requirements After FERC Order and Final FERC Order.Upon the FERC Order
ifnot already completed, PacifiCorp shall complete the standard operating procedures and
monitoring plan referred to in Section 3.1. Beginning 30 days after the Final FERC Order
PacifiCorp shall make reasonable efforts to limit the ramping rates in the bypass reach to no
more than two inches per hour, and in any event such rates shall not exceed three inches per hour
in accordance with the standard operating procedures and monitoring plan,
2.3 Response to Monitoring. Should development or implementation of the
monitoring plan referred to in Sections 3,2.1 and 3., or the resulting data, show that a different
ramping rate will result in the same protections for aquatic species (for example, when Inflows
are already high), PacifiCorp may propose such a different ramping requirement. Upon the
written approval ofNMFS, USFWS, ODFW, ODEQ and CTWS, the approved variation shall be
substituted for the above ramping requirements, without requiring amendment of this Agreement.
Unplanned Outages. Following an unplanned outage, PacifiCorp shall observe
conditions directly downstream ofthe Project dam and powerhouse, Should PacifiCorp or
another Party identify a fish stranding problem, PacifiCorp shall use its best reasonable efforts to
minimize the impacts of such stranding by relocating such fish to the river in consultation with
ODFW, CTWS, NMFS and USFWS.
Instream Flows and Temperature. The minimum instream flow requirements set forth in
this Section 3.3 shall be met using a combination of flows from the fish ladder, fish screen
bypass flow, trash sluice, and spillway gates.
ReQuirements After Effective Date. Upon the Effective Date and continuing
through commencement of minimum instream flow requirements under Section 3.3,, PacifiCorp
shall make reasonable efforts, using existing equipment, to implement in the bypass reach either
the following minimum instream flows, or Inflow (less the amount required to compensate for
flowline leakage up to a maximum of25 cis), whichever is less:
(i) February 1 to April 14: 220 cubic feet per second ("cfs
(ii) April 15 to June 30: manage flows as set forth in Section 3.4 below;
(iii) July I to October 31: 250 cis;
(iv) November 1 to November 30: 220 cfs;
(v) December 1 to January 31: 140 cfs.
Powerdale Hydroelectric Project Settlement Agreement
Upon the Effective Date, PacifiCorp shall commence development of standard operating
procedures in consultation with ODFW, ODEQ, NMFS, USFWS and CTWS, to detennine the
accuracy of the existing Programmable Logic Control or alternative method for monitoring
compliance with minimum instream flows. PacifiCorp shall make a reasonable effort to
complete the standard operating procedures prior to the FERC Order.
ReQuirements After FERC Order and Final FERC Order, Upon the FERC Order
if it is not already completed, PacifiCorp shall complete the standard operating procedures,
referred to in Section 3.3,1. Beginning 30 days after the Final FERC Order, PacifiCorp shall
implement in the bypass reach either the minimum instream flows set forth in Section 3,1(i)-
(v), or Inflow (less the amount required to compensate for flowline leakage up to a maximum of
25 cfs), whichever is less, hIstream flows shall be measured by a Programmable Logic Control
or alternative method for monitoring tompliance with minimum instream flows, consistent with
the-standard operating procedures developed pursuant to Section 3.3,1. Instream flows shall be
maintained on an average hourly basis, Once the standard operating procedures are
implemented, PacifiCorp shall publicly post hourly flow data on the Internet. The Internet
posting shall clearly display the total average hourly river flow being released into the bypass
reach directly downstream of the diversion dam. The Internet posting shall also display the
average hourly flow being diverted to the flow conveyance system. Flows shall be reported in
cfs. PacifiCorp shall post hourly flow measurements as timely as possible but no more than 24
hours after such measurements are taken.
3.3.Temperature Monitoring. After the Effective Date, PacifiCorp shall monitor
stream temperatures hourly from July 1 through October 15 each year at sites PDBUP (upstream
end of the bypass reach, approximately 50 meters downstream ofthe dam) and PDBDN
(downstream end of the bypass reach, approximately 250 meters upstream of the powerhouse).
The accuracy of temperature recorders shall be tested before and after field deployment to ensure
that they are operating within their designated range of accuracy. In addition to pre- and post-
deployment checks, the temperature recorders shall be audited monthly during the field
measurement period. The pre- and post-deployment and monthly field audit checks shall be
made using a National Institute of Standards and Technology ("NIST") traceable (calibrated and
maintained) thennometer accurate to :i:O,C or better, which has been checked against an NIST
traceable thennometer, hI addition, for the period July 1 through October 15, PacifiCorp, upon
the Effective Date, shall record existing data on flows released into the bypass reach, and upon
the Final FERC Order, shall record average hourly flows released into the bypass reach. These
flows shall be measured in accordance with Section 3,1 or Section 3.3., whichever is
applicable. ODEQ may make reasonable and feasible modifications to the temperature and
monitoring requirements of this Section 3.3.3 , and, in consultation with ODFW, OWRD, NMFS
USFWS and CTWS, may make reasonable and feasible modifications to the flow monitoring
requirements of this Section 3.3.3 if(i) the monitoring requirements prove to be insufficient to
provide the necessary data or (ii) modifications to minimum instream flow requirements require
modifications to monitoring requirements.
Powerdale Hydroelectric Project Settlement Agreement
3.3.4 Response to TMDL Temperature Monitoring. In order to meet its TMDL load
allocation nom September 15 to October 15, PacifiCorp shall undertake the following measures:
3.4,Annual Temperature and Flow Monitoring Report.After the Effective
Date, PacifiCorp shall provide ODEQ with an annual temperature and flow monitoring
report by December 31 of each year, The annual monitoring report shall include flow
data and hourly temperature data, pre- and post-deployment data, and monthly field audit
data required by Section 3.3.3 for that calendar year, The annual report shall identify any
instances in which the seven-day moving average of daily maximum temperatures
measured at the downstream end of the bypass reach exceeded 55OF during the period
nom September 15 through October 15. If any such instances are identified in the first
three years of monitoring, PacifiCorp shall submit in the third annual temperature and
flow monitoring report to ODEQ an evaluation of whether the temperature increase in the
bypass reach was O,25OF (as a seven-day moving average) more than the increase that
would have occurred had the Project not diverted water nom the bypass reach, In lieu of
conducting this evaluation, PacifiCorp may assume that any temperature increase between
the upstream and downstream ends ofthe bypass reach is due to Project diversions.
3.3.4,Measures to Reduce Stream Wanning nom September 15 through
October 15. If, based on the evaluation or assumed Project impact described in
Section 3.3.4,, ODEQ determines that the stream wanning that occurred in the bypass
reach was O,25OF more than would have occurred had there been no Project diversions
PacifiCorp shall, within 90 days after written notification nom ODEQ, submit to ODEQ
a written proposal for measures that PacifiCorp will take to ensure that the Project-related
wanning in the bypass reach is not more than O,25OF (as a seven-day moving average)
when the seven-day moving average of daily maximum temperatures exceeds 55OF at the
downstream end of the bypass reach between September 15 and October 15, The
proposal shall include a proposed schedule for implementing the measures. The
measures may include, but are not limited to, the following:
(i) Temperature modeling for the period September 15 through October 15 to
determine what minimum instream flows would be necessary to reduce Project-
related wanning to O,25OF or less (as a seven-day moving average) when the
seven-day moving average of daily maximum temperatures at the downstream end
of the bypass reach exceeds 55OF, Ifincreased minimum flows are necessary and
feasible, PacifiCorp shall provide the increased flows for the necessary period,
subject to the limits set forth in Section 3.3.4.
(ii) In the alternative, PacifiCorp may elect not to divert water (except for
amounts required to compensate for flowline leakage up to 25 cfs) whenever and
so long as the river temperature exceeds 55OF at the downstream end ofthe bypass
reach between September 15 and October 15.
Powerdale Hydroelectric Project Settlement Agreement
3.4.3 Limits on Minimum Instream Flow Modifications. The following
limitations apply to modifications of minimum instream flows under this Section 3.3:
(i) ODEQ shaH not require modification of flows beyond those reasonably
necessary to prevent a Project-related instream temperature increase ofO,25OF or
more. This limitation shall only apply upon ODEQ's determination that
PacifiCorp has satisfactorily demonstrated under prevailing conditions that any
such modification would result in a Project-related temperature increase of less
than O,25O
(ii) Modification of minimum instream flows shall be limited to no more than a
50 cfs increase in any two-year period.
(iii) PacifiCorp s responsibility to fulfill minimum instream flow requirements
shaH be limited to reducing Project diversions nom the bypass reach,
(iv) No increase in minimum instream flows shall be required before
September 15, 2006.
Powerhouse Cooling Water Discharge, Heat discharged to the Hood River
through powerhouse cooling water shall not exceed 19,31 million kilocalories per day,
3.3,TMDL Reservation. In the event that the Project continues to divert water for
power generation or Project maintenance during and after 2012, ODEQ reserves the right to
modify the Section 401 Certification for the Project, in accordance with OAR Chapter 340,
Division 48, as needed to ensure implementation ofTMDLs for any applicable period,
Temporary Reduction in Diversion Flow
3.4,General.From April 15 to June 30 each year, PacifiCorp shall reduce diversion
flow to a maximum of25 cfs. All flows in excess of the amount required to compensate for
flowline leakage up to 25 cfs shall be passed by the dam.
3.4.Resuming Power Generation. PacifiCorp may resume power generation on July
of each year. For the 96 hours prior to the start-up of the turbine unit, PacifiCorp shall use
multiparameter continuous monitoring devices approved by ODEQ to sample water quality at
two sites in the river agreed upon by ODEQ. One site shall be approximately 250 meters
upstream of the powerhouse tailrace in the river along the east bank; the other shall be
approximately 30 meters downstream of the powerhouse tailrace s confluence with the river
along the east bank, The continuous sampling devices shaH sample and record hourly stream
temperature, dissolved oxygen, pH, and turbidity. At least 72 hours prior to the start-up of the
turbine unit, but not less than 24 hours after commencing the continuous monitoring, PacifiCorp
shall open a 10-inch drain valve in the powerhouse near the tailrace to provide a slow exchange
of flowline water. Upon beginning generation on July 1 , PacifiCorp shaH set the turbine
generator unit on the minimum wicket gate setting required to synchronize the turbine generator,
Powerdale Hydroelectric Project Settlement Agreement
PacifiCorp shall then ramp the turbine generator load in sufficiently small increments to the
extent feasible to maintain the ramping requirements set forth in Section 3,2, Monitoring under
this Section 3.4.2 at the two sampling sites may cease 24 hours after beginning generation. The
multiparameter devices shall be calibrated for each parameter according to the manufacturer
specifications prior to deployment. At the time the instruments are placed in the water and when
they are retrieved at each site, PacifiCorp shall measure stream temperature with a certified NIST
thennometer and collect a sample for a Winkler titration for dissolved oxygen at each site.
Within 30 days after the instruments are retrieved, PacifiCorp shall forward ODEQ the electronic
files of the continuous sampling and calibration data.
Alternative Measures. The procedure outlined in Section 3.4,2 may provide
dilution of flowline water in excess of that necessary to comply with water quality standards.
PacifiCorp may reduce or cease its monitoring effort under Section 3.4.2 following three
consecutive years of monitoring data, of quality considered accurate and reliable to ODEQ,
demonstrating that the flowline water does not contribute to an exceedance of a water quality
standard at the downstream monitoring site described in that Section, In the absence of three
years of such data, PacifiCorp may reduce or cease its monitoring effort under Section 3.4.2 if
ODEQ provides written approval based upon an ODEQ determination that there is no reasonable
potential for the flowline water to contribute to exceedance of one or more water quality
standards at the downstream monitoring site. If, notwithstanding use of the procedure described
in Section 3.4., the flowline water causes an exceedance of water quality standards at the
downstream monitoring site, ODEQ may direct PacifiCorp to develop and propose, within a
reasonable time specified by ODEQ, alternative measures for ensuring that the flowline water
does not cause an exceedance of water quality standards at the downstream monitoring site upon
beginning generation, Upon approval by ODEQ, PacifiCorp shall implement the alternative
measures, which may include increased diversion flow during the period April 15 through
June 30.
Planned Outages, Beginning 30 days after the Effective Date, PacifiCorp shall, to the
extent feasible, limit planned outages to coincide with the temporary reduction of diversion flow
provided in Section 3,4 or with the summer, and shall limit planned non-summer outages to
24 hours to the extent reasonably feasible. PacifiCorp shall notify ODFW, NMFS, USFWS, and
CTWS of planned outages and subsequent start-up periods to allow for monitoring ofthose areas
with the greatest possibility for fish stranding.
Flushing. Beginning 30 days after the Effective Date, PacifiCorp shall restrict flushing of
the sand settling basin to periods when bypass reach instream flows are at least 500 efs, and
preferably greater than 1 000 efs,
Intake Screens, Upon the Effective Date, PacifiCorp shall continue to operate and
maintain existing intake screens in working order, This work shall include regular inspections
and the repair, rehabilitation or replacement, as needed, of seals and moving components such as
chain drives, sprockets, screen baskets, motors and screen wash equipment. If a screen is
damaged beyond repair, PacifiCorp shall replace it with a screen of similar design; however
Powerdale Hydroelectric Project Settlement Agreement
PacifiCorp shall not be required to design or install an upgraded fish screen or otherwise make
technological or other major improvements,
Fishwav Auxiliary Water Intake.On or before the FERC Order, PacifiCorp shall identify
and obtain NMFS, USFWS, ODFW and CTWS written approval of a method for maintaining the
fish ladder auxiliary attraction water bar rack within the ladder sufficiently free of debris to allow
adequate attraction flows, Alternatives to be considered shall be limited to the following unless
the Parties agree otherwise: ftequent manual cleaning, modification of the bar spacing on the
existing intake trash rack, installation of an intake device incorporating v-bar screen technology,
or changing the spacing ofthe bars on the rack within the ladder, Recommendations and
supporting documentation shall be shared with NMFS, USFWS, ODFW and CTWS, No later
than the first in-water work opportuni~y following the Final FERC Order, PacifiCorp shall
implement the approved method for maintaining the fish ladder auxiliary attraction water bar
rack sufficiently free of debris.
Ground-Disturbing Activities. Unless emergency conditions exist that require immediate
actions, beginning 30 days after the Effective Date PacifiCorp shall limit impacts to terrestrial
and wetland habitat ftom any ground-disturbing activities by (i) minimizing the area of
disturbance; (ii) adhering to conditions in any applicable U,S, Anny Corps of Engineers or
Oregon Division of State Lands wetlands permit(s); (Hi) consulting with state and federal wildlife
agencies, CTWS, and, when necessary, the Columbia River Gorge Commission prior to carrying
out the work to determine appropriate protection measures; (iv) limiting construction to the
sumrher and fall; (v) revegetating disturbed areas with native vegetation to the extent feasible;
and (vi) controlling sedimentation of aquatic habitat through the erosion control measures
contained in the applicable permit(s). PacifiCorp shall conduct a survey before the initial ground-
breaking activity for rare, threatened and endangered species in areas planned for significant
construction activities, and shall coordinate with the USFWS, ODFW, Oregon Department of
Agriculture and Oregon Natural Heritage Program to ensure that the target species list is current.
10 Rare. Threatened and Endangered Terrestrial Species. Beginning 30 days after the
Effective Date, PacifiCorp, if requested by USFWS or ODFW, shall cooperate with such
agencies in their continuing efforts to monitor bald eagles, harlequin ducks and other federal- or
state-listed rare, threatened or endangered terrestrial species documented within the Project
boundary by (i) providing access to the Project, and (ii) providing data collected by PacifiCorp
personnel regarding such species,
11 Cultural Resources Mana~ement Plan. Beginning 30 days after the Effective Date
PacifiCorp shall consult with the Oregon State Historic Preservation Office ("SHPO") and FERC
staff to begin revising its draft Cultural Resources Management Plan ("CRMP") to reflect the
actions proposed in this Agreement. It is anticipated that FERC will issue a new Programmatic
Agreement between itself and the SHPO to reflect the terms of this Agreement and the revised
CRMP, PacifiCorp shall make a reasonable effort to complete the revised CRMP prior to the
FERC Order; however, the Parties recognize that the timing ofthe FERC Order may result in
later completion. Upon the FERC Order, if it is not already completed, PacifiCorp shall
complete and begin implementing the revised CRMP as soon as practicable.
Powerdale Hydroelectric Project Settlement Agreement
12 Recreation Facilities. Upon the Effective Date, PacifiCorp shall continue to maintain
existing recreation facilities on an as-needed basis through PacifiCorp s existing operations and
maintenance program, In addition, PacifiCorp shall perfonn the following at Powerdale Park:
(i) when the existing toilet needs replacing, provide and maintain a portable, ADA-accessible
toilet; (ii) within one year after the Effective Date, provide one additional picnic table;
(iii) within two years after the Effective Date, provide a second additional picnic table; and
(iv) within 30 days after the Final FERC Order, install trail directional signs and a Project
interpretive sign. PacifiCorp shall also perfonn the following at the Powerhouse day-use site: (a)
within 30 days after the Final FERC Order, install and maintain a portable, ADA-accessible toilet
at the Powerhouse day-use site and construct a pathway to that toilet; and (b) within 30 days after
the Final FERC Order, install warning signs regarding fluctuating water levels, trail directional
signs, and a salmon interpretive sign.
13 InfOlmation Sharing. In addition to any water quality infonnation sharing required
pursuant to the Section 401 Certification, the following information shall be shared with the
Parties to assist in compliance monitoring and general decisionmaking.
13.Requirements After Effective Date. Beginning 30 days after the Effective Date
and continuing through commencement of records maintenance and sharing requirements under
Section 3.13.2, PacifiCorp shall provide the Parties with reasonable access to data related to
PacifiCorp s implementation of this Agreement and created with existing equipment, such as
records at the powerhouse and data regarding planned and unplanned outages, but not including
PacifiCorp financial data. In addition, PacifiCorp shall convene an annual meeting with NMFS,
USFWS, ODFW and CTWS to discuss any fish and wildlife mitigation and monitoring activities.
Except as required by applicable law, the Parties shall keep confidential all records marked
confidential" or "proprietary" and not disseminate all or part of, or otherwise share the contents
, such records.
13.Requirements After Final FERC Order. Beginning 30 days after the Final FERC
Order, PacifiCorp shall maintain records of Project operations, including instream flow releases
ramping conditions, and temperature monitoring reports, and shall make such records available
to the Parties upon request. In addition, PacifiCorp shall convene an annual meeting with
NMFS, USFWS, ODFW and CTWS and shall provide an annual report to such agencies
summarizing fish and wildlife mitigation and monitoring activities. On reasonable notice
PacifiCorp shall provide the Governmental Parties with access to Project facilities and records
related to implementation of the Agreement, but not including PacifiCorp financial infonnation.
Except as required by applicable law, the Parties shall keep confidential all records marked
confidential" or "proprietary" and not disseminate all or part of, or otherwise share the contents
, such records,
14 Maintenance of Lands During Interim Period. Beginning upon the Effective Date and
continuing through March 29 2012, PacifiCorp shall continue to own the lands identified in
Appendix D (the "Subject Lands ) and shall not dispose of, encumber, or initiate changes in the
character of such lands, except (i) as provided in Section 4.4; (ii) for those actions specified in
Powerdale Hydroelectric Project Settlement Agreement
Appendix E; and (iii) after providing the Lands Stakeholders reasonable advance notice and an
opportunity to comment, as reasonably necessary or desirable for the prudent ownership and
management of the Subject Lands (e., granting easements or quitclaims for utilities, road
widening, repairs and maintenance, stormwater facilities, and distribution lines),
SECTION 4: DECOMMISSIONING
Decommissioning Actions. PacifiCorp shall perform the decommissioning actions set
forth in this Section 4,1 and the decommissioning plan attached to and incorporated by reference
into this Agreement as Appendix B. If any provision in Section 4.1 and Appendix B conflict, the
provision in this Section 4,1 shall control. Subject to Sections 2.2 and 7.3, PacifiCorp shall
complete the decommissioning actions within the time specified for each action in Appendix A,
Table B, but in no event shall PacifiC~rp be required to begin such actions prior to the Final
FERC Order. Such times may only be modified with the written consent of all Parties, or by
amending this Agreement in accordance with Section 6,13.
Diversion Dam, PacifiCorp shall remove the diversion dam including the roller
gates, hoists and bridge, piers, walls, spillway, un-gated overflow section, fishway, embankment
sections, and intake to the level of the original riverbed.
Intake, PacifiCorp shall perform the following actions regarding the intake:
(i) remove all concrete portions ofthe structure above original river bed; (ii) remove the 6-foot-
wide gated trash sluice, trashracks, traveling basket fish screens, and all related structural
mechanical and electrical equipment associated with the intake; (iii) remove the intake headgate
that regulates flow from the intake into the power canal; (iv) remove the trash gate located
between the intake structure and the trash sluice; and (v) remove several miscellaneous
structures, including the control gatehouse, operator s house, and non-essential fencing. The
operator s house may be left in place with the consent of a Grantee identified pursuant to
Section 4.4,
1.3 Power Canal. Steel Flume and Sand-Settling Basin. PacifiCorp shall perform the
following actions regarding the power canal, steel flume, and sand-settling basin: (i) break up and
fill the 604-foot-Iong, trapezoidal concrete power canal with materials from the cofferdams and
earth embankments, and blend it with the adjoining river bank; and (ii) remove the 550-foot-Iong
steel flume, 142-foot-Iong concrete sand-settling basin, 254-foot-Iong steel flume, and 33-foot-
long concrete structure.
Flowline Pipe. PacifiCorp shall perform the following actions regarding the
approximately 14 500-foot-Iong flowline: (i) remove three sections of 10-foot-diameter wood
stave pipe (a 480-foot-Iong section, a 1 564-foot-Iong section, and a 488-foot-Iong section)
located in the first 4 692 feet of flowline and totaling 2 532 feet of wood stave, and identified in
Appendix B, Figure 5., attached to and incorporated by reference into this Agreement;
(ii) remove the concrete saddles associated with these three sections of wood stave; (iii) leave in
place all remaining components ofthe flowline, including steel pipe located between and
adjacent to the removed wood stave pipe; and (iv) create a wildlife access path beneath each of
Powerdale Hydroelectric Project Settlement Agreement
the two remaining upstream sections of steel flowline (commonly referred to as the "Flat Top
and "Hog Ranch" sections) at approximately the center of each section by excavating below the
flowline to create an approximately six-foot-high passage.
Flowline Bridge. PacifiCorp shall leave the flowline bridge and associated access
to the steel catwalk in place.
Surge Tank. PacifiCorp shall use a shaped charge to topple the surge tank,
PacifiCorp shall then cut the surge tank into pieces to be salvaged as scrap material.
Powerhouse. PaciflCorp shall perform the following actions regarding the
powerhouse: (i) leave the concrete powerhouse structure in place; (ii) remove all internal non-
structural features; (iii) replace window glass with security-oriented architectural treatments;
(iv) remove the metal-sided maintenance garage located immediately adjacent to the south side
of the powerhouse; (v) use the outdoor traveling gantry crane which spans the powerhouse to
remove equipment from the interior of the powerhouse, then dismantle and remove the operable
components of the crane, leaving the structural members ofthe crane in place; (vi) drain all oil
and hydraulic fluids ftom equipment located inside the powerhouse; (vii) remove any loose,
equipment, parts and materials; (viii) remove the internal rotating generator and turbine
components; (ix) seal the turbine pit with concrete; (x) maintain power to the switch room for,
long, as is necessary to support remaining facilities; (xi) re-grade the areas surrounding the surge
tank and maintenance garage to match surrounding contours; and (xii) secure the powerhouse'
building, all remaining equipment, and adjacent remaining facilities,
.'!
Switchvard. PacifiCorp shall perfonn the following actions regarding the
switchyard: (i) remove all components related to the transmission of power generated by the
Project; (ii) leave in service all equipment required to supply or control power to the distribution
switch/control panels in the powerhouse and equipment associated with the operation of
PacifiCorp s transmission/distribution system; and (iii) modify the existing fencing around the
switchyard and powerhouse as necessary to provide additional security.
Fish Sorting and Trapping Facility. PacifiCorp will ensure that the Powerdale
Darn Fish Trapping Facility ("Fish Trapping Facility") is removed by February 29, 2012, unless
otherwise agreed in writing by the Parties, pursuant to the First Amended Pennit (Hydro Lands)
executed by BP A and PacifiCorp on May 15, 2003 and attached hereto as Exhibit 3.
Decommissioning PM&E Measures. In association with the decommissioning actions set
forth in Section 4., PacifiCorp shall perform the following PM&E measures, If any provision in
Section 4.2 and Appendices A (decommissioning schedule) or B (decommissioning plan)
conflict, the provision in this Section 4,2 shall control.
Erosion and Sediment Control Plan. Prior to taking any in-water
decommissioning actions pursuant to Section 4., PacifiCorp shall develop and implement an
Erosion and Sediment Control Plan ("ESCP"), in consultation with and with the approval of
NMFS, USFWS, ODEQ, ODFW and CTWS, that identifies specific methods that shall be
Powerdale Hydroelectric Project Settlement Agreement
implemented at each work area to protect water quality. The ESCP shall address: (i) protection
of the Hood River from unplanned releases of sediment and debris during decommissioning
activities; (ii) disposition of sediment and decommissioning debris in accordance with applicable
law, PacifiCorp s Spill Prevention Control and Countenneasure Plan, and public health and
safety; (iii) implementation of penn anent revegetation measures consistent with best
management practices; and (iv) dam removal, which shall be conducted in dry conditions using a
coffer dam and artificial channel to divert flows from work areas, In addition, the ESCP shall
specify measures such as benns, ditches, sediment retention basins, silt fencing, and site
restoration to be undertaken by PacifiCorp.
AQuatic Resources
Timing and Notification of In-Water Work. For all in-water work
required by Section 4.1 of this Agreement, PacifiCorp shall conduct such work between
July 15 and August 31 , or outside of that time period with the approval of ODFW, NMFS
and USFWS, Actions that are likely to occur outside of the July 15 to August 31 period
include the following decommissioning actions:
(i) Construction and removal of upstream and downstream cofferdams, cofferdam
materials and culverts;
(ii) Removal of the artificial upstream fish passage channel and bypass flume;
(iii) Placement of materials (relocated cofferdam materials and available
streambed materials) along the river to create access for removal of remaining
portions of dam and fish ladder;
(iv) Placement of materials to regrade and armor the east and west banks ofthe
river to harden the disturbed areas; and
(v) Regrading of the streambed above and below the dam as necessary to assist
with removal of any barriers to fish passage created as a result of
decommissioning activities.
PacifiCorp shall provide NMFS, USFWS, ODFW and CTWS reasonable notice before
initiating any in-water work, regardless of when it occurs, to enable such Parties to view
the work and recommend fish salvage or other immediate measures to avoid fish
stranding or delay. PacifiCorp shall undertake such measures with the assistance of
ODFW and CTWS. For purposes ofthis Section
, "
in-water work" does not include dam
removal or other decommissioning actions performed in areas that have been dewatered
for purposes of decommissioning actions.
Powerdale Hydroelectric Proiect Settlement Agreement
Fish Passage During Dam Removal.
Manner ofFish Passage, During construction of the
cofferdams associated with dam removal activities, PacifiCorp shall extend the
existing fish ladder return channel upstream of the dam to above the upstream
cofferdam work, and shall install culverts through the downstream cofferdam to
provide continued access to the existing fish ladder entrance; provided that
PacifiCorp shall not provide such fish passage through the cofferdam culvert if
NMFS, USFWS, ODFW and CTWS agree that such passage is not necessary.
Coincjdental to the construction ofthe cofferdams, PacifiCorp shall construct an
artificial channel extending nom a mid-point on the existing fish ladder to a
location immediately downstream of the downstream cofferdam. Upon
completion of this channel and the bypass channel (described below), PacifiCorp
shall close the fish access through the downstream cofferdam, allowing upstream
migrants to enter the existing fish ladder structure through a newly constructed
access. PacifiCorp shall place rock between the upstream return channel and
water bypass intake to minimize upstream migrant entrainment into the
downstream bypass flume. During dam removal, PacifiCorp shall divert river
flow past the work zone using portions of the existing water conveyance system
steel flume by installing removed sections of the steel flume nom above the
upstream cofferdam to below the downstream cofferdam, passing over the
overflow section and existing fish ladder. This will provide downstream fish
passage, PacifiCorp shall position the bypass flume to discharge directly into a
pool constructed at the entrance of the upstream passage channel to attract
upstream migrants to the channel. The discharge area shall be designed with,
adequate pool area and depth to minimize impingement of downstream migrants
on the bottom or sides of the pool. The requirements of this Section 4,2.1 may
be modified with the written agreement ofPacifiCorp, NMFS, USFWS, ODFW
and CTWS.
Final Fish Passage Design and Construction Plans. Prior to
changing any of the existing fish passage facilities or constructing any new fish
passage facilities associated with dam removal, PacifiCorp shall prepare final fish
passage design and construction plans in consultation with NMFS, USFWS,
ODFW and CTWS, The final design and construction plans shall be consistent
with Section 4.1 and the following criteria, which may be modified with the
written agreement ofPacifiCorp, NMFS, USFWS, ODFW andCTWS.
(i) The outfall from the flume shall be designed in accordance with, as
appropriate, sections 7,, 7.4., 7.4.13,10.13,10.5 and 13,10,6 of
NMFS' Draft Anadromous Salmonid Passage Facility Guidelines and
Criteria as of the Effective Date (attached as Exhibit 5), In addition, the
pool volume and depth will be designed to minimize pool bottom surface
velocities and injury to fish. For purposes of section 13.1 0., the design
will minimize, but may not completely avoid, creation of false attraction
Powerdale Hydroelectric Project Settlement Agreement
flows, The outfall shall have a 10- foot minimum drop to the pool below
(to prevent adults from entering the pipe), and shall be designed to provide
smooth, rounded edges and surfaces, using materials similar to the flume
to minimize injury to fish exiting the pipe and to jumping adults;
(ii) The pipe/flume shall be designed in accordance with, as appropriate
sections 13., 13,3.4, 13.9.3., 13,9.3,6, 13,9.3.9, 13.11,
13,9.3,13 and 13.14 ofNMFS' Draft Anadromous SalmonidPassage
Facility Guidelines and Criteria as of the Effective Date (attached as
Exhibit 5), Weathered steel surfaces presently existing on the steel flume
sections, or alternatively the galvanized surfaces of standard culvert
material, shall be considered acceptable for this application, provided that
if the interior sth-faces ofthe existing steel flume are considered to be too
rough to meet NMFS' Passage Facility Guidelines and Criteria, PacifiCorp
shall install a liner or conduct sand blasting of the interior surfaces;
(iii) The temporary approach to the fishway channel entrance shall be
constructed with "field placed" structure materials to optimize local
hydraulic conditions, PacifiCorp shall provide NMFS, USFWS, ODFW
and CTWS a minimum of seven days notice prior to the placement of
these materials to allow their on-site participation in field direction of this
placement work on-site;
(iv) The control structures within the temporary approach channel to the
fishway entrance shall be placed at least one channel width apart, These
structures shall have less than one foot of head differential (measured from
upstream of the boulder control structures to the downstream water surface
elevation), and shall not span the entire width of the approach channel
(unless the depth provided over the channel-spanning structure is at least
one foot);
(v) If fish will be passing through the temporary culvert(s) installed in the
downstream coffer dam, such culverts shall meet, as appropriate, sections
8 and 9,9 ofNMFS' Draft Anadromous Salmonid Passage
Facility Guidelines and Criteria, as of the Effective Date (attached as
Exhibit 5), In addition, the bypass shall be designed in accordance with
as appropriate, sections 9.2 and 9,3 ofNMFS' Draft Anadromous
Salmonid Passage Facility Guidelines and Criteria as ofthe Effective
Date;
(vi) The design shall provide supplemental flow to the fishway discharge
to allow optimal operation of the fish ladder and temporary approach
channel; and
Powerdale Hydroelectric Proiect Settlement Agreement
(vii) The design shall be developed such that flow conveyed in the bypass
flume is delivered below the temporary approach channel in a manner that
will maximize both upstream and downstream passage. The design shall
be developed such that the bypass flume and the upstream temporary
approach channel work together to both attract adult fish to the temporary
approach channel, minimize delay of both upstream and downstream
migrants, and minimize injury to fish passing downstream,
2.3 ESA Agencv Approval.For ESA purposes, PacifiCorp
shall submit fish passage design and construction plans for the bypass flume
plunge pool, culvert, temporary approach channel , and fish ladder for NMFS and
USFWS approval, If required to minimize the effect of any incidental take of
listed species, NMFS and USFWS may require as a condition of their approval
additions or changes to such design plans; provided, however, that ifNMFS or
USFWS requires as a condition of approval more than a minor change to such
design or construction plans, or alters the basic design, location, scope, duration or
timing of such plans, the condition shaH be considered inconsistent under Sections
2 and 6.5 of this Agreement.
2.4 Fish Passage Monitoring and Contingency Plan
PacifiCorp shaH conduct a geomorphology survey consistent with the scope
work attached as Exhibit 2. Within 18 months of the Effective Date, PacifiCorp
shaH provide a fmal geomorphology report to the Parties, The report shall
describe: (i) current geomorphic conditions beginning 2 200 feet below the dam
(near the stream gage) to 1 000 feet upstream of the dam, or above the vegetated
island (whichever is farther); and (ii) the anticipated impact of sediment released
ftom dam removal on fish passage and aquatic habitat downstream of the dam
removal site, PacifiCorp shall develop and implement a fish passage monitoring
and mitigation plan, in consultation with NMFS, USFWS, ODFW, ODEQ and
CTWS, and approved by NMFS, USFWS and ODFW. In the event a fish passage
obstruction, as defined by the plan, is caused or exacerbated by dam removal
PacifiCorp shall restore adequate fish passage by implementing mitigation
measures set forth in the plan, PacifiCorp shall have no obligation to monitor or
mitigate under this Section 4,2.4 for more than one cycle of seasons beyond
the return of the river to natural conditions, as detennined by a team composed of
representatives ofNMFS, USFWS, ODFW, CTWS and PacifiCorp, in accordance
with the geomorphology report,
Terrestrial Resources,
Minimizing Impacts. PacifiCorp shall complete surveys for federal- or
state-listed rare, threatened and endangered species in areas planned for construction and shall
plan and design removal activities to minimize direct impacts on wildlife species and minimize
habitat impacts,
Powerdale Hydroelectric Project Settlement Agreement
2.3.Revegetation and Mitigation. PacifiCorp, in consultation with the
Parties, shall prepare and implement a Revegetation and Mitigation Plan ("RMP"). The RMP
shall address the manner in which PacifiCorp, in conducting decommissioning activities, shall
(i) minimize the area of disturbance to the extent feasible; (ii) adhere to conditions of any
applicable U.S. Anny Corps of Engineers or Oregon Division of State Lands wetlands permit;
(Hi) consult with state and federal wildlife agencies, CTWS, and, when necessary, the Columbia
River Gorge Commission prior to carrying out the work to determine appropriate protection
measures; (iv) limit construction to summer through fall months; (v) revegetate disturbed areas
, with native vegetation to the extent feasible, based on existing vegetation cover type mapping
and potential wetland delineations; and (vi) control sedimentation of aquatic habitat as set forth
in the ESCP. The Parties recognize that decommissioning may result in some unavoidable
wetland alteration due to elimination pfleaks from the existing wood stave flowline, and agree
that PacifiCorp is not obligated to compensate for the removal of this artificial water source.
2.4 Cultural Resources.PacifiCorp shall reach a draft Memorandum of Agreement
with the SHPO for submission to FERC prior to decommissioning. PacifiCorp shall
photographically document eligible properties for pictorial preservation by the National Register,
In addition, PacifiCorp shall consider mitigation measures for eligible properties such as
recordation to the Historic American Buildings Survey/Historic American Engineering Record
standards, and architectural salvage. Prior to modifying any structures, PacifiCorp shall consult
with the SHPO, the National Park Service, the U,S. Anny Corps of Engineers, CTWS, the
Oregon Historical Society, the Hood River County Historical Society, and the County of Hood
River, as appropriate. If ownership of the property and remaining eligible facilities are
transferred to another entity, PacifiCorp shall provide documentation acknowledging that the
facilities are eligible for listing in the National Register of Historic Properties and require
treatment in a manner consistent with that National Historic Preservation Act.
2.5 Recreation Resources,PacifiCorp may restrict or prohibit public access to the two
existing day-use sites and the bypass reach while portions of decommissioning activities take
place. Where full or restricted access is provided, PacifiCorp shall: (i) provide appropriate
signing and public notification prior to demolition and restoration activities to inform the public
of planned activities and temporarily restricted public access to the bypass and day-use sites;
(ii) minimize impacts to the fishing experience by implementing a demolition program that
minimizes the length of time that the river is affected; and (iii) where feasible, restore river trails
access roads and parking areas to pre-construction conditions following decommissioning
activities,
Land Use and Management and AestheticsNisual Resources, Except as
otherwise provided in this Agreement, the Parties agree that PacifiCorp shall not be obligated to
perform additional measures addressing impacts to land uset land management, aesthetics or
visual resources during or after decommissioning.
Powerdale Hydroelectric Proiect Settlement Agreement
4.3 Disposition of Water Rights
Assignment.Within 90 days of permanent cessation of power at the Project
PacifiCorp shall assign its PacifiCorp Hydroelectric Water Right for the Powerdale Project
(Certificate No. 46965) to OWRD for conversion to an instream water right pursuant to ORS
543A,305. OWRD shall accept the PacifiCorp Hydroelectric Water Right "AS IS" ; PacifiCorp
expressly disclaims any representation or warranty concerning the PacifiCorp Hydroelectric
Water Right or its convertibility to an instream water right. Prior to the initiation of the
conversion process, PacifiCorp shall use reasonable efforts to avoid allowing the PacifiCorp
Hydroelectric Water Right to be forfeited for non-use, and shall not otherwise intentionally
jeopardize the validity of the PacifiCorp Hydroelectric Water Right, except to the extent that the
licensing authority requires flow regimes inconsistent with the PacifiCorp Hydroelectric Water
Right, and in times of water shortage PacifiCorp and OWRD may agree with other existing water
users to prorate water shortages notwithstanding relative priority dates. Instream flows required
under this Agreement (Section 3.3) or by a FERC Order or license shall be considered part of
PacifiCorp s use of water under its PacifiCorp Hydroelectric Water Right, but only to the extent
that water available toPacifiCorp under its PacifiCorp Hydroelectric Water Right is needed to
satisfy the instream flows, Nevertheless, ifPacifiCorp s use of water under the PacifiCorp
Hydroelectric Water Right becomes an issue, PacifiCorp shall cooperate with OWRD in
defending the validity of the PacifiCorp Hydroelectric Water Right by providing documentation
regarding the history of the use of water pursuant to the PacifiCorp Hydroelectric Water Right at
the Powerdale facility as OWRD deems necessary,
Protest Withdrawal.Within 60 days following the Final FERC Order, PacifiCorp
shall withdraw its protest currently pending before OWRD of ODFW's in stream water right'
application IS 83969.
Side Agreement.Several Parties are currently working toward a separate side
agreement that would address how the conversion of the PacifiCorp Hydroelectric Water Right to
an instream water right would occur, If no side agreement is reached, these issues shall be
addressed in the normal course of events, as directed by ORS 543A.305.
4.4 Dis~osition of Lands
4.4,Designation of Grantee: Conveyance of Lands. PacifiCorp shall convey its
interest in the Subject Lands, specifically described in Appendix D to this Agreement, to a
creditworthy entity or entities (the "Grantee ) mutually agreeable to NMFS, USFWS, ODFW
CTWS, AR, and HRWG (collectively, the "Lands Stakeholders ), in consultation with Hood
River Valley Parks and Recreation District and Hood River County Parks and Buildings
Department, and identified in a written notice to PacifiCorp signed by an authorized
representative of each ofthe Lands Stakeholders; provided, however, that the notice identifying
the Grantee must be received by PacifiCorp, ifat all, on or before February 29,2012; and
provided further that PacifiCorp shall have the right to reserve from the Subject Lands an
exclusive, perpetual easement, in form satisfactory to PacifiCorp, to enable PacifiCorp and its
successors and assigns to access, operate, maintain, upgrade, enclose with fencing or other
Powerdale Hydroelectric Protect Settlement Agreement
materials, and/or remove, as PacifiCorp deems appropriate: the switch room, powerhouse
associated electrical assets and other transmission and distribution facilities. If the identification
is timely made, PacifiCorp shall convey the Subject Lands at a closing (the "Closing ) that will
occur on or before the later to occur of March 1 2012 (the day after the Project license expires)
or 30 days after the identification is made. IfPacifiCorp does not receive the notice designating
the Grantee on or before February 29,2012, then beginning March 1, 2012, PacifiCorp shall be
free, at its sole discretion, to retain or dispose of the Subject Lands as it sees fit. The boundaries
ofthe Subject lands may be modified before Closing, upon unanimous written agreement among
PacifiCorp and the Lands Stakeholders in consultation with Hood River Valley Parks and
Recreation District and Hood River County Parks and Buildings Department, to reflect and
incorporate any transfer to Jenny Copper of a portion of parcel PPNo, ORHR -0019 and any
acquisition by PacifiCorp of Jenny Cqpper s property at Tax Lot # 300, as further described in
Appendix E.
4.4,Responsibilities and Liabilities. Any conveyance oflands pursuant to
Section 4,1 shall be "AS IS"; and the Grantee shall be responsible and liable for the Subject
Lands and any structures remaining on the Subject Lands. The Grantee shall countersign and
acknowledge the deed or deeds by which the Subject Lands are conveyed, and shall in such deed
or deeds expressly agree to defend, indemnify and hold PacifiCorp harmless for any liability
arising from the Subject Lands or any structures remaining on the Subject Lands, whether such
liability arises before or after the conveyance date. In addition, the deed or deeds shall be a
bargain and sale deed or deeds without any representation or warranty concerning the condition
of title to the Subject Lands (it being understood that the Grantee shan look exclusively to title
insurance, which shall be obtained at Grantee s expense, for satisfaction concerning title to the
Subject Lands), Although PacifiCorp shall not otherwise be required to cure any title condition
affecting the Subject Lands, it shall cause the Subject Lands to be released from PacifiCorp
blanket mortgage before the Subject Lands are conveyed to the Grantee. The Closing will take
place in escrow at the offices of a title company selected by Grantee and identified to PacifiCorpat least 20 days before the Closing is to occur,
4.4.3 Purpose of Conveyance, The Parties intend that one or more Lands Stakeholders
shall be responsible for causing the Grantee to execute, acknowledge and deliver a perpetual
conservation easement in the form attached as Exhibit 4 (the "Conservation Easement") into
escrow at the Closing. The form and terms of the Conservation Easement may be modified
before Closing, upon unanimous written agreement by the parties to the Conservation Easement
in consultation with the Lands Stakeholders; provided, that the purpose of the Conservation
Easement shall be to achieve the following: (i) Protection of existing fish and wildlife habitat
while allowing for habitat restoration and enhancement; (ii) Retention of existing recreational
uses while allowing improvements commensurate with those uses, provided such uses and
improvements are consistent with protection, restoration and enhancement offish and wildlife
habitat; (iii) Expanded recreational and educational opportunities, provided such uses are
consistent with protection, restoration and enhancement of fish and wildlife habitat; and
(iv) Acknowledgement and preservation of the right ofCTWS tribal members to exercise their
Treaty-secured off-reservation fishing rights on the Subject Lands by utilizing the Subject Lands
to access usual and accustomed fishing sites; and provided further, that the tenns ofthe
Powerdale Hydroelectric Proiect Settlement Agreement
Conservation Easement shall allow the continuation and renewal of those existing uses and
encumbrances listed in Appendix E. To facilitate this process, PacifiCorp shall submit escrow
instructions at Closing that will instruct the title company to deliver the deed conveying the
Subject Lands to the Grantee only when the Grantee has executed, acknowledged and
unconditionally delivered the Conservation Easement into escrow, In no event shall PacifiCorp
be responsible for addressing the Grantee s failure or refusal to execute, acknowledge and deliver
the Conservation Easement. If the conveyance of the Subject Lands cannot be closed on or
before March 31, 2012 because of the Grantee s failure or refusal to execute, acknowledge and
deliver the Conservation Easement or to otherwise close the transaction, then beginning April 1,
2012, PacifiCorp shall be free, at its sole discretion, to retain or dispose of the Subject Lands as it
sees fit.
4.4.Establishment of Maintenance Fund.
4.4.4,Establishment of Trust Fund. Upon PacifiCorp s conveyance ofthe
Subject Lands in accordance with Section 4.4., PacifiCorp shall place $154 500
(escalated as provided below) in trust, the interest of which shall be used by the Grantee
for maintenance of the Subject Lands (the "Maintenance Fund"), The contribution to the
Maintenance Fund shall be escalated by a percentage equal to any increase in the
Consumer Price Index published by the United States Bureau of Labor Statistics of the
, United States Department of Labor. Comparisons shall be made using the index entitled
US City Average - All Items and Major Group Figures for all Urban Consumers, (1982
, 1984 = 100), or the nearest comparable data on changes in the cost ofliving if such index
is no longer published. The change shall bedetennined by comparison of the figure for
March of 2003, with that announced most recently before the date of the contribution~ In
no event, however, shall the amount of the maintenance fund be reduced below $154 500.
PacifiCorp and the Grantee shall use commercially reasonable efforts to create and fund
the trust and distribute interest from the trust in a manner that will maximize any
deductions and other tax benefits available to PacifiCorp under applicable law, At the
Closing of the conveyance, PacifiCorp and the Grantee shall execute and deliver such
instruments as may be reasonably required to enable Grantee to use only the interest and
not the principal of the sum placed in trust, and to make sure that funds in the trust are
invested in an appropriate manner to facilitate the ongoing maintenance of the Subject
Lands.
4.4.4.Alternative Funding. The Parties recognize that the Grantee identified
may be a 26 U,C. ~ 501 (c)(3) non-profit entity whose stated purpose is land
conservation, In that event, PacifiCorp shall transfer the principal amount of the
Maintenance Fund, calculated in accordance with Section 4.4.4,, to Grantee to be placed
in a dedicated account for maintenance ofthe Subject Lands in lieu of establishing a trust
fund for that purpose, PacifiCorp and the Grantee shall use commercially reasonable
efforts to transfer the funds in a manner that will maximize any deductions and other tax
benefits available to PacifiCorp under applicable law.
Powerdale Hydroelectric Project Settlement Agreement
SECTION 5: EARLY CESSATION OF GENERATION; EARLY DECOMMISSIONING
Early Cessation of Generation. IfPacifiCorp determines at its sole discretion at any time
prior to decommissioning that, due to a catastrophic event that affects the Project, continued
operation of the Project would be uneconomic, PacifiCorp may cease generating power at the
Project. Upon cessation of generation, ifPacifiCorp decides to pass all water less the amount
required to compensate for leakage, PacifiCorp shall not be required to implement the PM&E
measures set forth in Sections 3,2 through 3,9, except for 3,6, In addition, PacifiCorp shall
continue to share information generated prior to and after ceasing power generation pursuant to
Section 3., but Section 3,13 shall not be interpreted as requiring the continued creation of data
or other infonnation pursuant to measures no longer being implemented. PacifiCorp shall notify
the Parties within 30 days after a deci~ion to cease power generation pursuant to this Section 5,
PacifiCorp s decision to cease power generation and associated PM&E measures is subject only
to any necessary FERC approval. The Parties shall not object to PacifiCorp s decision to cease
power generation.
Actions After Ceasing Generation
Remaining Operation and Maintenance Issues. After ceasing generation pursuant
to this Section, PacifiCorp shall maintain remaining Project facilities as necessary to avoid the
creation of environmental and human health and safety hazards until such facilities are removed.
In addition, within 15 days of providing notice to the Parties of a decision to cease power
generation, PacifiCorp shall consult with NMFS, USFWS, ODFW, ODEQ and CTWS regarding
its continued operation of the Project consistently with Sections 5,, 5.2 and 5.3,
Provision of Flows to Support Fish Sorting and Tra?ping Facility. During the first
year after providing notice pursuant to Section 5,, PacifiCorp shall continue to operate the dam
in a manner that maintains sufficient water surface elevation upstream of the dam to allow
operation ofthe Fish Trapping Facility. After the first year, PacifiCorp shall continue to operate
the dam in such a manner provided that PacifiCorp is reimbursed for the costs of such operations,
If at any time after the first year PacifiCorp is not reimbursed for such operations, PacifiCorp
shall, at its sole discretion but after consultation with the Parties, either: (a) continue to operate
the dam as described in the first sentence of this Section 5.2 until decommissioning begins in
accordance with Section 4.1 and Appendix A, Table B; or (b) continue to operate the dam as
described in the first sentence of this Section 5,2 until the beginning ofthe next season during
which PacifiCorp can commence early decommissioning of the Project in accordance with
Section 5.3 below, A decision to continue to operate the dam pursuant to subsection (a) of this
Section shall not restrict PacifiCorp from choosing to decommission early in accordance with
subsection (b) of this Section at some later time,
5.3 Early Decommissioning. Upon ceasing generation in accordance with Section 5,
PacifiCorp may, at its discretion, perform the decommissioning actions and their associated
PM&E measures set forth in Section 4.1 and Appendix B prior to the time designated for such
actions in Appendix A, Table B. Notwithstanding the previous sentence, PacifiCorp shall not
remove the dam or other structures necessary to facilitate operation ofthe Fish Trapping Facility
Powerdale Hydroelectric Project Settlement Agreement
until such operation is no longer required pursuant to Section 5.2. In addition, should
PacifiCorp cease generation pursuant to Section 5.1 and should operation of the Fish Trapping
Facility pennanently discontinue for any reason, PacifiCorp shall use its reasonable best efforts
to pursue early decommissioning of the Project. PacifiCorp shan notify the Parties at least
60 days prior to any early decommissioning action. PacifiCorp shall consult with the Parties
regarding implementation ofthe early decommissioning action and any associated PM&E
measures, prior to their implementation,
SECTION 6: IMPLEMENTATION OF AGREEMENT
Parties Bound. Except as provided in Section 6., the Parties shan be bound by this
Agreement until the Agreement is terminated in accordance with Section 6.15, unless this
Agreement is sooner terminated as provided in Section 6.17, Sections 1,, 6.18 and 7A of this
Agreement shall survive any such tennination.
Inconsistent Actions Before FERC Order., following the Effective Date and prior to
the FERC Order: (i) any Section 401 Certification, TMDL, final ESA biological opinion, final
order pursuant to ORS 509,585 , or other necessary authorization is denied or issued with
conditions that conflict with, add to, omit or are othelWise inconsistent with the measures
required by this Agreement and specifically Sections 3, 4 or 5 or Exhibit 1 ofthis Agreement; or
(ii) any Party advocates to FERC or in any other forum the imposition of measures that conflict
with, add to, omit or are otherwise inconsistent with the measures required by Sections 3, 4 or 5
or Exhibit 1 oftms Agreement; then this Agreement shall be deemed modified to include such
conditions or recommended measures, as finally imposed by FERC or other agency, unless any
Party (a) provides notice to the other Parties that it objects to the imposition of such measures
within 30 days after the Party has actual knowledge ofthe occurrence of the imposition of such
measures; and (b) initiates the Alternative Dispute Resolution Procedures set forth in Section
14 of this Agreement ("ADR Procedures ). Any Party may also seek rehearing or appeal as
provided in Section 6,6 of this Agreement, and such request for rehearing or appeal shall
constitute notice to the other Parties of the dispute. If, after completion of ADR Procedures one
or more ofthe imposed measures continues to conflict with, add to, omit or otherwise remain
inconsistent with the measures required by this Agreement and specifically Sections 3, 4 or 5 or
Exhibit 1 of this Agreement, the Party or Parties that objected to an event listed above may,
within 60 days after completion of ADR Procedures, withdraw from this Agreement.
6.3 FERC Order,
6.3.FERC Order Inconsistent with This Agreement. If any interim operation or
decommissioning activity or PM&E measure, either as initially approved by FERC or following
conclusion of any rehearing or appeals, contains any measure that conflicts with, adds to, or
omits the measures set forth in Sections 3, 4., 4.2 or 5 or Exhibit 1 of this Agreement, or is
otherwise inconsistent with this Agreement, this Agreement shall be deemed modified to
confonn to the inconsistency, unless a Party provides notice to the other Parties that it objects to
the inconsistency and initiates ADR Procedures within 30 days after the date ofthe FERC Order
or the conclusion of any rehearing or appeals, as appropri ate, If the disputing Party or Parties
Powerdale Hvdroe1ectric Proiect Settlement Agreement
seek rehearing or appeal as provided in Section 6,, such Party's request for rehearing or appeal
shall constitute notice to the other Parties of the dispute. If, after completion of ADR
Procedures, any interim operation or decommissioning activity or PM&E measure continues to
conflict with, add to, or omit measures required by Sections 3, 4,, 4,2 or 5 or Exhibit 1 of this
Agreement, or is otherwise inconsistent with this Agreement, the Party or Parties that objected to
the inconsistency may, within 60 days after completion of ADR Procedures, withdraw from this
Agreement. The Parties reserve any remedies under applicable law to enforce measures required
under this Agreement but omitted or altered by FERC (or after appeals), if disputed under this
Section.
Rejection of Inconsistent FERC Order or Inconsistent Final FERC Order.
PacifiCorp withdraws from this Agreement in accordance with Section 6.3.1 as the result of an
inconsistent FERC Order or inconsistent Final FERC Order and this Agreement is therefore
terminated pursuant to Section 6.17, the Parties intend that PacifiCorp shall be allowed to reject
the inconsistent FERC Order or inconsistent Final FERC Order and that PacifiCorp shall not be
required to withdraw its pending license application,
6.3.Acceptance of Consistent Final FERC Order.If the Final FERC Order is '
consistent with this Agreement, PacifiCorp shall accept the Final FERC Order, Upon receipt and
acceptance byPacifiCorp of the Final FERC Order, PacifiCorp shall file a withdrawal of its
pending license application.
Reopeners and Modification. After the FERC Order, the Parties may not seek measures
that conflict with, add to, omit or are otherwise inconsistent with the measures required by this
Agreement and specifically Sections 3 4 or 5 or Exhibit 1 of this Agreement pursuant to standard
FERC reopener provisions or other authorities except: (i) as provided pursuant to Sections 1,
3, 2.3 and 6.8; (ii) as required by statutes or regulations enacted or amended after the date
of the FERC Order; or (iii) in the event of materially-changed factual circumstances or material
facts not known or understood at the time of the FERC Order, Ifa Party seeks inconsistent
measures in accordance with (i), (ii), or (iii) above, the acting Party shall provide the other
Parties at least 60 days' notice to consider the acting Party s position, A Party shall not be
required to comply with this 60-day-notice provision if it believes an emergency situation exists
or ifrequired to meet its responsibilities under a statute or regulation enacted or amended after
the date of the FERC Order. Ira Party imposes or otherwise succeeds in requiring measures that
conflict with, add to, omit or are otherwise inconsistent with the measures required by this
Agreement and specifically Sections 3, 4 or 5 or Exhibit 1 ofthis Agreement pursuant to
subsections (i), (ii) or (iii) above or by any other means, any Party or Parties may object and
respond in accordance with Section 6.5 below,
Response to Modifications. If, after the FERC Order, any Party or non-Party action
including FERC action, ODEQ 401 Certification action, or other agency action, results in a
change to interim operation or decommissioning of the Project that conflicts with, adds to, omits
or is otherwise inconsistent with the measures required by this Agreement and specifically
Sections 3, 4 or 5 or Exhibit 1 of this Agreement, this Agreement shall be deemed modified to
conform to the inconsistency, unless a Party gives notice that it objects to the inconsistency and
Powerdale Hydroelectric Proiect Settlement Agreement
initiates ADR Procedures. A Party may also seek rehearing or appeal of such action as provided
in Section 6.6 below, and any such request for rehearing or appeal shall constitute notice to the
other Parties of the dispute, If, after conclusion of ADR Procedures, any interim operation or
decommissioning activity or PM&E measure continues to conflict with, add to, omit or otherwise
remain inconsistent with the measures required by this Agreement and specifically Sections 3, 4
or 5 or Exhibit I of this Agreement, the Party or Parties that objected to the inconsistency may,
within 60 days after completion of ADR Procedures, withdraw from this Agreement. The Parties
reserve any remedies under applicable law to enforce measures required under this Agreement
but modified, if disputed under this Section,
Review of Governmental Actions. To the extent provided by applicable law, any Party
may request rehearing of or appeal any act or omission by FERC, a Governmental Party, or a
governmental agency which is not a Party, and which act or omission conflicts with, adds to,
omits measures required by this Agreement, or is otherwise inconsistent with this Agreement.
The ADR Procedures and the timelines established by Section 6 shall neither preclude PacifiCorp
from timely rejecting a FERC Order or Final FERC Order that is inconsistent with this
Agreement nor preclude any Party from timely filing for and pursuing rehearing under 18 C,
~ 385,713 or other agency s applicable rules, or judicial review, of the inconsistent action,
However, the Parties shall follow ADR Procedures to the extent reasonably practicable prior to
rejection ofthe FERC Order or Final FERC Order by PacifiCorp or while any rehearing or appeal
of an inconsistent FERC Order is being pursued. If a Party has filed for administrative rehearing
or judicial review of any action that conflicts with, adds to, omits or is otherwise inconsistent
with the measures required by this Agreement, and the Parties subsequently agree to modify this
Agreement to conform to the inconsistent action, the filing Party or Parties shall withdraw the
request for rehearing or appeal, or recommend such withdrawal, as appropriate,
PacifiCorp Fails to Perform. IfPacifiCorp fails to perform any provision of this
Agreement, whether or not the provision is included in the FERC Order, and such failure is not
excused by force majeure, a Party may give PacifiCorp notice and an opportunity to cure within
30 days of such notice, IfPacifiCorp fails to cure the problem within that period, or if such
failure is not curable within 30 days and PacifiCorp has not commenced a cure within that period
and diligently completed such cure, any Party who objects to such failure to perform may give
notice to the other Parties and commence ADR Procedures. In addition, the aggrieved Party or
Parties may petition FERC to enforce such provision, if appropriate, or may pursue the remedies
of mandamus or specific performance, if applicable, If, after any applicable remedies at FERC
are exhausted, FERC (i) does not enforce the provision; (ii) does not construe the disputed
portion of the Agreement against the complaining Party; and (iii) PacifiCorp fails to perform the
provision, then any Party other than PacifiCorp may withdraw from this Agreement. In addition
the Parties reserve any remedies under applicable law to enforce the measures contained in this
Agreement but not performed by PacifiCorp. If a Party has exhausted remedies at FERC and
then seeks judicial review of the same dispute, then that Party may still withdraw from the
Agreement at any time in accordance with subsections (i) through (iii) above, exceptthat the
complaining Party may not withdraw ifthe reviewing court determines that PacifiCorp is in
compliance with the disputed portion of the Agreement.
Powerdale Hydroelectric Project Settlement Agreement
Reinitiation ofESA Consultation.Should any species that may be affected by the Project
become listed as threatened or endangered or other event requiring reinitiation ofESA Section
7(a)(2) consultation pursuant to 50 C,R. ~ 402.16 occur after the FERC Order and before
termination of this Agreement pursuant to Section 6,, USFWS or NMFS may, if necessary to
comply with their mandates under the ESA, seek reinitiation of consultation with FERC, Should
consultation under ESA section 7(a)(2) result in the imposition of measures that conflict with
add to, omit or are otherwise inconsistent with the measures required by this Agreement and
specifically Sections 3, 4 or 5 or Exhibit 1 of this Agreement, this Agreement shall be deemed
modified to confonn to the inconsistency unless a Party gives notice that it objects to the
inconsistency and initiates ADR Procedures. If, after conclusion of ADR Procedures, any
interim operation or decommissioning activity or PM&E measure continues to conflict with, add
, omit or otherwise remain inconsistent with the measures required by this Agreement and
specifically Sections 3, 4 or 5 or Exhibit 1 of this Agreement, the Party or Parties that objected to
the inconsistency may, within 60 days after completion of ADR Procedures, withdraw from this
Agreement.
Responsibility for Costs, PacifiCorp shall pay for the cost of actions required of
PacifiCorp by this Agreement and the Final FERC Order. PacifiCorp shall have no obligation to
reimburse or otherwise pay any other Party for its assistance, participation, or cooperation in any
activities pursuant to this Agreement, except as required by law,
10 State Ratemaking Proceedings. The Parties agree that the Agreement is fair and
reasonable and in the public interest, and will support this Agreement for purposes of
PacifiCorp s planned decommissioning cost recovery application before each state regulatory
commission that has ratemaking authority, Upon request ofPacifiCorp at least 30 days prior to
the deadline for such comments, each Party shall use its reasonable best efforts to submit
appropriate general letters of support of this Agreement within their areas of expertise.
6.11 PacifiCorp Solely Responsible for Operations of Project.By entering into this
Agreement, none of the Parties, except for PacifiCorp, have accepted any legal liability or
responsibility for the operation and decommissioning of the Project.
12 Availability of Funds. Implementation of this Agreement by a Party that is a federal
agency is subject to the requirements of the Anti-Deficiency Act, 31 U,C. ~~ 1341-1519, and
the availability of appropriated funds. Nothing in this Agreement is intended or shall be
construed to require the obligation, appropriation, or expenditure of any money from the
S. Treasury. The Parties acknowledge that the Governmental Parties that are federal agencies
shall not be required under this Agreement to expend any federal agency s appropriated funds
unless and until an authorized official of each such agency affinnatively acts to commit such
expenditures, as evidenced in writing. Implementation of this Agreement by Governmental
Parties that are state agencies is subject to the availability of appropriated funds. Nothing in this
Agreement is intended or shall be construed to require the obligation, appropriation, or
expenditure of any money from the Treasury of the State of Oregon. The Parties acknowledge
that the Governmental Parties that are state agencies shall not be required under this Agreement
to expend any appropriated funds unless and until an authorized official of each such agency
Powerdale Hvdrodectric Proiect Settlement Agreement
affinnatively acts to commit such expenditures, as evidenced in writing. Implementation of this
Agreement by CTWS is subject to the availability of appropriated funds, Nothing in this
Agreement is intended or shall be construed to require the obligation, appropriation, or
expenditure of any money from CTWS.
Amendment of Agreement.
13.General.This Agreement may be amended at any time during the extended
license tenn or implementation of the decommissioning measures set forth in Section 4 and
Appendix B of this Agreement, with the unanimous agreement of all Parties. This Agreement
may also be amended before the FERC Order, upon the Parties' unanimous written agreement
provided the Parties first consult regarding the effect of any such amendment on the pending
FERC Order, Any amendment of this Agreement shall be in writing and executed by all Parties
still in existence, or their successors and assigns, if applicable. As appropriate, the Parties shall
submit a statement to FERC in support of the amendment.
13.Alternate Measures. The Parties agree that, should a change in circumstances so
warrant, the Parties will consult to determine whether alternate measures would meet the intent
ofthis Agreement and could be substituted for measures in this Agreement. At the Parties
discretion, and subject to necessary approvals, such alternate measures may be adopted pursuant
to Section 6.13.
Alternative Dispute Resolution
14.General.Except to the extent that FERC or another agency with jurisdiction over
the Project has a procedure that precludes implementation of Section 6.14,1 though 6.14.3, all
disputes among the Parties regarding the obligations of the Parties under this Agreement shall, at
the request of any Party, be the subject of nonbinding ADR Procedures among the disputing
Parties, Each Party shall cooperate in good faith to promptly schedule, attend, and participate in
ADR Procedures. The Parties agree to devote such time, resources, and attention to ADR
Procedures as are needed to attempt to resolve the dispute at the earliest time possible, Each
Party shall implement promptly all final agreements reached, consistent with its applicable
statutory and regulatory responsibilities. Nothing in Sections 6.14.1 through 6.14.3 is intended
or shall be construed to affect or limit the authority of FERC, the Governmental Parties, or other
agency with jurisdiction over the Project to resolve a dispute brought before it in accordance with
its own procedure and applicable law, or is intended or shall be construed to alter the statute of
limitations or other requirements for administration or judicial review of any action. ADR
Procedures shall not preclude PacifiCorp from timely rej ecting a FERC Order or Final FERC
Order that is inconsistent with the Agreement nor prevent any Party from timely filing forand
pursuing rehearing under 18 C.R. ~ 385.713 or other agency s applicable rules, or judicial
review, of an action that is inconsistent with the Agreement. However, the Parties shall follow
ADR Procedures to the extent reasonably practicable prior to rejection of the FERC Order or
FERC Final Order by PacifiCorp or while any rehearing or appeal of an inconsistent FERC Order
is pursued.
Powerdale Hydroelectric Proiect Settlement Agreement
14,2 ADR Procedures.
14.General.Unless otherwise agreed among the Parties, each Party shall
bear its costs for its own participation in ADR Procedures. Pending resolution of any
dispute under these ADR Procedures, and subject to the authority ofFERC or other
agency with jurisdiction to order otherwise, PacifiCorp shall continue operating or
decommissioning the Project in accordance with this Agreement and any FERC Order,
except to the extent that such operations or decommissioning actions may be directly
affected by the results of such ADR Procedures and ceasing such actions will not violate
the FERC Order, a Permit, or any other law or regulation.
14.Notice of Dispute, A Party claiming a dispute shall give notice of the
dispute within 30 days of the Party's actual knowledge ofthe act, event, or omission that
gives rise to the dispute, unless this Agreement provides otherwise. Notification under
Section 7.9 ofthis Agreement, when effective, shall constitute actual knowledge, Service
of process on a Party's registered agent shall also constitute actual knowledge.
14.2.3 Meeting of the Parties.In any dispute subject to these ADR
Procedures, the Parties shall hold two informal meetings within 30 days after notice, or as
soon as practicable thereafter, to attempt to resolve the disputed issue or issues, Within
15 days after the second meeting or any scheduled meeting thereafter, any Party still
disputing the issue or issues shall notify the other Parties that the informal meetings failed
to resolve the dispute and may request mediation (a "mediation request"), If a mediation
request is not so provided, ADR Procedures will be considered complete.
14,2.4 Mediation. Upon receiving a mediation request, the Parties may
attempt to resolve the dispute using a neutral mediator agreeable to the Parties, If, within
15 days after receiving a mediation request, all disputing Parties have not agreed to
mediate the dispute, ADR Procedures shall be considered complete,
14.Enforcement of Agreement After ADR Procedures. Any Party may seek specific
performance of this Agreement by any other Party, before FERC or in a court of competent
jurisdiction, after compliance with ADR Procedures. No Party shall be liable in damages for any
breach of this Agreement, any performance or failure to perform a mandatory or discretionary
obligation imposed by this Agreement, or any other cause of action arising from this Agreement
except that a Party may seek monetary penalties under applicable law, Nothing in Sections
14.1 through 6,14.3 is intended or shall be construed to affect or limit the jurisdiction of any
agency or court as established under applicable law,
6.15 Completion of Decommissioning Measures.Upon completion of the decommissioning
and associated PM&E measures set forth in Sections 4.1 and 4.2 and Appendix B, PacifiCorp
shall notify the Parties that it has completed decommissioning. Upon request, PacifiCorp shall
provide reasonable supporting documentation and/or site access as may be necessary for the
Parties to verify completion of such actions. Should any Party dispute PacifiCorp s completion
of actions required by Sections 4.1 and 4.2 and Appendix B, the Party shall consult with
Powerdale Hydroelectric Project Settlement Agreement
PacifiCorp and attempt to resolve the dispute, and may initiate ADR Procedures set forth at
Section 6.14, After completion of any ADR Procedures, any Party who reasonably believes that
decommissioning and/or associated PM&E measures have not been completed in accordance
with this Agreement may petition FERC to enforce the Final FERC Order and/or the Agreement
if appropriate, or may pursue remedies under applicable law or the remedies of mandamus or
specific perfonnance, if applicable. If no Party initiates ADR Procedures within 30 days of
PacifiCorp s notification of completion pursuant to this Section, this Agreement shall be
considered unanimously terminated by the Parties. Nothing in this Section is intended or shall be
construed to prevent PacifiCorp from notifying and requesting any necessary approval from
FERC that all measures required by the Final FERC Order have been completed, PacifiCorp
shall notifY the Parties at least 30 days prior to seeking any such FERC approval if the
Agreement has not yet been terminated,
6.16 Withdrawal ITom Agreement.
16,Withdrawal of a Party ITom Agreement.A Party may withdraw from this
Agreement only as expressly provided in this Agreement. In addition, if a Party ceases to exist
and has no successors or assigns, it shall be treated as having withdrawn,
16,Method of Withdrawal.A Party may exercise its right to withdraw ITom this
Agreement by providing 60 days' advance notice to the other Parties,
16,Continuity After Withdrawal.The withdrawal of a Party does not terminate this
Agreement for the remaining Parties. However, if any Party withdraws, any other Party may
elect to withdraw without further ADR Procedures, after providing notice within 60 days ofthe
withdrawal of the other Party. If a Party withdraws from this Agreement, the withdrawing Party
shall not be bound by any term contained in this Agreement, except as provided in Sections 1.3,
18 and 7.4 or except as might be established through action for specific perfonnance or
mandamus.
17 Termination of Agreement. This Agreement may be tenninated by unanimous written
agreement of the Parties, by withdrawal of all Parties, or by unanimous tennination as set forth in
Section 6,15 of this Agreement. In addition, without affecting actions for specific perfonnance
or mandamus, if applicable, the withdrawal ofPacifiCorp pursuant to Section 6.16,1 shall
tenninate this Agreement.
18 Survival of Interim PM&E Measures. Ifthis Agreement terminates pursuant to
Section 6.17 because of the withdrawal ofPacifiCorp pursuant to Section 6,3, then PacifiCorp
obligation to perfonn the following PM&E measures, and provisions regarding implementation
ofPM&E measures, shall survive termination, up to and through the time of resolution ofthe
pending FERC relicensing of the Project in FERC Docket No. P-2659-011, including the
rehearing and appeal, if any, of a FERC order on relicensing: Sections 3.1, 3,2.3, 3.2.4, 3.3.
3.4,3.3., 3.11 , 3,12 (except 3,12(iv), (a), and (b)),
Powerdale Hydroelectric Project Settlement Agreement
13.1,6.12, 7.3, and 7.4, In addition, PacifiCorp shall not be required to make capital
improvements but shall continue to maintain the fish ladder auxiliary attraction water bar rack
within the ladder sufficiently free of debris to allow adequate attraction flows.
SECTION 7: GENERAL PROVISIONS
No Third-Party Beneficiaries. Without limiting the applicability of rights granted to the
public pursuant to applicable law, this Agreement shall not create any right or interest in the
public, or any member of the public, as a third-party beneficiary ofthis Agreement and shall not
authorize any non-Party to maintain a suit at law or equity pursuant to this Agreement. The
duties, obligations, and responsibilities of the Parties with respect to third parties shall remain as
imposed under applicable law.
Successors and Assigns, This Agreement shall apply to and be binding on the Parties and
their successors and approved assigns. Upon completion ofa succession or assignment, the
initial Party shall no longer be a Party to this Agreement, but shall remain secondarily liable for
the performance of the assignee. No change in ownership of the Project or transfer of the Project
license by PacifiCorp shall in any way modify or othelWise affect any other Party s interests
rights, responsibilities, or obligations under this Agreement. Unless prohibited by applicable
law, PacifiCorp shall provide in any transaction for a change in ownership ofthe Project or
transfer of the Project license that such new owner or owners shall be bound by and shall assume
the rights and obligations of this Agreement and the FERC Order upon completion of the change
of ownership and any requisite FERC approval. A transferring or assigning Party shall provide
notice to the other Parties at least 60 days prior to completing such transfer or assignment.
Failure to Perform Due to Force Maieure
Declaration of Force Maieure. No Party shall be liable to any other Party for
breach ofthis Agreement as a result of a failure to perform or for delay in performance of any
provision of this Agreement if such performance is delayed or prevented by force majeure. The
term "force majeure" means any cause reasonably beyond the affected Party's control, whether
unforeseen, foreseen, foreseeable, or unforeseeable, and without the fault or negligence of the
affected Party. Force majeure may include, but is not limited to, natural events, labor or civil
disruption, breakdown or failure of Proj ect works, orders of any court or agency having
jurisdiction of the Party's actions, delay in the FERC Order, or delay in issuance of any required
permit. Increased cost for the performance of any interim operation or decommissioning
measure, or change in market conditions for the sale of electricity, shall not be deemed to
constitute force majeure, provided that PacifiCorp shall not be obligated to perform measures
other than those commitments specified in this Agreement. The Party whose performance is
affected by force majeure shall notify the other Parties in writing within 24 hours after becoming
aware ofthe Party's inability to perform due to a force majeure. Such notice shall identify the
event causing the delay or anticipated delay, estimate the anticipated length of delay, state the
measures taken or to be taken to minimize the delay, and estimate the timetable for
implementation of delayed measures. The affected Party shall make all reasonable efforts to
promptly resume performance of this Agreement and, when able, to resume performance of its
Powerdale Hydroelectric Project Settlement Agreement
obligations and give the other Parties written notice to that effect. NMFS and USFWS do not
intend to analyze or authorize the "take" of any ESA-listed species under its jurisdiction caused
by the Project due to a force majeure event.
Emergency Consultation with NMFS and USFWS. IfPacifiCorp is unable to
perform any obligation pursuant to any provision of this Agreement as a result of force majeure
and NMFS or USFWS requests reinitiation of consultation consistently with 50 C,R, 9 402,
PacifiCorp shall cooperate in such reinitiation of consultation in order to minimize the effect of
any incidental take associated with the inability to perform due to the force majeure event.
USFWS or NMFS may, if necessary to comply with their mandates under the ESA with respect
to a newly-listed species, petition FERC to reopen the Project license, Should reinitiation of
consultation under ESA section 7 be required and result in the imposition of measures that
conflict with, add to, omit or are othelWise inconsistent with the measures required by this
Agreement and specifically Sections 3, 4 or 5 or Exhibit 1 ofthis Agreement, the effect of such
inconsistency on this Agreement shall be addressed in accordance with Section 6,14,
Duration of Force Maieure. IfPacifiCorp s inability to perform any obligation
pursuant to any provision ofthis Agreement continues or is reasonably anticipated to continue for
more than 180 days due to force majeure, any Party other than PacifiCorp may withdraw :trom
this Agreement, and any Party that withdraws from this Agreement may pursue any other remedy
available under applicable law. If any Party withdraws from this Agreement pursuant to this
Section 7.3, PacifiCorp may oppose the assertion of such other remedy or authority that Party
seeks to assert under any applicable law or notify FERC that PacifiCorp has withdrawn from this
Agreement and may seek such further FERC action as PacifiCorp in its sole discretion deemsappropriate.
7.4 Indemnification and Hold Harmless. PacifiCorp shall indemnify and hold harmless each
of the Parties to this Agreement and their respective boards, commissions, officers, employees
and agents regarding any claims or liabilities for property damage or personal injury arising :trom
interim operation or decommissioning activities undertaken prior to the completion of
decommissioning by PacifiCorp or its employees, officers, agents or contractors,
Elected Officials Not to Benefit.No member of or delegate to Congress shall be entitled
to any share or part of this Agreement or to any benefit that may arise :trom it.
No Partnership. Except as othelWise expressly set forth herein, this Agreement does not
and shall not be deemed to, make any Party the agent for or partner of any other Party.
Preservation of Treatv Rights. Nothing in this Agreement shall be construed to impair
limit or in any way modify the off-reservation treaty rights, including fishing, hunting and
gathering rights, reserved to the CTWS pursuant to the Treaty with the Tribes of Middle Oregon
June 25, 1855, 12 Stat. 963.
Powerdale Hydroelectric Project Settlement Agreement
Reference to Statutes or Regulations. Any reference in this Agreement to any federal or
state statute or regulation shall be deemed to be a reference to such statute or regulation or
successor statute or regulation in existence as of the date of the action.
Notice. Any notice required by this Agreement shall be written. Notice shall be sent by
first-class mail or comparable method of distribution to the authorized representative of each
Party, or a Party's successor or assign if applicable. For the purpose of this Agreement, a notice
shall be effective three days after the date on which it is mailed or otherwise distributed. The
authorized representative of each Party as of the Effective Date is designated in Appendix C,
attached to and incorporated by reference into this Agreement. Each Party is responsible for
providing notice to the other Parties of any change in its authorized representative designated in
Appendix C. When sending notice pursuant to this Section, each Party shall also send a copy of
the notice to the person or persons de~ignated under "with copy to" in Appendix C,
10 Section Titles for Convenience Only. The titles ofthe sections in this Agreement are
used only for convenience of reference and organization, and shall not be used to modify,
explain, or interpret any of the provisions of this Agreement or the intentions of the Parties,
Reference to a given section of this Agreement shall be deemed to include all subsections of that
section,
11 Entire Agreement, This Agreement sets forth the entire agreement and processes to be
followed by Parties with regard to the environmental, historical, cultural, public recreation
fishery, wildlife, water quality, land management, operational, and related measures, including all
PM&E measures, relating to the interim operation and decommissioning of the Project,
SECTION 8: EXECUTION OF AGREEMENT
Shmatorv Authority. Each signatory to this Agreement certifies that he or she is
authorized to execute this Agreement and to legally bind the Party he or she represents, and that
such Party shall be fully bound by the terms hereof upon such signature without any further act
approval, or authorization by such Party.
Signing in Counterparts. This Agreement may be executed in any number of
counterparts, and each executed counterpart shall have the same force and effect as an original
instrument as if all the signatory Parties to all of the counterparts had signed the same instrument.
Any signature page of this Agreement may be detached from any counterpart of this Agreement
without impairing the legal effect of any signatures, and may be attached to another counterpart
of this Agreement identical in form having attached it to one or more signature pages.
Powerdale Hydroelectric Project Settlement Agreement
PacifiCorp:
United States Fish and Wildlife Service:
'to ':David B, Allen
Regional Director
(,#1-0date
Oregon Department of Environmental
Quality:
Confederated Tribes of the Warm Springs
Reservation of Oregon:
and Brunoe date
Tribal Council Chairman
Hood River Watershed Group:
el&t0
Chuck Gehling date
Chairman
National Marine Fisheries Service:
l~ D, Robert Lo
1"- Regional Admmistrator
Oregon Department of Fish and Wildlife:
Oregon Water Resources Department:
Paul . Cleary te
Director
American Rivers:
~~
tRflR(E
IN\.. Ann C. Mills ate
"b - Executive Vice President
Powerdale Hydroelectric Project Settlement Agreement
SUPPORTING NON-PARTY
The following entity supports the purpose and effect of the Settlement Agreement Concerning
the Interim Operation and Decommissioning of the Powerdale Hydroelectric Project (FERC No.
2659), This entity is not a Party to or third-party beneficiary under the Settlement Agreement.
Hood River Valley Parks and Recreation District:
&/Ef
Program Coordinator
APPENDIX A
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APPENDIX A - TABLE B I Decommissioning Implementation SchedulePowerdale Hydroelectric Project
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I Times designated in this schedule are subject to early decommissioning pursuant to
Section 5 of the Settlement Agreement.
APPEND IX B
DECOMMISSIONING PLAN
Powerdale Hydroelectric Project
FERC Project No. 2659
Hood River, Oregon
APPENDIX 8 TO SETTLEMENT AGREEMENT
POWERDALE HYDROELECTRIC
PROJECT DECOMMISSIONING PLAN
May 2003
PacifiCorp
Portland , OR
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
TABLE OF CONTENTS
0 DECOMMISSIONING SCENARIO .................................,.......,....,..............,.............
1 DIVERSION DAM .....,..................,.............,..........................,................,...........,
1 Cofferd8Itls.........., ..................,.............................,.......,...........................,..
2 Fish Passage
,........ ............. ....,.........,.........,..,.....,..,....,..... .... .........,......,......
3 Diversion Danl........... ....,..........................,.................,.................,....,.....,..
2 !NT AKE ........,.........
!.... .................,....".......,......,....,.......,.... ......,..,...........,.
..,....... 7
1.3 POWER CANAL, STEEL FLUME AND SAND-SETTLING BASIN .......,....... 7
4 FLOWLINE (pIPE)
....,.".. .... .......".....".......,........,...."............ ,....,......,..............,..
5 FLOWLINE BRIDGE........,...,...
..... .,..,......,....,......,.."...,..,.,..".., ...,....,....,.........,..
6 SURGE TANK ...........,..."......"....."................................,..".."..,.......,,....,....."..,..
7 POWERHOUSE,...,..,....",.......,....."......
..,.....,..,....,....,.......,.......,.....,.. ......,...",..,..
8 SWITCHY ARD ,......,."......."........,.
..,... ..,..,..,..,....,....,....,......, ...,...,...............".....
0 DECOMMISSIONING SCHEDULE...."...,.......",....,.....,.....,..",......,........,....,...."....1 0
0 DECOMMISSIONING PROTECTION, MITIGATION AND ENHANCEMENT
MEASURES ........,
~,....,....,.....,....,..........,...".,',.,.. ........................................ ...,.. .........,......
1 EROSION AND SEDIMENT CONTROL PLAN ,....,....
...........,.......................
2 SEDIMENT AND FlSH PASSAGE MONITDRING; OONI1NGENCY PIAN............. ...
3.3 RARE, THREATENED AND ENDANGERED SPECIES PLAN ......,.......
3.4 REVEGETATION AND MITIGATION PLAN ..,....,......................................11~
5 CULTURAL AND HISTORIC MEMORANDUM OF AGREEMENT ............
6 RECREATION PLAN
......,......... .......... .............................,....... ......... ................
0 DECOMMISSIONING COSTS ....,.............,.......,...................................,...........,......
0 DECOMMISSIONING DRAWINGS
.......... ,.............................................,...............
Page i
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
LIST OF TABLES
Table 1.1, Disposition of project components at decommissioning. ..........,................... 2
Table 4,1, Decommissioning costs, ,....................................,.....................,...............,.. 13
LIST OF FIGURES
Figure 1.1-1. Water bypass and fish passage plan, ,............................,.......................,...... 5
Figure 5,0-1, DaIns and Intake. .............................,..,............,......,.......................,..,........ 15
Figure 5,0-2. Power Canal and Flowline, .........................,.................,..........................., 16
Figure 5.3, Powerhouse and Surge Tank. ......,.........,...........,........................,....,..,....... 17
Page ii
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 265-9
DECOMMISSIONING PLAN FOR PACIFICORP'S POWERDALE
HYDROELECTRIC PROJECT, HOOD RIVER, OREGON
This Decommissioning Plan is part of and governed by the Settlement Agreement among
PacifiCorp, National Marine Fisheries Service (NMFS), V,S, Fish and Wildlife Service
(USFWS), Oregon Department ofFish and Wildlife (ODFW), Oregon Water Resources
Department (OWRD), Oregon Department of Environmental Quality (ODEQ), Confederated
Tribes of the Warm Springs Reservation of Oregon (CTWS), American Rivers (AR), and the
Hood River Watershed Group (HR WG).
Permitting for the proposed project decommissioning is scheduled to begin mid-year in 2009,
with initiation of on-the-ground decqmmissioning activities in the first quarter of2010, as
reflected in Appendix A, Table B ofthe Settlement Agreement. Prior to applying for the permits
necessary to decommission the Powerdale Project, PacifiCorp will develop detailed engineering
plans. These plans will be of a detail required to obtain the necessary permits and include the
best management practices (BMPs) and environmental protection guidelines in effect at that
time, Where feasible, decommissioning activities are scheduled to occur during periods that
will minimize the impact on fish and terrestrial resources (Section2), A tabular summary of
elements to be removed or retained is presented in Table 1.0-1. Project drawings depicting the
decommissioning scenario presented below can be found in Section 5.
0 DECOMMISSIONING SCENARIO
1 DIVERSION DAM
PacifiCorp will completely remove the existing diversion dam including the roller gates, hoists
and bridge, piers, walls, spillway, un-gated overflow section, fishway, embankment sections
and intake to the level ofthe original riverbed. The method of accomplishing this portion of the
decommissioning activities while maintaining upstream and downstream fish passage and
protecting the resource is described below. Operation ofthe Farmer s Irrigation District (Fill)
powerhouse, directly upstream from the Powerdale dam, will not be impacted by this action.
1 Cofferdams
In order to perfonn the demolition and removal of the concrete portions of the dam and intake
in the dry, upstream and downstream cofferdams will be placed across the river. It is expected
that natural sediments obtained from the river and surrounding areas (sands, gravels and
cobbles) will be used to construct as much of the cofferdams as possible, with the remaining
materials imported from another source.
Page 1
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
Table 1,1. Disposition of project components at decommissioning.
Project Element Sub-Element Removed Left in Place
, Dam Roller Gates & Hoists
Bridge
Piers
Walls & Misc.
Spillway
Fish Ladder
Intake Trashracks
Traveling Screens
Supporting Equipment
Control Gate & Trash Gate
Control Gate House
Concrete Intake Structure
Power Canal X (rock-filled and
coverlblend)
Steel Flume
. Sand Settling Basin
Transition Structure,
Flowline Wood Stave - 480 feet
Steel- 1 090 feet
Wood Stave - 1 564 feet
Steel - 1 070 feet
Wood Stave - 488 feet
Steel - 2 368 feet
Wood Stave - 493 feet
Steel- 1,849 feet
Wood Stave - 480 feet
Steel- 4 536 feet
Bridge
Surge Tank
Powerhouse Superstructure
Substructure
Generator Rotating Parts
Turbine Rotating Parts
Mechanical & Electrical Equipment
Maintenance Garage
Gantry Crane
Tailrace
Switchyard
The western end of the upstream cofferdam will be located on the natural riverbank that lies
between the Powerdale intake structure and the FID powerhouse. The eastern end will be
Page 2
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
positioned at the right abutment of Power dale dam near the transition between the overflow and
right embankment sections (Figure 1.1).
The downstream cofferdam will be constructed approximately 200 feet downstream ofthe
dam s spillway crest. This location will allow an access road to be aligned and constructed
across both the intake canal and the cofferdam; the road is necessary to access the construction
area and connect the east and west sides ofthe site (Figure 1.1-1). Both the upstream and
downstream cofferdams will remain in place until the concrete portions of the intake and
spillway sections of the dam are removed,
Fish Passage
Prior to changing any ofthe existing fish passage facilities, or constructing any new fish
passage facilities associated with dam removal, PacifiCorp will prepare final fish passage
design and construction plans in consultation with NMFS, USFWS, ODFW and CTWS, The
final design and construction plans will be consistent with Section 1.1.2.2 below and the
following criteria, which may be modified with the written agreement ofPacifiCorp, NMFS,
USFWS, ODFW and CTWS.
(i) The outfall from the flume shall be designed in accordance with, as appropriate, sections
7.4., 7.4,, 7.4.3, 13,10,, 13.10.5 and 13,10.6 ofNMFS' Draft Anadromous Salmonid Passage
Facility Guidelines and Criteria as ofthe Effective Date of the Settlement Agreement. In
addition, the pool volume and depth will be designed to minimize pool bottom surface
velocities and injury to fish. For purposes of section 13,10,, the design will minimize, but may
not completely avoid, creation of false attraction flows. The outfall shall have a 10-foot
minimum drop to the pool below (to prevent adults from entering the pipe), and shall be
designed to provide smooth, rounded edges and surfaces, using materials similar to the flume, to
minimize injury to fish exiting the pipe and to jumping adults;
(ii) The pipe/flume shall be designed in accordance with, as appropriate, sections 13,9.3,
13,9.3., 13.9.3.5, 13., 13.9.3,9, 13,, 13.13 and 13.14 ofNMFS' Draft
Anadromous Salmonid Passage Facility Guidelines and Criteria as of the Effective Date of the
Settlement Agreement. Weathered steel surfaces presently existing on the steel flume sections
or alternatively the galvanized surfaces of standard culvert material, shall be considered
acceptable for this application, provided that, ifthe interior surfaces of the existing steel flume
are considered to be too rough to meet NMFS' Passage Facility Guidelines and Criteria
PacifiCorp shall install a liner or conduct sand blasting of the interior surfaces;
(iii) The temporary approach to the fishway channel entrance will be constructed with "field-
placed" structure materials to optimize local hydraulic conditions. PacifiCorp will provide
NMFS, USFWS, ODFW and CTWS a minimum of seven days,notice prior to the placement of
these materials to allow their on site participation in field direction of this placement work;
(iv) The control structures within the temporary approach channel to the fishway entrance
will be placed at least one channel width apart. These structures will have less than one foot of
head differential (measured from upstream of the boulder control structures to the downstream
water surface elevation), and will not span the entire width of the approach channel (unless the
depth provided over the channel-spanning structure is at least one foot);
Page 3
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
(v) If fish will be passing through the temporary culvert(s) installed in the downstream
coffer dam, such culverts shall meet, as appropriate, sections 9.8 and 9,9 ofNMFS'
Draft Anadromous Salmonid Passage Facility Guidelines and Criteria as of the Effective Date
ofthe Settlement Agreement. In addition, the bypass shall be designed in accordance with, as
appropriate, sections 9.3.2 and 9,3.3 ofNMFS' Draft Anadromous Salmonid Passage Facility
Guidelines and Criteria as of the Effective Date;
(vi) The design will provide supplemental flow to the fishway discharge to allow optimal
operation of the fish ladder and temporary approach channel; and
(vii) The design wiIl be developed such that flow conveyed in the bypass flume is delivered
below the temporary approach channel in a manner that will maximize both upstream and
downstream passage. The design will be developed such that the bypass flume and the
upstream temporary approach channel work together to both attract adult fish to the temporary
approach channel, minimize delay of both upstream and downstream migrants, and minimize
injury to fish passing downstream.
1 ESA Agency Approval
For ESA purposes, PacifiCorp will submit fish passage design and construction plans for the
bypass flume, plunge pool, culvert, temporary approach channel, and fish ladder for NMFS and
USFWS approval. Ifrequired to minimize the effect of any incidental take oflisted species,
NMFS and USFWS may require, as a condition of their approval, additions or changes to such
design plans, provided that ifNMFS or USFWS requires as a condition of approval more than a
minor change to such design or construction plans, or alters the basic design, location, scope
duration or timing of such plans, the condition will be considered inconsistent with the
Settlement Agreement.
2 Upstream Passage during Dam Removal
Unless NMFS, USFWS, ODFW and CTWS agree that upstream fish passage is not necessary,
such passage will be maintained initially by placing culverts in the downstream cofferdam as it
is constructed, thereby allowing continued access through the existing stream channel to the fish
ladder until the construction of the bypass flume (Section 1.2) and an artificial upstream fish
passage channel are completed and operating,
An artificial upstream fish passage channel will be constructed coincidental to the construction
of the cofferdams and will be located between the existing fish ladder structure and the right
riverbank. This channel will extend from a mid-point on the existing fish ladder to a location
immediately downstream of the downstream cofferdam (Figure 1.1). Upon completion of the
channel, culvert access through the downstream cofferdam will be closed and upstream
migrants will be directed to the fish ladder structure through this newly constructed fish passage
channel.
Page 4
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
Figure 1.1. Water bypass and fish passage plan.
;"'-'
Powerdale prOJe
Dam Decommissioning
waterBypass and Fish Passage
PlanL-- ..._,200:1
""-'--"" ".,"""',"-,
Page 5
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
PacifiCorp will continue to maintain the existing fish ladder during dam removal to ensure
continued upstream fish passage into the ODFW and CTWS trapping and sorting facility. The
return channel exiting the sorting facility will be extended upstream, beyond the upstream
cofferdam, to allow the return offish to the river channel (Figure 1.1-1),
2 Downstream PassagelBypass Flume
River flow will be diverted past the work zone during removal of the dam using recycled
portions of the existing water conveyance system s steel flume materials, which will be
removed as described in Section 1.3. This bypass flume will provide downstream fish passage
and will extend nom above the upstream cofferdam to just below the downstream cofferdam
passing over the overflow section and existing fish ladder. The inside surface of the bypass
flume will be smooth, with steady gradient and gradual bends, NMFS, USFWS, and ODFW
will be given the opportunity to inspect the bypass flume prior to installation,
The upstream fish return channel from the ODFW and CTWS sorting facility and the intake for
the water bypass flume will be separated by the placement of rock between them to avoid the
entrainment of upstream migrants into the downstream flume,
To provide attraction of upstream migrants to the new artificial upstream passage channel
discharge from the bypass flume will be positioned to fall directly into the entrance of the newly
constructed upstream passage channel. This discharge will be designed to act as both a barrier
to upstream migrants attempting to enter the bypass flume, while at the same time attracting
them to the upstream passage channel and fish ladder,
This water bypass flume will also serve as the passage route for downstream migrating fish'
including adult bull trout and steelhead kelts, The discharge pool will be excavated to ensure
adequate area and depth prior to diverting flow to prevent injury to the downstream migrants.
3 Diversion Dam
Upon closure of the upstream and downstream cofferdams, the area between them will be
dewatered by pumping and access will be constructed to allow removal of the concrete portions
of the dam and intake structure,
It is expected the concrete will be broken up with mechanical equipment and controlled
blasting. Reinforcing steel will be separated and the concrete materials from the dam will be
reduced to a manageable size and hauled to a location on site for burial. Steel materials will be
hauled off site for proper disposal or salvage.
After removal of the concrete structures, the riverbed between the upstream and downstream
cofferdams will be contoured to match upstream and downstream invert elevations using on sitematerials,
After completion of the removal work and riverbed grading within the confines of the
cofferdams, the river will be returned to the natural channel by breaching the upstream and
downstream cofferdams. As flows are not expected to be of sufficient quantity to effectively
wash the cofferdam materials downstream, a majority ofthese materials will be removed using
Page 6
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
mechanical excavation equipment and reclaimed for use in riverbank grading and armoring,
The remaining, unrecoverable portions of the cofferdams are expected to fill in and adjust the
streambed to natural contours, With the river returned to a natural course the remaining
concrete structures, including the fish way and un-gated overflow section, will be removed,
Access for this work will be gained directly from the riverbank utilizing remaining portions of
the cofferdams, or by developing access points using removed cofferdam materials, as needed.
Dam removal work will be concluded with the placement of materials along the riverbank to
harden the disturbed bank areas and prevent erosion during the upcoming winter period,
Earthen materials from the two dam embankments will be spread on site or relocated for use in
covering buried concrete materials from the dam and flowline removaL These earth materials
will be contoured and revegetated to blend with the surrounding area and to prevent erosion into
waterways. Likewise, areas disturb~d by dam removal will be revegetated and invasive or
exotic plants will be controlled pursuant to a Revegetation and Mitigation Plan described in
Section 3.4, Erosion and sediment control measures will be implemented as determined in the
Erosion and Sediment Control Plan (ESCP), described in Section 3., to protect the
environment and will remain in place until new vegetation is established.
The volume of sediment stored in the 5-acre- foot reservoir behind Powerdale dam is minimal.
It is expected that high flows experienced in the Hood River during the first winter after dam
removal will remove any sediments that remain in the reservoir area. No specific treatment is
planned for removing the sediments as part of the dam removal work. Any remaining
accumulations of sediments are expected to be flushed downstream with the natural flows in theover.
2 INTAKE
The concrete intake structure, located on the left bank adjacent to and just upstream from the
dam, will be removed to original riverbed. The 6-foot-wide gated trash sluice, trashracks
traveling basket fish screens, and all related structural, mechanical and electrical equipment
associated with the intake will be removed. The intake headgate that regulates flow from the
intake into the power canal and the trash gate located between the intake structure and the trash
sluice will be removed. Several miscellaneous structures including the operator s house and the
control gatehouse will be removed, as well as some non-essential fencing. The operator s house
may be left in place, at the discretion of a designated grantee as defined in Section 4.4 of the
Settlement Agreement.
1.3 POWER CANAL, STEEL FLUME AND SAND-SETTLING BASIN
The 604-foot-Iong trapezoidal concrete power canal will be broken up and filled with available
materials from the cofferdams and earth embankments, and the ,area will be graded to blend
with the adjoining river bank, The 550-foot-Iong steel flume, 142-foot-Iong concrete sand-
settling basin, 254-foot-Iong steel flume, and 33-foot-Iong concrete structure transitioning into
the flowline will be removed, Concrete debris from the removal of these facilities will be
broken into a manageable size and buried on site, Miscellaneous metals and wood materials
will be hauled to an off site disposal location,
Page 7
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
4 FLOWLINE (PIPE)
The flowline is approximately 14 500 feet in length and extends ITom the concrete transition
structure (steel flume to flowline) to the surge tank, With the exception of several short
segments of riveted steel pipe, it was originally constructed of wood stave pipe for its entire
length. The flowline is supported on concrete saddles along most of its length. Each saddle is 9
feet wide at its base, 12 feet, 8 inches wide at the top, and approximately I-foot thick,
In 1965 approximately 3 600 feet of the original wood stave pipe was replaced in kind. Since
1978, remaining portions of the original wood stave pipe flowline have been replaced with steel
pipe on an as-needed basis. The flowline presently consists of the remaining approximately
600 feet of vintage 1965 wood stave pipe, 2 000 feet of the original riveted steel plate pipe
and 9,000 feet of newer spiral-welded steel pipe,
Beginning at the transition structure, the first 4 692 feet of flowline includes 2,532 feet of 10-
foot-diameter wood stave pipe. This wood stave pipe is positioned along this portion ofthe
flowline in 3 distinct sections. The first is a 480-foot-Iong section that starts at the transition
structure to the first section of spiral weld steel pipe. The steel pipe runs for a length of 1 090
feet before transitioning back into a 1,564-foot-Iong section of wood stave pipe, The flowline
changes back into a 1,O70-foot-long section of steel at this location, leading to a 488-foot-Iong
section of wood stave pipe. All 3 ofthese sections of wood stave pipe and the associated
concrete saddles will be removed, The steel pipe sections in this area will remain in place.
Wildlife access will be created beneath each of the two upstream sections of steel flowline
(commonly referred to as the "Flat Top" and "Hog Ranch" sections) along this 4 692 stretch by
excavating an approximately 5 to 6 foot-high passage below the pipe at approximately thecenter of each section.
The flowline sections to be removed will be accessed ftom the diversion dam area along a
maintenance road. The steel reinforcing hoops around the wood stave pipe willbe cut and the
pipe will be crushed with a hydraulic excavator, The metal bands will be separated from the
wood stave debris, and both will be loaded into dump trucks and hauled away via the existing
access road. The concrete saddles will be broken into small pieces, each no larger than 1 cubic
yard. A trench will be dug near the vicinity of the flowline alignme~t and the concrete pieces
buried on location, The trench will be back-filled and the area will be graded to match the
natural contours and will be revegetated. Remaining openings into the transition structure and
at the ends ofthe remaining sections of the steel pipe will be secured to prevent ingress,
The portion of the flowline downstream of the lower 488-foot length of wood stave pipe to be
removed will remain in place. This includes two relatively short sections of wood stave pipe
(493 feet long and 480 feet long respectively) located approximately 7,000 feet and 9 400 feet
downstream ofthe transition structure, along with the remaining portions of the steel flowline.
The steel walkway providing recreation access to the river along the top ofthe flowline, for a
distance of approximately 4 000 feet upstream ITom the flowline bridge, will be left in place.
Page 8
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
5 FLOWLINE BRIDGE
A 130-foot-Iong riveted steel truss bridge supports the flowline pipe across the Hood River
approximately 4 000 feet upstream of the powerhouse. Two large concrete pedestals support
this bridge on each bank ofthe river. The bridge will remain in place to provide a river crossing
point for fishermen and recreationists. Access will remain available to the steel catwalk that
extends along the flowline for another 4 000 feet upstream from the bridge.
6 SURGE TANK
A 28-foot-diameter riveted steel plate surge tank stands 207 feet high on 4 support legs, It has a
foot 9-inch-diameter riser pipe and a 3-foot-diameter overflow pipe that extends ITom the tank
to the tailrace, A shaped charge will be used to topple the surge tank. Once it is down, it will
be cut into pieces and salvaged as steel scrap,
7 POWERHOUSE
The 86-foot-wide by 51-foot-Iong concrete powerhouse structure will remain in place. All
internal non-structural features of the building will be removed. Window glass will be replaced
with steel plates or other architectural treatments to secure the facility, The metal-sided
maintenance garage located immediately adjacent to the south side of the powerhouse will be
removed. The outdoor traveling gantry crane that spans the powerhouse will be used to
decommission and remove equipment ITom the interior of the powerhouse, and then the
operable components ofthe crane will be dismantled and removed.
All oil and hydraulic fluids will be drained ITom the equipment located inside the powerhouse
and any loose equipment, parts and materials will be removed. Internal rotating generator and
turbine components will be removed. The turbine pit will be sealed with concrete, A switch
room, located on the west side of the operating floor level in the powerhouse contains
distribution system switches and controls associated with the switchyardlsubstation located west
of the powerhouse. Power will be maintained to this room and the switch/control panels will
remain functional for as long as is necessary to support remaining facilities. These facilities
may be relocated outside ofthe powerhouse in the future; however, they must remain in service
until that time to facilitate operation ofthe local power distribution system,
The areas surrounding the surge tank and maintenance garage will be re-graded to match the
surrounding contours, The powerhouse building, all remaining equipment, and adjacent
remaining facilities will be secured for safety and to prevent unauthorized ingress,
8 SWITCHYARD
The switchyard and transmission lines serve as part of PacifiCo s local and regional
transmission/distribution system and are independent of the Powerdale Project, All components
related to the generation of power by the Powerdale Project will be removed ITom the
switchyard, Equipment required to supply or control power to the distribution switch/control
panels in the powerhouse and equipment associated with the operation ofPacifiCorp
Page 9
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
transmission/distribution system will remain in service. The existing fencing around the
switchyard and powerhouse will be modified as necessary to provide additional security once
the powerhouse is no longer staffed.
0 DECOMMISSIONING SCHEDULE
PacifiCorp will accomplish the decommissioning ofthe Powerdale Project according to Section
4 and Appendix A of the Settlement Agreement. It is intended that the decommissioning
activities can be completed in one construction season; April 1 through November 15. Required
permits will be obtained prior to the construction season. Timing restrictions will be in effect
for any in-water work in to proteCt sensitive life stages of aquatic species, and to minimize
effects to terrestrial resources, For all in-water decommissioning work, PacifiCorp will conduct
such work between July 15 and August 31 , or outside ofthat time period with the approval of
NMFS, USFWS and ODFW, For purposes ofthis decommissioning action
, "
in-water work"
does not include dam removal or other decommissioning actions perfonned in areas that have
been dewatered for purposes of decommissioning actions. Actions that are likely to occur
outside of the July 15 to August 31 period include the following decommissioning actions:
(i) Construction and removal of the upstream and downstream cofferdams, cofferdam
materials, and culverts (Section 1,3),
(ii) Removal ofthe artificial upstream fish passage channel and bypass flume (Section
1.1.2.1 ).
(iii) Placement of materials (relocated cofferdam materials and available streambed
materials) along the river to create access for removal of remaining portions of the dam and fish
ladder (Section 1.1.3).
(iv) Placement of materials to regrade and armor the east and west banks of the river to
harden the disturbed areas (Section 1.3),
(v) Regrading of the streambed above and below the dam as necessary to assist with
removal of any barriers to fish passage created as a result of decommissioning activities
(Section 1.3).
These activities are scheduled to occur outside of the July 15 through August 31 time period, as
shown in Appendix A, Table B to the Settlement Agreement and, as such, are exempt ITom
prior approval by NMFS, USFWS and ODFW. Preparatory work will be performed ITom April
through June, and post-decommissioning work may be completed in November and December
after a return of the river to the natural channel.
PacifiCorp will provide NMFS, USFWS, ODFW and CTWS with reasonable notice prior to
initiating in-water work to allow them to view the work and recommend fish salvage or other
immediate measures to avoid fish stranding or delay.
Page 10
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
0 DECOMMISSIONING PROTECTION, MITIGATION
AND ENHANCEMENT MEASURES
1 EROSION AND SEDIMENT CONTROL PLAN
PacifiCorp will develop and implement an Erosion and Sediment Control Plan (ESCP), in
consultation with and with the approval ofNMFS, USFWS, ODEQ, ODFW and CTWS, prior
to any in-water decommissioning actions. The ESCP will identify specific methods to be
implemented at each work area to protect water quality and aquatic habitat. The objectives of
the ESCP will be to (i) protect the Hood River from unplanned releases of sediment and debris
during decommissioning activities; (ii) appropriately dispose of sediment and decommissioning
debris in accordance with applicable taws, the Spill Prevention Control and Countenneasure
Plan, and public health and safety; (iii) implement pennanent revegetation measures consistent
with BMPs; and (iv) ensure that dam removal will be conducted in dry conditions using a
cofferdam and artificial channel to divert flows from work areas.
The ESCP will also specify measures such as berms, ditches, sediment retention basins, silt
fencing, and site restoration to be used for protecting natural resources during the
decommissioning activities,
2 SEDIMENT AND FISH PASSAGE MONITORING; CONTINGENCY PLAN
PacifiCorp will perfonn a geomorphology study ofthe river channel shortly after the effective
date of the Settlement Agreement for the purpose of describing current geomorphic conditions
in the Hood River from 2 200 feet downstream ofthe dam to 1 000 feet upstream of the dam, or
above the vegetated island, whichever is farther. This information will be used to predict
potential impacts of sediment released from dam removal activities on fish passage and aquatic
habitat downstream of the dam location.
PacifiCorp will develop a fish passage monitoring and mitigation plan in consultation with
NMFS, USFWS, ODFW, ODEQ and CTWS, The plan will be approved by NMFS, USFWS
and ODFW and implemented following removal of the cofferdams and the return ofthe river to
its natural channel. In the event a fish passage obstruction, as defined by the plan, is cause or
exacerbated by dam removal, PacifiCorp will restore adequate fish passage by implementing the
mitigation measures set forth in the plan.
PacifiCorp will have no obligation to monitor or mitigate for obstruction to fish passage created
by dam removal for more than one cycle of seasons beyond the return of the river to natural
conditions, in accordance with the above mentioned geomorphology report, and as determined
by a team composed of representatives ofNMFS, USFWS, ODl"W, CTWS and PacifiCorp.
3 RARE, THREATENED AND ENDANGERED SPECIES PLAN
PacifiCorp will complete surveys for federal- or state-listed rare, threatened and endangered
species in areas planned for construction. All decommissioning activities will be planned and
designed to minimize direct impacts on wildlife species and their habitat.
Page 11
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
4 REVEGETATION AND MITIGATION PLAN
PacifiCorp will consult with the Settlement Parties to develop a Revegetation and Mitigation
Plan (RMP) that will address how PacifiCorp, in conducting decommissioning activities, will (i)
minimize the area of disturbance to the extent possible; (ii) adhere to conditions in any
applicable Anny Corps of Engineers or Oregon Division of State Lands wetlands permit; (Hi)
consult with state and federal wildlife agencies, CTWS and, when necessary, the Columbia
River Gorge Commission (CRGC) prior to determining appropriate protection measures; (iv)
limit construction to the summer through fall time period; (v) revegetate disturbed areas with
native vegetation to the extent possible based on existing vegetation cover type mapping and
potential wetland delineations; and (vi) control sedimentation of aquatic habitat as set forth in
the ESCP,
PacifiCorp will have no obligation to compensate for unavoidable wetland alteration following
the removal of portions of the wood stave flowline and the associated artificial water source,
5 CULTURAL AND HISTORIC MEMORANDUM OF AGREEMENT
PacifiCorp will draft a Memorandum of Agreement with the State Historic Preservation Officer
(SHPO) prior to initiating any decommissioning activities, PacifiCorp will photographically
document eligible properties for pictorial preservation by the National Register. Additionally,
PacifiCorp will consider recordation of eligible properties to the Historic American Buildings
Survey/Historic American Engineering Record standards, and architectural salvage. PacifiCorp
will consult with the SHPO, the National Park Service, the U.S. Army Corps of Engineers
CTWS, the Oregon Historical Society, the Hood River County Historical Society, and the
County of Hood River, as appropriate, prior to modifying any project structures.
In the event that ownership of the property and the remaining eligible facilities are transferred to
another entity, PacifiCorp will provide documentation acknowledging that the facilities are
eligible for listing in the National Register and require treatment in a manner consistent with the
National Historic Preservation Act.
6 RECREATION PLAN
PacifiCorp may restrict or prohibit public access to the day,.use sites and the bypass reach while
portions of the decommissioning activities take place. PacifiCorp will provide appropriate
signage and public notification prior to demolition and restoration activities to inform the public
of planned activities and temporary restrictions. PacifiCorp will implement a demolition
program that minimizes the length of time that the river is affected to minimize impacts to the
fishing experience and, where feasible, will restore river trails, access roads and parking areas to
pre-construction conditions following decommissioning.
PacifiCorp will not be required to perform additional measures to address impacts to land use
land management, aesthetics or visual resources during or after decommissioning.
Page 12
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
0 DECOMMISSIONING COSTS
Table 4.1 presents the estimated costs of decommissioning the Powerdale Project as described
in this Decommissioning Plan,
Table 4.1. Decommissioning costs.
Project Element Decommissioning Price
Survey $27,000
River Diversion $400 000
River Bypass $317 000
Sediment and Erosion Control $148,000
Dam $1,280 000
Intake $378 000
Misc. Structures $30 000
Canal $37,000
Steel Flume $146,000
Sand Settling Basin $266 000
Transition Structure $58,000
Flowline $618,000
Surge Tank $157,000
Powerhouse $765 000
Substation $78,000
Restoration'$58,000
Project Total 54,763,000
Page 13
PacifiCorp
Powerdale Hydroelectric Project
FERC Project No. 2659
0 DECOMMISSIONING DRAWINGS
The following general design drawings, showing the principal proj ect works, graphically depict
the Powerdale Project components and features proposed for decommissioning.
Page 14
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APPEND IX C
REPRESENTATIVES OF THE PARTIES
PacifiCQm:with copy to:
William Eaquinto
Vice President, Hydro Relicensing
PacifiCorp
825 N,E. Multnornah
Portland, OR 97232
Phone: [phone]
Fax: [phone]
Randy Landolt
Director, Hydro Resources
PacifiCorp
825 N.E, Multnornah
Portland, OR 97232
Phone: [phone]
Fax: [phone]
National Marine Fisheries Service:with copies to:
Brian Brown
Assistant Regional Administrator, Hydro Program
National Marine Fisheries Service
525 Oregon Street
Portland, OR 97232
Phone: [phone]
Fax: [phone]
Jane Hannuksela
Attorney
General Counsel Northwest Region
National Oceanic and Atmospheric
Administration
7600 Sand Point Way N.
Seattle, W A 98115
Phone: [phone]
Fax: [phone]
Keith Kirkendall
FERC Policy Analyst
National Marine Fisheries Service
525 NE Oregon Street, Suite 500
Portland, OR 97232-2737
Phone: [phone]
Fax: [phone]
United States Fish and Wildlife Service:with copy to:
Kemper McMaster
State Supervisor
S. Fish and Wildlife Service
2600 S.E. 98th Ave., Suite 100
Portland, OR 97266
Phone: [phone]
Fax: [phone]
Lany Rasmussen
Fish and Wildlife Biologist
S, Fish and Wildlife Service
2600 g,E. 98th Ave" Suite 100
Portland, OR 97266
Phone: [phone]
Fax: [phone]
Oregon Department ofFish and Wildlife with copy to:
Amy Stuart
Hydropower Biologist
Oregon Dep t ofFish and Wildlife
2042 S.E. Paulina Hwy
Prineville, OR 97754
Phone: [phone] ext.
Fax: [phone]
Rod French
District Fish Biologist
Oregon Dep t ofFish and Wildlife
3701 W, 13th
The Danes, OR 97058
Phone: [phone]
Fax: [phone]
Oregon Water Resources Department:with copy to:
Kristen Bonanno
Hydropower Coordinator
Oregon Water Resources Department
158 12th St. N.
Salem, OR 97301
Phone: [phone] ext. 306
Fax: [phone]
LaITy Toll
Oregon Water Resources Department
421 E, 7th St.
Courthouse Annex B, Room 218
The Dalles, OR 97058
Phone: [phone]
Fax: [phone]
Oregon Department of Environmental Ouality with copy to:
Paul DeVito
Natural Resource Specialist
Oregon Dep t of Environmental Quality
2146 N.E. Fourth St., Suite 104
Bend, OR 97701
Phone: [phone] ext. 257
Fax: [phone]
Kurt Burkholder
Assjstant Attorney General
Oregon Department of Justice
1515 SW Fifth Ave" Suite 410
Portland, OR 97201-5451
Phone: [phone]
Fax: [phone]
Confederated Tribes of the Warm Springs
Reservation of Oregon
with copies to:
Olney Patt, Jr.
Tribal Council
Confederated Tribes ofthe Warm Springs
Reservation of Oregon
O. Box C
Wann Springs, OR 97761
Phone: [phone]
Fax: [phone]
Cynthia Starke
Karnopp Petersen LLP
1201 NW Wall Street
Bend, OR 97701-1957
Phone: [phone]
Fax: [phone]
Mick Jennings
Hood River Program Manager
Confederated Tribes the Warm
Springs Reservation of Oregon
3430 W, 10th Street
The Danes, OR 97058
Phone: [phone]
Fax: [phone]
American Rivers:with copy to:
Brett Swift
Associate Director, NW Hydropower Program
American Rivers
320 SW Stark Street, Suite 418
Portland, OR 97204
Phone: [phone]
Fax: [phone]
Andrew Fahlund
Senior Program Director
American Rivers
1025 Vermont Ave, Suite 720
Washington, DC 20005
Phone: [phone]
Fax: [phone]
Hood River Watershed Group with copy to:
Charles Gehling
Chainnan
Hood River Soil and Water Conservation District
Hood River Watershed Group
3007 Experiment Station Road
Hood River, OR 97031
Phone: [phone]-6866
Fax: [phone]
Holly Coccoli
Coordinator
Hood River Watershed Group
3007 Experiment Station Road
Hood River, OR 97031
Phone: [phone]
Fax: [phone] c/o Discover Mortgage
APPEND IX D
SUBJECT LANDS
APPENDIX D - SUBJECT LANDS *
" ,' .
500 000 000 000Feet Powerdale Sheet 1
EZI Publi: kcea EaRfllenl Gorge Scenic "'eaFacility Subject lands
Railroad
Facility Lines
POW:RUNE
----. fBllCE
Fl.UME
---MSC
DISClAI"'ER
- -
C8bAoied ion OIS ord
....
~m'" ord Ujod to
P lid Ie "'" m ok os no --'-Y IS 10 -Iv, orcomploWoo.. oIltis b'incNcUIar8llJ'll!lOle1lO8"'--.
. PACIFICORP
---
Powerdale Base Map 04I2Sm,,---"'~_'m_...---dt_~cIof. mop 1eIIo88x11 "no:!
. The boundaries of these Subject Lands may be amended pursuant to Section 4.1 of the Settlement Agreement.
APPENDIX D - SUBJECT LANDS *
.. ,-,..;""" ",, ", '" " ,;;." ~,, : ~~
!!!J
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.ii;
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EZJ Publi: kcess EaS8tllenl Gorge Stenic .AreaFacility SuDject lands
-+-
Railroad
facllltr Un"
POv.ERUNE
_n_' FelCE
FLUME
--- MSC
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. PACIFICORP
---
Powerdale Base Map CMI2SO3
.~-"'" _...
_d~~_e _.no.Bxt1,..1d
* The boundaries of these Subject Lands may b~ amended pursuant to Section 4.4.1 of the Settlement Agreement.
APPENDIX D - SUBJECf LANDS *
+ ,
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EZJ Publi: keelS Elsemllftl Gorge Scenic heaFacilily Subject la/1ds
-to- Railroad
facility Un.
POW:RUNE
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flUtE
--- MSC
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------
Powerdale Base Map IMm.G3c.~ .JIIonogem~_...xtd
__....
I!l.~. "811 -.ex11..Jd
* The boundaries of these Subject Lands may be amended pursuant to Section 4.4.1 of the Settlement Agreement.
APPENDIX E
ALLOWABLE INTERIM PERIOD ACTIONS AND
ENCUMBRANCES
Project Name:
Action:
History:
Project Name:
Action:
History:
Project Name:
Action:
Description:
APPENDIX E
ALLOW ABLE INTERIM PERIOD ACTIONS AND ENCUMBRANCES
Oregon State University (OSU) Agricultural Lease Agreement for the Mid-Columbia Agricultural
Research and Extension Center in Hood River (File Number OR-HR-OO19C).
PacifiCorp may enter into an Agricultural Lease Agreement with OSU on parcel PPNo. ORHR-
0019; TL 2N-IO-IOO; Vol. 12 PG 187. The lease term maybe for one year, beginning
November 1 2002 and ending October 31, 2003, with the option to renew in one year increments
until PacifiCorp disposes of the property.
For the past 35 years, PacifiCorp has permitted OSU to use for agricultural purposes the Northwest
comer ofland in parcel PPNo. ORHR-0019; TL 2N-IO-IOO; Vol. 12 PG 187. Of the total 28
acres, 5.75 acres have been used for growing pear trees. The last lease agreement was signed
August 6, 1996 and terminated March 1 2000. Since that time, PacifiCorp has allowed OSU to
continue use of the land with the intent to sign a new agreement. On Feb 25 2000 PacifiCorp
notified OSU of its expired lease agreement and presented OSU with PacifiCorp s new policy,
which requires collection of rent for the use of company lands.
Hood River Valley Parks Recreation District (HRVPRD) trail easement request (File Number:
OR-HR-OOO1).
PacifiCorp may grant to HRVPRD a perpetual public trail right-of-way easement across
PacifiCorp parcels 100 Sec. 36 Y 3N RIOE in Hood River over the existing easement provided for
a Sanitary Sewer (RefP.S. 1709)..
HRVPRD requested a public trail right-of-way easement across PacifiCorp parcels 100 Sec. 36 Y
3N RIOE in Hood River. The Indian Creek trail currently exists on PacifiCorp land and has been
open for public use for the past 15-20 years. The proposed location of the new easement would be
granted over an existing 10' pennanent easement granted to the City of Hood River for Sanitary
Sewer granted Dec 2 1970, RefP.S. 1709. HRVPRD presented a written trail easement proposal
on Feb 27 2001. On June 20, 2001, PacifiCorp responded with a letter expressing the company
willingness to support the trail easement as long as it did not jeopardize PacifiCorp s service
commitment to the community. On June 10, 2002, a land survey of the Indian Creek Trail
Segment #1 was completed. The survey provided a legal description for the easement as requested
by PacifiCorp. The City and PacifiCorp are prepared to finalize the easement.
Jenny Copper request to sell or trade property (file not yet created).
PacifiCorp, after consultation with the Lands Stakeholders, may trade up to 5.7 acres of parcel
PPNo. ORHR-00191and with or grant an easement to Jenny Copper in exchange for fee simple
ownership of or an access easement over Jenny Copper s property, Tax Lot # 300.
Copper s land currently divides PacifiCorp s property TL 2N-I0-12-1300. An original access
easement across Jenny Coppers land was signed on Sep 28, 1950. The road currently provides
access to the west side of the Powerdale Dam. The easement or right of way is twenty feet in
width for private road purposes over and across the described property in Hood River County,
otherwise known as Jenny Copper s property, Tax Lot # 300. By its terms, the easement ceases in
the event that PaeifiCorp s properties in Hood River are acquired by any governmental agency or
corperation, or ifPacifiCorp s use of the pipeline over the property discontinues for one year or
more. If Copper s land is acquired or an access easement created, there would then be contiguous
access along the west side of Hood River. Copper expressed interest in trading property with
PacifiCorp on March 23, 2000. The land has not yet been acquired because the Copper has not
completed a survey. The land could be acquired through a trade or purchase, or access granted by
easement.
Project Name:
Action:
History:
Project Name:
Action:
History:
Project Name:
Action:
History:
Ekker Land use Permit (File Number: OR-HR-OO22A).
PacifiCorp may renew a land use pennit to Jerry Ekker and Jannine Ekker, giving the Ekkers
pennission to occupy and use real property located in Hood River County until PacifiCorp
disposes of the property.
The most recent pennit to occupy real property was granted to the Ekkers on July 21, 1997. This
permit ends on June 30, 2007, The purpose of renewing this pennit would likely be to obviate the
need for PacifiCorp to cut weeds and otherwise maintain the property.
Evans Land use Permit (File Number: OR-HR-OOI9B),
PacifiCorp may renew a permit to Helen C. Evans, giving Evans permission to occupy and use 3.
acres of real property located in Hood River County until PacifiCorp disposes of the property.
The initial pennit was granted on October 19, 1970. The purpose of renewing this pennit would
likely be to obviate the need for PacifiCorp to cut weeds and otherwise maintain the property.
Benton Land use Permit (File Number: OR-HR-OO19A).
PacifiCorp may renew a pennit to John M. Benton and Julie Benton, giving the Bentons
permission to occupy and use 3.5 acres ofreal property located in Hood River County until
PacifiCorp disposes of the property. The property is 700' in length and 15' in width. TL 2N-I0-
100; Vol. 12 PG 187.
The initial permit was granted on July 6, 1982. The most recent permit was granted on June 16
1995 and ends May 31, 2005. The purpose of renewing this permit would likely be to obviate the
need for PacifiCorp to cut weeds and otherwise maintain the property.
Oregon State University (OSU) Agricultural Lease Agreement for the Mid-Columbia Agricultural
Research and Extension Center in Hood River (File Number OR-HR-OO19C).
" "~':
Section 1 T2N.. R 10E., W.
HOOD RIVER ,COUNTY. OREGON
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JE:NI'\'( c.o~ER- ~eQ~"T)O ~Eu....
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500 000 000
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..
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-+-
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'" .~. :
PORTLAND, OREGON
SCALE: J8
..
400
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EXHIBIT 1
PROPOSED SECTION 401 CERTIFICATION CONDITIONS FOR
INTERIM OPERATION AND DECOMMISSIONING OF THE
POWERDALE HYDROELECTRIC PROJECT
EXHmIT I
PROPOSED SECTION 401 CERTIFICATION CONDITIONS
FOR INTERIM OPERATION AND DECOMMISSIONING
OF THE POWERDALE HYDROELECTRIC PROJECT
Unless otherwise specifically provided, the following certification conditions are effective
30 days after incorporation into a FERC license or order or other federal license or permit for
interim operation and decommissioning ofthe Powerdale Hydroelectric Project. The conditions
are in addition to certain rights and obligations ofPacifiCorp and other parties set forth in the
Settlement Agreement Concerning the Interim Operation and Decommissioning of the
Powerdale Hydroelectric Project (Settlement Agreement), specifically PacifiCorp s obligations
under the Settlement Agreement to implement certain measures at an earlier date, or to continue
measures commenced at an earlier date, and including other parties' review and approval of
certain activities under the Settlement Agreement.
1. Interim Operation: Conditions for Compliance with the Temperature Water Ouality
Standard and Total Maximum Daily Loads (TMDLs).
a. Temperature Management Plan. In accordance with OAR 340-041-0026(3)(a)(D),
PacifiCorp shall implement the Surface Water Temperature Management Plan approved
by the Oregon Department of Environmental Quality (ODEQ) in conjunction with t4is
certification and set forth in Conditions I.b, I.c, I.d" I.f., l.g., l.h" 1.i, l.j" and 2.b, .
b. Flows, Subject to Condition 1.d., PacifiCorp shall implement in the bypass reach on '
average hourly basis either the Hood River flow immediately upstream of the Project
(less the amount required to compensate for flowline leakage up to a maximum of25
cfs), or the minimum instream flows set forth in the following table, whichever is less.
Minimum instream flow requirements may be met using a combination of flows from the
fish ladder, fish screen bypass flow, trash sluice, and spillway gates.
January 140 cfs
February 220 cfs
March 220 cfs
April*220 cfs
Mav*250 cfs
June 250 cfs
July 250 cfs
August 250 cfs
September 250 cfs
October 250cfs
November 220 cfs
December 140 cfs
* Minimum instream flows for temperature specified in this table for April 15
through June 30 are superseded by higher minimum instream flows provided in
accordance with Conditions 2.a. and 2.b, for the same period.
c. Powerhouse Discharge. Heat discharged to the Hood River through powerhouse cooling
water may not exceed 19,31 million kilocalories per day.
d, TMDLs September i5-October i5, To meet its load allocation (LA) under the TMDL
from September 15 through October 15, PacifiCorp shall undertake the following
measures:
(1) PacifiCorp shall provide ODEQ with an annual temperature and flow monitoring
report by December 31 of each year, The annual monitoring report shall include the
required hourly temperature and flow data, pre- and post-deployment data, and
monthly field audit data required by Condition l.g, for that calendar year. The annual
report shall identify any instances in which the seven-day moving average of daily
maximum temperatures measured at the downstream end of the bypass reach
exceeded 55OP during the period from September 15 through October 15. If any such
instances .are identified in the first three years of monitoring, PacifiCorp shall conduct
and submit in the third annual temperature and flow monitoring report to ODEQ an
evaluation of whether the temperature increase in the bypass reach was O.25OP (as a
seven-day moving average) more than the increase that would have occurred had the
Project not diverted water from the bypass reach. In lieu of conducting this
evaluation, PacifiCorp may assume that any temperature increase between the
upstream and downstream ends of the bypass reach is due to Project diversions,
(2) If, based on the evaluation or assumed Project impact described in the preceding
paragraph, ODEQ determines that the stream warming that occurred in the bypass
reach was O,25OF more than would have occurred had there been no Project
diversions, PacifiCorp shall, within 90 days from written notification from ODEQ,
submit to ODEQ a written proposal for measures that PacifiCorp will take to ensure
that the Project-related warming in the bypass reach is not more than O,2SOP (as a
seven-day moving average) when the seven-day moving average of daily maximum
temperatures exceeds 55OF at the downstream end of the bypass reach between
September 15 and October 15. The proposal shall include a proposed schedule for
implementing the measures. The measures may include, but are not limited to, the
following:
(a) Temperature modeling for the period September 15 through October 15 to
. detennine what minimum instream flows would be necessary to reduce Project-
related warming to 0.25OF or less (as a seven-day moving average) when the
seven-day moving average of daily maximum temperatures at the downstream
end of the bypass reach exceeds 55OF, Ifincreased minimum flows are
necessary and feasible, PacifiCorp shall provide the increased flows for the
necessary period, subject to the limits set forth in Condition l.d (3),
(b) In the alternative, PacifiCorp may elect not to divert water (except for amounts
required to compensate for flowline leakage up to 25 cfs) whenever and so long
as the river temperature exceeds 55OF at the downstream end of the bypass reach
between September 15 and October 15,
(3) The following limitations apply to modifications of minimum instream flows under
this Condition l.
(a) ODEQ will not require modification of flows beyond those reasonably
necessary to prevent a Project-related instream temperature increase ofO.25OF or
more, This limitation will only apply upon ODEQ's detennination that
PacifiCorp has satisfactorily demonstrated under prevailing conditions that any
such modification would result in a Project-related temperature increase ofless
than O,25O
(b) Modification of minimum instream flows shall be limited to no more than a 50
cfs increase in any two-year period.
(c) PacifiCorp s responsibility to fulfill minimum instream flow requirements shall
be limited to reducing Project diversions from the bypass reach,
(d) No increase in minimum instream flows shall be required before September 15,
2006,
e. TMDLs Reservation, In the event the Project continues to divert water for power
generation or Project maintenance during and after 2012 ODEQ reserves the right to
modify these certification conditions, in accordance with OAR Chapter 340, Division 48
as necessary to ensure implementation ofTMDLs for any applicable period.
f, Resumption of Power Generation. Following the period of temporary reduction of flow
in the flowline (April 15 to June 30), PacifiCorp shall resume power generation in
accordance with Condition 2.
g.
Temperature Monitoring, PacifiCorp shall monitor stream temperatures hourly from July
1 through October 15 each year at the sites PDBUP (upstream end of the bypass reach,
approximately 50 meters downstream of the dam) and PDBDN (downstream end of the
bypass reach, approximately 250 meters upstream of the powerhouse), The accuracy of
temperature recorders shall be tested before and after field deployment to ensure that they
are operating within their designated range of accuracy, In addition to pre- and post..
deployment checks, the temperature recorders shall be audited monthly during the field
measurement period, The pre- and post-deployment and monthly field audit checks shall be
made using a National Institute of Standards and Technology (NIST) traceable (calibrated
and maintained) thennometer accurate to :i:O.C or better, which has been checked against
an NISTtraceable thennometer, PacifiCorp shall also record average hourly flows released
from the diversion dam into the bypass reach for the period July 1 through October 15,
These flows shall be measured in accordance with Condition l,
h. Flow Monitoring,
(1) PacifiCorp shall measure instream flows by a Programmable Logic Control or
alternative method for monitoring compliance with minimum instream flows,
consistent with standard operating procedures developed by PacifiCorp in
consultation with ODEQ, the Oregon Department ofFish and Wildlife (ODFW), the
National Marine Fisheries Service (NMFS), the U.S. Fish and Wildlife Service
(USFWS), and the Confederated Tribes of the Wann Springs Reservation of Oregon
(CTWS).
(2) PacifiCorp shaH publicly post hourly flow data on the Internet. The Internet posting
shaH clearly display the total average hourly river flow being released into the bypass
reach directly downstream ofthe diversion dam. The Internet posting shall also
display the average hourly flow being diverted to the flow conveyance system, Flows
shaH be reported in cfs. PacifiCorp shall posthourly flow measurements as timely as
possible but nomore than 24 hours after such measurements are taken.
(3) Unless otherwise agreed upon in writing by ODEQ and PacifiCorp in consultation
with ODFW, OWRD, NMFS , USFWS, and CTWS, the following flow verification
requirements shall apply: For the "first two years, rating tables, including any
discharge coefficients used to calculate the gaged flows being tracked by the PLC
system, shaH be verified at least once every six weeks during the periods when flows
at the Tucker Bridge Gage are less than the sum of the minimum instreamflow plus
the power claim flow (generaHy about July through November); Rating tables shall be
set-up to cover a range of operation settings; If after the initial two-year period a .
control structure rating table demonstrates stability, then verification measurements
shaH be conducted at least once per year; If after the initial two-year period a control
structure demonstrates instability, or when maintenance changes flow conditions
through a control structure, then more frequent than once-per-year verification
measurements shaH be conducted on an as-needed basis to re-establish a stable rating
table for the particular control structure.
i, Measurable Increase. Any Project-related instream temperature increase ofO,25OF or less
above the relevant criterion shaH not be deemed to contribute to an exceedance of the
temperature criterion or to a violation of the temperature water quality standard.
j,
Monitoring Modifications. ODEQ may make modifications to temperature monitoring
required under Condition l.g. that ODEQ considers to be reasonable and feasible, or
after consultation with ODFW, OWRD, NMFS, USFWS, and CTWS, make reasonable
and feasible modifications to flow monitoring required under Condition l,h, if:
(1) The monitoring requirements prove to be insufficient to provide the necessary data;
or,
(2) Modifications to minimum instream flow requirements require modifications to
monitoring requirements.
k. Temperature Flow Modifications. With the approval ofODEQ, PacifiCorp may cease
implementing or may implement modified flows under the Temperature Management
Plan, ODEQ may approve cessation or modification ifODEQ detennines that it will not
impair the achievement of any TMD L or LA for the Project for temperature and will not
contribute to the exceedance ofthe relevant temperature criterion in waters affected by
the Proj ect.
I. Duration of Conditions, The above conditions in this section will cease to be effective
upon commencement of removal of the dam structure.
2, Interim Operation: Conditions for Compliance with the Biological Criteria. pH. Dissolved
Oxygen. anq Turbidity Water Quality Standards. Protection of Beneficial Uses. and
Compliance with Other Appropriate State Laws,
a, Flows, Subject to Condition I., PacifiCorp shall implement in the bypass reach either
the Hood River flow immediately upstream ofthe Project (less the amount required to
compensate for flowline leakage up to a maximum of25 cfs), or the following minimum
instream flows, whichever is less:
February 1 to April 14: 220 cfs
April 15 to June 30: manage flows as set forth in Condition 2,
July I to October 31: 250 cfs
November 1 to November 30: 220 cfs
December 1 to January 31: 140 cfs
Minimum instream flow requirements may be met using a combination of flows from the
fish ladder, fish screen bypass flow, trash sluice, and spillway gates.
b. Temporary Reduction in Diversion Flow.
(1) From April 15 to June 30 each year, PacifiCorp shall reduce diversion flow to a
maximum of 25 cfs. All flows in excess of the amount required to compensate for
flowline leakage up to the maximum of25 cis shall be passed by the dam.
(2) PacifiCorp may resume power generation on July 1 of each year, For the 96 hours
prior to the start-up of the turbine unit, PacifiCorp shall use multiparameter
continuous monitoring devices approved by ODEQ to sample water quality at two
sites in the river agreed upon by ODEQ. One site shall be just upstream of the
powerhouse tailrace at site PDBDN as defined in Condition l.g; the other shall be
approximately 30 meters downstream ofthe powerhouse tailrace confluence with the
river along the east bam'- The continuous sampling devices shall sample and record
hourly stream temperature, dissolved oxygen, pH, and turbidity, At least 72 hours
prior to the start-up of the turbine unit, but not less than 24 hours after commencing
the continuous monitoring, PacifiCorp shall open a lO-inch drain valve in the
powerhouse near the tailrace to provide a slow exchange of flowline water. Upon
beginning generation on July I , PacifiCorp shall set the turbine generator unit on the
minimum wicket gate setting required to synchronize the turbine generator.
PacifiCorp shall then ramp the turbine generator load in sufficiently small increments
to the extent feasible to maintain the ramping requirements set forth in Condition 2.
Monitoring under this Condition 2.(2) at the two sampling sites may cease 24 hours
after beginning generation, The multiparameter devices shall be calibrated for each
parameter according to the manufacturer s specifications prior to deployment. At the
time the instruments are deployed in the water and when they are retrieved at each
site, PacifiCorp shall audit the multiparameter devices by measuring stream
temperature with an NIST traceable thermometer accurate to:l:: 0.C and measure
stream dissolved oxygen via Winkler titration, Within 30 days after the instruments
are retrieved, PacifiCorp shall forward ODEQ the electronic files of the continuous
sampling, audit, and calibration data.
(3) The procedure set forth in Condition 2.(2) might provide dilution of flowline water
in excess of that necessary to comply with water quality standards. PacifiCorp may
reduce or cease its monitoring effort under Condition 2.(2) following three
consecutive years of monitoring data, of quality considered accurate and reliable by
ODEQ, demonstrating that the flowline water does not contribute to an exceedance of
a water quality standard at the downstream monitoring site described in that
condition, In the absence ofthree years of such data, PacifiCorp may reduce or cease
its monitoring effort under Condition 2,(2) if ODEQ provides written approval
based upon an ODEQ detennination that there is no reasonable potential for the
flowline water to contribute to an exceedance of one or more water quality standards
at the downstream monitoring site. If, notwithstanding use ofthe procedure described
in Condition 2.(2), the flowline water causes an exceedance of water quality
standards at the downstream monitoring site, ODEQ may direct PacifiCorp to develop
and propose, within a reasonable time specified by ODEQ, alternative measures for
ensuring that the flowline water does not cause an exceedance of water quality
standards at the downstream monitoring site upon beginning generation. Upon
approval by ODEQ, PacifiCorp shall implement the alternative measures, which may
include increased diversion flow during the period April 15 through June 30.
c. Ramping.
(1) PacifiCorp shall make reasonable efforts to limit the ramping rates in the bypass
reach to no more than two inches per hour, and in any event such rates shall not
exceed three inches per hour. In addition, PacifiCorp shall complete and implement
standard operating procedures and a monitoring plan, developed in consultation with
ODEQ, ODFW, NMFS, USFWS, and CTWS, for meeting and documenting
compliance with the ramping limits. Should development or implementation of the
monitoring plan, or the resulting data, show that a different ramping rate will result in
the same protections for aquatic species (for example, when river flows into the
Project are already high), PacifiCorp may propose such a different ramping
requirement. Upon the approval of ODEQ in consultation with ODFW, NMFS,
USFWS, and CTWS, the approved variation shall be substituted for the ramping
requirements set forth in this condition.
(2) "Ramping" means those Project-induced increases (up-ramping) and decreases
(down-ramping) in river discharge and associated changes in water surface elevation
over time resulting from generation of electricity by Project facilities, Project
maintenance activities (i.e., planned outages) and unplanned (forced) outages,
Ramping does not include changes in flows and change in river stage resulting from
increases or decreases in stream flow unrelated to the Project. Ramping rates in this
certification are stated in inches of change per hour. Ramping is measured as the
distance between the maximum and minimum water level measured at a specified
location over the applicable period oftime; variation in water levels within the
maximum and minimum water level during that period are not considered for
purposes of measuring ramping, For example, ifthe relevant ramping limitation is
one inch per hour, and the river gage is at four feet at noon, then during the next hour
the water elevation may vary no more than between three feet eleven inches and four
feet; between four feet and four feet one inch; et cetera, In each example, the amount
of change between the minimum and maximum gage readings in a one-hour time
period is not more than one inch, but could vary within that range more than once
during the hour.
(3) Following an unplanned outage, PacifiCorp shall observe conditions directly
downstream of the Project dam and powerhouse. Should PacifiCorp, ODFW, CTWS,
NMFS, or USFWS identify a fish stranding problem, PacifiCorp shall use its best
reasonable efforts to minimize the impacts of such stranding by relocating such fish
to the river in consultation with ODFW, CTWS, NMFS and USFWS.
d. Flow Monitoring, PacifiCorp shall measure and report flows in accordance with Condition
1.h.
e. Planned Outages. PacifiCorp shall, to the extent feasible, limit planned outages to April
15 to June 30 to coincide with the temporary reduction of diversion flow required under
Condition 2., or with the summer, and shall limit planned non-summer outages to 24
hours to the extent reasonably feasible. PacifiCorp shall notify ODFW, NMFS, USFWS,
and CTWS of planned outages and subsequent start up periods to allow for monitoring of
those areas with the greatest possibility for fish stranding.
f, Flushing, PacifiCorp shall restrict flushing of the sand settling basin to periods when
bypass reach instream flows are at least 500 cfs, and preferably greater than 1,000 cfs.
g,
Intake Screens. PacifiCorp shall continue to operate and maintain existing intake screens
in working order. The maintenance shall include regular inspections and the repair
rehabilitation, or replacement, as needed, of seals and moving components such as chain
drives, sprockets, screen baskets, motors, and screen wash equipment. If a screen is
damaged beyond repair, PacifiCorp shall replace it with a screen of similar design;
however, PacifiCorp shall not be required to design or install an upgraded fish screen or
otherwise make technological or other major improvements.
h. Fishway Auxiliary Water Intake, PacifiCorp shall identify and obtain NMFS, USFWS
ODFW and CTWS written approval of a method for maintaining the fish ladder auxiliary
attraction water bar rack within the ladder sufficiently free of debris to allow adequate
attraction flows, Alternatives to be considered shall be limited to the following unless
PacifiCorp and the aforementioned agencies agree otherwise: frequent manual cleaning,
modification of the bar spacing on the existing intake trash rack, installation of an intake
device incorporating v-bar screen technology, or changing the spacing of the bars on the
rack within the ladder. Recommendations and supporting documentation shall be shared
with NMFS, USFWS, ODFW and CTWS, No later than the first in-water work
opportunity, PacifiCorp shall obtain approval and implement the approved method
identified in this condition,
i. Ground-Disturbing Activities. Unless emergency conditions exist that require immediate
action, PacifiCorp shall limit adverse effects on stream and wetland habitat ITom any
ground-disturbing activities by (i) minimizing the area of disturbance; (ii) adhering to
conditions in any applicable U,S, Anny Corps of Engineers and Oregon Division of State
Lands wetlands pennits; (iii) consulting with state and federal wildlife agencies, CTWS
and, when necessary, the Columbia River Gorge Commission prior to carrying out the
workto determine appropriate protection measures; (iv) limiting construction to the
summer and fall; (v) revegetating disturbed areas with native vegetation to the extent
feasible; and (vi) controlling sedimentation of aquatic habitat through erosion control
measures contained in the applicable pennits. PacifiCorp shall conduct a survey before
the initial ground-breaking activity for rare, threatened and endangered species in areas
planned for significant construction activities, and shall coordinate with the USFWS
ODFW, the Oregon Department of Agriculture, and the Oregon Natural Heritage
Program to ensure that the target species list is current.
j,
Duration afConditions. The above conditions in this section will cease to be effective
upon commencement of removal of the dam structure,
3. Decommissioning: Conditions for Compliance with Water Quality Standards. ProteCtion of
Beneficial Uses. and Compliance with Other Appropriate State Laws.
a. Upon applying for a federal permit or pennits for decommissioning activities, including a
dredge and fill permit from the D,S, Army Corps of Engineers (Corps) pursuant to
Section 404 of the Clean Water Act (~ 404 permit), PacifiCorp shall provide written
notice to ODEQ of such application and of any proposed changes in decommissioning
activities since the date of issuance of this certification. Within 60 days ofODEQ'
receipt of notice ITom the Corps or other federal permitting agency that it is processing
PacifiCorp s application, ODEQ will notify the federal agency and PacifiCorp either (i)
that this certification is sufficient for purposes ofthe federal permit and permit
conditions, or (ii) that, in light of new infonnation related to the water quality impacts of
decommissioning activities since issuance ofthis certification, there is no longer
reasonable assurance of compliance with state water quality standards. In the latter
event, ODEQ will consider the new information, solicit and consider public and agency
comment as required by law, and issue a Section 401 certification determination for
purposes of the federal permit and decommissioning activities,
b, In the event ODEQ determines that this certification is sufficient for purposes of a federal
permit or permits for decommissioning activities, PacifiCorp shall comply with the
following conditions:
(1) Decommissioning, Unless otherwise approved by ODEQ in consultation with
ODFW, NMFS, USFWS, and CTWS, PacifiCorp shall perform decommissioning in
accordance with the Settlement Agreement and the Decommissioning Plan attached
to and incorporated by reference into the Settlement Agreement.
(2) Erosion and Sediment Control Plan. Before commencement of any in-water
decommissioning activities, PacifiCorp shall develop and submit to ODEQ for
approval, in consultation with ODFW, NMFS, USFWS, and CTWS, an Erosion and
Sediment Control Plan (ESCP) that identifies specific methods that will be
implemented at each work area to protect water quality and aquatic habitat,The
ESCP shall address (i) protection ofthe Hood River from unplanned releases of
sediment and debris during decommissioning activities; (ii) disposition of sediment
and decommissioning debris in accordance with applicable law, PacifiCorp s Spill
Prevention, Control and Countermeasure Plan (SPCC Plan), and public health and
safety; (iii) implementation of permanent revegetation measures consistent with best
management practices; and (iv) dam removal, which shall be conducted in dry
conditions using a coffer dam and artificial channel to divert flows from work areas.
In addition, the ESCP shall specify measures such as berms, ditches, sediment
retention basins, silt fencing, and site restoration to be undertaken by PacifiCorp.
Upon ODEQ approval of the ESCP in consultation with ODFW, NMFS, USFWS,
and CTWS, PacifiCorp shall implement the ESCP during decommissioning activities,
(3) Timing and Notification olIn-Water Work. For all in-water decommissioning work
PacifiCorp shall conduct such work between July 15 and August 31 , or outside of that
time period with the approval ofODFW, NMFS, and USFWS, Actions that are likely to
occur outside of the July 15 to August 31 period include the following decommissioning
actions:
(a) Construction and removal of upstream and downstream cofferdams, cofferdam
materials and culverts;
(b) Removal of the artificial upstream fish passage channel and bypass flume;
(c) Placement of materials (relocated cofferdam materials and available streambed
materials) along the river to create access for removal of remaining portions' of
dam and fish ladder;
(d) Placement of materials to regrade and armor the east and west banks ofthe
river to harden the disturbed areas; and
(e) Regrading ofthe streambed above and below the dam as necessary to assist
with removal of any barriers to fish passage created as a result of
decommissioning activities.
PacifiCorp shall provide NMFS, USFWS, ODFW, and CTWS reasonable notice before
initiating any in-water work, regardless of when it occurs, to enable them to view the
work and recommend fish salvage or other immediate measures to avoid fish stranding or
delay.. PacifiCorp shall undertake such measures with the assistance ofODFW and
CTWS, For purposes of this requirement
, "
in-water work" does not include dam removal
or other decommissioning actions performed in areas that have been dewatered for
purposes of decommissioning actions.
(4) Fish Passage During Dam Removal.
(a) Manner of Fish Passage. During construction ofthe cofferdams associated with
dam removal activities, PacifiCorp shall.extend the existing fish ladder return channel
upstream ofthe dam to above the upstream cofferdam work, and shall install culverts
through the downstream cofferdam to provide continued access to the existing fish
ladder entrance; provided that PacifiCorp shall not provide such fish passage through
the cofferdam culvert ifNMFS, USFWS, ODFW and CTWS agree that such passage
is not necessary. Coincidental to the construction of the cofferdams, PacifiCorp shall
construct an artificial channel extending ftom a mid-point on the existing fish ladder
to a location immediately downstream ofthe downstream cofferdam. Upon
completion of this channel and the bypass channel (described below), PacifiCorp
shall close the fish access through the downstream cofferdam, allowing upstream
migrants to enter the existing fish ladder structure through a newly constructed
access. PacifiCorp shall place rock between the upstream return channel and water
bypass intake to minimize upstream migrant entrainment into the downstream bypass
flume, During dam removal, PacifiCorp shall divert river flow past the work zone
using portions of the existing water conveyance system s steel flume by installing
removed sections of the steel flume ftom above the upstream cofferdam to below the
downstream cofferdam, passing over the overflow section and existing fish ladder.
This will provide downstream fish passage. PacifiCorp shall position the bypass
flume to discharge directly into a pool constructed at the entrance of the upstream
passage channel to attract upstream migrants to the channel. The discharge area shall
be designed with adequate pool area and depth to minimize impingement of
downstream migrants on the bottom or sides of the pool. The requirements of this
condition may be modified with the written agreement ofPacifiCorp,NMFS
USFWS, ODFW and CTWS,
(b) Final Fish Passage Design and Construction Plans, Prior to changing any of the
existing fish passage facilities or constructing any new fish passage facilities
associated with dam removal, PacifiCorp shall prepare final fish passage design and
construction plans in consultation with NMFS, USFWS, ODFW and CTWS. The
final design and construction plans shall be consistent with Condition 3,(4)(a) and
the following criteria, which may be modified with the written agreement of
PacifiCorp, NMFS, USFWS, ODFW and CTWS,
(i) The outfall from the flume shall be designed in accordance with, as
appropriate, sections 7., 7.4,, 7.4.3, 13.10.4, 13.10.5 and 13.10.6 ofNMFS'
Draft Anadromous Salmonid Passage Facility Guidelines and Criteria as ofthe
Effective Date of the Settlement Agreement. In addition, the pool volume and
depth will be designed to minimize pool bottom surface velocities and injury to
fish, For purposes of section 13,10.5, the design will minimize, but may not
completely avoid, creation of false attraction flows, The outfall shall have a 10-
foot minimum drop to Ithe pool below (to prevent adults from entering the pipe),
and shall be designed to provide smooth, rounded edges and surfaces, using
materials similar to the flume, to minimize injury to fish exiting the pipe and to
jumping adults;
(ii) The pipe/flume shall be designed in accordance with, as appropriate, sections
13.1, 13,3.4, 13,5, 13.9.3., 13,9, 13.11,13.13 and 13.9.3,
ofNMFS' Draft Anadromous Salmonid Passage Facility Guidelines and Criteria
as ofthe Effective Date of the Settlement Agreement. Weathered steel surfaces
presently existing on the steel flume sections, or alternatively the galvanized
surfaces of standard culvert material, shall be considered acceptable for this
application, provided that, ifthe interior surfaces of the existing steel flume are
considered to be too rough to meet NMFS' Passage Facility Guidelines and
Criteria, PacifiCorp shall install a liner or conduct sand blasting of the interior
surfaces;
(iii) The temporary approach to the fishway channel entrance shall be constructed
with "field placed" structure materials to optimize local hydraulic conditions,
PacifiCorp shall provide NMFS, USFWS, ODFW and CTWS a minimum of
seven days notice prior to the placement ofthese materials to allow their on-site
participation in field direction ofthis placement work on-site;
(iv) The control structures within the temporary approach channel to the fishway
entrance shall be placed at least one channel width apart. These structures shall
have less than one foot of head differential (measured from upstream of the
boulder control structures to the downstream water surface elevation), and shall
not span the entire width ofthe approach channel (unless the depth provided over
the channel-spanning structure is at least one foot);
(v) If fish will be passing through the temporary culvert(s) installed in the
downstream coffer dam, such culverts shall meet, as appropriate, sections 9,
8 and 9.9 ofNMFS' Draft Anadromous Salmonid Passage Facility
Guidelines and Criteria as of the Effective Date of the Settlement Agreement. In
addition, the bypass shall be designed in accordance with, as appropriate, sections
2 and 9.3.3 ofNMFS' Draft Anadromous Salmonid Passage Facility
Guidelines and Criteria as of the Effective Date of the Settlement Agreement;
(vi) The design shall provide supplemental flow to the fishway discharge to allow
optimal operation ofthe fish ladder and temporary approach channel; and
(vii) The design shall be developed such that flow conveyed in the bypass flume
is delivered below the temporary approach channel in a manner that will
maximize both upstream and downstream passage. The design shall be developed
such that the bypass flume and the upstream temporary approach channel work
together to both attract adult fish to the temporary approach channel, minimize
delay of both upstream and downstream migrants, and minimize injury to fish
passing downstream,
(c) Fish Passage Monitoring and Contingency Plan. By October 1,2004, PacifiCorp
shall conduct a geomorphology suIVey consistent with the scope of work attached as
Exhibit 2 to the Settlement Agreement. PacifiCorp shall provide a final
geomorphology report to NMFS, USFWS, ODFW, ODEQ and CTWS, The report
shall describe: (i) current geomorphic conditions beginning 2200 feet below the dam
(near the stream gage) to 1,000 feet upstream ofthe dam, or above the vegetated
island (whichever is farther); and (ii) the anticipated impact of sediment released from
dam removal on fish passage and aquatic habitat downstream ofthe dam removal site,
PacifiCorp shall develop and implement a fish passage monitoring and mitigation
plan, in consultation with NMFS, USFWS, ODFW, ODEQ and CTWS, and approved
by NMFS, USFWS and ODFW, In the event a fish passage obstruction, as defined
by the plan, is caused or exacerbated by dam removal, PacifiCorp shall restore
adequate fish passage by implementing mitigation measures set forth in the plan.
PacifiCorp shall have no obligation to monitor or mitigate under this condition for
more than one cycle of seasons beyond the return of the river to natural conditions, as
detennined by a team composed of representatives ofNMFS, USFWS, ODFW
CTWS and PacifiCorp, in accordance with the geomorphology report.
4, General Conditions for Compliance with Water Quality Standards and Certification.
a. Fees, PacifiCorp shall pay a fee for ODEQ's costs of overseeing implementation of this
certification, The fee shall be $(2003 dollars) annually, made payable to "State of
Oregon, Department of Environmental Quality," and due on July 1 of each year after
FERC approval of interim operation and decommissioning. The fee shall expire six years
after the first July 1 following FERC approval of interim operation and decommissioning,
unless terminated earlier by ODEQ because oversight of this certification is no longer
necessary, One year before the sixth-anniversary expiration of the fee, ODEQ and
PacifiCorp will review the need, if any, to modify, extend, or tenninate the fee.
PacifiCorp shall continue to pay any fee required after such review.
b, Spill and Waste Management. PacifiCorp shall implement its SPCC Plan and Waste
Management Guidelines. The SPCC Plan and Waste Management Guidelines must
kept current. In the event of a spill or release or threatened spill or release of oil or waste
to state waters, PacifiCorp shall immediately implement the site s SPCC Plan, modified
SPCC Plan, or other applicable contingency plan and notify the Oregon Emergency
Response System at 1-800-452-0311,
c, Certification Modification. Subject to the provisions of OAR Chapter 340 Division 48,
and, as applicable, 33 USC ~ 1341 , ODEQ may reconsider, and add, delete, or alter
conditions to this certification as necessary to address changes in resource conditions or
knowledge or to address any failure of certification conditions to protect water quality
and beneficial uses. In accordance with 33 USC ~ 1341 , any modification to conditions
shall, so long as it is in effect, become a condition of any federal license or pennit
subsequently issued for the Project. With respect to a federal license or permit for the
Project existing at the time ofthe modification to certification conditions, ODEQ may
petition the federal agency to incorporate the modification into the federal license or
pennit.
d, Project Changes. PacifiCorp shall obtain ODEQ review and approval before undertaking
any change to the Project that might significantly affect water quality and that was not
evaluated in connection with this certification, including changes to Project operation and
flows.
e, Project Repair or Maintenance. PacifiCorp shall obtain ODEQ review and approval
before undertaking any Project repair or maintenance activity that might significantly
affect water quality and that was not evaluated in connection with this certification,
f, Access. PacifiCorp shall allow ODEQ reasonable access to Project records and the
Project area as necessary to monitor compliance with certification conditions.
g,
Posting of Certification. PacifiCorp shall post a copy of this certification at a prominentlocation at the Project powerhouse,
EXHIBIT 2
GEOMORPHOLOGY SURVEY SCOPE OF WORK
EXHIBIT 2
GEOMORPHOLOGY SURVEY SCOPE OF WORK
Background
PacifiCorp has commissioned a geomorphology study for a portion ofthe Hood River, in close
proximity to the location ofthe present Powerdale diversion dam, The overall objective of this
study is to evaluate potential changes to the profile and cross section ofthe Hood River in this
general location, and determine the potential for the creation of barriers to fish passage or other
potential aquatic habitat impacts, The work is being conducted in two phases. The first phase
which as completed in December 2002, was comprised of a limited field reconnaissance and
preliminary discussions with members ofthe Powerdale Hydro Project Decommissioning
Settlement Team, The second phase will consist ofthe hydraulic and geomorphic evaluations, an
assessment of potential impacts and development of mitigation and monitoring strategies if the
investigations detennine they are necessary, More specific details of the Scope of Work are
presented below.
Scope of Services - Phase
Site Visit - A geomorphologist and habitat biologist will visit the project site to collect
necessary field data for this evaluation from a geomorphic perspective. The following
tasks will be conducted,
1. Characterize the channel that might be affected by decommissioning
upstream and downstre~ of the dam,2. Detennine the nature of bed and bank materials and identify potential
erosion and sedimentation issues,3, Determine the project survey needs and communicate these to thePacifiCorp Project Manager,
Technical Memorandum - Prepare a brief technical memorandum documenting the
findings of the site visit, addressing initial feedback from the Settlement Team.
Scope of Services - Phase 2
Review Scope and Approach - Coordinate with the PacifiCoip Project Manager and key
Settlement Team members to review the proposed scope and schedule for Phase 2.
Obtain background i~formation related to the project including drawings of the existing
facility and decommissioning plans or other project features, reports on fisheries or
habitat usage, and other information.
Topographic Survey - Conduct a topographical survey of the Hood River in the vicinity
of Power dale dam exten~ing 2 200 feet below the dam (near the existing staff gauge) to
000 feet upstream of the dam or above the vegetated island (whichever is further), This
survey shall include the following specific work.
1. Longitudinal profile of the thalweg, edge of water, and floodplain edge
(banks), with data collected approximately every 25 feet horizontal, or at all
elevation changes of I foot or more.2. Cross-sections every 300 feet, which include the active channel, banks and
floodplain areas, ttom the upstream end of the survey area to at least 1.000 feet
downstream of the dam,3. More closely spaced cross-sections near the dam (four above and two
below, on channel width apart as measured downstream of the dam (50 to 100 feet
apart),
Bed Material Sampling - Bed material sampling at four locations shall be conducted using
the Wolman pebble count method for characterization of the surface particle size
distribution. All sampling shall be conducted in rifles or runs.
Upstream end of the topographic survey area (upstream of the island),
Within the existing diversion dam pool area.
Downstream ofthe diversion dam within 200 feet
At the downstream end of the topographic survey area.
Preliminary Hydraulic Analysis - Based on river surveys and aerial photos prepare a
backwater model and complete a preliminary analysis of water levels, velocities and the
extent ofthe backwater ttom the existing dam. Estimate changes in water levels and
velocities to be expected following decommissioning.
The level of hydraulic analysis necessary for this projeCt will be detennined after the
topographic survey and bed material data are collected, The technical team determining
the need and intensity of a hydraulic analysis will include technical specialists ttom
PacifiCorp, USFWS and NOAA Fisheries.
Additional Site Visit (optional) - If necessary an additional site visit will be conducted to
collect additional field data for this evaluation.
Detailed Hydraulic Analysis - Based on the surveyed profile and cross sections and site
observations, evaluate the stability of bed material and predict the short and long term
channel bed profiles that might be expected to develop along the Hood River, its side
channels and tributaries following the removal ofthe Powerdale diversion dam.
Assessment of Passage Issues - Based on site observations and the predicted bed profiles
evaluate the potential for short-term or long-term upstream fish passage issues which may
occur after removal ofthe Powerdale diversion darn.
Site Habitat Impacts - Based on site observations, predicted bed profiles and cross
sections evaluate potential physical changes to in-stream habitat, such as pool areas, or
riparian vegetation that might occur following removal of the Powerdale diversion dam.
10.
11.
Mitigation or Compensation - Identify potential mitigation and monitoring strategies to
address any issues regarding upstream passage or loss of habitat at the site, Review these
potential strategies with the PacifiCorp project manager and the Powerdale Settlement
Team.
Recommendations - Develop recommendations for:
10.1, Modifications to the dam removal strategy to minimize the potential forfish passage problems,
10,2, Provide a strategy for mitigation of other potential habitat impacts.
10.3. Recommend a monitoring plan for the area covered by the topographicsurvey,
Present Findings / Deliverables
11,1. Prepare a Draft Report summarizing the results of the investigations and
study work.
11.2, Collect comments from PacifiCorp and the Powerdale Settlement Team.
11.3, Prepare a Final Report Incorporating review comments, all study data,
documentation of model data and results, all associated figures and tables, and
recommendations.
EXHIBIT 3
FIRST AMENDED LEASE (HYDRO LANDS)
EXHIBIT 3
FIRST AMENDMENT
PERMIT (HYDRO LANDS)
THIS FIRST AMENDMENT is entered into on this !gay of May, 2003, between
PacifiCorp, an Oregon corporation ("PacifiCorp ) and the Bonneville Power Administration
Permittee
Recitals
A, PacifiCorp and the Permittee entered into a "Permit (Hydro Lands)" dated June
, 1995 (the "Permit") concerning, among other matters set forth in the Permit, the Powerdale
Dam Fish Trapping Facility (the "Facility"
B, The Pennit allows Permittee to occupy and use the real property located in Hood
River, Oregon. and described on attached Exhibit A (the "Premises ), in accordance with the
terms and conditions of the Permit.
C, PacifiCorp and Permittee wish to amend the Permit as set forth in this First.
Amendment.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Defined Terms. Except as otherwise noted, defined terms used in this First
Amendment (as indicated by initial capitalization) shall have the meaning given to those terms in
the Permit.
following:
Term, Paragraph 1 of the Permit is hereby deleted and replaced with the
1, Term: This pennit shall be in effect for a term
commencing on June 21 , 1995 and ending on February 29, 2012.
I 3, Removal of Facilitv Assets.The following is hereby added to the Permit as
Paragraph 32:
32. Removal ofFacilitv Assets
(a) Pennittee acknowledges that PacifiCorp intends to
remove the diversion dam at PacifiCorp s Powerdale Hydroelectric
Project (the "Dam ) pursuant to a Settlement Agreement executed
in May, 2003 between PacifiCorp and the National Marine
Fisheries Service et al. (the "Agreement"), To facilitate removal
ofthe Dam, Permittee authorizes PacifiCorp (i) to remove and
dispose of from the Premises the Facility and all associated
buildings, structures, improvements, equipment, material, property
and other assets of any nature whatsoever, including but not
limited to the Water Line contemp lated by Paragraph 15 and, at
PacifiCorp s sole discretion, the portion of the access road
contemplated by Paragraph 17 that is on PacifiCorp property
(collectively, the "Facility Assets ), (ii) to restore the soil surface
subsurface, and vegetation on the Premises and the lands affected
by the Water Line and, if applicable, the access road to a condition
that will support native plant communities similar to those that
occupied the site immediately before Pennittee began its use and
occupancy thereof (although PacifiCorp may Use non-native
grasses to control erosion if it is reasonable to do so), and (iii) to
undertake all necessary and desirable design, permitting,
engineering, project management, restoration and mitigation
services in connection with such removal and restoration ((i)
through(iii) are hereinafter collectively referred to as the
Removal Work"), PacifiCorp shall not, however, remove the
portion or portions ofthe Facility required to pass fish during Dam
removal until such fish passage is no longer necessary pursuant to
the Agreement.
(b) On or before the tenth (10 ) day of each month
PacifiCorp will subI!lit an invoice to Permittee for any reasonable
out-of-pocket and overhead costs paid or incurred by PacifiCorp in
performing or causing the performance of Removal Work in the
prior calendar month, The invoice shall have sufficient detail to
allow Permittee to determine the appropriateness of each cost.
Permittee shall reimburse PacifiCorp s costs within thirty (30) days
of receipt of an invoice, Late payments shall bear interest at the
rate of 10% per annum from the date due until paid; provided
however that the interest rate shall not exceed the maximum rate
allowed by law. If Permittee questions the reasonableness of any
costs submitted on an invoice, Pennittee shall pay any undisputed
amount and shall notify PacifiCorp ofthe dispute as promptly as
possible and in any case before payment is due. If subsequent
efforts by the parties do not resolve the question, Permittee may
audit PacifiCorp s costs paid or incurred in performing or causing
the performance of Removal Work. Permittee shall complete any
such audit no later than sixty (60) days after receiving PacifiCorp
invoice. If Permittee is determined to owe the disputed amount or
any portion thereof, it shall pay the amount due plus interest at the
rate set forth above. To the extent that PacifICorp wishes to
engage a third party to perform all or any part of the Removal
Work, it shall consult with Permittee concerning the selection of
the third party.
(c) Upon commencement of the Removal Work all
right and title to Pennittee s Facility Assets shall vest in
PacifiCorp, and PacifiCorp shall have no liability to Permittee for
damage to the Fish Trapping Facility Assets and associated
improvements, equipment and property incurred in connection
with removal by PacifiCorp.
4. Effect of First Amendment.The Permit, as modified by this First Amendment,
remains in full force and effect in accordance with its tenus. If there is a conflict between the
Pennit and this First Amendment, the First Amendment shall control.
IN WITNESS WHEREOF, the: Parties have entered into this First Amendment as of the
date set forth above,
BONNEVLILLE POWER ADMINISTRATION
Y~~
Pri ted Name::::J2j I-fJ ~w tJ;G:./l-
Title:l1t7t"' ~ .M
EXHIBIT A
Le2al Description
Tract PDFF-FF-, a tract orland for the Powerdale Dam Fish Trapping
Facility site, as described in Exhibit A attached hereto and by this
reference made a part hereof.
Tract PDFF-FF-2: a strip orland lO-feet wide, for the construction,
operation and maintenance of a waterline, being 5 feet on each side of and
parallel with the centerline, with an extension thereof over and across
Hood River, attached to the Pacificorp Powerdale Dam, in part of the
SE1I4SE1I4 of Section II and part of the SW1I4SW1I4 of Section 12,
Township 2 North, Range 10 East, Willamette Meridian, Hood River
county, Oregon. Said waterline centerline is shown on the drawing
attached hereto as Exhibit B and by this reference made a part hereof.
Tract PDFF-FF-AR-PI: a right-of-way of variable width for a road to
be constructed over and across part of the W1I2SWl/4 and part of the
NE1I4SW1I4 of Section 12, Township 2 North, Range lO East of the
Willamette Meridian, Hood River County, Oregon, as shown on the
drawing attached hereto as Exhibit C and by this reference made a part
hereof. This right-of-way is permitted to cross under Pacific s 69kV
powerline as described in tracts PDFF-AR-, IA; PDFF-AR-I, IB; PDFF-
AR-I, 3A; PDFF-AR-I, 3B as described in Exhibit D attached hereto and
by this reference made a part hereof,
Use of existing access road refelTed to as Copper Dam Road, across
Pacific s property located in part of the W1I2SW1I4 of Section 12, and
part of the SE1I4SEl/4 of Section II , in Township 2 North, Range lO
Eas~, lying northwesterly ofthe Hood River in Hood River County,
Oregon, Copper Dam Road is shown on the drawing attached hereto as
Exhibit B and by this reference made a part hereof.
Temporary use of staging area as shown on the drawing attached hereto as
Exhibit E and by this reference made a part hereof. Temporary use of Pacific
powerline access road easement which crosses Neal Creek. Temporary use of
staging area and access road easement will terminate upon completion of
construction of the Powerdale Dam Fish Trapping Facility, or on December 31
1997, whichever comes first.
EXHIBIT 4
CONSERVATION EASEMENT FOR SUBJECT LANDS
EXHIBIT 4
CONSERVATION EASEMENT FOR SUBJECT LANDS
DEED OF CONSERVATION EASEMENT
FOR POWERDALE PROJECT LANDS
THIS GRANT DEED OF CONSER VA TION EASEMENT ("Conservation Easement"
is made this day of , 20 , by
Grantor ) in favor of Oregon Department of Fish and Wildlife ("ODFW"); Confederated
Tribes of the Wann Springs Reservation of Oregon ("CTWS"); Hood River Watershed Group
("HRWG"), Hood River County Parks and Buildings ("HRCPB"); and Hood River Valley Parks
and Recreation District ("HRVPRD"), referred to collectively as "Grantees,
RECITALS
A. Grantor is the fee simple owner of the real property commonly known as the
Powerdale Project Lands (the "Project Lands") in Hood River County, Oregon, described in
Exhibit A, attached to this deed and incorporated by reference.
B. Some or all Grantees are parties to the Settlement Agreement Concerning the
Interim Operation and Decommissioning of the Powerdale Hydroelectric Project dated
, 2003 (the "Settlement Agreement"). The Settlement Agreement provides
for the conveyance of the Project Lands subject to a Conservation Easement for certain stated
purposes to an entity to be identified by Grantees,
C, Grantees have identified Grantor as the party to take conveyance of the Project
Lands in accordance with the terms of the Settlement Agreement.
D, Grantor intends to convey to Grantees the right to preserve and protect the
wildlife habitat, recreation and other values ofthe Project Lands, in accordance with the Goals
listed in Section III below, in perpetuity.
E, The parties to this Conservation Easement ("Parties ) intend that this
Conservation Easement comply with the requirements of, and be construed in accordance with
ORS 271.715 to 271.795 , as amended.
II.CONVEYANCE AND CONSIDERATION
For and in consideration ofthe conveyance ofthe Project Lands to Grantor in accordance
with the Settlement Agreement, Grantor hereby voluntarily grants and conveys to Grantees a
Conservation Easement of the nature and character and to the extent hereinafter set forth over the
Project Lands in perpetuity. This Conservation Easement shall be an easement in gross and shall
run with the land as an incorporeal interest in the Project Lands. Grantor shall record this
Conservation Easement in the records of deeds of real property in the county where the Proj ect
Lands are located, as authorized by ORS 271.725 and ORS 93.710,
III.PURPOSE
It is the purpose of this Conservation Easement to achieve the following Goals:
Goal 1: Protect the existing fish and wildlife habitat while allowing for habitat
restoration and enhancement;
Goal 2: Retain existing recreational uses and allow improvements commensurate with
those uses, provided such uses and improvements are consistent with Goal 1;
Goal 3: Allow for expanded recreational and educational opportunities, provided those
are consistent with Goal I; and
Goal 4: Acknowledge and preserve the right of CTWS tribal members to exercise their
Treaty secured off-reservation fishing rights on the Subj ect Lands by utilizing the Subject Lands
to access usual and accustomed fishing sites.
Grantor intends that this Conservation Easement will confine the use ofthe Project Lands
to such activities as are consistent with this purpose. Grantees shall have the right, but not the
obligation, to enforce any and all terms ofthis Conservation Easement,
IV.PROHIBITED USES
Grantor will ensure that Project Lands will be managed in accordance with the Goals
listed in Section HI, above, The Parties intend that any activity that violates the Goals is
prohibited. Prohibited uses of Project Lands include, but are not limited to, those specificallylisted below: I. Timber harvesting, or the removal of other shrubbery or vegetation, except
harvesting conducted for the purpose of improving fish or wildlife habitat, or as is necessary for
proper fire management, for disease protection, or as is necessary for protection of person orproperty; 2. All commercial or industrial uses of Project Lands, except that the existing
fruit orchard and electrical generation uses may be continued pursuant to the terms of the
applicable agreements and permits in existence as ofthe current date, including any subsequent
amendments or renewals thereof;
3, Depositing of soil, trash, ashes, garbage, waste, bio-solids or any other
material, except as allowed under applicable federal, state, and local laws at approved locations;
Diking, draining, filling, dredging or removal of any wetland or wetlands;
5. Excavating, dredging or removing ofloam, gravel, soil, rock, minerals
sand, hydrocarbons or other materials, except as needed to achieve the Goals listed in Section III;
6. Otherwise altering the general topography of the Property, including but
not limited to building of roads and flood control work, except for work related to the
accomplishment of the Goals listed in Section 1lI; and7. Granting any easement, lien, or other property interest that might affect
the purpose ofthis Conservation Easement without the written consent of all existing Grantees.
8. Any other use that, overall, the Grantor or Grantees determine has a
material negative impact on those Goals listed in Section III,
PERMITTED USES
Grantor reserves, for itself and its heirs, successors, and assigns, the right to pursue
activities on or use of the Project Lands which are consistent with the purpose of this
Conservation Easement and which are not otherwise prohibited under Section
VI.RIGHTS CONVEYED TO GRANTEES
To accomplish the purpose ofthis Conservation Easement, Grantor conveys the
following rights to Grantees:1. The right to enter the Project Lands at reasonable times to monitor
compliance with, and to enforce or otherwise exercise their rights under, this Conservation
Easement;2, The right to prevent any activity on, or use of, the Project Lands that is
inconsistent with the purpose ofthis Conservation Easement or Prohibited Uses; and
3. The right to require Grantor to restore any areas or features ofthe Project
Lands that are damaged by any activity prohibited by, or inconsistent with, this Conservation
Easement.
VII.ENFORCEMENT AND REMEDIES
A. Remedies. Upon any violation of the tenus of this Conservation Easement by
Grantor, and after providing notice of such breach and opportunity to cure as provided below
Grantees, jointly or severally, may exercise any or all of the following remedies:
1, Institute suits to enjoin any breach or enforce any covenant by ex parte
temporary, and/or pennanent injunction, either prohibitive or mandatory; and
2, Require that the Project Lands be restored promptly to their condition
prior to the violation.
Grantees' remedies shall be cumulative and shall be in addition to any other rights and
remedies available to Grantees at law or equity, If Grantors are found to have breached any of
the Terms under this Conservation Easement, Grantors shall reimburse Grantees for any costs or
expenses incurred by Grantees in enforcing this Conservation Easement, including court costs
and reasonable attorney's fees.
B. Notice and Opportunity to Cure.At least thirty (30) days before filing any legal
action to enforce this Conservation Easement, Grantee or Grantees shall provide Grantor with
written notice identifying the violation and demanding corrective action to cure the violation and
if applicable, to restore the Project Lands; provided, however, that if at any time Grantee or
Grantees determine that the violation constitutes immediate and irreparable harm, no written
notice is required and Grantee or Grantees may immediately pursue legal remedies to prevent or
limit such harm, If Grantor fails to cure any such violation within thirty (30) days of its receipt
of such notice, Grantee or Grantees may institute suit as described above,
C. Effect of Failure to Enforce.No failure or delay on the part of Grantees to
enforce this Conservation Easement or any of its terms shall discharge or invalidate this
Conservation Easement or any of its terms; nor shall such failure or delay affect the right of
Grantees to enforce the same at a later date, or in the event of a subsequent violation or breach,
D. Effect of Multiple Grantees.Each Grantee has independent authority to enforce
this Conservation Easement. In the event that Grantees do not agree as to whether the Grantor is
in compliance with this Conservation Easement, each Grantee may independently proceed with
enforcement actions with the written consent of a majority of existing Grantees,
VIII. MISCELLANEOUS
A, Modification.This Conservation Easement may not be modified except by a
written instrument signed and dated by Grantor (or its successor) and each existing Grantee (or
its successor),
B, Assignment.No Grantee may assign any of its rights, interests, or obligations
under this Conservation Easement without the prior written consent of each existing Grantee.
C, Binding Effect.This Conservation Easement shall be binding on and inure to the
benefit of the Parties and their respective heirs, personal representatives, successors, and
permitted assigns.
- IX.SIGNATURE AND ACKNOWLEDGMENTS
To have and to hold the easement herein granted unto GRANTEES and its successors and
assigns, forever, IN WITNESS WHEREOF, the undersigned Grantor has executed this
instrument this day of ,
NAME:
TITLE:
County of
) ss,
STATE OF OREGON
The foregoing instrument was acknowledged before me this day of
-, by
Notary Public for Oregon
EXHIBIT 5
APPLICABLE NMFS DRAFT ANADROMOUS SALMONID
PASSAGE FACILITY GUIDELINES AND CRITERIA
EXHmIT 5
APPLICABLE NMFS DRAFT ANADROMOUS SALMONID
PASSAGE FACILITY GUIDELINES AND CRITERIA
***
4 Vertical Drop Structures - Description: A vertical drop structure can function as an exclusion
barrier by providing total project head in excess of the leaping ability ofthe target fish species.
These can be a concrete monolith, rubber dam, or approved alternative, Vertical drop structure
criteria include the following:
1 The minimum height for vertical drop structure shall be 10 feet relative to the tailrace high
design flow elevation.
2 To minimize the potential for leaping injuries, a minimum of2 feet cantilevered ledge shall
be provided,
4.3 Provision shall be made to ensure that fish jumping at the drop structure flow will land in a
minimum 5 foot deep pool, without contacting any solid surface.
***
2 Culvert Slope - The culvert shall be placed level (0% slope),
3.3 Embedment - The bottom of the culvert shall be buried into the streambed not less than
20% of the culvert height at the outlet and not more than 40% of the culvert height at the inlet.
***
5 Temporary crossings, placed in salmonid streams for water diversion during construction
activities, shall meet all of the guidelines in this document. However, ifit can be shown that the
location of a temporary crossing in the stream network is not a fish passage concern at the time .
the project, then the construction activity only needs to minimize erosion, sediment delivery, and
impact to surrounding riparian vegetation,
***
8 Construction disturbance to the area shall be minimized and the activity shall not adversely
impact fish migration or spawning.
9 Ifsalmon are likely to be present, fish clearing or salvage operations shall be conducted by
qualified personnel prior to construction, If these fish are listed as threatened or endangered
. NMFS draft as of the Effective Date of the Settlement Agreement. The draft criteria
listed in this Exhibit 5 are the agreed-upon criteria for this Settlement Agreement.
under the federal or state Endangered Species Act, consult directly with NOAA Fisheries
biologists to gain authorization for these activities. Care shall be taken to ensure fish are not
chased up under banks or logs that will be removed or dislocated by construction, Return any
stranded fish to a suitable location in a nearby live stream by a method that does not require
handling of the fish.
***
13.9.3.1 Bypass pipes and joints shall have smooth surfaces to provide conditions that minimize
turbulence, risk of catching debris and the potential for fish injury, Pipe joints may be subject to
inspection and approval by NOAA Fisheries prior to implementation of the bypass.
*..
13.3.4 In general, bypass flows should be open channel. If required by site conditions, pressures
in the bypass pipe shall be equal to or above atmospheric pressures. In no instance shall there be
pressurized to non-pressurized (or vice-versa) transitions within the pipe, Bypass pipes shall be
designed to allow trapped air to escape,
...
13.9.3.5 Bends should be avoided in the layout of bypass pipes due to the potential for debris
clogging and turbulence. The ratio of bypass pipe center-line radius of curvature to pipe diameter
(RID) shall be greater than or equal to 5. Greater RID may be required for super-critical
velocities.
13,6 Bypass pipes or open channels shall be designed to minimize debris clogging and
sediment deposition and to facilitate inspection and cleaning as necessary, Access ports shall be
provided to allow for detection and removal of debris.
.**
13,9.3,9 The design pipe velocity should be between 6 and 12 fps for the entire operational range.
If higher velocities are approved, special attention to pipe and joint smoothness is required. In no
instance shall pipe velocity be less than 2 fps
**.
13,9.3.11 Closure valves of any type are not allowed within the bypass pipe unless specifically
approved based on demonstrated fish safety.
***
13,13, There should not be a hydraulic jump within the pipe, unless a weak jump is
specifically approved by NOAA Fisheries.
13.9.3.14 The bypass pipe design shall facilitate the detection and removal of debris that may
lodge in the pipe.
***
13-.10.4 Maximum bypass outfall impact velocity (Le. the velocity of bypass flow entering the
river) including vertical and horizontal velocity components shall be less than 25.0 ftIs.
13.10.5 The b)!pass outfall discharge into the receiving water shall be designed to avoid attraction
of adult fish thereby reducing the potential for jumping injuries.
13.1 0.6 The bypass outfall design must allow for the potential attraction of adult fish, by
provision of a safe landing zone if attraction to the outfall flow can potentially occur,
***
EXHIBIT 3
. (Part
LETTER TO FERC
~ ~~~l Et~c RP ENERGY
8~ NE Multnomah. Suite I Soo
Portland. OR 9n32
February 1 2007
Magalie Roman Salas
Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426
Subject: Powerdale Hydroelectric Project, FERC Project No. 2659
Request to Cease Generation Early
Dear Secretary Salas:
On November 7, 2006, the Powerdale project was badly damaged by a debris flow and
floodwater in the Hood River, which resulted from more than seven inches of
precipitation on Mt. Hood in a 24-hour period. Portions of several glaciers eroded and a
massive debris torrent flowed down the mountain, destroying several sections of
highway, and significantly damaging numerous irrigation and power diversion structures
located along Hood River. Damage to the Powerdale project consisted of destroyed steel
and woodstave sections of flowline, flooding of the powerhouse and switchyard, and
significant sediment deposition at the diversion dam intake and powerhouse tailrace,
PacifiCorp notified the Federal Energy Regulatory Commission (FERC) on November 8
by telephone of the flood event and associated damage to the project, and on November
22 filed a detailed incident report with the FERC office in Portland, Oregon, outlining
actions that the company was undertaking to stabilize the damaged project and ensure
public safety. The report was also forwarded to Hossein Ildari of the Division of
Hydropower Administration and Compliance in Washington, D,C, The major actions that
have been undertaken so far include:
Blocked public access to all dangerous areas.
Removed hazardous materials from the shop and chemical storage building to
avoid them from becoming inundated during future high-flow events.
Removed steel flowline sections that collapsed and fell into the river, or were in
imminent danger of collapsing,
Removed the damaged woodstave flowline section and other woodstave sections
facing imminent collapse,
Stabilized remaining woodstave flowline sections to reduce the risk of collapse,
Installed security bulkhead on aU open flowline sections.
Magalie Roman Salas
February 1, 2007
Page 2
The stabilization work is nearly complete; all necessary precautions have been taken and
will continue to be taken to ensure public safety. Public access will be restored soon to
the recreation area at Powerdale Park near the upper dam site, and the day-use recreation
site near the powerhouse.Temporary closings may arise in the future if a situation
presents a potential risk to the public,
In order to evaluate options going forward, PacifiCorp perfonned an economic analysis
of project reconstruction versus cessation of generation. A reconstruction schedule was
developed that would put the plant back in service by June 30, 2007. The estimated cost
to stabilize, rebuild and restore operations is $4.46 million. A financial analysis was
performed using this figure and the following assumptions: 1) formal decommissioning
begins April 2010 in accordance with the FERC Order Amending License, Accepting
Surrender, and Dismissing Application For New License issued November, 2005; and 2)
the plant could potentially generate only 47 000 megawatt hours over the remaining three
years of operations. The analysis concluded that there would be a substantial savings to
the customerlratepayer ITom ceasing generation versus restoring project operations for the
remaining three-year period of operation. The loss of generation ,will be replaced by
generation ITom other PacifiCorp generation facilities, or from purchase on the open
market.
Based on the financial -analysis, coupled with the risk of attempting to operate the plant
with the current and likely unstable future river conditions, PacifiCorp has decided to file
this request with the FERC to permanently cease generation 'early at the project. The
request to cease generation is consistent with Section 5.1 of the Powerdale Settlement
Agreement (pacifiCorp 2003), which states:
...
If PacifiCorp determines at its sole
discretion at any time prior to decommissioning that, due to a catastrophic event that
affects the Project, continued operation of the Project would be uneconomic, PacifiCorp
may cease generating power at the Project
The FERC Order also contemplates early project retirement, and states in Section
Early Project Retirement, Item 28 that PacifiCorp may at some future date file a request
to cease generation and retire the project earlier than the deadline adopted by the order,
However, the Commission also makes it clear in Section 11 of the order that it supports
the idea of delaying surrender until 2010 to allow for completion of fisheries studies
being conducted at the fish sorting facility, because successful completion of studies is
dependent on operation of the existing fish ladder and dam.
For the reasons discussed above PacifiCorp hereby requests to cease generation effective
immediately. We will defer consideration of beginning formal decommissioning
activities prior to April 2010 until we have consulted with the settlement parties.
Magalie Roman Salas
February 1 2007
Page 3
If you have any questions or wish to discuss this further please contact Dave Leonhardt
Implementation Program Manager at [phone].
R. A. Landolt
Managing Director, Hydro Resources
RAL:BW:anp
cc:Hossein Ildari, Deputy Director
Federal Energy Regulatory Commission
Division of Hydropower Administration and
Compliance
888 First Street, NE
Washington, DC 20426
Patrick Regan, Regional Engineer
Federal Energy Regulatory Commission
Division of Dam Safety and Inspections
Portland Regional Office
101 SW Main Street, Suite 905
Portland, OR 97204
Magalie Roman Salas
February 1,2007
Page 4
Letter to FERC
via FEDEX
Subject: Powerdale Hydroelectric Project, FERC Project No. 2659
Request to Cease Generation Early
Internal Distribution via email
bec:Atwood; T. Becker; Bomemeier; D. Brower; Denham; deTar, Chane; Fields;
Flak; G, Hazlett; Hemstreet; Leonhardt; O'Connor; Sample; Strande; Sturtevant;
Wazlaw; Weatherly
Roger Weaver, Regulation
Michael Hess, NTO
Cherise Dram, Stoel Rives - Seattle
File
EXHIBIT 3
. (Part 2)
FERC APPROVAL LETTER
FEDERAL ENERGY REGULATORY COMMISSION
Office of Energy Projects
Division of Dam Safety and Inspections
Portland Regional Office
10.) S.W. Main Street, Suite #905
Portland, Oregon 97204
'1 ,
In reply refer to:
2659-
Mr. Randy Landolt
Managing Director, Hyrdo Resources
825 NE Multnomah ST #1500
Portland. OR 97232
Dear Mr. Landolt:
This is to acknowledge your November 22 2006 letter transmitting three copies
of the Flowline Failure and Flood Damage Report for the Powerdale Project
FERC No. 2659. We have reviewed the report and have no comments.
Please submit, within 60 days of the date of this letter, a Plan and Schedule for
restoring operation or decommissioning of the Powerdale Project.
Thank you for your continued cooperation relative to project safety, If you have
any questions, please contact Ms. Kathleen Clarkson of this office at [phone].
inCerelY
: ,~ "
PatricK J. Regan, P.
Regional Engineer
EXHIB IT 4
PACIFICORP HYDRO RESOURCES
COMP ARA TIVE ANALYSIS
POWERDALE
OPTION 1 "OPERATION"
OPTION 2 "SHUT DOWN"
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Appendix 4.
Project Stabilization Estimate
QTY UNIT SlUnit OMAG CAPEXDescription REMOVAL ARO Note
Initial Response
Response/Site Assessment/Analysis Is $ 50,000 $ 50 000
Total $ 50,000
Seal Head Gate
Plug head gate with oakum $ 1 000 $ 10 000
Total $ 10 000
Fish Paslage
Repair fish attraction pump & piping $ 10,000
Contingency (25%) $ 2,500
EngineeringlProject Management/Intemal Labor (10%) $ 1,000
Permitting (5%) $ 500
Total $ 14 000
Powerhouse Stabilization
Dewatering and site drainage restoration
Substation environmental assessment
Is $ 30,000
Is $ 25,000
Subtotal
Contingency (25%)
ermitting
Total
$ 30,000
$ 25,000
$ 55,000
$ 13,750$ 3,000
$ 71,750
Public Access Restoration
Fabricate and install stairway
Miscellaneous catwalk modifications
Establish flowline detour trail
$ 30 000
$ 20,000
$ 10,000
Subtotal
Contingency (25%)
EngineeringlProject Management/Intema1 Labor (10%)
Pennitting (5%)
Subtotal
AFUDC (8.3%)
AP SURCHARGE (5.9%)
Total
Collapsed Steel Flowline Removal
Mobilization
Site a=s
Maneuver pipe sections to shore
Demo and remove steel pipe
Remove cone. saddles
Install security bulkhead
Remove damaged seawall section
..... I or 4
$ 35,000
$ 40,000
$ 60,000
240ea 300ea $ 10,000
Is $ 20,000
Subtotal
Contingency (25%)
EngineeringlProject Management/Intemal Labor (10%)
Pennitting (5%)
Subtotal
AFUDC (8.3%)
Total
170
30,000
20,000
10,000
60,000
15,000
000
000
84,000
972
956
95,928
$35,000
$40,000
$60,000
$40,800
$1,800
$40,000
$20,000
$237,600
$59,400
$23,760
$11,880
$332,640
$27,609
$360,249
See Note 2
See Note 3
See Note 1
See Note 1
See Note 4
_11.06 E-1tmIedioIioII c-..JI
Appendix 4.
Project Stabilization Estimate
Description QTY UNIT SlUnit OMAG CAPEX REMOVAL ARO Note
Wood Stave Flowline Removal
Mobilization 000 20,000 See Note 2
Wood stave pipe (remove)500 100 000 See Note I
Surface restoration 30,000 30,000
Install securi bulkhead 10,000 20,000
Total 120,000
OMAG CAPEX REMOVAL ARO TOTAL
TOTAL PROmer COST S 145,750 95,928 360,249 120,000 721,927
Note 1: Engineer's and contractor estimate developed prior to SA x 1.5 for reduced economy of scale
Note 2: Mobilization = 20% of total
Note 3: Cut through existing pipe and grade trail to river bank
Note 4: In water work
ARO: Assett Retirement Obligation
1'uwenIoIe,II-G6E--c-.u
..... 2 01'4
Appenda 4,
Projeet Reconstruction Estimate
Description QTY UNIT SIVnit OMAG CAPEX REMOVAL ARO Note
Flowline RepairlReplacement
RepairlReplace Wood Stave Flowline 370 500 555,000 See Note I
Miscellaneous wood stave liner/repair 300 333 99,900
Steel flowline mobilization 30,000 50,000
Remove and scrap slid flowline section 155 600 000
Construct 200' cofferdam and fill eroded foundation area 519 30,370 See Note 2
Dewatering $ 250,000 250,000
Fonn and pour new collapsed flowline foundations $ 300,000 300,000
Repair upper portion of slid pipe foundations 20,000 120,000
New steel flowline (material only)325 800 260,000
Steel flowline installation 325 000 325,000
Remove cofferdam 1333 13,333
Contingenc)! (25%)524 151
Subtotal S 2,620,755
EngineeringlProject Managementllntemal LaborlPermitting (25%)655 189
Subotal S 3,275,943
AFUDC (8.3%)271,903
CAP SURCHARGE (5.193,281
Loaded Project Total S 3,741,127
Powerhouse Dred
Dred e tailrace and connect to new river channel 000 20,000
Subtotal 20,000
Project Stabilization Total $145,750 95,928 360,249 120,000
OMAG CAPEX REMOVAL ARO TOTAL
TOTAL PROJECT COST S 165,750 S 3,837,055 360,249 120,000 S 4,483,054
Note I: Assume new material on existing foundations
Note 2: Cofferdam required for foundation excavation and placement
ARO: Assett Retirement Obligation
11.06 E- RemcdiaIioa c-..Is""3of4
Appendb 4.3
Powerdale Decommission Plan
Item QTY UNIT SlUnlt OMAG CAPEX REMOVAL ARO Note
rolect ecom ss on
Survey 35,000'000
River Diversion 470,030 470,030
River Bypass 380,830 380,830
Sediment and Erosion Control 177,909 177 909
Dam 513,628 $ 1 513,628
Intake 446,625 446,625
Misc. SInICtUreS 35,032 35,032
CaoaI 082 082
Metal Flume 163,793 163 793
Sand Settling Basin 319,538 319,538
Transition Structure 69,842 69,842
Flowline 694,340 694,340
Surge Tank 172,555.172,555
Powerhouse 891,489 891,489
Substation 90,766 90,766
Restoration 66,252 66,252
P .I i
Project Decomission Total S 5,534,709
Pro ed Stabilization
TOTAL PROJECf COST
OMAG CAPEX REMOVAL ARO TOTAL
I S 145,750 I S 95,928 I S 360,249 I S 5,654,709 I S 6,256,636
ARO: AssetI Retirement Obligation
_11-G6E...._c...m
..... 4 of 4