92 FERC ¶ 61,261
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Before Commissioners:
James J. Hoecker, Chairman;
William L. Massey, Linda Breathitt,
and Curt Hébert, Jr.
PP&L Montana, LLC
Project No.
2188-030
ORDER ISSUING NEW LICENSE
(Issued September 27, 2000)
On November 25, 1992, Montana Power Company filed an application for a new
license pursuant to Part I of the Federal Power Act (FPA) for the Missouri-Madison
Hydroelectric Project. The project consists of nine hydroelectric developments located on
the Madison and Missouri Rivers in Gallatin, Madison, Lewis and Clark, and Cascade
Counties, in southwestern Montana. Portions of the project are located on federal lands,
including lands within the Gallatin and Helena National Forests. The project has a total
generating capacity of 291.8 megawatts (MW), which Montana Power proposed to
increase by 35.1 MW, to 326.9 MW. The Commission subsequently approved transfer of
the license to PP&L Montana, LLM, which is currently operating the project. For the
reasons discussed below, we will issue a new license for the project.
BACKGROUND
Eight of the project's nine developments were constructed between 1906 and 1930.
The original license for the project was issued in 1956,1 when Montana Power sought
authorization to add the ninth development, Cochrane. The original license expired on
November 30, 1994, with the project operating pursuant to annual licenses thereafter.
Montana Power amended its application on February 24 and March 21, 1994,
March 2 and June 15, 1995, and March 6, 1996. Notices were issued of the application
and of the above-enumerated amendments to it, and comments were received.
1
15 FPC 1330.
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Timely motions to intervene were filed by the U.S. Department of the Interior
(Interior); the Montana Department of Natural Resources and Conservation (Montana
DNRC); the City of Great Falls, Montana; the Great Falls City-County Planning Board; the
Madison County Board of Commissioners; the Madison Coalition;2 American Rivers,
Inc.; the Pat Barnes Missouri River Chapter of Trout Unlimited and Pete Test; Alan Rollo;
Doug Wicks; Lee B. Tebo, Jr.; Lewis F. Zanto; Michael Azeka; Mildred Carmichael;
Donald C. and Dorothy A. Warner; Chester J. Stodden; Harold D. Babb; Lorraine V.
Kennedy; Willis and Marie Haagenson; Clifford E. Bernard; Mr. and Mrs. Robert L.
Brown; Wayne A. Michel; Peter S. Cole; Allan and Lynn Aniksdal; Bernie Peterson; Tim
and Lori Matich; Zackary and Katharina Helms, and George and Carole Helms Reichhelm;
Stanley Burgard; Fred P. Bronaugh; Kevin Kreig; Peter S. Cole; Robert D. Nichols;
Chester J. Stodden; Jan Murphy; and Owen Herold. These timely motions to intervene
were all granted automatically by operation of the Commission's procedural regulations.
In addition, by notices issued by the Secretary on August 18 and October 1, 1998, the
Commission granted motions to intervene out of time that were filed by the U.S.
Environmental Protection Agency (EPA), Region VIII; Source Giant Springs, Inc.; and
Trout Unlimited.
On August 24, 1999, Trout Unlimited and its Montana State Council filed a motion
to intervene out of time with respect to certain operations at the Holter Development,
discussed below. On October 27, 1999, the Holter Coalition3 filed a comparable motion
to intervene out of time, and Montana Power filed an answer opposing the intervention as
untimely and unjustified. Grant of the motions will not delay or disrupt the proceeding or
prejudice any party to it. Accordingly, we will grant both of these motions to intervene
out of time.
2
The Madison Coalition is comprised of Trout Unlimited, the Madison-Gallatin
Chapter of Trout Unlimited, Tom Morgan, Bud Lilly, Dave Kumlein, Dave Corcoran, and
the R.L. Winston Rod Company. As noted above, Trout Unlimited subsequently filed a
separate motion to intervene in its own name.
3
The Holter Coalition is comprised of commercial guides, outfitters and
homeowners whose commercial, recreational, economic and personal interests are affected
by the condition of the fisheries in the vicinity of and downstream from the Holter
Development.
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On January 18-20, 1994, the Commission's staff held public environmental scoping
meetings on the project in Great Falls, Helena, and Ennis, Montana. In September of
1997, the Commission staff issued a Draft Environmental Impact Statement (Draft EIS),
and held public hearings on it in Great Falls and Ennis on September 18 and 20, 1997.
Staff issued the Final Environmental Impact Statement (Final EIS) in September of 1999.
The Forest Service is a cooperating agency on the Draft and Final EIS.
On March 19, 1999, Montana Power and PP&L Montana filed an application for
approval of the transfer of licenses for three projects from Montana Power to PP&L
Montana, including the then-extant annual license for the Missouri-Madison Hydroelectric
Project. The transfers implement Montana Power's restructuring pursuant to applicable
Montana regulatory requirements. The transfers were approved on July 7, 1999, 4 and
became effective on December 17, 1999.5
On August 31, 1999, Montana Power and PP&L Montana filed an application to
amend the annual license to reflect changes in primary transmission lines and appurtenant
facilities. The Commission approved these amendments on December 7, 1999,6 and the
license we issue today incorporates these changes.
PROJECT DESCRIPTION
4
88 FERC ¶ 62,018.
5
The transfer became effective once Montana Power and PP&L Montana completed
the sale of the project assets.
6
89 FERC ¶ 62,182. The parties had also applied for license amendments to align
certain property rights in conformance with the transfer of the license. The December 7
order dismissed this request as unnecessary.
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The Missouri-Madison Hydroelectric Project develops hydropower on a 324-mile
stretch of the Madison and Missouri Rivers.7 The Madison River combines with the
Gallatin and Jefferson Rivers8 to form the Missouri River, which flows north toward the
City of Great Falls, Montana. The Hebgen and Madison Developments are located on the
Madison River. The other seven developments (Hauser, Holter, Black Eagle, Rainbow,
Cochrane, Ryan, and Morony) are located on the Missouri River, downstream from the
Bureau of Reclamation's Canyon Ferry Hydroelectric Project. The last five developments
are clustered near and downstream of the City of Great Falls. All nine developments have
dams. Eight of the nine developments have power generating facilities, while the Hebgen
Development is used as a storage facility. The developments and their facilities, including
the capacity of the power generating facilities in each development, are described in
greater detail in ordering paragraph (C)(2) of this order.
As noted, parts of the project occupy federal lands. The Holter, Hauser, and
Hebgen Developments occupy a total of 11,031 acres of National Forest lands. The
Hauser and Madison Developments occupy a total of 932 acres of BLM lands. The Holter
Development occupies 567 acres of Bureau of Reclamation lands.
Hebgen Reservoir inundates the Madison River valley adjacent to the western edge
of Yellowstone National Park, in the vicinity of West Yellowstone, Montana, but beyond
the boundaries of the Park. It is operated as a storage facility, with releases providing
head and flow to the Missouri-Madison Hydroelectric Project's eight downstream
developments as well as to the Canyon Ferry Hydroelectric Project.
In 1959, a 7.1-magnitude earthquake triggered a landslide along the Madison River
canyon about six miles downstream from Hebgen Dam, substantially blocking the river so
as to create a six-mile-long lake, Quake Lake, the upper end of which extends almost up to
Hebgen Dam.
Madison Dam is located about 63 miles downstream from Hebgen Dam, and the
reservoir it creates is Ennis Lake. From Ennis Lake and Madison Dam, the Madison
River flows approximately 40 miles through open country to its confluence with the
7
The nine developments are located between river miles 40 and 103 of the Madison
River, and between river miles 2,105 and 2,237 of the Missouri River.
8
These rivers were explored by Captains Meriwether Lewis and William Clark
during their epic journey of 1804-1806. James Madison was at that time serving as
Secretary of State in President Thomas Jefferson's cabinet, while Albert Gallatin was
Secretary of the Treasury.
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Jefferson and Gallatin Rivers, forming the Missouri. There are valuable fishery resources
in both Ennis Lake and the river flow beyond it, and those resources have significant
commercial and recreational value.
The principal controversies in this proceeding concern water flows and
temperatures in the Madison River in and below Ennis Lake, their effects on the fishery
resources in those waters, and the comparative beneficial and adverse impacts, and costs,
of constructing, altering or removing facilities, or altering water flows, in that reach of the
river. These matters are discussed below.
The principal focus of interest with respect to the five developments in the vicinity
of the City of Great Falls was how best to allocate resources for recreation. As discussed
below, there was broad support to provide a measure of funding for the federal Lewis and
Clark Interpretive Center, then under construction near Great Falls.
APPLICANT'S PLANS AND CAPABILITIES
In accordance with Sections 10 and 15 of the Federal Power Act (FPA),9 we have
evaluated Montana Power's record as a licensee with respect to the following: (1)
conservation efforts; (2) compliance history and ability to comply with the license; (3) safe
management, operation, and maintenance of the project; (4) ability to provide efficient and
reliable electric service; (5) need for power; (6) transmission service; (7) cost effectiveness
of plans; and (8) actions affecting the public. In light of our approval of the transfer of the
license from Montana Power to PP&L Montana, we have also evaluated PP&L Montana's
record.
1, 2 and 3. Conservation Efforts, Ability to Comply with the New License, and
Safe Management, Operation and Maintenance of the Project
The Director, in his July 7, 1999 order approving the transfer of the licenses,
determined that Montana Power has adequately complied with the terms and conditions of
its licenses. The Director also determined that, although PP&L Montana is not currently a
licensee of the Commission, and therefore has no compliance record to review, PP&L
Montana intends to retain key Montana Power hydroelectric plant management personnel
and will maintain its hydroelectric offices, staffed by current Montana Power employees,
in Butte, Montana. The Director determined that PP&L Montana "is qualified to operate
the properties under the licenses" (including the Missouri-Madison license herein).
9
16 U.S.C. § 808(a)(2).
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The Commission's staff has determined that Montana PP&L has the ability to
comply with the FPA and the articles, terms and conditions of the license issued herein.
We have determined that PP&L has the capacity to operate the project safely during the
license term, in a manner that will not pose a threat to public safety if the project is operated
and maintained in a manner consistent with the the Commission's regulations, the license
conditions, and sound engineering practices.
4. Ability to Provide Efficient and Reliable Electric Service
In accepting the transfer of the license from Montana Power, PP&L Montana
agreed to accept all of the responsibilities, terms and conditions of the existing license and
of the Federal Power Act (FPA). Montana Power operated the project in an efficient
manner within the constraints of the existing license. We believe that PP&L Montana will
operate the project in an efficient manner within the constraints of the license issued herein,
and that the project will continue to provide efficient and reliable electric service in the
future.
5. Need for Power
As discussed above, the project's nine developments were built between 1891 and
1958. Since license issuance in 1956, the project's long operating history demonstrates
both short and long term needs for the power it generates.
In analyzing public interest factors, the Commission takes into account that
hydroelectric projects offer unique operational benefits to the electric utility system
(ancillary benefits). These benefits include their value as almost instantaneous
load-following response to dampen voltage and frequency instability on the transmission
system, system-power-factor-correction through condensing operations, and a source of
power available to help in quickly putting fossil-fuel based generating stations back on line
following a major utility system or regional blackout.
Ancillary benefits are now mostly priced at rates that recover only the cost of
providing the electric service at issue, which don't resemble the prices that would occur in
competitive markets. As competitive markets for ancillary benefits begin to develop, the
ability of hydro projects to provide ancillary services to the system will increase the
benefits of the projects.
6. Transmission Service
As noted above, on August 31, 1999, Montana Power and PP&L Montana filed a
joint application to amend the licenses for three projects, including the Missouri-Madison
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Hydroelectric Project, to better delineate the points of interconnection between
developments in the projects that will be conveyed to PP&L Montana and the primary
transmission facilities that will be retained by Montana Power, including removal of
certain transmission facilities from the Missouri-Madison Hydroelectric Project.10 As
discussed above, the amendments involving primary lines and appurtenant facilities were
approved and are incorporated in the license issued herein. We conclude that the
operation of the operation of the transmission lines is satisfactory and will not be affected
by issuance of this new license.
10
The other two projects encompassed within the application to amend are the
Thompson Falls Project No. 1869 and the Mystic Lake Project No. 2301.
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7. Cost Effectiveness of Plans
Montana Power proposed new construction, environmental and recreational
enhancement measures for the project that would affect the existing project operation and
the associated environmental and aesthetic resources of the project area. The need for,
usefulness of, and economic impact of these various modifications, including alternatives
and variations proposed by the Commission's staff, are discussed in the Final EIS.11
8. Actions Affecting the Public
We have no reason to doubt that PP&L Montana will implement the various
environmental and recreational enhancement measures that Montana Power proposed in its
application and that we have approved in this license. These measures, discussed
elsewhere herein and in the Final EIS, as well as the power to be generated by the project,
will benefit the public.
WATER QUALITY CERTIFICATION
On September 9, 1993, pursuant to Section 401(a) of the Clean Water Act (CWA),12
the Montana Department of Health and Environmental Services issued water quality
certification for the project.13 Pursuant to Section 401(d) of the CWA, the certification is
a mandatory condition of the license we issue today.14 The certification, which contains
eleven conditions, is set forth in Appendix A to this order.
11
See Final EIS, Section 5, Staff conclusions.
12
33 U.S.C. § 1341(a)(1).
13
Montana Power initially appealed the certification but then withdrew its appeal.
The CWA Section 401 responsibilities were transferred to the Montana Department of
Environmental Quality (Montana DEQ) pursuant to a July 1, 1995 reorganization of
Montana's natural resource and environmental agencies.
14
33 U.S.C. § 1341(d). Pursuant to American Rivers v FERC, 129 F.3d 99 (2d Cir.
1997), the Commission must accept as license conditions all conditions attached to a valid
water quality certification. In any event, nothing in the conditions of a water quality
certification shall be viewed as restricting the Commission's ability or the licensee's
obligation, under Part I of the FPA, to take timely action to protect human life or the
environment.
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THREATENED AND ENDANGERED SPECIES
By a letter dated November 18, 1998,15 the U.S. Fish and Wildlife Service (FWS)
notified the Commission that it had reviewed the Commission's biological assessment and
concurred that the project, if relicensed, is not likely to adversely affect seven threatened or
endangered species: the grizzly bear (Ursos arctos), bald eagle (Haliaeetus
leucocephalus), American peregrine falcon (Falco peregrinus anatum),16 pallid sturgeon
(Saphirhynchus albus), gray wolf (Canis lupus), least tern (Sterna antillarum), and piping
plover (Charadrius melodus). Therefore, formal consultation is not required.
The Canada Lynx (Lynx Canadensis) was listed as threatened on March 24, 2000.
Since the current range of the lynx either encompasses or occurs near some of the
Missouri-Madison Project developments, Commission staff issued on February 10, 2000, a
supplemental biological assessment which concluded that continued operation and
maintenance of the project, if relicensed, is not likely to adversely affect the Canada lynx.
By letter dated February 28, 2000, FWS concurred.17
FEDERAL RESERVATIONS AND FPA SECTION 4(e)
A. Consistency Finding
Section 4(e) of the FPA18 provides that licenses shall be issued within any federal
reservation only after a finding by the Commission that the license will not interfere or be
inconsistent with the purpose for which such reservation was created and acquired. As
15
Letter from Kemper M. McMaster, Field Supervisor, to the Director, in response
to the Director's October 14, 1998 letter to FWS, both of which, along with the biological
assessment, are reproduced in Appendix C of the Final EIS.
16
The American peregrine falcon was delisted from the threatened species list on
August 25, 1999.
17
Letter from Kemper M. McMaster to Thomas E. Dewitt.
18
16 U.S.C. § 797(e).
Project No. 2188-030
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noted, the Hebgen Development and parts of the Hauser and Holter Developments occupy
Forest Service lands.19
19
lands.
The Hauser Dam and the Holter Dam and Reservoir are located on Forest Service
Project No. 2188-030
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Both the Gallatin and Helena National Forests were created for the purposes of
securing favorable conditions for water flows and furnishing a continuous supply of
timber.20 We find that the issuance of a new license, as conditioned herein, for the
Missouri-Madison Project No. 2188 will not interfere or be inconsistent with these
purposes.
B. Section 4(e) Conditions
Section 4(e) also provides that licenses for hydropower projects on federal
reservations shall contain such conditions as the Secretary of the department under whose
supervision such reservation falls shall deem necessary for the adequate protection and
utilization of such reservation.21 The Forest Service's final Section 4(e) conditions, filed
on February 10, 2000,22 are set forth in Appendix B to the license issued herein.
SECTION 18 FISHWAY PRESCRIPTIONS
20
The Gallatin National Forest was originally established on February 10, 1899, by
Presidential Proclamation, 30 Stat. 1788. The Helena National Forest was originally
established on April 12, 1906, by Presidential Proclamation, 34 Stat. 3196. Pursuant to
the Organic Act of June 4, 1897, 16 U.S.C. § 475, national forests could be established only
"to improve and protect the forest within the [forest] or for the purpose of securing
favorable conditions for water flows, and to furnish a continuous supply of timber for the
use and necessities of citizens of the United States." See also discussion in Keating v.
FERC, 114 F.3d 1265, 1266 (D.C. Cir. 1997).
21
With exceptions not relevant here, the Commission cannot alter or reject
Section 4(e) conditions. See Escondido Mutual Water Co. v. LaJolla Band, 466 U.S. 765
(1984).
22
Normally, 18 CFR 4.34(b)(1) establishes the deadlines for submitting mandatory
conditions. However, as noted, the Forest Service was a cooperating agency on the EIS in
this proceeding. The Commission and the Forest Service entered into a letter of
understanding (dated December 26, 1993) with respect to procedures for the preparation of
the EIS in this proceeding, pursuant to which the Forest Service obtained extensions to
submit its Section 4(e) conditions.
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Section 18 of the FPA states that the Commission shall require construction,
maintenance, and operation by a licensee of such fishways as the Secretaries of Commerce
and the Interior may prescribe.23 By filing of June 1, 1995, Interior timely asked the
Commission to reserve in the Project No. 2118 license Interior's authority to prescribe
fishways at the nine developments. Consistent with our policy,24 we do so in license
Article 407.
RECOMMENDATIONS OF FEDERAL AND STATE FISH AND
WILDLIFE AGENCIES
Section 10(j) of the FPA25 requires the Commission, when issuing a license, to
include license conditions, based on recommendations of federal and state fish and wildlife
agencies submitted pursuant to the Fish and Wildlife Coordination Act, to "adequately and
equitably protect, mitigate damages to, and enhance fish and wildlife (including related
spawning grounds and habitat)" affected by the project.26
On June 1, 1995, Interior (on behalf of its FWS, BLM, and Bureau of Reclamation)
filed 96 preliminary recommended license conditions, accompanied by the signed
concurrence of Montana DNRC, Montana Department of Fish Wildlife and Parks
(Montana DFWP), and (with certain noted exceptions) Montana Power. The agencies
state that this filing constitutes a settlement agreement.27
23
See June 1, 1995 filing at pp. 1.15, 2.4, 3.3, 4.3, 5.2, 6.2, 7.2, 8.2, and 9.3.
24
See Wisconsin Public Service Corp., 62 FERC ¶ 61,095 (1993), aff'd, Wisconsin
Public Service Corp. v. FERC, 32 F.3d 1165 (7th Cir. 1994).
25
16 U.S.C. § 803(j).
26
If the Commission believes that any such recommendation may be inconsistent
with the purposes and requirements of Part I of the FPA or other applicable law,
Section 10(j)(2) requires the Commission and the agencies to attempt to resolve any such
inconsistency, giving due weight to the recommendations, expertise, and statutory
responsibilities of such agencies. If the Commission then does not adopt a
recommendation, it must explain how the recommendation is inconsistent with applicable
law, and how the conditions selected by the Commission adequately and equitably protect,
mitigate damages to, and enhance fish and wildlife.
27
See Interior filing of February 18, 1998, at 2; Montana DFWP filing of
February 19, 1998, at 1.
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Although the May 31, 1995 filing was entitled "Recommended Terms and
Conditions (Sections 4(e), 10(j), and 18) of the Federal Power Act) for the
Missouri-Madison Hydroelectric Project," it did not identify which recommendations were
made pursuant to which section of the FPA.28 Accordingly, these recommendations are
considered as filed under FPA Section 10(a).
The agreement provides for five Technical Advisory Committees, chaired by the
licensee and comprising state and federal agency personnel, to manage the development,
execution, and monitoring of Commission-approved environmental protection, mitigation,
and enhancement measures.29 The committees cover Missouri-Madison River Wildlife;
Madison River Fisheries; Hauser-Holter Fisheries; Missouri River Fisheries; and
Missouri-Madison River Water Quality. The licensee will budget and manage a variety of
specified one-time and annual funds for use by each committee, totalling over $3.6 million
in one-time funding and $861,500 in annual funding.30
In February 1998, FWS and Montana DFWP filed timely comments on the Draft
EIS, including, pursuant to Section 10(j) of the FPA, 63 amended recommendations, many
of which elaborated on earlier-filed recommendations.31
28
See 18 CFR 4.34(b)(1) .
29
The proposed conditions state, in a number of places, that if a technical committee
consensus cannot be reached with respect to a particular environmental measure, the
licensee will submit a proposal to the Commission, along with the relevant agencies'
comments, and the Commission "will determine whether the [licensee's] proposal is
reasonable and consistent with the requirements of the license and any applicable federal
laws or regulations." See June 1, 1995 filing at Section I.A.3; Section II.1.C. Of course,
the Commission's review authority includes approving, modifying, or rejecting a proposal,
based on substantial evidence.
30
We note that agreements among settlement parties to limit a licensee's costs for
agreed-upon measures do not limit the Commission's reserved authority to require
additional measures, as future circumstances may warrant. See, e.g., Southern California
Edison Co., 77 FERC ¶ 61,313 at p. 62,428 n. 46 (1996), and cases cited therein.
31
See FWS filing of February 18, 1998, and Montana DFWP filing of February 19,
1998. By letter filed February 20, 1998, the EPA stated its support for the Section 10(j)
recommendations of the state and federal fish and wildlife agencies.
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18 CFR 4.30(b)(9(ii) defines "fish and wildlife recommendation" as:
any recommendation designed to protect, mitigate damages to, or enhance
any wild member of the animal kingdom, . . . [including] related breeding or
spawning grounds, and habitat. A "fish and wildlife recommendation"
includes a request for a study which cannot be completed prior to licensing,
but does not include . . . a request for additional pre-licensing studies or
analysis . . . .
In the Final EIS (at p. 5-18), Commission staff found that 61 of the 96 June 1, 1995
recommendations were within the scope of Section 10(j). As we note above, all 96 of the
recommendations are being considered under FPA Section 10(a). In addition, we find that
15 of the additional 63 recommendations are outside the scope of Section 10(j).
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Of the 159 recommendations filed by the fish and wildlife agencies, we are adopting
as license conditions 103 in total and 17 in part.32 Nine recommendations were not
adopted because the Final EIS identified specific measures to address the adverse impacts
identified in the recommendations. The remaining 30 recommendations were not adopted
because they were unrelated to project impacts or insufficiently specific to evaluate.33
We conclude that the recommendations we adopt and incorporate as requirements
of the license, together with the additional conditions recommended by the Commission
staff, will adequately and equitably protect, mitigate impacts to, and enhance fish and
wildlife and other environmental resources affected by the project.
32
The recommendations we adopt include provisions for the licensee to mitigate for
unquantified project-induced fish losses by contributing funds for a state fish stocking
program. See June 1, 1995 filing at pp. 3.3, 4.3, 6.3, and 7.3. While a licensee cannot be
required to provide or fund compensatory mitigation for project-related fish mortality in
the absence of any evidence that such mortality has an adverse effect on fish populations,
see City of New Martinsville, W.Va. v. FERC, 102 F.3d 567 (D.C. Cir. 1996), where a
licensee voluntarily undertakes to provide such funding, the Commission will approve the
undertaking. See City of Crystal Falls, Michigan, 86 FERC ¶61,104 (1999). The same
principle applies to recommendations for the licensee to undertake or fund studies in the
absence of a showing of the project-induced harm to be addressed in such studies. See
City of Centralia, Wash. v. FERC, 213 F.3d 742 (D.C. Cir. 2000).
33
See Table 5-6 of the Final EIS, which summarizes each recommendation and the
Commission staff's analysis thereof.
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RECREATION
Article 426 of the license issued herein approves the licensee's plans for recreational
resource management at the Missouri-Madison Project, including a proposal, made in a
February 21, 1994 amendment to its license application, to reallocate $1.1 million in
proposed recreational funds from two project sites to the federally operated Lewis and
Clark Interpretive Center, which is located outside the project's boundaries.34
Montana Power had originally proposed to spend $1,500,000 to develop the Black
Eagle Recreation Area, near the project's Black Eagle Dam, and $200,000 to develop the
Sulfur Springs Trailhead, near the project's Morony Dam. The Commission staff's Final
EIS (at p. 5-15) recommended adoption of Montana Power's amended proposal, together
with the requirement that the licensee file a revised Comprehensive Recreation Plan for the
affected developments describing, among other things, how the remaining funds would be
spent for the Black Eagle Recreation Area and Sulfur Springs Trailhead.35
We approve the licensee's proposal for the reallocation of recreation development
funds. According to the March 18, 1997 settlement filing, the Sulfur Springs Trailhead
has already been completed through local voluntary efforts, and a private firm has plans to
construct a campground near Black Eagle Island, in the licensee's view obviating the need
for the campground element of the proposed project recreational development at that site.
Also, the licensee has delivered $1.1 million to the Lewis and Clark Center Fund,36 and the
Center is built and operating. Accordingly, at this point the new license need only
require the licensee to submit a proposal for use of the remaining funds for development at
the Black Eagle Recreation Area (see Article 426).
34
On March 18, 1997, Montana Power and a number of agencies and interest groups
filed a "settlement agreement" in support of Montana Power's February 21, 1994
application amendment on this point.
35
36
Final EIS at p. 3-5.
Id. at p. E-183. In giving $1.1 million to the Center before the Commission acted
on the relicense application, the licensee assumed the risk that the Commission might
decline to reduce the level of expenditures to be made for the Black Eagle Recreation Area
and Sulfur Springs Trailhead.
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HISTORIC PROPERTIES
On May 6, 1998, the Advisory Council on Historic Preservation, the Montana State
Historic Preservation Office, and the Commission executed a Programmatic Agreement
for the project, thereby satisfying the Commission's responsibilities under Section 106 of
the National Historic Preservation Act. The Gallatin and Helena National Forests and
Montana Power signed the Programmatic Agreement as concurring parties.
THE MADISON DEVELOPMENT
The Madison Coalition, in its motion to intervene, identifies its members as
conservationists, river guides, fishing guides, and manufacturers or retail sellers of fly rods
for trout fishing, all with an economic stake in the fishery and associated recreational
resources of the Madison River.37 The Coalition characterizes the Madison River as one
of the finest wild trout streams in the country,38 and opposes issuance of a new license for
the project unless it is conditioned to mitigate the project's alleged deleterious water
temperature impacts on the river.39
The Coalition contends that the Madison Development, by slowing down the flow
of the water in the Madison River, causes the temperature to rise, with consequent adverse
impacts on the trout resources in the river during peak high temperatures in the summer.
In its motion to intervene in its own name, Trout Unlimited, a member of the Madison
Coalition, advocated removal of the Madison Dam as its preferred alternative.40 In a
subsequent filing, the Madison Coalition favored an alternative of leaving the dam and
Ennis Lake in place but channeling normal river flows around them and routing only flows
in excess of channel capacity into the lake.41
37
Motion to intervene, filed August 5, 1993, at pp. 5-6.
38
Id. at p. 2.
39
Letter from Madison Coalition to the Secretary, filed January 25, 1993, at p. 17.
40
Motion to intervene in opposition, comments on Draft EIS, and request for
supplemental EIS, filed February 23, 1998, at p. 4.
41
Reply comments on applicant's and resource agencies' proposed conditions, filed
April 8, 1998, at p. 3.
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The Final EIS analyzes four alternative methods of reducing the temperature of the
waters in the Madison River below the Madison Dam.42 The first method would be to
remove the dam and drain Ennis Lake, to allow the relatively cooler water from Hebgen
Reservoir to flow downstream through the river channel rather than gathering solar
radiation in Ennis Lake. Montana Power estimates the total cost of removing the dam at
$59 million, including $6 million for the removal itself, $27 million for channel
reconstruction and stabilization, $11 million for revegetation of the inundation zone,
$1 million for environmental assessment and mitigation, and $14 million for design,
contingency, and other costs.43
Removing Madison Dam and draining Ennis Lake would reduce the mean
temperature of the water by approximately 1.5 degrees Celsius (C) in the vicinity of the
dam, and by about 0.5 degrees C at Three Forks, where the Madison combines with the
Jefferson and Gallatin Rivers to form the Missouri. Removing Madison Dam and
draining Ennis Lake would also end the existing fishery community in Ennis Lake, 44 and
would put the lake-based recreational facilities around Ennis Lake out of business, with
significant adverse impacts on the local economy, particularly in the towns of Ennis and
McAllister.45
The second alternative would be to construct a new, 80-foot-high arch dam in Bear
Trap Canyon that would increase the depth of Ennis Lake by 40 feet, to allow relatively
cooler water from the bottom of the lake to be released for power generation. Montana
Power estimated that the total cost of constructing a new dam would be $104 million,
including $ 32.5 million for the dam structure, $13 million to modify the hydroelectric
power facilities, $32.5 million for lands, roads and bridges, $1 million for environmental
studies and mitigation, and $25 million for design, contingency and other costs.46
42
See section 4.2.2, Appendices A and B, and pp. E-155, E-190, E-235, and E-354
of the Final EIS.
43
Id. at pp. A-3 to A-4.
44
Id. at p. A-15.
45
Id. at p. A-20.
46
Id. at p. A-4.
Project No. 2188-030
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Constructing a new dam would reduce the mean temperature by approximately 7
degrees C in the vicinity of the dam and by approximately 3 degrees C at Three Forks.47
Raising the level of Ennis Lake would inundate the existing residential, recreational, and
agricultural land uses and facilities along the Ennis Lake shoreline.
The third alternative is to construct a channel to reroute Madison River flows
around the shoreline of Ennis Lake. Montana Power estimated the total cost of this option
at $30 million, including $1 million for environmental studies and mitigation.48 The
effect on water temperature in the Madison River would be comparable to the effect from
removing Madison Dam, in that both involve flowing the water through without delay or
obstruction. Depending on the frequency of use of the channel, the temperature of the
water in Ennis Lake might rise, affecting the fishery resources in the lake.49 Constructing
a channel would adversely affect fish and waterfowl populations, and would restrict boat
access by anglers, hunters, birdwatchers, and other recreationists to areas along the eastern
and southern shorelines of the lake.50
The fourth alternative is to "pulse" alternating high and low flows from Ennis Lake
during hot days or weeks in the summer.51 This would be done by releasing water from
Madison Dam for 12 hours (during the warmest part of the day) at a flow of 2,100 cubic
feet per second (cfs), followed by 12 hours (during the coolest part of the day) at 1,100
cfs. The larger volume of water would provide a greater mass for the absorption of heat
during the warmer part of the day, while the smaller volumes of water would be flowing
during the cooler parts of the day. The concept of pulsed flows relies on the fact that the
greater the volume of water, the less the rate of heat transfer.
47
Id. at p. A-12, figure A-3.
48
Id. at p. A-4.
49
Id. at p. A-16.
50
Id. at p. A-20.
51
Id. at p. A-5.
Project No. 2188-030
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The effect of pulsed flows on water temperature in the Madison River below
Madison Dam would be roughly comparable to the reduction in temperature that would be
obtained by either removing the dam or channeling around the lake; the difference in mean
temperature reduction among those three alternatives is no more than one half of one
degree C.52 There would be no impact on the fishery or recreational resources at Ennis
Lake.53
The Final EIS rejects the dam removal, dam construction, and channel alternatives
because all three involve high costs, substantial disruption, and adverse impacts that are far
out of proportion to the benefits to be derived. We agree with that analysis.54 The
"pulse" alternative avoids all of those costs, disruptions, and adverse impacts while
providing essentially the same benefit as the dam removal and channel around alternatives.
While the new dam alternative would provide marginally greater benefits, those benefits
are heavily outweighed by the cost, disruption, and adverse impacts inherent in that
alternative. The license issued by this order mandates use of pulsed flows, by requiring
that the licensee develop, implement, and monitor the effectiveness of a protocol to reduce
the potential thermal effects from the operation of the Madison Development on the fishery
of the Madison River downstream of Madison Dam.55
The Madison Coalition contends that the pulsed-flow alternative does not address
the potential effects of chronic exposure to elevated temperatures. While we recognize
that chronic effects, such as changes in the benthic community, reduced fish growth,
spawning success and condition factor, may be a concern, our staff was unable to find any
data to substantiate the Coalition's contention that chronic impacts represent a threat to the
fishery downstream of Madison Dam, and there are no established exposure criteria with
52
Id. at p. A-14.
53
Id. at pp. A-17 and A-21.
54
The fishery resources in Ennis Lake are also valued for recreational and
commercial purposes; even before the Madison Dam was built, native salmonids in the
lower Madison River were naturally limited by high water temperatures; food, habitat
quality, and angling likely play a role in limiting trout populations in the lower river (Final
EIS at p. A-24); and the species of concern to the Coalition, rainbow and brown trout,
while valued for recreational and commercial purposes, are not indigenous to the river, nor
are they threatened or endangered. Id.
55
See Article 413.
Project No. 2188-030
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which to compare the thermal regime of the Madison River. The persistence of a viable
trout population subsequent to construction of the dam indicates that chronic exposure to
sub-lethal temperatures does not have any meaningful long-lasting effects on the fish
population.
THE HOLTER DEVELOPMENT
On August 2, 1999, Montana Power filed a letter describing its plans to replace the
flashboards on the Holter Dam, which involved drawing down the Holter reservoir by
16 feet. In response to our notice of the filing, Trout Unlimited filed a protest and request
for a stay, and the Holter Coalition and numerous local residents, fishing outfitters and
guides filed comments and protests. In general, they objected to both the method and the
timing of Montana Power's proposed flashboard replacement. Trout Unlimited contended
that the 16-foot drawdown would negatively affect trout spawning periods in the Missouri
River by encouraging trout to spawn above the normal downstream water surface
elevation, and that when downstream water surface elevations receded to their normal level
spawning redds would be exposed. Trout Unlimited also contended that yellow perch and
kokanee salmon in Holter Reservoir would be flushed from the reservoir into the
downstream tailwater, resulting in a loss of fishery resources from the reservoir. Trout
Unlimited and others advocated, in the alternative, the use of a bulkhead or coffer dam.
The Holter Coalition advocated various mitigation and consultation measures to ameliorate
the impact of the drawdown.
By letter filed September 3, 1999, Montana Power withdrew its Holter flashboard
proposal, rendering the flashboard replacement issue moot.56 We recognize, however,
that the issue of reservoir drawdowns may arise in the future. Therefore, Article 403 of
the license issued herein requires Montana Power to consult with the resource agencies
prior to seeking Commission approval for any deviation from typical operations for
maintenance or construction activities.
HEBGEN DEVELOPMENT
Historically, and under normal operations, the Hebgen Development has been
operated such that Montana Power attempts to maintain the pool elevation within 4.61 feet
of the normal maximum pool elevation of 6,540.18 feet (USGS) until September 1 of each
year. Beginning on September 1, Hebgen Lake is drafted down so that by the end of
56
Letter to the Secretary from John C. Van Devoir, Manager, Hydro Operations,
Montana Power, August 31, 1999.
Project No. 2188-030
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November it reaches an elevation of 6,529.31 feet (USGS) . Beginning in April, the lake
is refilled to again be within 4.61 feet of the normal maximum pool elevation. However,
under the Missouri River Coordination Agreement with the Bureau of Reclamation, the
licensee may release water from Hebgen Lake if storage in the Bureau's Canyon Ferry
Reservoir falls below elevation 3,769 feet.
Under the conditions of this license, the drawdown of Hebgen Lake will be
prolonged, beginning September 1 and concluding at the end of March. The reason for
prolonging the draw-down period is to stabilize aquatic habitat in the Madison River in
order to enhance trout spawning success downstream of Hebgen Lake.
Subsequent to issuance of the Final EIS, we received a number of letters from local
residents who own property on the shore of the lake, expressing concern that the prolonged
drawdown period would result in damage to boat docks surrounding the reservoir. They
described problems that they have experienced when drawdowns have not been completed
before the lake froze: docks became locked in the ice and were pulled out of their
locations.
The issue before us is one of balancing reservoir-related recreational opportunities
with downstream fishery resource enhancement opportunities. Over the years the
Madison River downstream has become one of the premier trout streams in the country,
classified by the Montana Department of Fish Wildlife and Parks as an outstanding fishery
resource.57 In recent years, however, the introduction of whirling disease has reduced the
rainbow trout population to only about 10 to 25 percent of its former level. In addition, a
historically important spawning area downstream of Quake Lake has undergone significant
changes that have reduced the amount of available spawning habitat.58 Brown trout,
which have become the predominant game species in the Madison River, spawn in the fall.
In order to protect brown trout spawning success, spawning redds must not become
dewatered over winter. The proposal to lengthen the drawdown rate of Hebgen Reservoir
will ensure that brown trout redds remain adequately watered during incubation and
emergence periods.59 However, as the Final EIS noted, prolonging the drawdown period
may result in adverse impacts to shoreline recreation facilities. The Final EIS therefore
recommends that the licensee develop a shoreline management plan that provides for
monitoring such impacts and studying mitigative measures, including possible adjustments
57
Final EIS at p. 3-42.
58
Final EIS at p. 3-48.
59
Final EIS at 4-21.
Project No. 2188-030
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to the precise rate and timing of the prolonged drawdown required herein.60 This
recommendation is incorporated in Article 424 of the license issued herein.
60
Final EIS at p. 2-7.
Project No. 2188-030
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WATER RIGHTS
The Montana Department of Environmental Quality (Montana DEQ) points out that
the licensee has certain senior water rights in the upper Missouri River basin that it has not
called in the last 50 or more years. The agency states that over the years junior water
rights holders, many of them agricultural irrigators, "have grown accustomed to" using
their irrigation water without calls thereon by senior water rights.61 In consequence,
according to Montana DEQ, were the licensee to exercise its senior water rights, the result
could be "adverse economic effects on junior irrigators, agricultural sales, farm labor
income and the economic base of communities in the upper Missouri basin."62 For this
reason, the agency asks the Commission either to condition the Missouri-Madison Project
license upon the maintenance of project's historical use of water, or to supplement the Final
EIS with a comprehensive analysis of the impacts the licensee's call on senior water rights
could have on agricultural and other interests.63
Montana asserts that the need for such an analysis is vital, since a new project license "will
decide for the next 50 years what is the best comprehensive plan for the development of the
waterway."64
Montana Power responded that any harm from a future call on the project's senior
water rights is too speculative to be analyzed; that the project's water rights are only a
fraction of senior rights and are themselves subject to more senior irrigation rights; and that
in any event the Commission cannot interfere with its state-granted water rights in the
manner sought by Montana DEQ.65
61
Letter from Mark A. Simonvich, Director, Montana DEQ, to the Secretary, filed
November 1, 1999, attachment at p. 2.
62
Id., letter at 1-2.
63
Source Giant Springs, Inc., which has a bottled water facility using water from a
Missouri River tributary, filed, on November 10, 1999, comments in support of Montana
DEQ's request.
64
Montana DEQ's November 1, 1999 letter, attachment at 3.
65
Montana Power comments filed November 12, 1999.
Project No. 2188-030
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First, we note that, whereas the Commission has no jurisdiction over water rights, it
does have the authority to condition of the grant of a hydroelectric project license with
constraints on the licensee's use of its water rights, if the public interest so requires.66
Second, we point out that, whereas new licenses are issued for terms of 30 to 50 years,67
the mandate of FPA Section 10(a)(1) that the licensed project be best adapted to a
comprehensive plan for all beneficial purposes applies throughout the term of the license.68
For this reason, licenses reserve our authority to modify project operations as appropriate
in light of changing circumstances, after notice and opportunity for a hearing, and based on
substantial evidence.69 Thus, while we agree with the licensee that the hypothetical
possibility of harm to the junior water rights holders attributable to a potential licensee call
at some unknown time in the future on its senior water rights is too speculative to warrant
either a supplement to the Final EIS or a subordination clause in the license,70 we retain
the ability to reexamine the project's use of its water rights, should there be evidence of the
need for such reexamination.
66
See, e.g., Trinity River Authority of Texas, 41 FERC ¶ 61,300 at p. 61,791
(1987); Rancho Riata Hydro Partners, Inc., 54 FERC ¶ 61,176 at p. 61,534 (1991).
67
See Section 15(e) of the FPA, 16 U.S.C. § 808(e).
68
See cases cited in n. 66, supra.
69
Standard Article 12 of the new Project No. 2118 license provides:
[t]he operations of the Licensee, so far as they affect the use, storage
and discharge from storage of waters affected by the license, shall at all times
be controlled by such reasonable rules and regulations as the Commission
may prescribe for the protection of life, health, and property, and in the
interest of the fullest practicable conservation and utilization of such waters
for power purposes and for other beneficial public uses, including
recreational purposes . . .
See Form L-5, published at 54 FPC 1832-42 (1975) at 1836; incorporated by
reference in ordering paragraph (E) in this order. See also discussion in Rancho Riata
Hydro Partners, supra, 54 FERC at p. 61,534.
70
See discussion in Horseshoe Bend Hydroelectric Co., 42 FERC ¶ 61,072 at
pp. 61,324-25 (1988) .
Project No. 2188-030
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COMPREHENSIVE PLANS
Section 10(a)(2)(A) of the FPA requires the Commission to consider the extent to
which a project is consistent with federal or state comprehensive plans for improving,
developing, or conserving waterways affected by the project.71 Federal and state agencies
filed 36 comprehensive plans that address various resources in Montana. Of these, we
identified and reviewed 21 plans relevant to the Missouri-Madison Hydroelectric
Project,72 and have concluded that the project, with the environmental measures adopted
herein, will be consistent with these plans.
71
The definition of "comprehensive plan" in this context is set forth at 18 CFR 2.19
(2000).
72
These plans are: (1) Environmental Impact Statement for the Helena National
Forest Land and Resource Management Plan, 1986, U.S. Forest Service, Helena, Montana;
(2) Lewis and Clark National Forest Plan, 1986, U.S. Forest Service, Great Falls, Montana;
(3) Gallatin National Forest Plan, 1987, U.S. Forest Service, Bozeman, Montana; (4)
Montana Statewide Comprehensive Outdoor Recreation Plan, 1988, MDFWP, Helena,
Montana; (5) Hauser Reservoir Fisheries Management Plan, September 1989 to September
1994, 1989, MDFWP, Helena, Montana; (6) Missouri River Management Plan: Holter
Dam to Great Falls, 1990 to 1994, 1990, MDFWP, Helena, Montana; (7) Canyon Ferry
Reservoir/Missouri River Fisheries Management Plan, January 1993 to January 1998,
1992, MDFWP, Helena, Monatana; (8) MDFWP Water Rights Filings Under S.B. 76,
1993, MDFWP, Helena, Montana; (9) Montana Statewide Comprehensive Outdoor
Recreation Plan: Executive Summary, 1993, MDFWP, Helena, Montana; (10) State of
Montana Nonpoint Source Management Plan, 1991, MDEQ, Helena, Montana; (11)
Montana Water Quality 1994: The Montana 305(b) Report, 1994, MDEQ, Helena,
Montana; (12) Montana Water Plan Management Section: Federal Hydropower Licensing
and State Water Rights, 1989, MDNRC, Helena, Montana; (13) Montana Water Plan
Management Section: Instream Flow Protection, 1989, MDNRC, Helena, Montana; (14)
Montana Water Plan: Water Storage, 1990, MDNRC, Helena, Montana; (15) Montana
Water Plan: Drought Management, 1990, MDNRC, Helena, Montana; (16) Montana
Water Plan: Integrated Water Quality and Quantity Management, 1992, MDNRC, Helena,
Montana; (17) Montana List of Waterbodies in Need of Total Maximum Daily Load
Development, 1996, MDEQ, Helena, Montana; (18) Northwest Conservation and Electric
Power Plan, 1986, Northwest Power Planning Council (NPPC), Portland, Oregon; (19)
Protected Areas Summary and Response to Comments, 1990, NPPC, Portland, Oregon;
(20) Proposed Protected Areas Changes: 1992 Rulemaking, 1992, NPPC, Portland,
Project No. 2188-030
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COMPREHENSIVE DEVELOPMENT
Oregon; and (21) Montana House Bill No. 546, Total Maximum Daily Load Legislation,
1997, State of Montana, Helena, Montana.
Project No. 2188-030
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Sections 4(e) and 10(a)(1) of the FPA, §§ 16 U.S.C. 797(e) and 803(a)(1), require
the Commission, in acting on applications for license, to give equal consideration to the
power development purposes and to the purposes of energy conservation, the protection,
mitigation of damage to, and enhancement of fish and wildlife, the protection of
recreational opportunities, and the preservation of other aspects of environmental quality.
Any license issued shall be such as in the Commission's judgment will be best adapted to a
comprehensive plan for improving or developing a waterway or waterways for all
beneficial public uses. As part of this analysis, the Commission considers the economic
benefits of project power.
Under the Commission's approach to evaluating the economics of hydropower
projects, as articulated in Mead Corp.,73 the Commission employs an analysis that uses
current costs to compare the costs of the project and likely alternative power with no
forecasts concerning potential future inflation, escalation, or deflation beyond the license
issuance date. The basic purpose of the Commission's economic analysis is to provide a
general estimate of the potential power benefits and the costs of a project, and reasonable
alternatives to project power. The estimate helps to support an informed decision
concerning what is in the public interest with respect to a proposed license.
In addition, certain economic factors related to project decommissioning impinge
on the decision to issue a new license that are not present in the licensing of new projects.
If an existing project is not issued a new license, or if the licensee declines to accept the
new license, the project probably will have to be retired in one form or another. This
could range from simply removing the generators at the project developments to potential
major environmental impacts and restoration resulting from removing the project's dams.
Based on current economic conditions, without future escalation or inflation, the
Missouri-Madison Project, if licensed as proposed by the applicant, would provide a firm
capacity of 326.9 MW and produce an average 1,945 GWh of energy, at an annual cost of
about 13.8 mills/kWh, or about 17.76 mills/kWh less than the current cost of an equivalent
amount of capacity and energy using available alternative power sources. If licensed in
accordance with the Commission staff's preferred alternative as described in the Final EIS,
the project would produce a firm capacity of 326.9 MW and an average of 1,945 GWh of
energy at an annual cost of about 13.4 mills/kWh, or about 18.16 mills/kWh less than the
current cost of alternative power.74
73
74
72 FERC ¶ 61,027 (1995).
The Final EIS (see pp. 2-55 and 2-56) did not include the cost of capacity in the
cost of alternative power. The cost of alternative power was based on the cost of
alternative energy only, or 18.66 mills/kWh. Assuming a cost of alternative capacity is
Project No. 2188-030
- 29 -
$105 per kilowatt-year based on the cost of combined-cycle combustion turbine capacity
and an average annual plant factor of 70 percent for combined-cycle generation, the cost of
alternative capacity would be about 12.9 mills/kWh. Therefore, the total cost of
alternative power is 31.6 mills/kWh.
Project No. 2188-030
- 30 -
The Final EIS analyzes the effects associated with the issuance of a new license for
the project, and recommends a variety of measures to protect and enhance the
environmental resources, which we adopt, as discussed herein. The recommended
measures were for the most part developed after the consideration of the terms and
conditions submitted by federal and state agencies.
Based on review and evaluation of the project as proposed by the applicant/licensee,
and with the additional required measures, we conclude that operating and maintaining the
project in the manner required by the license will protect and enhance fish and wildlife
resources, water quality, recreational, and cultural resources. The electric power
generated from renewable water power resources will be beneficial because it will continue
to offset the use of fossil-fueled, steam-electric generating plants, thereby conserving
nonrenewable resources and reducing atmospheric pollution. With this project providing
the infrastructure for a total generating capacity of 326.9 MW, using the Oak Ridge
Competitive Electricity Dispatch model, it is estimated that approximately 300,000 metric
tons of greenhouse gas emissions may be avoided annually. We find, therefore, that the
Missouri-Madison Hydroelectric Project, with the required measures, is best adapted to a
comprehensive plan for the use, conservation, and development of the waterway for
beneficial public purposes.
The design of this project is consistent with the engineering standards governing
dam safety. The project will be safe if operated and maintained in accordance with the
requirements of this license.
LICENSE TERM
Section 15(e) of the FPA75 provides that any new license issued shall be for a term
of not less than 30 years nor more than 50 years. The Commission's general policy is to
establish 30-year terms for projects with little or no redevelopment, new construction, new
capacity, or environmental mitigative and enhancement measures; 40-year terms for
projects with a moderate amount of such activities; and 50-year terms for projects which
propose extensive measures of these kinds. Accordingly, because this new license
requires a moderate amount of environmental mitigative and enhancement measures, the
license will have a term of 40 years.
75
16 U.S.C. § 808(e).
Project No. 2188-030
- 31 -
The Commission orders:
(A) The motions to intervene out of time, filed by Trout Unlimited and its
Montana State Council, and by the Holter Coalition, are granted.
(B) This license is issued to PP&L Montana, LLC (Licensee), for a period of
40 years, effective the first day of the month in which the license is issued, to construct,
operate, and maintain the Missouri-Madison Hydroelectric Project. This license is subject
to the terms and conditions of the Federal Power Act (FPA), which is incorporated by
reference as part of this license, and subject to the regulations the Commission issues under
the provisions of the FPA.
(C) The project consists of:
(1) All land, to the extent of the Licensee's interests in those lands, enclosed by the
project boundary shown by exhibit G:
Exhibit G
Sheet 1
Sheet 2
Sheet 3
Sheet 4
Sheet 5
Sheet 6
Sheet 7
Sheet 8
Sheet 9
Sheet 10
Sheet 11
Sheet 12
Sheet 13
Sheet 14
Sheet 15
Sheet 16
FERC Drawing No.
2188-1091
2188-1092
2188-1093
2188-1094
2188-1095
2188-1096
2188-1097
2188-1098
2188-1099
2188-1100
2188-1101
2188-1102
2188-1103
2188-1104
2188-1105
2188-1106
Showing
Hebgen Development Boundary
Hebgen Development Boundary
Madison Development Boundary
Madison Development Boundary
Madison Development Boundary
Hauser Development Boundary
Hauser Development Boundary
Hauser Development Boundary
Holter Development Boundary
Holter Development Boundary
Holter Development Boundary
Black Eagle Development Boundary
Rainbow Development Boundary
Cochrane Development Boundary
Ryan Development Boundary
Morony Development Boundary
(2) Project works consisting of nine developments: (A) the Hebgen Development;
(B) the Madison Development; (C) the Hauser Development; (D) the Holter Development;
(E) the Black Eagle Development; (F) the Rainbow Development; (G) the Cochrane
Development; (H) the Ryan Development; and (I) the Morony Development.
Project No. 2188-030
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A. The Hebgen Development is located on the Madison River at mile 103 and
consists of: (1) an earth-filled with concrete core dam 721 feet long and 85 feet high, with
a crest elevation of 6,546 feet, with outlet works through the dam and a side-channel
spillway; (2) an impoundment with a surface area 13,000 acres and a storage capacity of
386,845 acre-feet at normal maximum water surface elevation of 6,534.87 feet; and (3)
other appurtenances. The Hebgen Development occupies 10,790 acres of Forest Service
lands. This development is used to store and regulate water; there are no generating
facilities at this development.
B. The Madison Development is located on the Madison River at river mile 40 and
consists of: (1) a 257-foot-long, 38.5-foot-high rock-filled concrete dam with a spillway
crest elevation of 4,833 feet with 9-foot-high slide panels on top; (2) an impoundment,
known as Ennis Lake, with a surface area of 3,900 acres and a storage capacity of 41,917
acre-feet at normal maximum water surface elevation of 41,841 acre-feet; (3) a control
building; (4) an intake structure; (5) a 7,500-foot, 13-foot-diameter flow line; (5) a surge
chamber; (7) four 9-foot-diameter, about 222-foot-long riveted steel penstocks; (8) a
powerhouse with 4 turbine-generator units with a total installed capacity of 10.9 MW; (9)
an interconnection with the licensee's integrated transmission system at the powerhouse
side; (10) a tailback; and (11) other appurtenances. The Madison Development occupies
358 acres of lands administered by BLM.
C. The Hauser Development is located on the Missouri River at River mile 2,237
and consists of: (1) a 700 foot-long, 80-foot-high concrete gravity dam with a spillway
crest elevation 3,621 feet with 5 bays of slide gates and 19 bays of 14.5-foot-high
removable flash boards on top; (2) an impoundment composed of two connected bodies of
water: the Hauser Lake and the Helena Lake with a combined surface area of 5,970 acres
and a storage capacity of 111,060 acre-feet at the normal maximum water surface elevation
of 6,35.4 feet; (3) an intake and forebay structure; (4) five 12-foot diameter short buried
riveted steel penstocks and a 14-foot-diameter short riveted steel penstock (a section of
which is tunneled through rock); (5) a powerhouse with 6 turbine generator units with a
total installed capacity of 21 MW; (6) an interconnection to the integrated transmission
system at the powerhouse; (7) a tailback; and (8) other appurtenances. The Hauser
Development occupies 75 acres of U.S. Forest Service lands and 574 acres of BLM lands.
D. The Holter Deve1opment is located on the Missouri River at river mile 2,211
and consists of: (1) a 1,364-foot-long, 124-foot-high concrete gravity dam with a spillway
crest elevation of 3,548 feet with 10 bays of slide gates and 21 bays of 16-foot-high flash
boards on top; (2) an impoundment, known as the Holter Lake, with a surface area of 4,550
acres and a storage capacity of 240,000 acre-feet at the normal maximum water surface
elevation of 3,564 feet; (3) an intake/powerhouse structure with four turbine-generator
units with a total installed capacity of 50 MW; (4) an interconnection to the transmission
Project No. 2188-030
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system at the powerhouse; (5) a tailrace; and (6) other appurtenances. The Holter
Development occupies 567 acres of Bureau of Reclamation lands and 166 acres of Forest
Service lands.
E. The Black Eagle Development is located on the Missouri River at river mile
2,1l8 and consists of: (1) a 782-foot-long, 345-foot-high curved concrete gravity dam
with a spillway crest elevation of 3,279 feet with 25 bays of 11-foot-high flash boards on
top; (2) a reservoir with a surface area of 402 acres and a storage capacity of 1,820 acre-feet
at normal maximum water surface elevation of 3,290 feet; a 421-foot-long, 96-foot-wide
forebay; (4) an intake/powerhouse structure containing 3 turbine generator units with a
total installed capacity of 18 MW; (5) an interconnection to its integrated system; (6) a
tailrace; and (7) other appurtenances.
F. The Rainbow Development is located on the Missouri River at river mile 2,115
and consists of: (1) a 1,146-foot-long, 43.5-foot-high rock-filled timber crib and concrete
dam with a 2-portion spillway with a crest elevation of 3,212 and 3,214 feet, respectively
(the left portion is topped with 10-foot-high flash boards and the right portion with rubber
dams providing a total top elevation of 3,224 feet); (2) the Rainbow Reservoir with a
surface area of 126 acres and a storage capacity of 1,237 acre-feet at a normal water surface
elevation of 3,224 feet; (3) two adjacent intake structures, one for units 1 through 6 and the
second for units 7 and 8; (4) two parallel 15.5-foot-diameter 2,350 foot-long riveted steel
flow lines for units 1 through 6 leading to; (5) a surge chamber; (6) twelve 8-foot-diameter,
343-foot-long riveted steel penstocks from the surge chamber to the powerhouse feeding
units 1 through 6; (7) a 2,401- foot-long, 14-foot-diameter steel flow line from the second
intake structure at the dam, with a surge tank at 1,689 feet from the intake; (8)
four-foot-diameter, 172-foot-long riveted steel penstocks from a manifold at the end of the
flow line to the powerhouse, feeding units 7 and 8; (9) a 20.5-foot diameter, 550-foot-long
flow line from the existing surge chamber to the new powerhouse; (10) two powerhouses
housing 8 turbine-generator units and 2 turbine-generating units for a total installed
capacity of 58 MW; (11) an interconnection with its integrated system at the powerhouses;
(12) a tailrace; and (13) other appurtenances.
G. The Cochrane Development is located on the Missouri River at river mile 2,111
and consists of: (1) 856-foot-long, 100-foot-high concrete gravity dam with a spillway
crest elevation of 3,034.75 feet with radial gates on top with a top elevation of 3,120 feet;
(2) the Cochrane Reservoir with a surface area of 249 acres and a storage capacity of 8,464
acre-feet at a water surface elevation of 3,115 feet; (3) a powerhouse at the dam with 2
turbine-generator units with a total installed capacity of 60 MW; (4) a 2.9-mile-long,
100-kV transmission line; (5) a tailrace; and (6) other appurtenances.
Project No. 2188-030
- 34 -
H. The Ryan Development is located on the Missouri River at river mile 2,110
(upstream from the crest of the Great Falls) and consists of: (1) a 1,465-foot-long, a
82-foot-high curved concrete gravity dam with a spillway crest elevation of 3,023 feet
topped with 16.25-foot-high flash boards; (2) the Ryan Reservoir with a surface area of 168
acres and a normal maximum storage capacity of 3,653 acre-feet at a water surface
elevation of 3,037 feet; (3) an intake structure; (4) six 12-foot 8-inch-diameter and
327-foot-long riveted steel penstock; (5) a powerhouse with 6 turbine generator units with
a total installed capacity of 60 MW; (6) a 4.6-mile-long, 100-kV transmission line; (7) a
tailrace; and (8) other appurtenances.
I. The Morony Development is located on the Missouri River at river mile 2,105
and consists of: (1) 842-foot-long, 96-foot-high concrete gravity dam with a spillway
crest elevation of 2,864 feet topped with 9 bays of radial gates and 1 bay of slide gates with
a top elevation of 2,887; (2) the Morony Reservoir with a surface area of 304 acres and a
storage capacity of 13,889 acre-feet at water surface elevation of 2,887 feet;
(3) an intake/powerhouse structure containing 2 turbine-generator units with a total
installed capacity of 49 MW; (4) an 8.5-mile-long, 100 kV transmission line; (5) a tailrace;
and (6) other appurtenances.
In summary, the project has a total installed capacity of 326.9 MW and an average
annual generation of 1,945 GWh. The project will occupy 11,031 acres of federal
reservation lands in National Forests; 567 acres of federal reservation lands under Bureau
of Reclamation management; and 932 acres of federal non-reservation lands managed by
the Bureau of Land Management.
The project works generally described above are more specifically shown and
described by those portions of Exhibits A and F shown below:
Exhibit A: The following section of Exhibit A filed on November 25, 1992:
Pages A-1 through A-9, describing the existing and proposed mechanical,
electrical, and transmission equipment within the application for license.
Exhibit F: The following Exhibit F filed on November 25, 1992:
Exhibit F Drawing
Hebgen Development
Sheet 1 of 3
Sheet 2 of 3
FERC Drawing No.
2188-1001
Description
Plan, Elevation, and Sections
2188-1002
Spillway Plan
Project No. 2188-030
- 35 -
Sheet 3 of 3
Madison Development
Sheet 1 of 8
Sheet 2 of 8
2188-1003
Outlet Works Plan
2188-1004
Sheet 3 of 8
Sheet 4 of 8
Sheet 5 of 8
Sheet 6 of 8
Sheet 7 of 8
2188-1009
Sheet 8 of 8
Hauser Development
Sheet 1 of 9
Sheet 2 of 9
2188-1012
Sheet 3 of 9
Sheet 4 of 9
Sheet 5 of 9
Sheet 6 of 9
Sheet 7 of 9
2188-1017
Sheet 8 of 9
Sheet 9 of 9
Holter Development
Sheet 1 of 10
Sheet 2 of 10
Sheet 3 of 10
2188-1021
Intake and
General Dam Plans
2188-1005
Spillway
Plans
2188-1006
Spillway
Section and Details
2188-1007
Intake and Right
Abutment Plans
2188-1008
Training and
Retaining Wall Plans
Flowline and Access Road Layouts
2188-1010
Proposed
Powerhouse Plans
2188-1011
Proposed
One-Line Diagrams
General Dam Plans
2188-1013
Spillway
Plans
2188-1014
Spillway
Gates Plan
2188-1015
Spillway Gate
Details Plan
2188-1016
Proposed
Powerhouse Plans
Proposed Improvements of Powerhouse
2188-1018
Proposed
Improvements of Powerhouse
2188-1019
Proposed
One-Line Diagrams
2188-1020
Lake Helena
Dam Plan & Sections
Powerhouse Elevations & Sections
2188-1022
Sections A/2,
D/2, and Details
2188-1023
Section B/3
Project No. 2188-030
- 36 -
Sheet 4 of 10
Sheet 5 of 10
Sheet 6 of 10
Sheet 7 of 10
Sheet 8 of 10
2188-1026
2188-1027
Sheet 9 of 10
Sheet 10 of 10
Black Eagle Development
Sheet 1 of 9
2188-1031
Sheet 2 of 9
Sheet 3 of 9
Sheet 4 of 9
Sheet 5 of 9
Sheet 6 of 9
Sheet 7 of 9
2188-1036
Sheet 8 of 9
Sheet 9 of 9
Rainbow Development
Sheet 1 of 19
Sheet 2 of 19
Sheet 3 of 19
Sheet 4 of 19
Sheet 5 of 19
2188-1040
2188-1024
Section C/4 &
Rating Curve
2188-1025
Powerhouse
Sections & Plans
Intake Plan, Elevation, & Detail
Turbine Floor Plan of Powerhouse
2188-1028
Powerhouse
Generator & Floor Plans
2188-1029
Powerhouse
3rd & 4th Floor Plans
2188-1030
One-Line
Diagrams
General Plans
2188-1032
Spillway
Plans & Elevations
2188-1033
Waste Gates
& R. Abutment Plans
2188-1034
Forebay & Bridge
Plans & Sections
2188-1035
Powerhouse
Plans & Elevations
Turbine and Generator Floor Plans
2188-1037
Second and
Third Floors
2188-1038
Powerhouse
Elevations
2188-1039
One-Line
Diagrams
General Plans
2188-1041
Spillway
Plans & Elevations
2188-1042
Rubber Dam
& Control House Plans
2188-1043
Spillway Sections &
Details
2188-1044
Units 1-6
Intake Structure Plans
Project No. 2188-030
Sheet 6 of 19
Sheet 7 of 19
Sheet 8 of 19
- 37 2188-1045
2188-1046
Sheet 9 of 19
Sheet 10 of 19
Sheet 11 of 19
Sheet 12 of 19
2188-1050
Sheet 13 of 19
Sheet 14 of 19
Sheet 15 of 19
Sheet 16 of 19
Sheet 17 of 19
2188-1055
Sheet 18 of 19
Sheet 19 of 19
Cochrane Development
Sheet 1 of 7
Sheet 2 of 7
2188-1059
Sheet 3 of 7
Sheet 4 of 7
Sheet 5 of 7
2188-1062
Sheet 6 of 7
Sheet 7 of 7
Ryan Development
Sheet 1 of 16
2188-1066
Intake-Unit 7 and 8 Plans & Elevations
Waste Gates Plan 7 Sections
2188-1047
Surge Tank,
Flowline Profiles & Plans
2188-1048
Existing
Surge Chamber Plan & Plans
2188-1049
Existing
Powerhouse Plan & Sections
Proposed Intake Plans & Sections
2188-1051
Proposed
Surge Chamber Modifications
2188-1052
Proposed
Powerhouse Roof Plan
2188-1053
Proposed
Powerhouse Generator Plans
2188-1054
Proposed
Powerhouse Turbine Plans
Proposed Powerhouse Section A-A
2188-1056
Proposed
Powerhouse Section B-B
2188-1057
Proposed
Powerhouse Section C-C
2188-1058
Proposed
One-Line Diagrams
General Plan & Elevations
2188-1060
Spillway
Sections & Details
2188-1061
Powerhouse
Plan Turbine Floor/Intake
Powerhouse Plan Generator Deck
2188-1063
Powerhouse
Elevations
2188-1064
Powerhouse
and Intake Cross Section
2188-1065
One-Line
Diagrams
General Plans
Project No. 2188-030
- 38 -
Sheet 2 of 16
Sheet 3 of 16
Sheet 4 of 16
Sheet 5 of 16
Sheet 6 of 16
Sheet 7 of 16
Sheet 8 of 16
2188-1071
2188-1072
Sheet 9 of 16
Sheet 10 of 16
Sheet 11 of 16
Sheet 12 of 16
2188-1076
Sheet 13 of 16
Sheet 14 of 16
Sheet 15 of 16
Sheet 16 of 16
Morony Development
Sheet 1 of 9
Sheet 2 of 9
2188-1081
2188-1082
Sheet 3 of 9
Sheet 4 of 9
Sheet 5 of 9
Sheet 6 of 9
Sheet 7 of 9
2188-1087
2188-1067
Spillway
Plans & Elevations
2188-1068
Intake Plans
& Elevations
2188-1069
Intake Cross
Sections & Details
2188-1070
Waste Gates
Plan & Sections
Abutment Plans & Elevations
Powerhouse Elevations
2188-1073
Powerhouse
Elevations & Turbine Plans
2188-1074
Powerhouse
Generator&2nd Floor Plans
2188-1075
Powerhouse
3rd Floor & Roof Plans
Powerhouse Cross Sections
2188-1077
One-Line
Diagrams
2188-1078
Proposed
Intake Plans & Sections
2188-1079
Proposed
Powerhouse Plans
2188-1080
Proposed
Powerhouse Sections
Proposed One-Line Diagram
General Dam Plans & Elevations
2188-1083
Spillway
Cross Sections A&B Detail
2188-1084
Sections C,
D, E & Trash Chute Detail
2188-1085
Powerhouse
Elevations
2188-1086
Powerhouse
Cross Sections & Plans
Powerhouse Turbine Floor Plan
2188-1088
Powerhouse
Generator Floor Plan
Project No. 2188-030
Sheet 8 of 9
Sheet 9 of 9
- 39 2188-1089
Roof Plan
2188-1090
One-Line Diagrams
Powerhouse
Proposed
(3) All of the structures, fixtures, equipment, or facilities used to operate or
maintain the project and located in the project boundary, all portable property that may be
employed in connection with the project, all riparian or other rights that are necessary or
appropriate in the operation or maintenance of the project.
(D) The Exhibits A, F, and G described above are approved and made part of the
license.
(E) This license is subject to the articles set forth in Form L-5 (October 1975),
entitled "Terms and Conditions of License for Constructed Major Project Affecting
Navigable Waters and Lands of the United States," and the following additional articles:
Article 201. The Licensee shall pay the United States the following annual
charges, effective the first day of the month in which the license is issued, and as
determined in accordance with provisions of the Commission's regulations in effect from
time to time, for the purposes of:
(1) reimbursing the United States for the cost of administration of Part I of the
FPA. The authorized installed capacity for that purpose is 291.8 megawatts, until the date
of commencement of construction of the new capacity authorized by this license, after
which time the authorized installed capacity is 326.9 megawatts;
(2) recompensing the United States for the use, occupancy and enjoyment of
12,530 acres of its lands (other than for transmission line right-of-way);
(3) recompensing the United States for the use, occupancy and enjoyment of its
lands for transmission line right-of-way; and
(4) recompensing the United States for the utilization of surplus water or water
power from the Bureau of Reclamation’s Canyon Ferry Hydroelectric Project.
Article 202. Pursuant to Section 10(d) of the FPA, a specified reasonable rate of
return upon the net investment in the project shall be used for determining surplus earnings
of the project for the establishment and maintenance of amortization reserves. The
Licensee shall set aside in a project amortization reserve account at the end of each fiscal
Project No. 2188-030
- 40 -
year one half of the project surplus earnings, if any, in excess of the specified rate of return
per annum on the net investment.
To the extent that there is a deficiency of project earnings below the specified
rate of return per annum for any fiscal year, the Licensee shall deduct the amount of that
deficiency from the amount of any surplus earnings subsequently accumulated, until
absorbed. The Licensee shall set aside one half of the remaining surplus earnings, if any,
cumulatively computed, in the project amortization reserve account. The Licensee shall
maintain the amounts established in the project amortization reserve account until further
order of the Commission.
The specified reasonable rate of return used in computing amortization
reserves shall be calculated annually based on current capital ratios developed from an
average of 13 monthly balances of amounts properly includible in the Licensee's long-term
debt and proprietary capital accounts as listed in the Commission's Uniform System of
Accounts. The cost rate for such ratios shall be the weighted average cost of long-term
debt and preferred stock for the year, and the cost of common equity shall be the interest
rate on 10-year government bonds (reported as the Treasury Department's 10 year constant
maturity series) computed on the monthly average for the year in question plus four
percentage points (400 basis points).
Article 203. Within 45 days of the date of issuance of the license, the licensee shall
file an original set and two duplicate sets of aperture cards of the approved drawings. The
set of originals must be reproduced on silver or gelatin 35mm microfilm. The duplicate
sets are copies of the originals made on diazo-type microfilm. All microfilm must be
mounted on type D (3-1/4" x 7-3/8") aperture cards.
Prior to microfilming, the Commission Drawing Number (e.g. 2188-F1, F2, etc. and
2188-G1, G2, etc.) shall be shown in the margin below the title block of the approved
drawing. After mounting, the Commission Drawing Number must be typed on the upper
right corner of each aperture card. Additionally, the Project Number, Commission
Exhibit (e.g., F-1, G-1, etc.), Drawing Title, and date of this license must be typed on the
upper left corner of each aperture card.
The original and one duplicate set of aperture cards must be filed with
the Secretary of the Commission, ATTN: OEP/DHAC. The remaining duplicate set of
aperture cards shall be filed with the Commission's Portland Regional Office.
Article 204. If the Licensee's project was directly benefitted by the construction
work of the United States (in this case, the Bureau of Reclamation’s Canyon Ferry
Hydroelectric Project) on a storage reservoir or other headwater improvement during the
Project No. 2188-030
- 41 -
term of the original license (including extensions of that term by annual licenses), and if
those headwater benefits were not previously assessed and reimbursed to the owner of the
headwater improvement, the Licensee shall reimburse the owner of the headwater
improvement for those benefits, at such time as they are assessed, in the same manner as
for benefits received during the term of this new license.
Article 301. The Licensee shall commence construction of and/or modification to
the project works within two years of the issuance of this license and shall complete
construction/modification of the project within four years of the issuance of this license.
Article 302. Within 90 days after finishing construction, the Licensee shall
submit, for Commission approval, eight copies of the revised Exhibits A, F, and G
describing the modified project (at the Madison, Hauser, Holter, and Rainbow
developments) as built. The Licensee shall submit six copies to the Commission, one
copy to the Commission's Regional Director, and one to the Director, Division of
Engineering and Environmental Review.
Article 303. Before starting construction, 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 Regional Director and two copies to the Commission
(one of these copies shall be a courtesy copy to the Commission's Director, Division of
Dam Safety and Inspections), of the approved cofferdam construction drawings and
specifications and the letters of approval.
Article 304. The Licensee shall, at least 60 days prior to the start of
construction, submit one copy to the Commission's Regional Director and two copies to the
Commission (one of these shall be a courtesy copy to the Director, Division of Dam Safety
and Inspections), of the final contract drawings and specifications for pertinent features of
the project, such as water retention structures, powerhouse or equivalent, and water
conveyance structures. The Commission may require changes in the plans and
specifications to assure a safe and adequate project. If the Licensee plans substantial
changes to location, size, type, or purpose of the water retention structures, powerhouse or
equivalent, or water conveyance structures, the plans and specifications must be
accompanied by revised exhibits F and G drawings, as necessary.
Article 401. The Licensee, after consultation with the Montana Department of
Environmental Quality (Montana DEQ), the Gallatin National Forest, the Helena National
Forest, the Bureau of Land Management (BLM), and the Bureau of Reclamation (BOR),
shall file the final drawings, specifications, and implementation schedule for controlling
Project No. 2188-030
- 42 -
erosion and sediment during project construction and spoil-disposal activities, and for
restoration and revegetation of disturbed areas. The drawings, specifications, and
schedule shall be filed along with the final project drawings and specifications required by
Article 302.
The filing shall also include documentation of agency consultation, copies of
documents and recommendations, and specific descriptions of how the agencies'
comments are accommodated. The Licensee shall allow a minimum of 30 days for the
agencies to comment and to make recommendations before filing with the Commission.
If the Licensee does not adopt a recommendation, the filing shall include the Licensee's
reasons, based on conditions at the site.
The Commission reserves the right to require changes in the drawings and
specifications to ensure proper control of erosion and discharge of sediment to wetlands
and watercourses, revegetation of disturbed areas with species important to wildlife, and
adequate protection of the environmental, scenic, and cultural values of the project area.
The Licensee shall implement the controls and restore and revegetate disturbed
areas according to the final drawings, specifications, and schedule, including any changes
required by the Commission.
Article 402. Within one year of the date of issuance of the license, the Licensee
shall file for Commission approval a plan to monitor and control reservoir shoreline
erosion at the project. The plan shall be based on, but not necessarily be limited to, the
Shoreline Bank Erosion Assessment (SBAE) filed as Exhibit 3 of Attachment 4 on
February 24, 1993. The plan at a minimum shall include: (1) annual monitoring of
reservoir shoreline sites identified in the SBAE as being in an active erosion condition to
determine whether or not control measures need to be implemented, and provisions for
implementing necessary control measures as their need is identified; (2) a schedule for
visual inspection on a 5- to 7-year basis of the reservoir shorelines identified in the SBAE
as experiencing minor or moderate erosion, and provisions for determining whether
specific sites would be reclassified and added to the "active" sites in (1), above; and (3)
provisions for periodic review and modification of the plan. The Licensee shall prepare
the plan after consultation with the Montana DEQ, the Montana State Historic Preservation
Officer, the Gallatin National Forest, the Helena National Forest, BLM, and BOR.
The Licensee shall include with the plan documentation of consultation, copies of
documents and recommendations on the completed plan after it has been prepared and
provided to the agencies, and specific descriptions of how the agencies' comments are
accommodated by the plan. The Licensee shall allow a minimum of 30 days for the
agencies to comment and to make recommendations before filing the plan with the
Project No. 2188-030
- 43 -
Commission. If the Licensee does not adopt a recommendation, the filing shall include
the Licensee's reasons, based on conditions at the site.
The Commission reserves the right to require changes in the plan to ensure proper
control of shoreline erosion, and adequate protection of the environmental and cultural
values of the project area. Upon Commission approval, the Licensee shall implement the
plan including any changes required by the Commission.
Article 403. Within 180 days after the issuance date of the license, the Licensee
shall file for Commission approval, and upon approval, implement the approved plan to
operate the Missouri Madison Project developments as described below:
Hebgen Development
(1) maintain a continuous minimum flow of 150 cfs in the Madison River as
measured just downstream from Hebgen Dam at USGS Gauge No. 6-385, and a
continuous minimum flow of 600 cfs at USGS Gauge No. 6-388 near the Kirby
Ranch;
(2) limit flows at USGS Gauge No. 6-388 near Kirby Ranch to no more than
3,500 cfs to minimize erosion of the Quake Lake outlet;
(3) limit changes in outflow from Hebgen Dam to no more than 10 percent
per day for the entire year;
(4) maintain the elevation of Hebgen Reservoir between 6,530.26 and
6,534.87 feet (normal full pool elevation) from June 20 through October 1. In a
typical year, the Licensee shall operate the Hebgen Development so that Hebgen
Reservoir would refill to approximately its full pool elevation of 6,534.87 feet in
late June or early July. The Licensee shall then maintain Hebgen Reservoir near its
full pool elevation until September 1. Between September 1 and March 31 of a
typical year, the Licensee shall draft Hebgen Reservoir to approximately an
elevation of 6,524 feet. During this period, as Hebgen Reservoir is being drafted,
the Licensee shall, to the extent practical given the variability of inflows to Hebgen
Reservoir, maintain a reasonably uniform discharge from the Hebgen Development.
After April 1 of a typical year, the Licensee shall operate the Hebgen Development
to refill Hebgen Reservoir to at least elevation 6,530.26 feet by June 20;
(5) obtain concurrence from the U.S. Fish and Wildlife Service (FWS),
Forest Service, Bureau of Land Management (BLM), Bureau of Reclamation
(BOR), Montana Department of Natural Resources and Conservation (Montana
Project No. 2188-030
- 44 -
DNRC), and Montana Department of Fish, Wildlife and Parks (Montana DFWP) to
intentionally deviate from proposed operations during normal river flows and
normal facility conditions; and
(6) implement the Missouri River Coordination Agreement with the Bureau
of Reclamation (BOR) (dated March 30, 1972, amended June 8, 1979).
For the purpose of implementing The Missouri River Coordination Agreement with
BOR, drafting of the Hebgen Reservoir shall not begin until all storage in Canyon Ferry
Reservoir above elevation 3,769 feet (28 feet below Canyon Ferry’s normal full pool) has
been utilized.
Madison Development
(1) operate Madison Dam as a baseload, run-of-river project (i.e., the dam
shall not be used for peaking, load following, or providing nonspinning operating
reserves);
(2) coordinate with the operation of the Hebgen Development to maintain a
continuous minimum flow of 1,100 cfs in the Madison River as measured at USGS
Gauge No. 6-410 downstream from the Madison Development;
(3) maintain the elevation of Ennis Lake between 4,840 and 4,841 feet
(normal full pool) when ice is absent, and at 4,839 feet between early December and
early April;
(4) provide an instantaneous minimum spawning flow of 200 cfs in the
bypass reach from April 1 through June 30, and an instantaneous minimum
(maintenance) flow of 80 cfs in the bypass reach from July 1 through March 31;
(5) not reduce flow in the Madison bypass reach from 600 cfs to minimum
flow by more than 100 cfs per hour, and not increase flow from less than 600 cfs to
600 cfs by more than 100 cfs per hour (except when needed to meet the 1,100-cfs
minimum flow below the powerhouse or to avoid overfilling Ennis Lake); and
(6) recognize continued flushing flow needs in the lower Madison River.
The Licensee shall also install a permanent flow gauge in the Madison bypass reach
to monitor instantaneous minimum flows and flow ramping rates (at bypass streamflows
less than 600 cfs).
Hauser Development
Project No. 2188-030
- 45 -
(1) operate the Hauser Dam as a baseload, run-of-river project (i.e., the dam
shall not be used for peaking, load following, or providing nonspinning operating
reserves);
(2) maintain the elevation of Hauser Reservoir and Lake Helena between
3,634.4 and 3,635.4 feet (normal full pool) and maintain continuous, stable flows in
the Missouri River immediately below Hauser Dam;
(3) limit to 10 percent the difference between the daily average flow
measured just below Hauser Dam (at a USGS gauging station to be installed) and
the daily average inflow to Hauser Reservoir and Lake Helena. For this purpose,
the inflow to Hauser Reservoir and Lake Helena shall be calculated based on the
measured flow below Hauser Dam and the change in storage content of Hauser
Reservoir and Lake Helena;
(4) limit the difference between the highest hourly average flow and the
lowest hourly average flow (as measured at the USGS gauging station to be
installed) on any day to no more than the sum of (a) 10 percent of the previous day’s
average flow at the gauging station and (b) any increase or decrease in releases from
Reclamation’s Canyon Ferry Dam occurring on the day in question or on the day
immediately preceding or the day immediately following the day in question;
(5) limit changes in the hourly average flow measured at the gauging station
to be installed to no more than 5 percent of the previous hour’s average flow; and
(6) enhance downstream power production, as required by the Missouri
River Coordination Agreement, if extreme drought conditions persist for an
extended period. The maximum required draft for this purpose is to elevation
3,621 feet. Drafting Hauser Reservoir and Lake Helena for this purpose is only
required after all of the storage in Canyon Ferry Reservoir and Hebgen Reservoir
has been utilized.
Holter Development
(1) operate holter Dam as a baseload, run-of-river project (i.e., the dam shall
not be used for peaking, load following, or providing nonspinning operating
reserves);
Project No. 2188-030
- 46 -
(2) maintain the elevation of Holter Reservoir between 3,563 and 3,564 feet
(normal full pool) and maintain continuous, stable flows in the Missouri River
immediately below the Holter Development;
(3) limit to no more than 10 percent the difference between the daily average
flow measured just below Holter Dam (USGS Gauge 6-665) and the daily average
inflow to Holter Reservoir. For this purpose, the inflow to Holter Reservoir shall be
calculated based on the measured flow at USGS Gauge No. 6-665 and the change in
storage content of Holter Reservoir;
(4) limit the difference between the highest hourly average flow and the
lowest hourly average flow (as measured at USGS Gauge No. 6-665) on any day to
no more than the sum of (a) 10 percent of the previous day’s average flow at USGS
Gauge No. 6-655 and (b) any increase or decrease in releases from BOR’s Canyon
Ferry Dam occurring on the day in question or on the day immediately preceding or
immediately following the day in question;
(5) limit changes in the hourly average flow measured at USGS Gauge
No. 6-655 to no more than 5 percent of the previous hour’s average flow; and
(6) obtain concurrence from FWS, Forest Service, BLM, BOR, Montana
DNRC, and Montana DFWP to intentionally deviate from proposed operations
during normal river flows and normal facility conditions.
The Licensee may temporarily (for a period of a few to several days) increase flows
from the Holter Development during and immediately preceding periods of extreme cold
to maintain or enhance power production at the Great Falls developments downstream.
The Licensee shall endeavor to minimize the reservoir drafts and downstream flow
fluctuations caused by this type of operation by coordinating the increased flows from the
Holter Development with increased flows from the Canyon Ferry Project.
Black Eagle Development
(1) operate black Eagle dam as a baseload, run-of-river project;
(2) maintain the elevation of Black Eagle Reservoir near its normal full pool
elevation of 3,290 feet;
(3) spill a minimum of 200 cfs at Black Eagle Dam between the hours of 9:00
a.m. and 8:00 p.m. on weekends and holidays during the summer, beginning with
the Memorial Day weekend and ending with the Labor Day weekend (except during
Project No. 2188-030
- 47 -
years when the April–June natural runoff into Canyon Ferry Reservoir is less than
900,000 acre-feet [50 percent of the 1961–1990 average]); and
(4) obtain concurrence from FWS, Montana DNRC, and Montana DFWP to
intentionally deviate from proposed operations during normal river flows and
normal facility conditions.
The Licensee may increase generation above the normal run-of-river level for up to
four hours to provide short-term generation reserves.
Rainbow Development
(1) operate Rainbow dam as a baseload, run-of-river project;
(2) maintain the elevation of Rainbow Reservoir near its normal full pool
elevation of 3,224 feet;
(3) spill a minimum of 200 cfs at Rainbow Dam between the hours of 9:00
a.m. and 8:00 p.m. on weekends and holidays during the summer, beginning with
the Memorial Day weekend and ending with the Labor Day weekend (except during
years when the April–June natural runoff into Canyon Ferry Reservoir is less than
900,000 acre-feet [50 percent of the 1961–1990 average]); and
(4) obtain concurrence from FWS, Montana DNRC, and Montana DFWP to
intentionally deviate from proposed operations during normal river flows and
normal facility conditions.
The Licensee may increase generation above the normal run-of-river level for up to
four hours to provide short-term generation reserves.
Cochrane Development
(1) at its discretion, operate the Cochrane Development to provide baseload
generation, short-term generation reserves, load-following generation, and, on a
coordinated basis with the Ryan and Morony developments, peaking generation;
(2) during baseload operation, maintain the elevation of Cochrane Reservoir
near its normal full pool elevation (currently 3,116.5 feet and proposed 3,120 feet);
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(3) during operations other than baseload, maintain the elevation of
Cochrane Reservoir between 3,105 and 3,116.5 feet until the Rainbow
Development has been modified, and between 3,110 and 3,120 feet thereafter; and
(4) obtain concurrence from FWS, Montana DNRC, and Montana DFWP to
intentionally deviate from proposed operations during normal river flows and
normal facility conditions.
Ryan Development
(1) at its discretion, operate the Ryan Development to provide baseload
generation, short-term generation reserves, load-following generation, and, on a
coordinated basis with the Cochrane and Morony developments, peaking
generation;
(2) during baseload and other operations, maintain the elevation of Ryan
Reservoir near its normal full pool elevation of 3,037 feet by coordinating
operations with the Cochrane Development;
(3) spill a minimum of 200 cfs at Ryan Dam between the hours of 9:00 a.m.
and 8:00 p.m. on weekends and holidays during the summer, beginning with the
Memorial Day weekend and ending with the Labor Day weekend (except during
years when the April–June natural runoff into Canyon Ferry Reservoir is less than
900,000 acre-feet [50 percent of the 1961–1990 average]); and
(4) obtain concurrence from FWS, Montana DNRC, and Montana DFWP to
intentionally deviate from the above proposed operations during normal river flows
and normal facility conditions.
Morony Development
(1) operate the Morony Development as a baseload project with outflows
approximately equal to inflows into the Great Falls developments upstream;
(2) not operate the Morony Development for peaking, load following, or
providing nonspinning operating reserves;
(3) use the Morony Development to re-regulate releases from the Cochrane
and Ryan developments when they are operated to provide short-term reserve
generation, load-following generation, or peaking generation;
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(4) during baseload operations at the Ryan and Cochrane developments,
maintain the elevation of Morony Reservoir between 2,885 and 2,888 feet;
(5) during Ryan and Cochrane operations other than baseload, maintain the
elevation of Morony Reservoir between 2,878 and 2,888 feet;
(6) limit to 10 percent the difference between the daily average flow
measured just below Morony Dam (at USGS Gauge 6-903) and the daily average
inflow to the Great Falls developments. For this purpose, the inflow to the Great
Falls developments shall be calculated based on the measured flow at USGS Gauge
No. 6-903 and the change in storage content of Black Eagle, Rainbow, Cochrane,
Ryan, and Morony reservoirs;
(7) limit the difference between the highest hourly average flow and the
lowest hourly average flow (as measured at USGS Gauge No. 6-903) on any day to
no more than the sum of (a) 15 percent of the previous day’s average flow at USGS
Gauge No. 6-903 and (b) the greater of the sum of the differences between the
highest hourly average flow and the lowest hourly average flow measured as
inflows to Black Eagle on the day in question or the day preceding the day in
question;
(8) limit changes in the hourly average flow measured at USGS Gauge No.
6-903 to no more than 7.5 percent from the previous hour’s average flow; and
(9) obtain concurrence from FWS, Montana DNRC, and Montana DFWP to
intentionally deviate from proposed operations during normal river flows and
normal facility conditions.
Ninety days prior to any scheduled reservoir drawdown, the Licensee shall file, for
Commission approval, a reservoir drawdown plan. The Licensee shall prepare the plan
after consultation with the Forest Service, BLM, BOR, FWS, Montana DFWP, and other
interested entities. The Licensee shall include with the plan documentation of
consultation, copies of comments and recommendations on the completed plan after it has
been prepared and provided to the agencies, and specific descriptions of how the agencies'
comments are accommodated by the plan.
The Licensee shall allow a minimum of 30 days for the resource agencies to
comment and make recommendations before 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.
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The Commission reserves the right to require changes to the proposed plan. Upon
Commission approval, the Licensee shall implement the plan including any changes
required by the Commission.
This Article's flows and water surface elevation requirements may be temporarily
modified, if required by operating emergencies or flow conditions beyond the control of
the licensee, approved maintenance activities, or for short periods upon mutual agreement
among the Licensee, the Forest Service as appropriate, the BLM, FWS, Montana DFWP,
and Montana DEQ to: (1) accommodate special maintenance or construction
requirements; (2) allow for archaeological studies; (3) implement the temperature
enhancing pulsed flow protocol at the Madison development, required in Article 413; (4)
satisfy power production purposes during an extended period of extreme drought; and (5)
implement the Missouri River Coordination Agreement with BOR, which requires that
water stored in the reservoirs at the nine project developments be used to enhance
downstream power production if extreme drought conditions persist for an extended
period. If the flows or water surface elevations are so modified, the Licensee shall notify
the Commission as soon as possible, but no later than 10 days after each such incident.
Article 404. Within 180 days after the date of issuance of the license, the Licensee
shall file for Commission approval a final water quality monitoring program for the
Madison River from above Hebgen Reservoir to the Missouri River near Fort Benton.
The water quality monitoring conducted under the program must be operational before the
Licensee makes any changes in the operation of any of the project reservoirs. The
Licensee shall submit to the Commission an updated, Montana DEQ-approved monitoring
program every five years. Specific parameters to be monitored include temperature,
specific conductance, pH, dissolved oxygen, total dissolved gases (Hauser Development
only), alkalinity, turbidity, nutrients (nitrogen and phosphorous), suspended sediments and
total suspended solids, and trace elements (total and dissolved arsenic at all locations and
cadmium, copper, iron, lead, manganese, and zinc at the five Great Falls developments).
At a minimum, the monitoring program shall include: (1) short-term monitoring of
maintenance activities and special project operations; (2) long-term trend monitoring; (3)
biomonitoring; (4) biocontaminant monitoring; and (5) analysis and interpretation of
monitoring results.
The monitoring program shall also include a schedule for: (1) implementation of
the program; (2) reporting and consultation with the Forest Service, FWS, Montana
DNRC, and Montana DFWP concerning the annual results from the program; and (3) filing
the results, agency comments, and the Licensee’s response to agency comments with the
Commission. The program shall also incorporated the following project specific
requirements:
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Hebgen Development
The Licensee shall establish two water quality stations, one in the Madison River
above Hegben Reservoir and the other in the Madison River below Hebgen Dam at USGS
Gauge No. 6-385. The Licensee shall analyze the following parameters during March,
June, and August of each year: total and dissolved nutrients (PO4-P, TKN, and NH3-N),
total and dissolved metals (Ca, Mg, Fe, A, and As), sediment (TSS, TDS, and turbidity),
in-situ variables (pH, conductivity, dissolved oxygen, and temperature), and chlorophyll.
The Licensee shall also file with the water quality monitoring program, a plan
approved by the Forest Service for monitoring toxic algae blooms in Hebgen Reservoir
throughout the term of the license. The toxic algae bloom plan shall be prepared in
consultation with the Forest Service, the Montana DEQ, and the Gallatin County Health
Department. The plan shall include provisions for information and education should toxic
algae bloom be discovered.
The Licensee shall assist the Montana DEQ and the Gallatin County Health Department in monitoring toxic algae in Hebgen Reservoir. The Licensee shall fund an
annual water quality enhancement account that may be used for monitoring toxic algae
blooms in Hegben Reservoir, monitoring and treating appropriate point source discharges,
sediment control projects, and applied water quality research studies in the
Missouri-Madison river system.
Madison Development
The Licensee shall establish water quality sampling stations at the Montana DFWP
river access above Ennis and directly below the Madison powerhouse.
Hauser Development
Within one year of the date of issuance of the license, the Licensee shall establish
water quality sampling stations below the outlet of Canyon Ferry Dam and below Hauser
Dam. The Licensee shall prepare the program after consultation with the Forest Service,
BLM, FWS, Montana DEQ, and Montana DFWP. The Licensee shall include with the
program documentation of consultation, copies of comments and recommendations on the
completed program after it has been prepared and provided to the agencies, and specific
descriptions of how the agencies' comments are accommodated by the program. The
Licensee shall allow a minimum of 30 days for the agencies to comment and to make
recommendations prior to filing the program with the Commission. If the Licensee does
not adopt a recommendation, the filing shall include the Licensee's reasons, based on
project-specific information.
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The Commission reserves the right to require changes to the program. Upon
Commission approval, the Licensee shall implement the program, including any changes
required by the Commission.
Article 405. Prior to any dredging or excavation activities requiring Clean Water
Act Section 404 permits from the U.S. Army Corps of Engineers (Corps), the licensee shall
file for Commission approval a plan for conducting such activities. The plan shall include
the results of historic reservoir sediment toxicity testing and any other information required
to evaluate compliance with Section 404(b)(1) guidelines.
The Licensee shall prepare the plan after consultation with the Forest Service, BLM,
FWS, Corps, Montana DEQ and Montana DFWP. The Licensee shall include with the
plan documentation of consultation, copies of comments and recommendations on the
completed plan after it has been prepared and provided to the agencies, and specific
descriptions of how the agencies' comments are accommodated by the program. The
Licensee shall allow a minimum of 30 days for the agencies to comment and to make
recommendations 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. Upon
Commission approval, the Licensee shall implement the plan, including any changes
required by the Commission.
Article 406. By 180 days prior to scheduled powerhouse rehabilitation
construction at the Hauser Development, the Licensee shall submit for Commission
approval a plan for gas super-saturation monitoring during construction.
The Licensee shall prepare the plan after consultation with FWS, Montana DFWP,
and other interested entities. The Licensee shall include with the plan documentation of
consultation, copies of comments and recommendations on the completed plan after it has
been prepared and provided to the agencies, and specific descriptions of how the agencies’
comments are accommodated by the plan. The Licensee shall allow a minimum of 30
days for the agencies to comment and to make recommendations before 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 may require changes to the plan to ensure adequate protection of
the environmental, scenic, and cultural values of the project area. Upon Commission
approval, the licensee shall implement the plan.
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Article 407. Authority is reserved to the Commission to require the licensee to
construct, operate, and maintain, or to provide for the construction, operation, and
maintenance of, such fishways as may be prescribed by the Secretary of the Interior
pursuant to Section 18 of the Federal Power Act.
Article 408. Within one year of the date of issuance of the license, and every three
years thereafter, the Licensee shall submit for Commission approval a fisheries plan for
implementing specific mitigation and enhancement measures and post-licensing
evaluation and monitoring for the Madison River from Hebgen Reservoir to Three Forks.
The plan should include a schedule for implementing the following tasks for Hebgen
Reservoir and the upper Madison River: (1) monitor the effects of modified project
operations on Hebgen Reservoir fish populations; (2) evaluate the potential to enhance
tributary spawning to increase the contribution of natural reproduction to the Hebgen
Reservoir fishery; (3) monitor the effects of the proposed reservoir drawdown regime on
macrophytes and reservoir fisheries (e.g., effects on spawning habitat, egg/larvae survival,
and refuge habitat for juveniles); (4) identify, restore, and protect important riparian
areas;(5) monitor the effects of modified project operations on upper Madison River fish
populations; (6) monitor the effects of spring flow fluctuations on spawning success in the
upper Madison River as related to possible dewatering of redds during low flow and redd
destruction during high flow; (7) evaluate the potential to enhance tributary spawning to
increase the contribution of natural reproduction to the upper Madison River fishery; (8)
monitor fish species of special concern (i.e., Arctic grayling and cutthroat trout); (9)
monitor flushing flows in the Madison River and evaluate their effectiveness; (10) restore
spawning habitat (side channels) below Quake Lake in the Slide Inn area; and (11) monitor
ice erosion on reservoir shoreline habitats in Hebgen Reservoir to assess the rate of erosion
under the new operating regime and determine if erosion is directly or indirectly affecting
fish populations.
The Licensee shall prepare the plan in consultation with the Forest Service, FWS,
Montana DFWP, Montana DEQ and other interested entities. The plan shall include a
schedule for implementation of the program, for reporting and consultation with the
agencies concerning the annual results of the program, and for filing the results, agency
comments, and the Licensee’s response to agency comments with the Commission. The
Licensee shall include with the plan documentation of consultation, copies of comments
and recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies’ comments are accommodated by
the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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.
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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
At the end of three years, the Licensee shall submit to the Commission a summary
of the measures implemented and an evaluation (conducted in consultation with the
agencies) of the need for additional measures.
Article 409. Within one year of the date of issuance of the license, the Licensee
shall develop a plan to fund stream habitat enhancement and restoration activities in the
Madison River drainage. The plan shall include, but not be limited to: (1) stream
structure enhancements (to provide holding water for larger fish) between McAtee Bridge
and Varney in the upper Madison River; (2) river bank enhancements (undercuts and
vegetative cover) in the upper and lower Madison River to enhance brown trout habitat; (3)
fish habitat enhancement both in main stem and tributary streams, including enhancement
for all life stages of fishes; (4) purchasing water leases; (5) improving or replacing stream
culverts; (6) inclusion or exclusion of fish barriers; (7) purchasing fishing access;
(8) promotion or enhancement of wilderness fisheries; and (9) riparian habitat restoration.
The Licensee shall prepare the plan in consultation with the Forest Service, FWS,
Montana DFWP, Montana DEQ and other interested entities. The plan shall include a
schedule for implementation of the program, for reporting and consultation with the
agencies concerning the annual results of the program, and for filing the results, agency
comments, and the Licensee’s response to agency comments with the Commission. The
Licensee shall include with the plan documentation of consultation, copies of comments
and recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies’ comments are accommodated by
the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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 may require changes to the plan to ensure adequate protection of
the environmental, scenic, and cultural values of the project area. Upon Commission
approval, the licensee shall implement the plan.
Article 410. Within one year of the issuance of the license, the Licensee shall
submit for Commission approval and implement a plan to restore side channels in the
upper Madison River just below Quake Lake for the purpose of rehabilitating trout
spawning habitat.
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The Licensee shall prepare the plan after consultation with the Forest Service, FWS,
Montana DFWP and other interested entities. The Licensee shall include with the plan
documentation of consultation, copies of comments and recommendations on the
completed plan after it has been prepared and provided to the agencies, and specific
descriptions of how the agencies’ comments are accommodated by the plan. The
Licensee shall allow a minimum of 30 days for the agencies to comment and to make
recommendations before 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 may require changes to the plan to ensure adequate protection of
the environmental, scenic, and cultural values of the project area. Upon Commission
approval, the licensee shall implement the plan.
Article 411. Within one year of the issuance of the license, the Licensee shall file
for Commission approval a plan approved by the Forest Service for a baseline study to
delineate the growth and distribution of submerged macrophytes and their use by
waterfowl and reservoir fisheries in Hebgen Reservoir, Ennis Lake, and Lake Helena.
The plan shall include a proposal to implement the baseline study. In addition, the
Licensee shall conduct time-series (trend analysis) studies of macrophyte abundance in
Hebgen Reservoir at 3- to 5-year intervals for the term of the license.
The Licensee shall prepare the plan after consultation with the Forest Service, FWS,
BLM, Montana DFWP and other interested entities. The Licensee shall include with the
plan documentation of consultation, copies of comments and recommendations on the
completed plan after it has been prepared and provided to the agencies, and specific
descriptions of how the agencies’ comments are accommodated by the plan. The
Licensee shall allow a minimum of 30 days for the agencies to comment and to make
recommendations before 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 may require changes to the plan to ensure adequate protection of
the environmental, scenic, and cultural values of the project area. Upon Commission
approval, the licensee shall implement the plan.
Article 412. Within one year of the issuance of the license, and every three years
thereafter, the Licensee shall submit for Commission approval a fisheries plan for
implementing specific mitigation and enhancement measures and post-licensing
evaluation and monitoring for the Madison River from Hebgen Reservoir to Three Forks
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(see Article 408). The plan should include a schedule for implementing the following
tasks for Ennis Lake and the lower Madison River: (1) monitor the effects of modified
project operations (including pulsed flows) on Ennis Lake and lower Madison River fish
populations; (2) monitor ice erosion on reservoir shoreline habitats in Ennis Lake to assess
the rate of erosion under the new operating regime and determine if erosion is directly or
indirectly affecting fish populations; (3) evaluate the macrophyte community in Ennis
Lake relative to changes in the reservoir drawdown regime; (4) identify, restore, and
protect important riparian areas along Ennis Lake and the lower Madison River; (5)
protect and aid the recovery of threatened and endangered fish species and other aquatic
species of special concern, including Arctic grayling, in Ennis Lake and the lower Madison
River; (6) provide initial supplementation of spawning gravels within the Madison bypass
reach; (7) monitor the effectiveness of spawning gravel supplementation within the bypass
reach and make annual replacements as needed; (8) monitor fish and invertebrate
population dynamics in the bypass reach in response to new minimum flows;
(9) monitor flushing flow needs in the Madison River near Ennis, Norris, and Greycliff in
2002 and every 5 years thereafter for the term of the license; (10) evaluate the potential to
enhance tributary spawning to increase the contribution of natural reproduction to the
lower Madison River fishery; and (11) monitor fish populations in the lower Madison for
evidence of chronic effects of long-term exposure to high temperatures and, if found,
prescribe and carry out appropriate mitigation.
The Licensee shall prepare the plan in consultation with FWS, Montana DFWP,
Montana DEQ, and other interested entities. The plan shall include a schedule for
implementation of the program, for reporting and consultation with the agencies
concerning the annual results of the program, and for filing the results, agency comments,
and the Licensee’s response to agency comments with the Commission. The Licensee
shall include with the plan documentation of consultation, copies of comments and
recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies’ comments are accommodated by
the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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. Upon
Commission approval, the Licensee shall implement the plan, including any changes
required by the Commission
At the end of three years, the Licensee shall submit to the Commission a summary
of the measures implemented and an evaluation (conducted in consultation with the
agencies) of the need for additional measures.
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Article 413. To monitor and mitigate potential thermal effects in the lower
Madison River, the Licensee shall: (1) continue to collect water temperature data at
several sites in the lower Madison River; (2) continue development of the Madison
Thermal Model (either the existing statistical model or a more mechanistic dynamic
model) and update calibration with recent temperature data; (3) use model output to
develop and test a pulsed flow protocol (magnitude, duration, and timing) to achieve
desired temperature reduction in the lower Madison River at critical times; (4) develop a
protocol for implementing pulsed flows based on real time temperature data and model
output -- temperature trigger points should include measures such as daily mean, daily
maximum, daily range, weekly range, and sudden increases (either daily or weekly); (5)
install and maintain remote (real time) water temperature and meteorology sensing
equipment in the lower Madison River (in the Greycliff-to-Black’s Ford reach) to trigger
pulsed releases; and (6) monitor the effectiveness of pulsed flows to achieve desired
temperature reduction in lower Madison River. If pulsed flows do not achieve the desired
objectives, other means should be evaluated in consultation with the FWS, Montana
DFWP, and Montana DEQ.
Within 180 days after issuance of the license, the Licensee shall submit for
Commission approval a three-year plan for continued thermal assessment and monitoring
and development of the pulsed flow protocol. The plan shall be developed in consultation
with the FWS, Montana DFWP, Montana DEQ and other interested entities. The
Licensee shall include with the plan documentation of consultation, copies of comments
and recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies' comments are accommodated by
the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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. Upon
Commission approval, the Licensee shall implement the plan, including any changes
required by the Commission.
At the end of three years, the Licensee shall submit to the Commission a summary
of the work and a final protocol, developed in consultation with the agencies and other
interested parties, for determining when pulsed flows are needed and how they would be
implemented. If the summary indicates that the pulsed-flow method is not adequate, the
Licensee shall develop and analyze alternatives to address this issue and provide
appropriate mitigation.
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Article 414. Within one year of the date of issuance of the license, and every three
years thereafter, the Licensee shall submit for Commission approval a fisheries plan for
implementing specific mitigation and enhancement measures and post-licensing
evaluation and monitoring for Hauser Lake and the Hauser Dam tailwaters. The plan
should include a schedule for implementing the following tasks: (1) monitor Hauser Dam
and tailwaters for evidence of fish loss (dead, injured or alive) from Hauser Lake as a result
of impingement, entrainment, or spillage (particularly during high flows); (2) provide
$35,500 annually to the Montana DFWP to implement adaptive management practices at
Hauser and Holter dams; (3) propose additional measures to mitigate for avoidable and
unavoidable impacts; (4) evaluate the effect of short-term flow fluctuations on the resident
fish community in the tailwaters; (5) evaluate the impact of fish spilled from Hauser on the
resident fish populations in Holter Lake; (6) monitor gas supersaturation in the water and
gas bubble trauma in the fish in the Hauser tailwater during powerhouse rehabilitation; (7)
propose measures to minimize gas supersaturation during powerhouse rehabilitation and to
mitigate for avoidable and unavoidable impacts related to gas bubble trauma; (8) monitor
the effects of project operations on Hauser Lake fish populations; and (9) evaluate the
potential to enhance tributary spawning to increase the contribution of natural reproduction
to the Hauser Lake fishery.
The Licensee shall prepare the plan in consultation with the FWS, Montana DFWP,
Montana DEQ and other interested entities. The plan shall include a schedule for
implementation of the program, for reporting and consultation with the agencies
concerning the annual results of the program, and for filing the results, agency comments,
and the Licensee’s response to agency comments with the Commission. The Licensee
shall include with the plan documentation of consultation, copies of comments and
recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies’ comments are accommodated by
the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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. Upon
Commission approval, the Licensee shall implement the plan, including any changes
required by the Commission.
At the end of three years, the Licensee shall submit to the Commission a summary
of the measures implemented and an evaluation (conducted in consultation with the
agencies) of the need for additional measures.
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Article 415. The Licensee shall prepare and submit for Commission review an
annual flow window excursion report describing deviations from target flows at the
Hauser, Holter, and Morony developments. The initial report shall include a plan,
developed in consultation with the FWS and Montana DFWP, to study the effects of flow
window excursions on fisheries resources.
The Licensee shall prepare the plan after consultation with the FWS, Montana
DFWP and other interested entities. The Licensee shall include with the plan
documentation of consultation, copies of comments and recommendations on the
completed plan after it has been prepared and provided to the agencies, and specific
descriptions of how the agencies’ comments are accommodated by the plan. The
Licensee shall allow a minimum of 30 days for the agencies to comment and to make
recommendations before 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 may require changes to the plan to ensure adequate protection of
the environmental, scenic, and cultural values of the project area. Upon Commission
approval, the licensee shall implement the plan.
Article 416. Within one year of the date of issuance of the license, and every three
years thereafter, the Licensee shall submit for Commission approval a fisheries plan for
implementing specific mitigation and enhancement measures and post-licensing
evaluation and monitoring for Holter Lake and the Holter Dam tailwaters. The plan
should include a schedule for implementing the following tasks: (1) monitor Holter Dam
and tailwaters for evidence of fish loss (dead, injured, or alive) from Hauser Lake as a
result of impingement, entrainment, or spillage (particularly during high flows); (2)
provide $35,500 annually to Montana DFWP to implement adaptive management practices
to protect impoundment fisheries at Holter and Hauser Dams; (3) propose additional
measures to minimize fish loss and to mitigate for avoidable and unavoidable impacts; (4)
evaluate the effect of short-term flow fluctuations on the resident fish community in the
tailwaters; (5) evaluate the impact of fish spilled from Holter on the resident fish
populations downstream; (6) monitor the effects of project operations on Holter Lake fish
populations; and (7) evaluate the potential to enhance tributary spawning to increase the
contribution of natural reproduction to the Holter Lake fishery.
The Licensee shall prepare the plan in consultation with FWS, Montana DFWP,
Montana DEQ and other interested entities. The plan shall include a schedule for
implementation of the program, for reporting and consultation with the agencies
concerning the annual results of the program, and for filing the results, agency comments,
and the Licensee’s response to agency comments with the Commission. The Licensee
shall include with the plan documentation of consultation, copies of comments and
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recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies’ comments are accommodated by
the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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. Upon
Commission approval, the Licensee shall implement the plan, including any changes
required by the Commission.
At the end of three years, the Licensee shall submit to the Commission a summary
of the measures implemented and an evaluation (conducted in consultation with the
agencies) of the need for additional measures.
Article 417. Within one year of the date of issuance of the license, and every three
years thereafter, the Licensee shall submit for Commission approval a fisheries plan for
implementing specific mitigation and enhancement measures and post-licensing
evaluation and monitoring for the five Great Falls reservoirs and their tailwaters. The
plan should include a schedule for implementing the following tasks: (1) monitor the
relative abundance of the most abundant fish species in the Great Falls reservoirs and in the
Missouri River downstream of Morony Dam; (2) implement adaptive management
practices to mitigate fisheries impacts associated with dewatering 0.5 mile of the Missouri
River below Rainbow Dam; (3) implement adaptive management practices to mitigate
fisheries impacts associated with Cochrane Reservoir and Morony Reservoir fluctuations
in conjunction with peaking operations at the Cochrane and Ryan developments; (4)
protect and provide for the recovery of threatened and endangered fish species and other
aquatic species of special concern in the Great Falls reservoirs and below Morony Dam; (5)
provide assistance to the FWS and Montana DFWP for ongoing evaluation of pallid
sturgeon in the Missouri River downstream of Morony Dam; (6) evaluate the potential to
enhance tributary spawning to increase the contribution of natural reproduction to the
Great Falls reservoirs fisheries; (7) evaluate the impact of reservoir drawdowns on
spawning success in Cochrane, Ryan, and Morony reservoirs; and (8) evaluate the
possibilities of regulating drawdowns of the Cochrane and Ryan reservoirs during the
spring and early summer to minimize potential impacts on the reproductive activities of
game species.
The Licensee shall prepare the plan in consultation with FWS, Montana DFWP,
Montana DEQ and other interested entities. The plan shall include a schedule for
implementation of the program, for reporting and consultation with the agencies
concerning the annual results of the program, and for filing the results, agency comments,
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and the Licensee’s response to agency comments with the Commission. The Licensee
shall include with the plan documentation of consultation, copies of comments and
recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies’ comments are accommodated by
the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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. Upon
Commission approval, the Licensee shall implement the plan, including any changes
required by the Commission.
At the end of three years, the Licensee shall submit to the Commission a summary
of the measures implemented and an evaluation (conducted in consultation with the
agencies) of the need for additional measures.
Article 418. Within one year of the date of issuance of the license, the Licensee
shall submit for Commission approval a plan to fund research, along with the National
Ecology Research Center, FWS-Fort Collins, and Reclamation, for a one-time riparian
flow study of the Missouri River from Holter to Great Falls, and Morony Dam to Fort Peck
Reservoir. The study shall be used to determine flows necessary for the maintenance and
enhancement of streamline riparian vegetation in the Missouri River between Morony
Dam and Fort Peck Reservoir, and to prepare a plan for appropriate riparian enhancement
flows.
The Licensee shall prepare the plan in consultation with FWS, BOR, Montana
DFWP, and other interested entities. The plan shall include a schedule for
implementation of the program, for reporting and consultation with the agencies
concerning the annual results of the program, and for filing the results, agency comments,
and the Licensee’s response to agency comments with the Commission. The Licensee
shall include with the plan documentation of consultation, copies of comments and
recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies’ comments are accommodated by
the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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.
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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.
Article 419. Within one year after the date of issuance of the license, the
Licensee shall file for Commission approval, and upon approval, implement the approved
plan to coordinate and monitor flushing flows in the upper Madison river downstream of
Hebgen Dam. The plan shall include, but not be limited to a, provision for monitoring
flushing flow needs in the upper Madison River near Kirby Ranch in 2002 and every five
years thereafter for the term of the license, and a provision to coordinate flushing flows in
the lower Madison River below Madison Dam with flushing flow requirements in the
upper Madison River below Hebgen Dam.
The Licensee shall prepare the plan in consultation with the Forest Service, FWS,
Montana DFWP, Montana DEQ and other interested entities. The plan shall include a
schedule for implementation of the program, for reporting and consultation with the
agencies concerning the annual results of the program, and for filing the results, agency
comments, and the Licensee’s response to agency comments with the Commission. The
Licensee shall include with the plan documentation of consultation, copies of comments
and recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies’ comments are accommodated by
the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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. Upon
Commission approval, the Licensee shall implement the plan, including any changes
required by the Commission.
Article 420. Within 180 days after the date of issuance of the license and at
least 90 days prior to construction, the Licensee shall file for Commission approval, and
upon approval, implement the approved plan to restore flows in the Madison and Missouri
Rivers downstream of the Madison, Holter, Hauser, and Morony developments within
30 minutes of a plant trip. The plan shall include, but not be limited to: (1) construction,
operation, and maintenance of a guaranteed priority streamflow device, approved by the
Forest Service, as part of the proposed modifications to the Hauser Development; (2)
installation of dam structure upgrades (i.e., automated spillway gates) at Hauser and
Madison Dam; (3) modification of the slide gates on the Holter Dam spillway; and (4)
modification of two of the nine radial gates on the Morony Dam’s spillway.
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The Licensee, after consulting with the Forest Service, US Geological Survey, and
Montana DEQ, shall develop plans to install and monitor a water measurement control
section with a continuous recording gauge to demonstrate compliance with daily and
hourly average flow requirements at the Hauser Development. The Licensee shall file
with the Commission, at least 90 days prior to the installation of the water measurement
control section, plans approved by the Forest Service for the water measurement control
section and gauging.
The Licensee shall provide stage-discharge information to the Forest Service prior
to commencement of operation of the project. Within 60 days of request, the Licensee
shall provide the Forest Service with updated stage discharge charts and/or with a report of
streamflow information collected at the water measurement control section and any other
applicable stream gauge records. The water measurement control section and gauge shall
be shown on the as-built drawings filed with the Commission.
The Licensee shall prepare the plan after consultation with the Forest Service, BLM,
FWS, Corps of Engineers, Montana DEQ and Montana DFWP. The Licensee shall
include with the plan documentation of consultation, functional design drawings and an
implementation schedule for the guaranteed priority streamflow device, copies of
comments and recommendations on the completed plan after it has been prepared and
provided to the agencies, and specific descriptions of how the agencies' comments are
accommodated by the program. The Licensee shall allow a minimum of 30 days for the
agencies to comment and to make recommendations 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. Upon
Commission approval, the Licensee shall implement the plan, including any changes
required by the Commission.
Article 421. Within one year after the date of issuance of this license, the Licensee,
after consultation with FWS, Forest Service, BLM, and Montana DFWP, as appropriate,
shall prepare a Threatened and Endangered Species Protection Plan (T&E Plan) for all
federally listed threatened and endangered species that occur within the project area of the
Missouri-Madison Project. The T&E Plan shall include, but not be limited to, the
following: (1) a project construction schedule, including transmission line construction,
to avoid disturbances to threatened and endangered species; (2) the results of a
preconstruction survey by a professional wildlife biologist, fisheries biologist, or botanist
of all areas to be disturbed by construction or operations under the license; (3) measures to
protect the listed species; (4) an implementation schedule for the protective measures;
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and (5) a monitoring plan and implementation schedule to evaluate the project's effect on
threatened and endangered species and critical habitat in the project area.
The Licensee shall include in the T&E Plan documentation of consultation, copies
of comments and recommendations on the completed plan after it has been prepared and
provided toFWS and Montana DFWP, and descriptions of how the agencies' comments
and recommendations are accommodated by the plan. The Licensee shall allow a
minimum of 30 days for the agencies to comment before 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. Upon
Commission approval, the Licensee shall implement the T&E Plan, including any changes
required by the Commission.
Article 422. At least 90 days before the start of any land-clearing or
land-disturbing activities at any of the nine Missouri-Madison developments, the Licensee
shall file, for Commission approval, a vegetation and wildlife protection and mitigation
plan identifying measures to minimize construction disturbance, to protect native
vegetation and wildlife, and mitigate for adverse effects that occur during project
construction. The plan shall describe the location of the areas to be revegetated, including
wetlands, and include, where possible, revegetation with plant species beneficial to
wildlife species. At a minimum the plan shall include:
General vegetation
(1) a description of the plant species used and planting densities;
(2) fertilization and irrigation requirements;
(3) a monitoring program to evaluate the effectiveness of the plantings;
(4) provisions for the filing of monitoring reports with the Commission;
(5) a description of procedures to be followed if monitoring reveals that the
revegetation is not successful; and
(6) an implementation schedule that provides for revegetation as soon as
practicable after the beginning of land-clearing or land-disturbing activities
within the disturbed area.
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Wetlands
(1) details of the final design of measures to protect wetlands affected by
the project;
(2) a plan for monitoring the effectiveness of the measures to protect wetlands
affected by the project, which includes steps to be taken in the event
the measures are not effective in protecting the wetlands, including, but not
necessarily limited to, modifying the measures or establishing or enhancing
additional wetlands;
(3) a proposal to provide recommendations to the agencies and the Commission for
alternative wetland mitigation due to project construction and operation, if
monitoring indicates that the implemented wetland establishment
or mitigation is not successful; and
(4) schedules for establishing or enhancing wetlands, for filing the results
of the monitoring program, and for filing recommendations for alternative
wetland mitigation.
Wildlife
(1) clearing, revegetating, and maintaining the transmission line right-of-way for
the benefit of wildlife resources;
(2) the revegetation of disturbed areas with plant species beneficial to wildlife as
soon as practicable after project construction;
(3) mitigation for the loss of wildlife habitat, which shall include, but not
be limited to: (a) identification of the type of habitat to be used for
replacement;
(b) a map showing the location and number of acres of habitat to be used for
replacement; (c) a plan to manage the habitat to optimize its value to wildlife;
(d) a monitoring program to determine the effectiveness of the plan; and
(e) a schedule for filing the monitoring results with the Commission.
In preparing the plan, the Licensee shall take into account the final Erosion and
Sedimentation Control Plan prepared pursuant to this license, and shall consult with the
Forest Service, BLM, FWS, Corps of Engineers, and Montana DFWP, as applicable. The
Licensee shall include with the plan documentation of consultation, copies of comments
and recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies' comments are accommodated by
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the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and
to make recommendations before 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
proposed plan. Construction shall not begin until the Licensee is notified by the
Commission that the filing is approved. Upon Commission approval, the Licensee shall
implement the plan including any changes required by the Commission.
Article 423. Within one year after the date of issuance of this license, the Licensee
shall, after consultation with the appropriate agencies and other entities, develop a
vegetation and wildlife monitoring and enhancement plan that includes specific goals,
objectives, and standards to enhance native plants and wildlife populations on the lands
and waters associated with the project. The plan shall include, but not be limited to, the
following recommended measures:
(1) monitoring of nonriparian and wetland vegetation, upland habitat, and
state-designated rare plants. The monitoring plan shall include a schedule for: (a)
implementation of the program; (b) consultation with the appropriate federal and
state agencies concerning the results of the monitoring; and (c) filing the results and
agency comments with the Commission.
(2) preparation of a riparian monitoring plan and implementation of a monitoring
program to assess the effects of project operation on riparian plant communities and
the trend in these various communities. The plan and program shall:
(a) include detailed linkage between stream flows and the control of
cottonwood regeneration on the reaches of the Madison and Missouri rivers
from Hebgen Dam to Fort Peck Reservoir;
(b) include general tracking of the vigor and productivity of riparian
vegetation, especially areas subjected to heavily altered hydrologic
and sediment regimes;
(c) include clear identification of the effect of project operation, in
conjunction with the cumulative effects of other interacting
hydrologic developments (such as the Canyon Ferry and Tiber dams)
on critical aspects of the hydrologic regime (e.g., the frequency and
magnitude of peak discharges); and
(d) incorporate in the monitoring program the principles of
multi-scale monitoring (high and low intensity) and consideration of
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confounding variables such as grazing intensity, agricultural
activities, ice, bank stabilization, and sediment supply.
(3) preparation of a monitoring program to determine if the proposed pulsing or
peaking of flows released from project dams on the Madison-Missouri system
would affect the nest success of migratory birds, especially Canada geese. If
needed, the Licensee shall develop management measures to mitigate the adverse
effects of pulsed or peaking flows on migratory bird nesting.
(4) implementation of a program to identify and stratify for sampling purposes
major avian habitat types along the project corridor. The Licensee shall identify
priority avian species or communities of species to serve as indicators within these
major habitat types. The Licensee shall monitor and evaluate, in five-year
increments, the effects of project operations on these avian species and the habitat
types that support them. The Licensee shall identify specific protection,
mitigation, and enhancement strategies for these avian species.
The Licensee shall prepare the plan after consultation with the Forest Service, BLM,
FWS, Corps of Engineers, Montana DFWP, appropriate federal and state soil conservation,
water quality, and fish and wildlife agencies, and other interested entities. The Licensee
shall include with the plan documentation of consultation, copies of comments and
recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies' comments are accommodated by
the plan.
The Licensee shall allow a minimum of 30 days for the resource agencies and
landowners to comment and make recommendations before 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 proposed plan. The
plant and wildlife enhancement program shall not begin until the Licensee is notified by
the Commission that the filing is approved. Upon Commission approval, the Licensee
shall implement the plan including any changes required by the Commission.
Article 424. The Licensee shall design and construct any new project transmission
lines in accordance with the guidelines set forth in Suggested Practices for Raptor
Protection on Power Lines: The State of the Art in 1996 (Avian Power Line Interaction
Committee, Edison Electric Institute). The Licensee, after consulting with the Forest
Service, FWS, BLM, and Montana DFWP, and within 90 days of the start of construction,
shall file a transmission line design plan that considers adequate separation of energized
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conductors, groundwires, and other metal hardware, adequate insulation, and any other
measures necessary to protect raptors from electrocution hazards. The agencies'
comments on the design plan shall be included in the filing. Unless the Commission
instructs otherwise within 60 days after the filing, the Licensee may begin transmission
line construction at the end of the 60-day period.
Within one year of the date of issuance of the license, the Licensee shall conduct an
assessment of the project’s overhead transmission lines on National Forest System land in
accordance with the guidelines set forth in Suggested Practices for Raptor Protection on
Power Lines: The State of the Art in 1996. Within three years of the date of issuance of
the license, the Licensee shall develop a plan, approved by the Forest Service, for the
implementation of necessary modifications to the project’s overhead transmission lines on
National Forest System land, to provide adequate insulation or separation of energized
conductors, groundwires, and other metal hardware, wire markers, wire location and any
other measures necessary to protect raptors from electrocution and collision hazards. The
Licensee shall file the assessment and the plan for Commission approval.
Article 425. The Licensee shall implement the "Programmatic Agreement Among
the Federal Energy Regulatory Commission, the Advisory Council on Historic
Preservation, and the Montana State Historic Preservation Office Regarding the Licensing
and Continued Operation of the Missouri-Madison Hydroelectric Generating Project
(FERC Project No. 2188)", executed on May 6, 1998, including but not limited to the
Cultural Resources Management Plan (CRMP) for the project. In the event that the
Programmatic Agreement is terminated, the Licensee shall implement the provisions of its
approved CRMP. The Commission reserves the authority to require changes to the
CRMP at any time during the term of the license. If the Programmatic Agreement is
terminated prior to Commission approval of the CRMP, the Licensee shall obtain 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.
Article 426. Within one year after the date of issuance of the license, the Licensee
shall file for Commission approval and, upon approval, implement its Comprehensive
Recreation Plan for managing recreational resources at the Missouri-Madison
Hydroelectric Project. The plan shall include, but not be limited to, provisions for the
following:
Hebgen Development
(1) Within four years after the issuance date of the license, the Licensee shall
develop a day-use area at Hebgen dam that includes a parking area, picnic tables,
interpretive facilities that depict the 1959 earthquake and Hebgen Dam’s role in the
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Licensee's hydroelectric operations since 1915, and informational signs about the
area’s recreational opportunities. The Licensee shall contribute up to $350,000 for
the development and $3,000 annually for the operation and maintenance of the site.
(2) Within four years after the issuance date of the license, the Licensee shall
develop a recreational vehicle (RV) dump station in conjunction with an existing
commercial operator along the north shore of Hebgen Reservoir. The RV dump
station shall not be located on National Forest system land. The Licensee shall
contribute up to $50,000 for construction and $5,000 for annual operation and
maintenance of the site.
(3) The licensee shall, in cooperation with the Forest Service, develop two fishing
access sites accessible to individuals with disabilities at the Highway Destruction
Site and at the Rumbaugh Ridge site. Facilities shall include trails, fishing
platforms, restrooms, and signs. The Licensee shall contribute up to $3,500 per
site for annual operation and maintenance. Construction of the Highway
Destruction Site shall be completed within one year after the issuance date of the
license, and the Rumbaugh Ridge site shall be completed within two years after the
issuance date of the license.
(4) The Licensee shall monitor and, within the operating parameters set forth in
Article 403, minimize adverse impacts to boat ramps and docks located on Hebgen
Reservoir that might be caused by the proposed changes in management of reservoir
water levels.
Madison Development
(1) Within one year of rehabilitating the Madison Development’s powerhouse, the
Licensee shall develop a public day-use site at Kobayashi Beach (formerly Sandy
Beach) on the north shore of Ennis Lake. The day-use area shall include a boat
ramp, boat dock, parking, restrooms, interpretive facilities that depict the
development’s role in the Licensee's hydroelectric operations since 1908, and
informational signs about the area’s recreational opportunities. The Licensee shall
contribute up to $400,000 for development of the site and up to $15,000 annually
for operation and maintenance of the site.
(2) Within one year after the issuance date of the license, the Licensee shall
develop the Norman Strung Memorial Campground on BLM's west shore property.
The campground shall consist of designated campsites, fire rings, restrooms,
drinking water, a boat ramp, a boat dock, interpretive facilities, and informational
signs about the area’s recreational opportunities. The Licensee shall contribute up
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to $500,000 to design and construct the site and up to $20,000 annually to
supplement the BLM's operation and maintenance costs for the site.
(3) Within three years of rehabilitating the Madison Development's powerhouse,
the Licensee install interpretive facilities at the Fall Creek access site. The
facilities shall include a section of the wood flow line and signs. The Licensee
shall contribute up to $30,000 for constructing the site.
(4) Within one year after the issuance date of the license, the Licensee shall
identify and mark a portage route around the right side of Madison Dam.
Hauser Development
(1) Within five years after the issuance date of the license, the Licensee shall
improve and expand the Hauser Dam public access site. The improvements shall
include a larger parking area, portage route, carry-in boat ramp below the dam,
interpretive facilities that depict the development’s role in the Licensee's
hydroelectric operations since 1914, and informational signs about the area’s
recreational opportunities. The Licensee shall design, construct, and manage the
site. The Licensee shall contribute up to $300,000 for developing the site and up to
$10,000 annually for its operation and maintenance.
(2) The Licensee shall cooperate with BLM in planning and developing
recreational facilities at the Devil’s Elbow site. The facilities shall consist of a
day-use swimming area, boat ramp and dock, designated RV and tent campsites,
restrooms, RV dump station, drinking water, fire rings, informational and
interpretive signs, and trash cans. The new area shall be designed to accommodate
individuals with disabilities. The Licensee shall contribute up to $1,000,000 for
site design and development after BLM acquires the Devil's Elbow site.
(3) Within three years after the issuance date of the license, the Licensee shall
acquire and develop White Sandy Beach as a day-use and camping area and expand
Montana DFWP's proposed fishing piers at the causeway. The facilities at White
Sandy Beach shall consist of a boat ramp and dock, designated RV and tent
campsites, restrooms, drinking water, fire rings, informational and interpretive
signs, and trash cans. The new area shall be designed to accommodate individuals
with disabilities. The Licensee shall contribute up to $1,500,000 to acquire, design,
and develop the site, and up to $40,000 annually for its operation and maintenance.
Holter Development
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(1) Within five years after the issuance date of the license, the Licensee shall
design and reconstruct the Holter Dam campground to accommodate overnight
campers and day-users. The facilities shall be accessible to individuals with
disabilities, and shall include designated RV and tent campsites, drinking water,
restrooms, trash cans, fire rings, a boat ramp, shoreline fishing improvements,
interpretive facilities, informational signs about the area’s recreational
opportunities, and a designated parking area for day-users. The Licensee shall
contribute up to $1,000,000 for the design and development of the site and up to
$10,000 annually for operation and maintenance of the campground and a portage
route around the left side of Holter Dam.
(2) Within two years after the issuance date of the license, the Licensee shall
construct a portage route around the left side of Holter Dam. The route shall be
marked with signs. The Licensee shall contribute up to $5,000 to develop the
portage route.
(3) Within two years after the issuance date of the license, the License shall assist
BLM in the acquisition and development of land (if available at a reasonable price)
for a day-use area on the east side of Holter Lake to reduce day-use congestion at
BLM's Holter Lake site. The day-use area shall consist of restrooms, a boat ramp
and docks, a parking area, and informational signs about the area’s recreational
opportunities. The Licensee shall contribute up to $300,000 for site acquisition
and development, and shall transfer the land to BLM.
(4) Within five years after the issuance date of the license, the Licensee shall
develop a campground accessible only by boat across from Ming Bar and south of
BLM’s Sleeping Giant Wilderness Study Area. The campground may consist of
designated campsites, restrooms, drinking water, boat docks, informational signs,
and trails. The Licensee shall contribute up to $200,000 for site development, and
up to $10,000 annually for the site's operation and maintenance.
(5) Within two years after the issuance date of the license, the Licensee shall
cooperate with BLM in developing access facilities for individuals with disabilities
at Holter Lake Campground. Facilities may include a parking area, docks, a public
information building, pathways, toilets, drinking water, a trail, and a fishing
platform. The Licensee shall contribute up to $100,000 for the design and
development of facilities.
(6) Within three years after the issuance date of the license, the Licensee shall
contribute up to $600,000 for the reconstruction of BLM’s Log Gulch Campground
and Departure Point Access Site, including improving the existing camping,
day-use, and boating facilities, and access to accommodate the high level of use that
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the site currently receives. The Licensee shall design and construct the facilities,
and shall contribute up to $20,000 annually to supplement BLM’s operation and
maintenance costs for the site.
(7) The Licensee shall coordinate with the Forest Service to improve the picnic
shelter at the Meriwether Picnic Area and to replace the boat docks at the
Meriwether Picnic Area and Coulter Campground, both located within the project
boundary in the Helena National Forest.
Developments in the Great Falls area
Within five years after the issuance date of the license, and where consistent with
project operations, the Licensee shall manage as a natural area the lands it owns on
the north shoreline of the Missouri River adjacent to the Rainbow, Cochrane, Ryan,
and Morony Reservoirs. The Licensee shall contribute up to $20,000 for
developing and up to $5,000 annually for operating and maintaining the area.
Rainbow
(1) Within one year after the issuance date of the license, the Licensee shall
contribute up to $100,000 towards the completion of the Lewis and Clark Overlook
and the construction of a new overlook at Crooked Falls near Rainbow Dam. The
Licensee shall design and construct the overlooks and shall contribute up to $10,000
annually for the operation and maintenance of the Rainbow, Lewis and Clark, and
Crooked Falls Overlooks.
(2) Within three years after the issuance date of the license, the Licensee shall
construct a pedestrian and bicycle trail from Rainbow Dam to the Sulfur Springs
Trailhead downstream of the Morony Development. The trail shall use the existing
road from the Rainbow Development to the Ryan Development, linking the Ryan
Island Day-Use Area to the trail, and continuing to the Morony Development. The
Licensee shall contribute up to $150,000 for the development and up to $5,000
annually for operation and maintenance of the trail.
Cochrane
The Licensee shall cooperate with the Forest Service, Montana DFWP, Montana
State Historic Preservation Officer, and BLM in the acquisition, development
and/or improvement of four existing or new public access sites to the Missouri
River. The Licensee shall contribute up to $200,000 for the acquisition and
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development of each site and up to $10,000 annually for the operation and
maintenance of each site. The locations of the sites shall be selected by the
Licensee in consultation with the above-identified agencies. The facilities at the
sites shall include boat ramps, parking, and restrooms.
Morony
Within two years after the issuance date of the license, the Licensee shall contribute
up to $50,000 to the Montana DFWP to reconstruct the Carter Ferry Access Site.
The facilities shall include a parking area, a boat ramp, restrooms, and signs.
Black Eagle
Within one year after the issuance date of the license, the Licensee shall submit a
revised proposal for recreational development at the Black Eagle Recreation Area. The
proposal shall include documentation of the scope and status of any recreational facilities
undertaken or planned to be undertaken by other entities in that area.
The Comprehensive Recreation Plan shall include a description of the entity
responsible for operation and maintenance of each of the above-described facilities. Where
the Licensee is the responsible entity, the Plan shall describe how the Licensee will operate
and maintain the facility in question, as well as all existing project facilities; document the
Licensee's agency consultation; include copies of comments and recommendations on the
Plan after it has been prepared and provided to the agencies; and describe how the agencies'
comments and recommendations are accommodated. The Licensee shall allow a
minimum of 30 days for the agencies to comment before 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. Upon
Commission approval, the Licensee shall implement the Plan, including any changes
required by the Commission. Any recreational facilities designed and constructed by the
Licensee or on project lands and waters shall incorporate appropriate measures for erosion
and sediment control and for revegetating disturbed areas, both during and after
construction of the facilities. The Licensee shall construct facilities after consultation
with the Forest Service, BLM, Montana DFWP, and Montana State Historic Preservation
Officer. Where the Licensee is the responsible entity, it shall file, in addition to the
as-built drawings to be filed pursuant to Article 302 of this license, revised Exhibit G's
showing the inclusion of such facilities within the project boundary.
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Article 427. The Licensee, after consulting the Forest Service, BLM, and Montana
DFWP, shall monitor recreation use of the project area to determine whether existing
recreation facilities are meeting recreation needs. Monitoring studies shall begin within
six years after issuance of the license and shall be reported to the Commission in
conjunction with Section 8 of the Commission's Regulations (18 CFR 8.11), which
requires the filing of FERC Form 80. The report shall include: (1) annual recreation use
figures; (2) a discussion of the adequacy of the Licensee's recreation facilities at the project
site to meet recreation demand; (3) a description of the methodology used to collect all
study data; (4) if there is a need for additional facilities, a recreation plan proposed by the
Licensee to accommodate recreation needs in the project area; (5) documentation of
agency consultation and agency comments on the report after it has been prepared and
provided to the agencies; and (6) specific descriptions of how the agencies' comments are
accommodated by the report. The Licensee shall allow a minimum of 30 days for the
agencies to comment and to make recommendations prior to filing the report with the
Commission.
Article 428. (a) In accordance with the provisions of this article, the Licensee
shall have the authority to grant permission for certain types of use and occupancy of
project lands and waters and to convey certain interests in project lands and waters for
certain types of use and occupancy, without prior Commission approval. The Licensee
may exercise the authority only if the proposed use and occupancy is consistent with the
purposes of protecting and enhancing the scenic, recreational, and other environmental
values of the project. For those purposes, the Licensee shall also have continuing
responsibility to supervise and control the use and occupancies for which it grants
permission, and to monitor the use of, and ensure compliance with the covenants of the
instrument of conveyance for, any interests that it has conveyed, under this article. If a
permitted use and occupancy violates any condition of this article or any other condition
imposed by the licensee for protection and enhancement of the project's scenic,
recreational, or other environmental values, or if a covenant of a conveyance made under
the authority of this article is violated, the Licensee shall take any lawful action necessary
to correct the violation. For a permitted use or occupancy, that action includes, if
necessary, canceling the permission to use and occupy the project lands and waters and
requiring the removal of any non-complying structures and facilities.
(b) The type of use and occupancy of project lands and waters for which the
Licensee may grant permission without prior Commission approval are: (1) landscape
plantings; (2) non-commercial piers, landings, boat docks, or similar structures and
facilities that can accommodate no more than 10 water craft at a time and where said
facility is intended to serve single-family type dwellings; (3) embankments, bulkheads,
retaining walls, or similar structures for erosion control to protect the existing shoreline;
and (4) food plots and other wildlife enhancement. To the extent feasible and desirable to
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of its standards, guidelines, and procedures for implementing this paragraph (b) and to
protect and enhance the project's scenic, recreational, and other environmental values, the
licensee shall require multiple use and occupancy of facilities for access to project lands or
waters. The Licensee shall also ensure, to the satisfaction of the Commission's authorized
representative, that the use and occupancies for which it grants permission are maintained
in good repair and comply with applicable state and local health and safety requirements.
Before granting permission for construction of bulkheads or retaining walls, the licensee
shall: (1) inspect the site of the proposed construction, (2) consider whether the planting
of vegetation or the use of riprap would be adequate to control erosion at the site, and (3)
determine that the proposed construction is needed and would not change the basic contour
of the impoundment shoreline. To implement this paragraph (b), the Licensee may,
among other things, establish a program for issuing permits for the specified types of use
and occupancy of project lands and waters, which may be subject to the payment of a
reasonable fee to cover the Licensee's costs of administering the permit program. The
Commission reserves the right to require the Licensee to file a description of its standards,
guidelines, and procedures for implementing this paragraph (b) and to require modification
of those standards, guidelines, or procedures.
(c) The Licensee may convey easements or rights-of-way across, or leases
of project lands for: (1) replacement, expansion, realignment, or maintenance of bridges
or roads where all necessary state and federal approvals have been obtained; (2) storm
drains and water mains; (3) sewers that do not discharge into project waters; (4) minor
access roads; (5) telephone, gas, and electric utility distribution lines; (6) non-project
overhead electric transmission lines that do not require erection of support structures
within the project boundary; (7) submarine, overhead, or underground major telephone
distribution cables or major electric distribution lines (69-kV or less); and (8) water intake
or pumping facilities that do not extract more than one million gallons per day from a
project impoundment. No later than January 31 of each year, the Licensee shall file three
copies of a report briefly describing for each conveyance made under this paragraph (c)
during the prior calendar year, the type of interest conveyed, the location of the lands
subject to the conveyance, and the nature of the use for which the interest was conveyed.
(d) The Licensee may convey fee title to, easements or rights-of-way
across, or leases of project lands for: (1) construction of new bridges or roads for which
all necessary state and federal approvals have been obtained; (2) sewer or effluent lines that
discharge into project waters, for which all necessary federal and state water quality
certification or permits have been obtained; (3) other pipelines that cross project lands or
waters but do not discharge into project waters; (4) non-project overhead electric
transmission lines that require erection of support structures within the project boundary,
for which all necessary federal and state approvals have been obtained; (5) private or
public marinas that can accommodate no more than 10 water craft at a time and are located
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at least one-half mile (measured over project waters) from any other private or public
marina; (6) recreational development consistent with an approved Exhibit R or approved
report on recreational resources of an Exhibit E; and (7) other uses, if: (i) the amount of
land conveyed for a particular use is five acres or less; (ii) all of the land conveyed is
located at least 75 feet, measured horizontally, from project waters at normal surface
elevation; and (iii) no more than 50 total acres of project lands for each project
development are conveyed under this clause (d)(7) in any calendar year. At least 60 days
before conveying any interest in project lands under this paragraph (d), the Licensee must
submit a letter to the Director, Office of Energy Projects, stating its intent to convey the
interest and briefly describing the type of interest and location of the lands to be conveyed
(a marked Exhibit G or K map may be used), the nature of the proposed use, the identity of
any federal or state agency official consulted, and any federal or state approvals required
for the proposed use. Unless the Director, within 45 days from the filing date, requires the
licensee to file an application for prior approval, the licensee may convey the intended
interest at the end of that period.
(e) The following additional conditions apply to any intended conveyance under
paragraph (c) or (d) of this article:
(1) Before conveying the interest, the Licensee shall consult with federal and state
fish and wildlife or recreation agencies, as appropriate, and the State Historic
Preservation Officer.
(2) Before conveying the interest, the Licensee shall determine that the proposed
use of the lands to be conveyed is not inconsistent with any approved Exhibit R or
approved report on recreational resources of an Exhibit E; or, if the project does not
have an approved Exhibit R or approved report on recreational resources, that the
lands to be conveyed do not have recreational value.
(3) The instrument of conveyance must include the following covenants running
with the land: (i) the use of the lands conveyed shall not endanger health, create a
nuisance, or otherwise be incompatible with overall project recreational use; (ii)
the grantee shall take all reasonable precautions to ensure that the construction,
operation, and maintenance of structures or facilities on the conveyed lands will
occur in a manner that will protect the scenic, recreational, and environmental
values of the project; and (iii) the grantee shall not unduly restrict public access to
project waters.
(4) The Commission reserves the right to require the Licensee to take reasonable
remedial action to correct any violation of the terms and conditions of this article,
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for the protection and enhancement of the project's scenic, recreational, and other
environmental values.
(f) The conveyance of an interest in project lands under this article does not
in itself change the project boundaries. The project boundaries may be changed to
exclude land conveyed under this article only upon approval of revised Exhibit G or K
drawings (project boundary maps) reflecting exclusion of that land. Lands conveyed
under this article will be excluded from the project only upon a determination that the lands
are not necessary for project purposes, such as operation and maintenance, flowage,
recreation, public access, protection of environmental resources, and shoreline control,
including shoreline aesthetic values. Absent extraordinary circumstances, proposals to
exclude lands conveyed under this article from the project shall be consolidated for
consideration when revised Exhibit G or K drawings would be filed for approval for other
purposes.
(g) The authority granted to the Licensee under this article shall not apply
to any part of the public lands and reservations of the United States included within the
project boundary.
(F) The water quality conditions in Appendix A, and the Forest Service's FPA
Section 4(e) conditions in Appendix B, are conditions to the license.
(G) The Licensee shall serve copies of any Commission filing required by this
order on any entity specified in the order to be consulted on matters relating to that filing.
Proof of service on these entities must accompany the filing with the Commission.
(H) 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 FPA. The filing of a
request for rehearing does not operate as a stay of the effective date of this license or of any
other date specified in this order, except as specifically ordered by the Commission.
PP&L Montana's failure to file a request for rehearing shall constitute acceptance of this
order.
By the Commission.
(SEAL)
David P. Boergers,
Secretary.
Project No. 2188-030
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Project No. 2188-030
- 79 APPENDIX A
Conditions to the water quality certification issued on September 9, 1993, by the Montana
Department of Health and Environmental Services, pursuant to Section 401 of the Clean
Water Act, 33 U.S.C. § 1341, for Project No. 2118 at relicensing.
1.
MPC shall, prior to any changes in the operation of Cochrane, Ryan, or Morony
Reservoirs, submit to DHES a written evaluation of the potential for ground water
contamination, and elevated concentrations in downstream surface water, which are likely
to be caused by the proposed changes. The evaluation plan must be approved by DHES
prior to its implementation. The evaluation must include at least antimony, arsenic,
cadmium, copper, lead, manganese, zinc, selenium, silver, and thallium, all of which have
elevated concentrations in reservoir sediments. Screening level analysis shall also be
done for indium, germanium, mercury, strontium and titanium, to determine if these
constituents are also elevated in reservoir sediments. If DHES determines that there is a
significant potential for such contamination to cause violations of Title 75, Chapter 5,
MCA, and the rules adopted pursuant thereto, MPC shall within one year of written notice
from DHES submit a plan that describes measures necessary to comply with Title 75,
Chapter 5, MCA, and rules adopted pursuant thereto and provides a schedule for
implementation of those measures. Upon approval or modification by the DHES, MPC
shall implement the plan according to its terms and schedule.
2.
MPC shall, prior to changing its peaking operations at Cochrane and Morony
Reservoirs complete an evaluation of the potential for bank erosion and mass wasting at
these reservoirs to result from changes in operations. The evaluation plan must be
approved by DHES prior to plan implementation, and must include a field-based
geo-technical determination of the mass stability and erosion potential of reservoir
shoreline material. The study must include determination of the potential short and
long-term effects of shoreline erosion on river sediment loading. If DHES determines that
there is a potential for such bank erosion from MPC’s proposed operations to violate Title
75, Chapter 5, MCA, and the rules adopted pursuant thereto, MPC shall within one year of
written notice from DHES submit a corrective action plan that describes measures
necessary to comply with Title 75, chapter 5, MCA, and rules adopted pursuant thereto and
provides a schedule for implementation of those measures. Upon approval or
modification by the DHES MPC shall implement the corrective action plan according to its
terms and schedule.
3.
MPC shall within three months of issuance of the FERC license submit Drawdown
Operational Plans for Black Eagle and Morony dams to assure that continued operations
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will be done in the best practicable manner to minimize harmful effects. Upon approval
or modification by the DHES MPC may then change its operations consistent with the
drawdown plans.
4.
MPC shall submit reservoir dredging and monitoring plans for all reservoirs at least
three months prior to any dredging. Upon approval or modification by the DHES MPC
shall implement the plans according to their terms and schedules.
5.
MPC shall develop and implement a water quality monitoring plan for all projects.
The water quality monitoring plan shall include chemical, physical and biological
components, that measure compliance with Title 75, Chapter 5, MCA, and rules adopted
pursuant thereto and measure long-term trends in water quality. Parameters, sampling
frequency, and location of stations will be determined by DHES with assistance from the
Missouri-Madison Relicensing Water Quality Technical Committee. The water quality
monitoring conducted under the water quality monitoring plan must be operational at least
two years before MPC makes any changes in the operation of any of its reservoirs covered
by FERC license 2188.
6.
MPC shall within three months after issuance of the FERC license develop a toxic
algae monitoring plan for Hebgen Reservoir. This plan shall be designed to protect the
public and domestic animals from toxic algae by the immediate notification of the Gallatin
County Health Officer and DHES of any toxicity. Upon approval or modification by the
DHES, MPC shall implement the monitoring plan according to its terms and schedule.
7.
MPC shall within one year after issuance of the FERC license begin monitoring the
bank erosion at each project reservoir. MPC shall submit monitoring plans for all
reservoirs at least three months prior to monitoring. The plans must include details for
repeatable erosion monitoring at all minor, moderate, and active erosion sites. The plan
must be reviewed and approved by DHES prior to implementation of the monitoring. If
monitoring shows that erosion is causing violations of Title 75, Chapter 5, MCA, and the
rules adopted pursuant thereto MPC shall within one year of written notice from DHES
submit a plan that describes measures necessary to comply with Title 75, Chapter 5, MCA,
and rules adopted pursuant thereto and provides a schedule for implementation of those
measures. Upon approval or modification by the DHES, MPC shall implement the plan
according to its terms and schedule.
8.
MPC shall apply for and receive any necessary permits and authorizations from
DHES prior to any construction activities.
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9.
MPC shall maintain minimum flows of 200 cfs from April 1 through June 30 and 80
cfs from July 1 through March 31 in the portion of the Madison River from the Madison
Dam to the Madison Power House.
10.
MPC shall within one year after issuance of the FERC license develop reservoir
drawdown criteria for non-emergency drawdowns of each reservoir. Upon approval or
modification by the DHES MPC may then change its operations consistent with the
drawdown criteria.
11.
Any operations under this license that would result in water quality which is worse
than conditions associated with reasonable operation of the licensee’s dams at July 1, 1971,
must to the extent of the worsened condition, be reviewed and approved under the
nondegradation policy at section 75-5-303, MCA prior to commencement.
12.
This certification is a final decision of the DHES that is appealable as an
administrative contested case to the State of Montana Board of Health and Environmental
Sciences. If an appeal is made to the Board, this certification is upheld, modified, or
revoked consistent with the Board’s final decision.
Project No. 2188-030
- 82 APPENDIX B
[Conditions filed by the U.S. Forest Service, pursuant to Section 4(e) of the Federal Power
Act, for the new license for Project No. 2118]
I. STANDARD PROVISIONS APPLICABLE TO ALL PROJECTS OCCUPYING
NATIONAL FOREST SYSTEM LANDS
Condition No. 1 - Implementation and Modification of Forest Service Conditions
The Licensee shall not commence implementation of the License Articles deemed
necessary by the U.S. Forest Service , under Federal Power Act Section 4(e) authority,
until Forest Service completion of requirements under 36 CFR 215 providing appeal
rights of Forest Service 4(e) conditions. Upon completion of said 36 CFR Part 215
requirements, the Forest Service may require modification of the 4(e) conditions resulting
from the appeal process. The Commission reserves the right, after notice and opportunity
for hearing, to require changes in the project and its operation based on Forest Service
modifications of the 4(e) conditions.
Condition No. 2 - Forest Service Approval of Final Design
Before any ground-disturbing actions occur on National Forest System land, the Licensee
shall obtain the written approval of the Forest Service for all final plans not previously
approved by the Forest Service or which were not part of the approved project license
exhibits. For the purposes of this license, (1) final plans are only those plans which show
project facilities in complete and accurate detail in relation to the ground surface, which are
accompanied by on-the-ground staking of the project facilities, and which have been
reviewed and approved in writing by the Forest Service, and (2) the only final plans
included are those relating to ground disturbance and to facility locations and appearance,
which the Forest Service identifies as affecting the protection and utilization of the
National Forest System lands. As part of the written approval for plans not previously
approved, the Forest Service may require, within the scope of the licensed project and
initial approvals of the Forest Service, adjustments in final plans with regard to facility
locations and appearance to preclude or mitigate impacts and to assure that the project is
compatible with on-the-ground conditions.
The Forest Service shall have up to 60 days from the date of plan(s) submittal to exercise
approval authority. If the Forest Service is unable to proceed with consideration of such
plans due to adverse weather or other reasons beyond the control of the Forest Service, the
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Forest Service shall promptly inform the Licensee and the Commission of the problems,
and the running of the 60-day period shall be delayed until the problems are resolved.
Condition No. 3 - Approval of Changes After Initial Construction
In addition to any Commission approval or license provisions to make changes to the
project, the Licensee shall obtain written approval from the Forest Service prior to making
any changes in the location of any constructed project features or facilities, or any changes
in the uses of Forest Service administered lands and waters, or any departure from the
requirements of any approved exhibits filed with the Commission. Following receipt of
such approval from the Forest Service, and not less than 60 days prior to initiating any such
changes or departure, the Licensee shall file a report with the Commission describing the
changes, the reasons for the changes, and showing the approval of the Forest Service for
such changes that relate to National Forest System land. The Licensee shall file an exact
copy of this report with the Forest Service at the same time it is filed with the Commission.
This article does not relieve the Licensee from the requirement for amendment or other
requirements of Article 2 or Article 3 of this License. Any changes made pursuant to
Articles 2 or 3 of the license shall be also subject to any new terms and conditions that the
Secretary of Agriculture may impose in accordance with Section 4(e) of the Federal Power
Act.
Condition No. 4 - Consultation
Each year during the 60 days preceding the anniversary date of the license, the Licensee
shall consult with the Forest Service with regard to measures needed to ensure protection
and development of the natural resource values of the project area. Within 60 days
following such consultation, the Licensee shall file with the Commission evidence of the
consultation with any recommendations made by the Forest Service. The Commission
reserves the right, after notice and opportunity for hearing, to require changes in the project
and its operation that may be necessary to accomplish natural resource protection.
Condition No. 5 - Dispute Resolution for 4(e) Condition/Special-Use Authorization
Administration
In order to expedite the review of disputed Forest Service orders or directions given
during construction, the following procedures shall be used:
a. Any orders or directions made during construction of the project can be
immediately referred to the Forest Supervisor for resolution. The Forest Supervisor
will decide within 5 working days of written notice by the Licensee of its concerns,
Project No. 2188-030
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and whether the original order or directions of the Forest Service shall be deemed to
be sustained.
If the Licensee disagrees with the decision of the Forest Supervisor, it may request
in writing that the appropriate Regional Forester review the decision of the Forest
Supervisor. The Regional Forester will act on such request within 15 working days
of receipt.
If the Licensee disagrees with the decision made by the Regional Forester, it may
request in writing that the Chief review the decision under the applicable
administrative appeal procedures of the Forest Service as though the decision was
an original decision of the Regional Forester. The Chief will issue a determination
regarding the request for review within 30 days of receiving the Licensee's request
for review.
b. Any orders or directions given during operation of the project shall be resolved
using the appeal regulations applicable to holders of special-use authorizations from
the Forest Service.
II. ADDITIONAL PROVISIONS
Condition No. 6 - Instream Flow Requirement
During the operation of the facilities authorized by this license, the Licensee shall maintain
each year a continuous minimum flow of at least 150 cfs in the Madison River below
Hebgen Dam (gage no. 6-385), 600 cfs on the Madison River at Kirby Ranch (USGS gage
no. 6-388), and 1,110 cfs on the Madison River at gage no. 6-410 below the Madison
development. Flows at USGS gage no. 6-388 (Kirby Ranch) are limited to a maximum of
3,500 cfs under normal conditions excepting catastrophic conditions to minimize erosion
of the Quake Lake spillway.
Establish a permanent flow gauge on the Madison River at Kirby Ranch (USGS Gauge No.
6-388). Include a telephone signal at the gauge for link to Hebgen Dam operators and the
Butte-based System Operation Control Center.
Condition No. 7 - Guaranteed Priority Flow Bypass Device and Gaging
The Licensee shall construct, operate, and maintain a guaranteed priority streamflow
device, approved by the Forest Service, as part of the diversion/intake structure. At least
90 days prior to beginning construction of the diversion structure, the licensee shall file for
Commission approval functional design drawings and an implementation schedule for the
Project No. 2188-030
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guaranteed priority streamflow device. Upon Commission approval, the Licensee shall
implement the schedule. The guaranteed priority streamflow device shall be shown on the
as-built drawings filed with the Commission.
The Licensee shall develop an action plan and install dam structure upgrades (automated
spillway gates) at Hauser Dam to restore Missouri River flow within 30 minutes after a
plant trip in order to protect and maintain the aquatic environment when water is removed
from the river. The east side of the Hauser facility occupies National Forest System land.
The Licensee, after consulting with the appropriate State agency, the Forest Service, and
USGS, shall develop plans to install and monitor a water measurement control section with
a continuous recording gauge to demonstrate compliance with daily and hourly average
flow requirements, as described at 3.2.7 of the application. The Licensee shall file with
the Commission, at least 90 days prior to the installation of the water measurement control
section, plans approved by the Forest Service for the water measurement control section
and gauging. The Commission may require changes to the plans.
The Licensee shall provide stage-discharge information to the Forest Service prior to
commencement of operation of the project. Within 60 days of request, the Licensee shall
provide the Forest Service with updated stage discharge charts and/or with a report of
streamflow information collected at the water measurement control section and any other
applicable stream gauge records. The water measurement control section and gauge shall
be shown on the as-built drawings filed with the Commission.
Condition No. 8 - Toxic Algae
Within 6 months of license issuance the Licensee shall file for Commission approval a plan
approved by the Forest Service to monitoring toxic algae blooms in Hebgen Reservoir
throughout the term of the license. The plan shall be prepared in consultation with the
Montana Department of Health and Environmental Services, and the Gallatin County
Health Dept., and the Forest Service. The plan shall include provisions for information
and education should toxic algae bloom be discovered. Upon approval by the
Commission, the Licensee shall implement the plan.
Condition No. 9 - Water Quality Monitoring
The Licensee shall establish two water quality stations 1) Madison River above Hegben
Reservoir and 2) Madison River below Hebgen Dam at USGS Gauge No. 6-385. The
following parameters will be analyzed during March, June, and August: total and
dissolved nutrients (PO4-P, TKN, and NH3-N), total and dissolved metals (Ca, Mg, Fe, A.,
and As), sediment (TSS, TDS, and turbidity), in-situ variables (pH, conductivity, dissolved
Project No. 2188-030
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oxygen, and temperature), and chlorophyll. The Licensee shall assist the Montana DEQ
and the Gallatin County Health Department in monitoring toxic algae in Hebgen Reservoir.
The Licensee shall fund an annual water quality enhancement account that may be used for
monitoring toxic algae blooms in Hegben Reservoir, monitoring and treating appropriate
point source discharges, sediment control projects, and applied water quality research
studies in the Missouri-Madison river system.
Condition No. 10 - Fish and Wildlife Mitigation Plan
Within 1 year of the issuance of the license, the Licensee shall file for Commission
approval a plan which has been approved by the Forest Service, for a baseline study which
will delineate the growth and distribution of submerged macrophytes and their use by
waterfowl and reservoir fisheries in Hebgen Reservoir. The plan will include a proposal
to implement the baseline study. In addition, the Licensee shall conduct time-series (trend
analysis) studies of macrophyte abundance in Hebgen Reservoir at 3- to 5-year intervals
for the term of the license.
Within 1 year of the issuance of the license, the Licensee shall file for Commission
approval a plan which has been approved by the Forest Service, habitat enhancement plan
for waterfowl and other migrant (Neotropical) birds using Hebgen Reservoir. The plan
shall include, but not be limited to, enhancement of key riparian zones, development of
breeding pair pond habitat for ducks near the reservoir, construction of shallow marsh
habitat to provide breeding habitat for ducks, shorebirds, loons, and swans and other water
related species when the reservoir is drawn down. The plan shall also provide a proposal
for implementation of the identified protection, mitigation and enhancement measures.
Within 1 year of the issuance of the license, the Licensee shall file for Commission
approval a plan which has been approved by the Forest Service, a fish habitat protection
and maintenance plan and a monitoring plan for Hebgen Reservoir and its associated
tributaries. The plans shall include but are not limited to; monitoring and analysis of
reservoir operations on existing habitat and production, recommendations reservoir and
tributary stream habitat enhancement projects, recommendations for cost-sharing of
identified projects, annual monitoring of existing fish species within Hebgen Reservoir and
associated tributaries, recommendations for obtaining conservation easements on such
streams as Red Canyon, Grayling Creek, Duck Creek, South Fork, and Watkins Creek,
provide recommendations for trout species most likely to produce a self-sustaining wild
trout population is Hebgen Reservoir and associated tributaries. Additionally, the plan
will provide a proposal for implementation of the appropriate protection, mitigation, and
enhancement measures.
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At least 90 days prior to any land-clearing, land-disturbing, or spoil-producing activities
that would affect National Forest System lands, the Licensee shall file for Commission
approval a fish and wildlife mitigation plan approved by the Forest Service. The plan
must be consistent with the standards and guidelines for affected management areas in the
Gallatin, Beaverhead-Deerlodge, and Helena Land and Resource Management Plans.
The mitigation plan must: (a) identify requirements for conducting activities on National
Forest System land to meet Forest Service wildlife habitat objectives and standards; (2)
identify needs for timing of any additional studies; and (3) include procedures for
effectiveness monitoring and modification of practices when objectives are not achieved.
Any comments made by the U.S. Fish and Wildlife Service, or Montana Fish, Wildlife, and
Parks shall be filed with the plan. The commission may require changes to the plan to
ensure adequate protection of the environmental, scenic, and cultural values of the project
area. Upon Commission approval, the Licensee shall implement the plan.
Condition No. 11 - Sensitive Species Plan
At least 1 year prior to scheduled implementation, the Licensee shall notify the Forest
Service of any land-clearing, land-disturbing, or other activity proposed for National
Forest System land that may potentially have adverse effects to "sensitive species".
Under direction of the Forest Service, the Licensee shall plan and conduct sensitive species
surveys in the area of proposed activity to specifications provided by the Forest Service.
The specifications shall include, but not be limited to, the species for which surveys must
occur and the timing of such surveys.
Upon completion of the surveys and at least 90 days prior to the commencement of
activity, the Licensee shall submit to the Forest Service a Biological Evaluation that meets
Forest Service standards and addresses the effects of the proposed activity on sensitive
species that occur or are likely to occur in the area. The Biological Evaluation shall
identify mitigation measures to avoid or minimize effects to sensitive species. Upon approval by the Forest Service, the Licensee shall incorporate and implement the mitigation
measures as part of the project plan.
Condition No. 12 - Threatened and Endangered Species Plan
Within 6 months of the issuance of the license, the Licensee shall file for Commission
approval Forest Service-approved plans for the completion of the Hebgen Development
comprehensive bald eagle habitat protection and enhancement plan. The plan shall
provide for monitoring of bald eagles throughout the term of the license. The plan shall
include, but not be limited to, annual surveys to include incubation and activity/occupation
associated with existing nest territories, productivity, distribution of nesting pairs, and
annual count of breeding wintering and migrating bald eagles.
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At least 90 days prior to starting any land-clearing, land-disturbing, or spoil-producing
activities, the licensee shall file for Commission approval, a plan approved the Forest
Service and the U.S. Fish and Wildlife Service, for the protection of listed species located
in the project area. The plan must be consistent with the standards and guidelines for
affected management areas in the Gallatin and Helena Land and Resource Management
Plans. This plan must identify requirements for construction, operation, and maintenance
measures to meet Forest Service and the U.S. Fish and Wildlife Service objectives and
standards for the recovery of the affected species. The licensee will provide a "biological
assessment", as required by the Endangered Species Act, prior to project construction for
the affected species.
The Commission may require changes to the plan to ensure adequate protection of the
environmental, scenic, and cultural values of the project area. Upon Commission
approval, the licensee shall implement the plan.
Condition No. 13 - Erosion Control Measures Plan
Within 1 year following the date of issuance of the license, the Licensee shall prepare, and
have approved by the Commission a project operations erosion and sedimentation control
plan (ESCP) for Hebgen and Hauser developments. The plan should include operational
modifications and erosion monitoring and protection measures based on the Montana
Power Company's pilot-scale ESCP studies.
At least 90 days prior to starting any land-clearing, land-disturbing, or spoil-producing
activities, the Licensee shall file for Commission approval, a plan approved by the Forest
Service to control erosion, stream sedimentation, dust, and soil mass movement consistent
with the standards and guidelines for affected management areas in the Gallatin and Helena
Land and Resource Management Plans. Upon Commission approval, the Licensee shall
implement the plan.
The plan shall be based on actual-site geological, soil, and groundwater conditions and, at a
minimum, shall include: (1) a description of the actual-site conditions; (2) detailed
descriptions, design drawings, and specific topographic locations of all control measures;
(3) measures to divert runoff away from disturbed land surfaces; (4) measures to collect
and filter runoff over disturbed land surfaces, including sediment ponds at the diversion
and powerhouse sites; (5) revegetating disturbed areas; (6) measures to dissipate energy
and prevent erosion; and (7) a monitoring and maintenance schedule. The Commission
may require changes to the ESCP to ensure adequate protection of the environmental,
scenic, and cultural values of the project area.
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The plan must identify requirements for construction, operation, and maintenance
measures to meet Forest Service erosion control objectives and standards.
Condition No. 14 - Transmission Line Raptor Protection
Within 1 year of the issuance of the license, the Licensee shall conduct an assessment of the
project’s overhead transmission lines on National Forest System land in accordance
with the guidelines set forth in Suggested Practices for Raptor Protection on Power Lines:
The State of the Art in 1996 as described by the Avian Power Line Interaction Committee,
Edison Electric Institute.
Within 3 years of the issuance of this license, the Licensee shall develop a plan approved
by the Forest Service for the implementation of necessary modifications to the project’s
overhead transmission lines on National Forest System land that will provide adequate
insulation or separation of energized conductors, groundwires, and other metal hardware,
wire markers, wire location and any other measures necessary to protect raptors from
electrocution and collision hazards. The Licensee shall file the Forest Service-approved
plan and assessment with the Commission.
Condition No. 15 - Vegetation Management
Within 1 year of the issuance of the license, and before starting any activities the Forest
Service determines to be of a land-disturbing nature on National Forest System land, the
Licensee shall prepare and file with the Commission a plan approved by the Forest Service
for vegetation management. At a minimum, the plan must include: vegetation practices
planned within the project area and Forest Service requirements for conducting these
activities; revegetation, where required, accomplished through the use of local native
species unless otherwise authorized by the Forest Service; methods for eradicating and
preventing the spread of noxious weeds on existing roads, recreation sites, and other
facilities associated with dams and reservoirs; and vegetation management in accordance
with the 1988 U.S. Department of Agriculture Forest Service Record of Decision and Final
Environmental Impact Statement for Managing Competing and Unwanted Vegetation on
National Forests and Grasslands and accompanying 1989 Mediated Agreement, or
subsequent requirements. The plan also must include an implementation schedule,
effectiveness monitoring, and procedures for modifying practices when objectives are not
achieved. Upon approval of the Forest Service and filing with the Commission, the
Licensee shall implement the plan.
Condition No. 16 - Scenic Resource Protection Plan
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Within 1 year of the issuance of the license, or at least 90 days prior to starting any
land-clearing, land-disturbing, or spoil-producing activities, or other action that may have
potential negative effects on scenery, the Licensee shall file for Commission approval a
plan approved by the Forest Service for the design and construction of the project facilities
in order to preserve or enhance the scenic quality of the project area, consistent with the
standards and guidelines for affected management areas in the Gallatin and Helena Land
and Resource Management Plans. Upon Commission approval, the Licensee shall
implement the plan. The Commission may require changes to the plan to ensure adequate
protection of the environmental, scenic, and cultural values of the project area.
The plan will include the elements described in the final license application, exhibit E,
sections 1.8.4., 3.8.4., and 4.8.4. (pp E-1-127, E-3-79, and E-4-93.).
Condition No. 17 - Project Recreation Plan
Within one year after issuance of the license, the Licensee shall file for Commission
Approval, a plan which has been approved by the Forest Service, for implementing
measures to mitigate project-induced recreation and provide for other recreation needs over
the life of the project, consistent with the standards and guidelines for affected management
areas in the Gallatin and Helena Land and Resource Management Plans. The plan must
include specific measures for the following.
a. Formation of the recreation Technical Working Group made up of the
Forest Service in consultation with the licensee, county planning officials, and
non-governmental agencies and the State of Montana for future recreation needs on
National Forest System lands. Any plan developed as a result of this consultation must be
approved by the Forest Service and filed with the Commission.
b.1. Hebgen Dam day-use area that will include a parking area, picnic tables,
interpretive facilities depicting the 1959 earthquake and informational signs about the area's
recreational opportunities, and will be managed as a pack in-pack out facility. The licensee
would be responsible for construction and providing funding for the maintenance of the site.
b.2. Two fishing access sites on Hebgen Reservoir, to enhance access for
individuals with disabilities, along the north and south shore of Hebgen Reservoir. Facilities
could include trails, fishing platforms, and signs. Sites will be approved by the Forest
Service.
c. RV dump station along the north shore of the Hebgen Reservoir in
conjunction with an existing commercial operator. The RV dump station shall not be
located on National Forest System land.
d. Lyon's Bridge Access Site to enhance public access to the Madison River
downstream from Hebgen Dam, consisting of a boat ramp, dock, parking and restroom
facilities to accommodate high levels of use.
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e. Boat dock and ramp monitoring program to monitor and mitigate
damages to boat ramps and docks on Hebgen Reservoir that might be cause by proposed
changes in management of reservoir levels.
f. Implementation of the completed Comprehensive Recreation Plan (May
1996) for managing recreation resources at Hebgen and Hauser developments.
g. Initiate, publish and analyze results of recreation studies at Hebgen,
Holter and Hauser facilities every 4 years.
h. Develop and implement information and education plan for Hebgen and
Hauser facilities.
i. Replacement and maintenance of boat docks at Meriwether Picnic Area
and Coulter Campground in the Gates of the Mountains area at the upper reaches of Holter
Lake. Replacement of docks must be completed by the summer of 2,000.
Upon Commission approval, the licensee shall implement the plan. The Commission
may require changes to the plan to ensure adequate protection of the environmental,
scenic, and cultural values of the project area.
Condition No. 18 - Traffic Management and Public Safety
At least 90 days prior to starting any land-clearing, land-disturbing, or spoil-producing
activities affecting national forest land, the licensee shall file for Commission approval, a
plan approved by the Forest Service for traffic management and public safety. The plan
must be consistent with the standards and guidelines for affected management areas in the
Gallatin and Helena Land and Resource Management Plans. Upon Commission
approval, the licensee shall implement the plan. The Commission may require changes to
the plan to ensure adequate protection of the environmental, scenic, and cultural values of
the project area.
Condition No. 19 - Coordination with Other Authorized Activities
The project area may be under federal authorization for other activities. After consultation
with the Forest Service and before starting construction or maintenance activities, which
the Forest Service determines may affect another authorized activity on National Forest
System land, the Licensee shall develop and enter into an agreement with the representative
for the other activity. The agreement must stipulate the joint use of roads and other
authorized areas in common that may be affected by activities of the Licensee. The
agreement must be approved by the Forest Service before Licensee activities may begin.
Condition No. 20 - Revised Project Boundary
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Within 6 months following the date of issuance of this license, the Licensee shall file a
revised exhibit of the project boundary, approved by the Forest Service, that displays only
those facilities at Hebgen Lake needed for reservoir operation and maintenance as being
within the project boundary. The excluded facilities shall be removed unless otherwise
authorized by the Forest Service.
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