Members Report April 7th,
2011
I received a
copy of the latest GRDA -to-FERC correspondence regarding the lake level amendment
request. In short, some major relief to this ongoing controversy has been
requested and, from all indications, will be approved. Each of you deserves a
piece of the credit for helping keep this issue in focus.
The last
summer holiday of the season will now see a lake elevation two feet higher than
during the past twenty years. The millet seeding program is being shelved and
replaced with off-site mitigation and improved wildlife management. Though
lengthy, I’ll paste a copy of the correspondence below for your review since
many of your spam filters don’t like attachments.
There is still
nothing to report on the shoreline management plan which began its third year
of residency in Washington………not even one bit of official correspondence
between the two involved organizations. I have considered requesting
Congressman Boren to check into its status, but I learned at a young age to be
careful what one wishes for. If we hear anything, we’ll inform the membership
as quickly as possible.
The federal
indictment of former State Senator Mike Morgan from Stillwater could apparently
shake the GRDA foundation in some way. The indictment specifically identifies
GRDA by name and the associated title of CEO. I’ll be attending next week’s
board meeting which should prove interesting. Could this lead to some changes
in GRDA management and board positions? Only time will tell.
I apologize
for the paste job below, but an optical reader was used and the document
doesn’t reproduce very well. If any of you would like for me to send the file
as an attachment, I can so let me know.
Cheers from
Grays Hollow
All 11,0;('1/11' O{ file
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GRDA
Grand River Dam Authority
April 6, 20 11
Ms. Kimberly
Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
Re: Temporary Amendment of
License Articles 401 and 411fol' Project No. 1494
(Pel1sacola)
Dear Secretary Bose:
In its cOlTespondence filed January 19,201 1, the Grand River Dam Authority
("GRDA"),
with the support of the United States
Fish and Wildlife Service (USFWS), Oklahoma
Department of
Wildlife Conservation (ODWC), and the Oklahoma Water Resources Board
(OWRB), refelTed to collectively as the
"resource agencies,"
provided the COimnission with a
report di scussing its plans to develop a
Comprehensive Management Plan to replace existing
articles 401, 406,
and 411 of the FERC license for Grand
Lake (Pensacola Project, FERC No.
1494). See Attachment
'A' . Part of the strategy outlined
includes a temporary amendment to
replace parts of articles 401 and 411
for two years (20 11 & 2012), during which time the
Comprehensive Management Plan
is developed and approved. The purpose of tllis
correspondence is to formally request this temporary amendment.
Overview of Articles
401 & 411
In 1996, the COimnission approved an order amending article 401 which establishes the
rule curve governing the target reservoir surface elevations to be maintained on Grand Lake
throughout the year. 77 FERC '1 61 ,25 1. The existing rule curve provides:
Period Reservoir Elevation, feet
(Pensacola Datum)
747ft
JAN FEB MAR
APR MAY JUN JUL AUG SEPT OCT NOV DEC
MayO I ~ May3 1 Raise elevation fi'o lll 742
to 744
746ft
745ft
JunO I ~ Ju 1 3 1 Maintain elevation at 744
AugO
I ~ Aug 1 5 Lower elevation fi'olll 744 to 743
Aug 16 ~ Aug 31 Lower elevation fi'om 743 to 741
Sep 0 I ~ Oct 15 Maintain elevation
at 74 1
744ft
l-
I
I
743ft
74 2ft
741ft
Oct 16 ~ Oct 3 1 Raise elevation fi'om 741 to 742 740ft
Nov 01 ~ Apr 30 -Maintain elevation at 742 739ft
o ADMINISTRATION, PO Box 409, Vinila OK 74301 -0409, 918-256-5545, FAX 918-256·5289 0
OKLAHOMA
CITY, PO Box 2605, Oklahoma CllyOK 73104.2605,
405-297·9963, FAX 405·290-7631
o COAL-FIRED COMPLEX, PO Box 609, Chouteau OK 74337, 918-824-1074, FAX 918·825-7791 0
TRANSMISSION/ENGINEERING, PO Box 1128, Pryor OK 74362, 918·825·0280, FAX 918-825·9416
o ENERGY CONTROL CENTER, PO Box 772, Locust Grove OK 74352, 918·479·5249, FAX 918·825-1935 0
ENVtRONMENTAl, PO Box 220, Chouteau OK 74337,
918-824-1034, FAX 918·824-2049
o OFFICE OF ECOSYSTEMS
MANAGEMENT,
PO Box 409, Vinita OK 74301-0409, 918-256·5545, FAX 918-256-5289 0 PENSACOLA DAM, PO Bo~ 70, Langley OK 74350, 918·782-3382 ALSO FAX
o SALINA PUMPED STORAGE PROJECT. PO Box 609, Salina OK 74365, 918-434 ·5920 ALSO FAX 0 LAKE PATROL, PO Box 70. Langley OK 74350, 918-782-9594, FAX 918·782-4723
20110406-5103 FERC PDF (Unofficial) 4/6/2011 2:48:35 PM
X
Ms. Kimberly Bose, Secretary
April 6, 2011
Page 2 of4
In
the same order, the Commission sought to compensate for potential negative effects by
adding to the license article 411
which required a Fish and Waterfowl
Habitat Management Plan.
This plan created a "Mitigation Fund and
Technical Committee ... to fund, design, implement,
and evaluate projects that would protect, mitigate, and enhance
fish and wildlife resources at the
project." 103 FERC , 62,102. GRDA is required to
pay $100,000 annually
into the fund.
Among the projects required by that plan is the seeding 1,000
acres of mudflats each year
with millet as deemed
appropriate by the Teclmical Committee. To
facilitate this project,
the rule curve provides for an annual drawdown of the
reservoir to an elevation of741 ft
Pensacola Datum (PD) from August 16 to August 31, with this elevation being
maintained through October 15.
Proposed Temporary Amendment
GRDA, with the support ofUSFWS, ODWC, and OWRB, requests the
following:
1. For a period not to exceed two years, the atiicle 411 Fish and
Waterfowl Habitat
Management Plan requirement to seed
1,000 acres of mudflats each
year with millet be
suspended. This suspension shall not otherwise affect the provisions of article 411 or
and Waterfowl Habitat Management Plan, including GRDA's financial obligations
thereunder.
2. For a period not to exceed two years,
the miicle 401
rule curve requirement of a target
reservoir surface elevation of 741 feet Pensacola Datum (PD) between the dates of August 15
through September 15 be
replaced with an elevation of 743 feet PD for the same period.
The resulting temporary rule curve would be as
follows:
PROPOSED
TEMl'ORARY RULE CURVE
Period Reservoir Elevation, feet
(Pensacola Datum)
APR MAY JUN JUL SEPT
ocr
NOV DEC
747ft
FEB
MayOI = May31 Raise
elevation 746ft
1;-0111 742 to 744
745ft
JunOI = ju1 31 Maintain elevation
at 744 744ft
AugOI = Aug 15 Lower elevation 743ft
fi'om 744 to 743
742ft
Aug 16 = Sept 15 Maintain elevation at 743
741ft
Sept 16 = Sept 30 Lower elevation
from 743 to 742 740ft
SeptO I = Apr30
Maintain elevation at 742 739ft
3. To mitigate for any increased flood ri
sk that may result from the proposed
change of
tm'get
elevation as described above, GRDA, in its management of reservoir levels during all
20110406-5103 FERC PDF (Unofficial) 4/6/2011 2:48:35 PM
Ms. Kimberly Bose, Secretary
April 6, 2011
Page 3 of 4
periods, agrees to utilize the
pre-release protocol developed in conjunction
with the U.S.
Army Corps of Engineers ("Corps") and
documented in the "Amendment to Systems
Operator and Training Manual Related to Pensacola
Project Generation Plan in Anticipation
of Exceeding FERC Target
Elevations." See Attachment 'B'. FUliher, GRDA will repmi
promptly to FERC the results of modeling on reservoir level
impact on flood
events to be
conducted by the Corps on behalf of GRDA. If this modeling indicates the proposed
temporary change presents an unreasonable
increase of flood risk, the Commission may
rescind approval ofthe temporary
modification.
Discussion
The proposed temporary amendment
is made with
the full support
of leading resource
agencies, including USFWS, ODWC, and OWRB. It is part of a collective effort to replace
existing license requirements for the reservoir rule
curve, wildlife management
areas, and
Fish
and the Waterfowl Habitat Management Plan with a single
Comprehensive Management Plan.
As detailed in GRDA's January 19, 2011 correspondence to the
Commission,
the
development of the Comprehensive
Management Plan is a significant undellaking
to which
GRDA and the resource agencies will have to devote
substantial time and attention. The
temporary suspension of the
millet seeding project will allow GRDA and the resource agencies
to focus their human and financial resources on the development of the Comprehensive
Management Plan.
As illustrated by the graph
below, the proposed temporary change to rule curve does not
significantly alter the rule curve:
Comparison of Current & Proposed Temporary Rule Curve
747ft
FEB MAR APR MAY JUN JUl AUG SEPT OCT NOV DEC
746ft
745ft
744ft
743ft
742ft
741ft
740ft
739ft L..l. _________________
L..l
While the proposed alteration is not significant, the beneficial impact on recreational opportunity
at Grand Lake resulting from the
proposed temporary rule curve amendment would be. Under
20110406-5103 FERC PDF (Unofficial) 4/6/2011 2:48:35 PM
ATTACHMENT ‘A’*
GRDA
CORRESPONDENCE
DATED JANUARY
19, 2011
*Please note:
Attachments printed on green paper are those for this filing of
April 6, 2011.
Attachments printed on yellow paper are the attachments as
found
originally in GRDA’s correspondence dated January 19, 2011.
20110406-5103 FERC PDF (Unofficial) 4/6/2011 2:48:35 PM
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An tlgellcv of rhe stwe af Ok(a/wma, (ully .~!lPj)f)[ft'd by C'llstomer,s
rt'/.'('IWt'S instC(lri or taxes
Ms. Kimberly D. Bose, Secretary
Federal Energy
Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
January 19,2011
GRDA Grand RiverDam Authority
Re: Amendment
of License Articles 401,406,
and 411 for Project No.
1494
(Pensacola)
Dear Secretary Bose:
The Grand River
Dam Authority (GRDA) e-filed on January 19, 2011, our
response to
FERC
correspondence dated November 24, 2010. The submission ID for the filing is
279849. This
letter intends to clarify that page 4 of that filing should have been omitted
and replaced with page 5 of the filing. Page 4 did not include signatures from the
resource agencies. Attached is the corrected version of the response letter.
I apologize for any
inconvenience this may have caused.
If you have any
questions,
please contact
me at 918-256-0616.
Sincerely,
~.eQ
' Ie-u-~"-,,-<,,,.>~~
__
Dan'ell E. Townsend II, Ph.D.
Director of
Ecosystems Management
o ADMINISTRATION. PO Box 409, Vinlla OK
74301-0409. 918-256-5545. FAX 918-256-5289 0 OKLAHOMA CITY. PO Box 2605, Oklahoma City OK 73104·2605, 405·297·9963. FAX
405·290·7631
o COAL-FIRED COMPLEX. PO Box 609. Chouteau
OK 74337, 918·824·1074, FAX 918·825-7791 0 TRANSMISSIONfENGINEERING PO Box 1128, Pryor OK 74362. 918-825-0280, FAX 918-825-9416
o
ENERGY
CONTROL CENTER,
PO Box
772. Locusl
Grove OK 74352. 918·479·5249,
FAX 918·825-1935 0 SALINA PUMPED STORAGE PROJECT. PO Box 609, Salina OK 74365. 918-434-5920 ALSO FAX
o
ECOSYSTEMS
& EDUCATION CENTER. PO Box 70. langley OK 74350-0070.
918-782-4726, FAX
918-256-0906
0 PENSACOLA DAM, PO Box 70, Langley OK 74350, 918-782-3382
ALSO FAX
20110406-5103 FERC PDF (Unofficial) 4/6/2011 2:48:35 PM
Ali tl,sencv (Jf Ihl' stOle of Okltlll11fTIlI, flllly iillpported /1)1 n/.~toll!ers 1t'!!i:'I!Ul',~ imitenri of
/(JX('~.
January 19,2011
Ms. Kimberly Bose, Secretary
Federal Energy Regulatory
Commission
888 First Street, N.E.
Washington, D.C. 20426
GRDA Grand River Dam Authority
Re: Amendment of License
Articles 401, 406 alld 411
for Project
No. 1494
(Pensacola)
Dear Secretary Bose:
The Grand River Dam Authority (GRDA) is in receipt of the Federal Energy Regulatory
Commission's
(Conunission) correspondence dated
November 24, 2010, requesting
GRDA to file with it a report providing certain information related to
the development of
amendments to articles 401 , 406 and 411 of the FERC license for Grand
Lake (Pensacola
Project, FERC No. 1494).
See the Commission's Correspondence attached hereto as
Attachment A.
Specifically, the C0111lnission requested that the report include: (1) a
discussion of GRDA plans to
pursue amendment of articles 401, 406, and 411; (2) a
proposed schedule for completing
the maj or steps in the pre-filing consultation process
described under
18 CFR § 4.38, as discussed in the
November 16, 2010 meeting; and (3)
a proposed schedule for
regular meetings with the
agencies on the Committee and the
Commission to discuss planning, progress, and any issues that arise in preparing the
amendment proposals. The
following report, prepared in consultation with the United
States Fish and Wildlife Service (USFWS), Oklahoma DepaJiment of Wildlife
Conservation
(ODWC), the Oklahoma Water Resources Board (OWRB) and the United
States Army
Corps of Engineers (USACE), referred
to collectively as the "resource
agencies," is intended
to provide the C0111lnission with the requested information.
Commission Item
(1):
In response to
the Commission's correspondence, GRDA met with
the resource agencies
on December 9, 2010, to discuss plans to pursue amendments of aJiicles 401 (reservoir
rule curve), 406 (wildlife management areas), and 411 (Fish and Waterfowl Habitat
Management Plan). See meeting
minutes attached hereto as Attachment B. It is the
desire and the
intent of GRDA to replace these three articles with a single Comprehensive
Management Plan. As discussed previously with the Conunission,
GRDA and the
resource
agencies are pursuing plans
to acquire and develop considerable acreages
of
land located
immediately upstream and adjacent to the Pensacola
project boundary along
the Neosho River west
of MiaJ11i, Oklahoma. Discussions have primarily focused on
o ADMINISTRATION, PO Box <109, Vinita OK 7430J.O<l09. 918-256-5545, FAX 918·256·5289 0 OKLAHOMA CITY, PO Box 2605. Oklahoma City OK 73104-2605,
405-297-9963, FAX
<105·290-7631
o COAL-FIRED COMPLEX, PO 80x 609, Chouteau OK 74337, 918·824-1074. FAX 918·825·7791 0 TRANSMISSION/ENGINEERING, PO Box 1128, Pryor OK 74362,
918-825·0280, FAX
918·825·9<116
o ENERGY CONTROL CENTER, PO Box 772, Locust Grove OK 74352.
918-479·5249, FAX 918·825-1935 0 SALINA PUMPED STORAGE PROJECT. PO Box 609, Salina OK 74365, 918·434-5920 ALSO FAX
o ECOSYSTEMS & EDUCATION CENTER, PO Box 70, Langley OK 74350·0070, 918·782-4726, FAX 918-256·0906 0 PENSACOLA OAM, PO Box 70, Langley OK 74350,
918-782-3382 ALSO
FAX
20110406-5103 FERC PDF (Unofficial) 4/6/2011 2:48:35 PM
Ms. Kimberly
Bose, Secretary
January 19,2011
Page 2 of4
wetland
development within this target area as a means to replace the requirements of
miicles 401 , 406, and 411
of the Pensacola license.
Commission Item
(2):
Next, the Conuuission asks for a proposed schedule for completing the major steps in the
pre-filing
consultation process. At this point, GRDA
considers itself to be in
engaged in
the consultation stage described in 18 CFR §
4.38(a). Prior to filing
this non-capacity
related amendment, GRDA must consult with resource agencies,
Indian Tribes, and the
public "to the
extent that the proposed
alllendment would affect [their] interests." 18 CFR
4.38(a)(7). It is GRDA's intent that development of the
license amendment will occur
through this consultation process.
By letter dated
November 4, 2010, GRDA initiated a Memorandum of Understanding
between GRDA and ODWC that outlines the framework for continued cooperation
between the resource agencies
during subsequent acquisition and resource development
of the adjacent lands (Attachment
C). This agreement signifies the first major step in a
multi-phased
process to alllend the license. Given the breadth and scope associated with
tlle resource development
of adjacent lands, the resource
agencies have identified the
following steps, collectively referenced as Phase I of a multi-phase project, outlining
the
information
necessary for their review prior to lending suppOli for the amendment of
atiicles 40 I, 406 and 411.
Steps associated with Phase
I, as identified by the resow'ce
agencies at the December 9,
2010 meeting, are outlined below.
Following each item, the
agency who has volunteered
to help GRDA complete the task is identified
and the
estimated completion date is listed.
I) Develop an
informational letter in consultation with the
resource agencies to
introduce and update interested stakeholders, including
the City of Miami, OK
and its residents, about pending
land acquisitions and subsequent resource
development along the Neosho River west of
Miallli, Oklahoma. (January
2011).
2) Develop
global MOU between all interested patiies utilizing
the basic
concepts outlined in the November 4th letter and MOU between GRDA and
ODWC. ODWC (January - February 2011).
3) Receive LiDAR repOli and analyses from USGS. ODWC (February 2011).
4) After receipt of LiDAR information, GRDA is to schedule a coordination
meeting with all interested stakeholders,
including the City of Miami, OK
and
its residents, and solicit Ducks
Unlimited to develop a restoration plan to be
submitted for review by the agencies.
ODWC (April 2011).
5) Initiate the drafiing, in consultation
with the resource agencies, of a 10ng-tetID
Comprehensive
Management Plan to be
implemented upon completion
of all
20110406-5103 FERC PDF (Unofficial) 4/6/2011 2:48:35 PM
Ms. Kimberly Bose, Secretary
January 19, 2011
Page 3 of4
site
development
associated
with the Ducks Unlimited Restoration Plan.
ODWC/Ducks Unlimited (April, May 2011).
6) Receive preliminary progress report from ODWC on development of above
items, including but not limited to an ODWC repOlt on concurrent land
acquisition
effOlis by ODWC within the
target area; ODWC (June 2011).
7) Receive modeling report from (USACE) outlining flood risks associated with
a rule curve modification and implementation of a year round Grand Lake
target elevation of 743 ' Pensacola Datum (PD) with periodic deviations of Y:.
foot fluctuations above or below the target elevation. USACE (August 2011).
8) GRDA to file progress report with the Commission regarding any pending
items outlined above and
identification of the next major steps associated with
Phase II (developed based on information gathered during Phase I) of the prefiling
consultation process. (August 2011).
Given the preliminary nature of
this repOlt and
subsequent lack of available information
at this time, the dates outlined above are tentative and subject to change. Updated
information will be provided in the report outlined by item number 8 above.
Commission Item (3):
Proposed Schedule for Regular Meetings with the Agencies to discuss items pertaining to
either Phase I or II of the pre-filing process:
I) February 2011
2) April 20 II
3) June 2011
In addition to the forgoing, GRDA wishes to inform the Corrunission that it
intends to file
in shOlt order, a request for a temporary amendment to article 40 I that that will replace
the existing rule curve's requirement of a target reservoir surface elevation of 741 feet
Pensacola Datum (PD) between the dates of August 15 tluough October 15 with an
elevation of 743 feet PD for the same period. Further, this temporary amendment will
seek to suspend the requirements of article 411 related to the atlliUal seeding of certain
mudflats with JapatIeSe millet. This temporary amendment, however, will not affect
other aspects of article
411 , including
the requirement for annual monetat·y contl'ibutions
to the mitigation fund. It
is the intent of GRDA and the resource agencies to have tllis
temporary amendment granted prior to August 15, 2011, to avoid the annual reservoir
drawdown until after the Labor Day weekend.
As indicated by therr signature below, the resource agencies are in SUppOlt ofthe steps for
the amendment of license articles 40 I, 406, and 411 , atId the temporat·y
atnendment to
articles 40 I atId 41 1 outlined herein.
20110406-5103 FERC PDF (Unofficial) 4/6/2011 2:48:35 PM
Ms. Kimberly Bose, Secretary
January 21 , 2011
Page 4 of4
I hope this
report provides the information requested by the Commission
in a satisfactory
manner. If you have any questions, please feel fi'ee to
contact me at 918-256-0616.
AGREED TO BY:
Darrell E. Townsend II, Ph.D.
Director of Ecosystems Management
Barry Bolton, Chief
of Fisheries
Oklahoma
Department of Wildlife
Conservation
Kevin Stubbs