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Response to February 25, 2020 Deficiency Notice And

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Response to February 25, 2020 Deficiency Notice And -Accession No.: 202005265206, 202005265207 -Docket(s) No.: P-2814-025 -Submission ID: 1099837 -Docket(s) No.: P-2814-025 -Filed By: Great Falls Hydroelectric Company -Signed By: Michael Scarzello -Submission Date/Time: 5/26/2020 3:54:26 PM -Projected Filed Date/Time: 5/26/2020 3:54:26 PM May 26, 2020 Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC 20426 Reference: Great Falls Hydroelectric Project (FERC No. 2814-025) Response to February 25, 2020 Deficiency and Additional Information Requests Letter Final License Application Dear Secretary Bose: On February 28, 2019 Great Falls Hydroelectric Company (a subsidiary of Eagle Creek Renewable Energy, LLC) and the City of Paterson, New Jersey (Co-Licensees), filed with the Federal Energy Regulatory Commission (Commission) its Final License Application (FLA) to relicense the Great Falls Hydroelectric Project (Project; FERC Project No. 2814-025). On May 14, 2019, the Commission issued a letter of Deficiency of License Application and Additional Information Request concerning the FLA, to which the Co-Licensees responded in correspondence dated and filed on August 12, 2019 and November 11, 2019. On February 25, 2020, the Commission issued a letter of Acceptance of License Application and Request for Additional Information concerning the FLA. The letter lists additional information requests (AIRs) as Schedule A. The Commission granted 90-days from the date of the letter for the Co-Licensees to provide responses. The Co-Licensees hereby provide the original Schedule A AIRs received from the Commission in italic text and associated responses below and attached, as noted. 1. Page G-1 of the February 28, 2019, final license application (FLA) states that the applicants currently own all land within the project boundary. However, the Exhibit G maps depicting the project boundary on pages G-3 through G-6 each contain a table indicating parcels, or portions of parcels, within the project boundary for which rights of occupancy and use other than fee title need to be acquired. Please clarify this discrepancy. Per section 4.41 of the Commission’s regulations, ownership of all project lands must be identified as lands owned in fee or to be acquired in fee, or lands over which the applicant has acquired or plans to acquire rights to occupancy and use other than fee title, including rights acquired or to be acquired by easement or lease. Co-Licensee’s Response The Co-Licensees have further evaluated Exhibit G mapping and associated property interests. The Project Boundary in the original 1980s license application was hand-drawn and represented the approximate extent of the Passaic River at the normal maximum Eagle Creek Renewable Energy 116 N. State Street, PO Box 167, Neshkoro, WI 54960-0167 Tel: 920-293-4628 – Fax: 920-293-8087 www.eaglecreekre.com Great Falls Hydroelectric -2- May 26, 2020 P-2814-025 Deficiency and AIR2 FLA surface water elevation which corresponds to the current 116.15 feet North American Vertical Datum of 1988 (NAVD88). The Project Boundary in the current license application was mapped using GIS to precisely follow the 116.15 feet NAVD88 elevation contour, with overlain tax parcels at a national map accuracy within 40 feet which overlaps or shows potential encroachment onto various lots identified on the Exhibit G-3 through G-6 tables. The Co-Licensees do not believe that any encroachments exist even though the mapping techniques are more detailed, particularly with the requirement that FERC project boundary maps be correct to +/- 40 feet and the fact that, as discussed below, Co-Licensees already own land within the current project boundary necessary to operate the project. The City of Paterson’s property rights along the Passaic River do not differ from those held by its predecessor-in-interest (the Paterson Municipal Utilities Authority) at the time of the original licensing, and that the Project Boundary upstream of the Great Falls remains unchanged. Therefore, the Co-Licensees have fee title or otherwise possess rights to occupancy and use other than fee title to lands within the Project Boundary. The table shown on pages G-3 through G-6 have been modified to remove the Planned Ownership column and a revised complete Exhibit G is included herein as Attachment 1. Additionally, on May 20, 2020, the Commission acknowledged, per a notice provided to the Commission on April 28, 2020, that a property transfer is in progress for a specific parcel within the current project boundary to be conveyed by the City of Paterson to the National Park Service. This parcel is already excluded from the lands within the Project Boundary for the Exhibit G map that accompanied the FLA. The Commission’s May 20th letter noted that the Co-Licensees will need to retain an access easement over the existing asphalt road for vehicular access to the powerhouse and project maintenance. The Co-Licensees note that this easement is not currently depicted as project lands on the Exhibit G map included in the FLA. Following the property transfer, the Co-Licensees will submit a revised Exhibit G map that depicts the land subject to this easement as project lands. As discussed in the April 28th notice, the National Park Service is eager to commence construction on recreational amenities to be located on the conveyed parcel. Thus, the Co-Licensees estimates that the property transfer will be complete in the near future. 2. Section 1.1 of the August 13, 2019, revised Exhibit A (revised Exhibit A), indicates that the project boundary encompasses 152 acres. However, in section 2.3, the surface area of the reservoir alone is estimated as 202 acres at normal maximum surface elevation. Further, your August 13, 2019, response to item 23 of Commission staff’s additional information request, including figures 7 and 15, state the area as 114.69 acres. Please resolve these inconsistencies and provide the correct reservoir acreage at normal maximum surface elevation and total acreage within the current and proposed project boundaries. If resolving these inconsistencies causes any other parts of the FLA to be inaccurate, those parts will need to be revised and filed. Eagle Creek Renewable Energy 116 N. State Street, PO Box 167, Neshkoro, WI 54960-0167 Tel: 920-293-4628 – Fax: 920-293-8087 www.eaglecreekre.com Great Falls Hydroelectric -3- May 26, 2020 P-2814-025 Deficiency and AIR2 FLA Co-Licensee’s Response The correct measurement of the existing project boundary, as shown in the 1985 license, is 114.69 acres, which is the project boundary at normal maximum surface elevation. This is consistent with the Co-Licensee’s August 13, 2019 response to Item 12 of the Commission’s Additional Information Request. The proposed project boundary, which would have the Great Falls and other areas downstream of the S.U.M. Dam removed from the project boundary and be given to the National Parks Service, is 107.60 acres. A revised Exhibit A is enclosed as Attachment 2 and contains revisions in yellow highlight. A revised Exhibit E, which also mentions project boundary acreage, is enclosed as Attachment 3, and contains revisions in yellow highlight. 3. Table 2.2.1, of the revised Exhibit A appears to use the value of the rated output of the project generator units (4,050 kilovolt-ampere [kVA]) in place of the rated output of the project’s turbine units. Commission staff notes that the rated output of the turbine units, as presented in the FLA, is 3,650 kilowatts (kW). Please correct the rated output of the project’s turbine units in Table 2.2.1 of the revised Exhibit A. Co-Licensee’s Response An updated Table 2.2.1 is provided in the revised Exhibit A that is filed in association with Item 2 above. 4. Table 2.2.2 of the revised Exhibit A shows the rated output of each project generator as 4,050 kVA. Using a power factor of 90 percent, the rated capacity of each generator should be 3,645 kW, not 3,650 kW as presented in the table. Please correct the rated capacity of each generator in Table 2.2.2 of the revised Exhibit A. Co-Licensee’s Response Upon further evaluation, the Co-Licensees have observed that the rated output of each generator is 4,055 kVA as shown on the nameplate photo below. Using a power factor of 90 percent, the rated capacity of each generator is 3,650 kW when rounded to the nearest whole number. Therefore, the Co-Licensees have not revised Table 2.2.1 to reflect a change in the Rated Capacity but has revised Table 2.2.1 to reflect a change in the Rated Output from 4,050 kVA to 4,055 kVA. Consequently, the Co-Licensees note that the total installed capacity of the project should be 10,950 kW. The Co-Licensees have updated Table 2.2.1 and the total installed capacity in Exhibit A that is filed in association with Item 2 above. Eagle Creek Renewable Energy 116 N. State Street, PO Box 167, Neshkoro, WI 54960-0167 Tel: 920-293-4628 – Fax: 920-293-8087 www.eaglecreekre.com Great Falls Hydroelectric -4- May 26, 2020 P-2814-025 Deficiency and AIR2 FLA 5. In the supporting design report filed on November 12, 2019, you provided a stability analysis of the intake of the project. In your analysis, you calculated the “weight of section” as 862 kilo-pounds (kips) in your estimate of horizontal loads (overturning and resisting). Please provide the supporting calculations for obtaining the value of 862 kips. Co-Licensee’s Response The supporting calculations for obtaining the value of 862 kips are enclosed as Attachment 3.
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