Sierra Salmon Alliance

Honorable Kimberly D. Bose                                                          January 13, 2012
Federal Energy Regulatory Commission
888First ST., N.E.
Washington, D.C. 20426-001

Filed electronically via the Internet in lieu of paper

RE: P-2266-096 Yuba-Bear Project

RE: P-2310-173 Drum-Spalding Project

Secretary Bose,

Purpose:

1. Requesting a minimum two year delay of the issuing of the P-2266-096 Yuba –Bear and P-2310-173 Drum Spalding licenses from the Federal Energy Regulatory Commission.

2. Remove Licensees as section 106 monitors and establish new section 106 monitor guidelines for all remaining FERC HydroPower/ Transmission Lines relicensings in California.

Reasons:

• Pacific Gas & Electric and Nevada Irrigation District have failed to provide and implement a historical and cultural properties recovery and documentation procedure as agreed to in the 2007 Historical and Traditional cultural properties study group.  (If a licensee employee discovers a arrow head, 1800 bottle or burial beads what do they do with the discovery and how is it documented. In 2007 licensees stated that in 50 years they have no records of any findings??????)

  What is in place for the new license FERC?

• No Socio-Economic Study group to address issues.
• Salmonid habitat and ecological destruction – This license affects the Yuba River, Bear River, Feather River, American River, all western Placer County and many Nevada County Creeks. This license also affects Native Cultures, general public fisherman, and public commerce. FERC has failed to address the Feather, S.American and has only the Yuba Rivers, N.M. American  and Western Placer Creeks with pending FERC licenses. California Valley Salmon are in Danger and are in need of action from these relicensings. A small percentage must remain in reserve to support salmonids because hydro economics have always and continue to support the genetic extinction of each watershed species impacting the whole Central California Valley Eco-System and the associated commerce.
• Private Micro-hydro and Hydro development on existing infrastructure. Securing a funding stream to support National lands and fish passage priority from these endless possibilities now only enjoyed by PGE, water agencies and licensees. Look to new applications and other operator filings.(One of the largest FERC canal systems in the United States.)
• Human and animal deaths on FERC Canals. Severing of animal migration needs and the creation of unstudied recreation/trespassing access.
• Funding Stream for Federal Agencies (National Forests and Bureau of Land Management) to protect and maintain public lands which is the source of most public water. For-profit company PGE and water agencies have positive gains from public water. A percentage of this profit can and should support, protect and maintain the ecological sustainability of the watershed.
• Emergency and maintenance plan that include Bonds/insurance to protect against canal failure and the protection of the major public water source for Placer and Nevada counties. The 2011 canal failure and the Bear River mud slide and blockage serve as two prime examples for the need for a Disaster Preparedness and Recovery Plan.
• FERC failure to address issues from previous comments.
• With FERC Hydro-power projects exceeding 5 megawatts  upstream, downstream and many small hydro plants in the 17 miles of the Bear River from Combie Lake to Camp Far West Lake. FERC’s inability to recognize this part of the Bear River Watershed in any FERC relicensing demonstrates the failure of the Integrated Licensing Process ILP and FERC’s governing or action abilities.
• Combie Dam/Reservoir  with underwater TCP , Gold hill Dam, Halsey Forebay TCP, Dry Creek Power House basalt mine and Wooley Creek/ Simpson Ranch create a historical District that should have been part of the DSYB APE, with its well documented recreational issues, Native History and Area of Historic Abuse. These areas have been documented but are neglected in the HPMP.  Other areas like the Auburn Ravine from Old Town to Ophir, Bear River from the Reservation to Green Horn Campgrounds/Creek , Bear Valley were knowingly avoided by the licensees/section 106 monitors.
• How can FERC be responsible to public issues involving small hydro-power production that FERC should be monitoring, regulating and promoting?
• What course of conduct will FERC force a General Public Stakeholder to proceed in order to mitigate issues that arise from operation and maintenance? Does this mean that a Stakeholder must apply for Intervener Status. What is the procedure to become an Intervener before the license is issued?
• Will FERC respond to the needs of people (as FERC held public meetings in 2007/2008 and has never addressed any public comment)?
• How does FERC require Licensees to pay native or non-native informants for information used in Study Reports and relicensing activities and then exclude informants from verifying the final study and HPMP?
• Placer County Water Agency and Placer County have failed to involve themselves at study group meetings with minimal involvement, comments or action. Inexperience in FERC procedure has left the tax/rate payers of Placer County vulnerable to FERC infrastructure failure. PCWA legal counsel stated the agency would file for intervener status. Placer County and PCWA seem to be consumed by the Middle Fork American River 2012 relicensing.$$$$$$$$$$$
• FERC has failed to address the problems with appointing the Licensees as the monitors for TCPs, studies and themselves. Pacific Gas & Electric and Nevada Irrigation District have failed to act responsibly as the section 106 monitor. I request instruction on what is needed to become the next section 106 monitor?

Thank You for Time and Consideration

Tyrone Gorre

Sierra Salmon Alliance          Team Lead                                  Tyrone Gorre

Tyrone Gorre                          TCP/Historic Study Group         voice of the general public co-founder
Tyrone Gorre     2007-2010        tyfish@juno.com

cc: President Obama, Senator Barbara Boxer, Senator Diane Feinstein, Congressman Tom McClintock, Governor Jerry Brown

Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Army Corp of Engineers, National Forest Service, Bureau of Land Management, Placer County, Nevada County

David Kyser-United Auburn Indian Community, Don Ryberg- Tsi-Akum Miadu

Leon Benner-Redding Rancheria, Lavina Suehead-Colfax Todd Valley Consolidated Tribe,Waldo Walker-Washoe, Nick Fonseca-Shingle Springs Rancheria

All American California Indian Nations

All United States Citizens