DISTRIBUTION LIST (P-14066)

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4 DISTRIBUTION LIST (P-14066) Name Agency/Organization 1 Office of the Governor Judith Bittner Peter Bibb* Honor Carpenter Dawn Collinsworth* Daniel Bussard Theodore Deats Angel Drobnica* Marlene Duvall Richard Enriquez State of Alaska P.O. Box Juneau AK Alaska Department of Natural Resources SHPO Office of History & Archaeology 550 West 7th Ave Suite 1310 Anchorage AK Inside Passage Electric Cooperation PO Box Auke, Bay, AK Bureau of Land Management State Director Alaska State Office 222 West 7th Avenue Anchorage AK Alaska Department of Environmental Conservation Environmental Specialist Division of Water - Compliance Program 410 Willoughby Avenue Suite 105 Juneau AK US. Dept. of Agriculture PO Box Juneau, AK ADNR Division of Mining Land and Water 410 Willoughby Avenue Suite 105 Juneau AK ADNR Division of Mining Land and Water 410 Willoughby Avenue Suite 105 Juneau AK SEACC 419 Sixth Street, Suite 200 Juneau, AK City Administrator City of Hoonah P.O. Box 360 Hoonah, AK USFWS 3000 Vintage Blvd., Suite 201 Juneau, Alaska Sean.parnell@alaska.gov Judith.bittner@alaska.gov pbibb@ak.net Honor.carpenter@alaska.gov Dawn.collinsowrth@ogc.usda.gov daniel.bussard@alaska.gov ted.deats@alaska.gov angel@seacc.org mduvall@cityofhoonah.org Richard_Enriquez@fws.gov 1 If no is provided, a CD with application materials was mailed via USPS.

5 Name Agency/Organization 1 Lawrence Gaffaney Huna Totem Corporation shareholders@hunatotem.com 9301 Glacier Highway, Suite 200 Juneau, AK Richard Harris Sealaska Corporation Richard.harris@sealaska.com One Sealaska Plaza, Suite 400 Juneau, AK Hoonah Indian Association 254 Roosevelt Street Hoonah, AK Mayor City of Hoonah P.O. Box 360 Hoonah, AK Richard Jennings* USDS Forest Service Region 10 rdjennings@fs.fed.us Shawn Johnson Alaska Department of Fish and Game PO Box Douglas, AK Monte Miller Alaska Department of Fish and Game State Hydropower Coordinator 333 Raspberry Road Anchorage AK Phil North U.S. Environmental Protection Agency 514 Funny River Road Soldotna, AK Doug Ott Alaska Energy Authority 813 West Northern Lights Boulevard Anchorage, AK Gary Prokosch ANDR Division of Mining Land and Water 550 W 7th Ave Suite 1020 Anchorage AK Barbara Stanley* USDA Forest Service Region Mission Street Ketchikan, AK Diana Stephens Sitka Recording District 210-C Lake St. Sitka, AK Jackie Timothy SE Regional Supervisor Alaska Department of Fish and Game Habitat PO Box Juneau, AK Linda Speerstra Corps of Engineers - Regulatory Division Sitka Field Office P.O. Box 16 Sitka, AK Susan Walker NOAA P.O. Box Juneau AK shawn.johnson@alaska.gov Monte.miller@alaska.gov North.phil@epa.gov dott@aieda.org Gary.prokosch@alaska.gov bstanley@fs.fed.us Jackie.timothy@alaska.gov Linda.Speerstra@usace.army.mil Susan.walker@noaa.gov

6 Name Agency/Organization 1 Johnny Zutz Alaska Department of Fish and Game Habitat PO Box Juneau, AK * Indicates parties that are FERC s Service List for the P Johnny.zutz@alaska.gov

7 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Inside Passage Electric Cooperative Project No NOTICE OF INTENT OF INSIDE PASSAGE ELECTRIC COOPERATIVE TO FILE AN APPLICATION FOR AN ORIGINAL LICENSE FOR A MINOR WATER POWER PROJECT FOR THE GARTINA FALLS HYDROELECTRIC PROJECT (FERC NO ) AND REQUEST TO USE THE TRADITIONAL LICENSING PROCESS Pursuant to 18 CFR 5.5, Inside Passage Electric Cooperative (IPEC) hereby notifies the Federal Energy Regulatory Commission (Commission) of its intent to file an application for an original license for the Gartina Falls Hydroelectric Project (Project No ). Simultaneously, IPEC is filing its Pre-Application Document (PAD) with the Commission. IPEC proposes to license the Project utilizing a Traditional Licensing Process (TLP). IPEC requests that all correspondence and service of documents related to this notification and subsequent proceedings be addressed to: Peter A. Bibb Operations Manager Inside Passage Electric Cooperative PO Box Mendenhall Loop Road Auke Bay, AK (907) pbibb@ak.com With a copy sent to: Jenna Borovansky HDR Engineering, Inc. 601 Union Street, Suite 700 Seattle, WA (206) jenna.borovansky@hdrinc.com The following information is provided consistent with the regulations of 18 CFR 5.5. Applicant's name and address: Inside Passage Electric Cooperative PO Box Mendenhall Loop Road Auke Bay, AK 99821

8 Project number: P License expiration date, if any: Not applicable. The Project does not possess a license and involves the construction of new facilities. An unequivocal statement of the applicant's intention to file an original license: Inside Passage Electric Cooperative unequivocally intends to file an application for an original license for this proposed Project. Type of principal project works licensed, if any, such as dam and reservoir, powerhouse, or transmission lines: Not applicable. This is a Notice of Intent for an unconstructed project. Project location by state, county and stream, and when appropriate, by city or nearby city: State: Alaska County: N/A. Alaska is divided by boroughs and recording districts. The Project area is not located within a borough, but is within the Sitka Recording District. Stream: Gartina Creek City: The proposed Gartina Creek Hydroelectric Project would be located approximately 5 miles upstream from the city of Hoonah, Alaska (pop. 860) on Chichagof Island. Hoonah is located approximately 30 miles west of Juneau, Alaska (pop. 30,998). Installed plant capacity (if any): Not applicable. Proposed installed capacity is 455 kilowatts. Names and addresses of: (1) Every county in which any part of the project is located, and in which any federal facility that is used by the project is located: Alaska is divided by boroughs and recording districts. The project area is not located within a borough, but is within the Sitka Recording District. (2) Every city, town, or similar local political subdivision: i. In which any part of the project is to be located and any federal facility that is or is to be used by the project is located, or ii. That has a population of 5,000 or more people and is located within 15 miles of the proposed project dam, There are no cities, towns, or subdivisions with population sizes of 5,000 or more within 15 miles of the proposed Project facilities.

9 (3) Every irrigation district, drainage district, or similar special purpose political subdivision: i. In which any part of the project is located and any federal facility that is or is proposed to be used by the project is located, or ii. That owns, operates, maintains, or uses any project facility or any federal facility that is or is proposed to be used by the project; and None. (4) Every other political subdivision in the general area of the project that there is reason to believe would be likely to be interested in, or affected by, the notification; and None. (5) Affected Indian tribes. The following Indian tribes were identified by IPEC through consultation efforts as having potential interests with the Project region. The Hoonah Indian Association is the federally recognized governing body of the tribal members of Hoonah, Alaska. The Hoonah Indian Association also has the authority to establish relationships and enter into contracts for the well being of the Tribe. Hoonah Indian Association 254 Roosevelt Street Hoonah, AK Huna Totem Corporation, a Native village corporation, is owned by approximately 1,300 Alaska Native shareholders whose aboriginal ties are to the Village of Hoonah in Southeast Alaska. Huna Totem Corporation 9301 Glacier Highway, Suite 200 Juneau, AK The project will be located on private land owned by Sealaska Corporation, a Native-owned company and largest private landowner in Southeast Alaska. Sealaska Corporation Headquarters One Sealaska Plaza, Suite 400 Juneau, AK Request to Use the Traditional Licensing Process IPEC is requesting Commission approval to use the Traditional Licensing Process (TLP). The regulations in 18 CFR 5.3 require that an application for authorization to use the TLP include justification for the request and any existing written comments on the potential applicant's proposal and a response thereto. The proposed Gartina Creek Project is a new, relatively small (455 kilowatt) conventional hydropower project. The proposed project will be operated strictly as a run-of-river project. As proposed the Project would affect less than 1/3 mile of primarily resident Dolly Varden habitat in Gartina Creek. The overall footprint of the proposed Project is a relatively small geographic area. The licensing process should be

10 scaled appropriately to the potential impacts of the proposed Project and size of the proposed Project area. Based on feedback received from an outreach effort to agencies and other interested stakeholders and its own evaluation of the ILP, IPEC believes that a TLP, enhanced with a request for early scoping by FERC, is the preferred process for the pre-filing consultation and study efforts for the Project. The following information addresses the specific considerations found in 18 CFR 5.3(c)(1)(ii): A. Likelihood of timely license issuance Unlike a relicensing effort for an existing project, there is no regulatory deadline for the filing of the license application for the Project. Instead IPEC must effectively manage the schedule of its licensing, studies and engineering/design efforts to allow the Project to be constructed and power brought on line in an expeditious and cost effective fashion. Flexibility in the regulatory requirements is necessary to allow IPEC, in consultation with agencies and other stakeholders, to make adjustments to the timeframes of various components of the licensing process to most efficiently bring power online. This flexibility is lacking in the ILP, which is generally designed to complete pre-filing consultation within the window of time from the NOI to the expiration of an existing license. The TLP schedule proposed by IPEC for the Project allows for this flexibility, and acknowledges the immediate need for renewable, affordable power in the IPEC service area that can be met by allowing for timely filing of a license application. B. Complexity of the resource issues As noted in the PAD, there is some existing resource information available for the study area. In addition, IPEC completed resource studies related to geology, wetlands, fisheries, water quality, and cultural resources prior to filing of the PAD. Gartina Creek, where the Project generating facilities will be located, is a small creek that is less than ten miles long from its headwaters to its confluence with the Port Frederick Bay of the Icy Strait at Hoonah Harbor. Due to the limited geographic scope of the potential Project impacts, a relatively straight forward study program was conducted in order to generate the needed information to support the development of the PAD and subsequent license application. Analysis of potential Project effects is included in the PAD. C. Level of anticipated controversy During the outreach effort conducted by IPEC regarding the use of the TLP and preliminary study efforts, IPEC has discussed with agencies and other stakeholders its goal of provided information adequate for impact assessment is the PAD. IPEC believes that the flexibility that will be available in the TLP for making adjustments to review time frames, when appropriate, while not endangering the overall project schedule will provide an important tool for making engagement in final license application development as effective as possible. There has been significant public support for the Project, and consultation to date has not indicated that the study program conducted or impact assessment itself will be controversial or overly complex. D. Relative cost of the traditional process compared to the integrated process IPEC anticipates that it will continue to engage agencies and other stakeholders in consultation according to the schedule outlined in the PAD. However, substantial efficiencies are expected from utilizing the TLP due to the flexibility that will exist for IPEC, in consultation with agencies and other stakeholders, to allow for a license application filing as soon as practicable in The TLP allows IPEC and stakeholders to focus on reviewing field data in the most efficient manner rather than being tied to the strict timelines of the ILP. Thus, in terms of effective use of available time, IPEC believes that the

11 TLP provides advantages over the ILP that will allow for a more efficient license application development. IPEC anticipates realizing some cost savings utilizing the TLP as proposed, given the relatively straight forward anticipated study program, and the existing study efforts and pre-filing consultation already occurring that allow for public and agency consultation without the significant process related time burden of the ILP. E. The amount of available information and potential for significant disputes over studies IPEC has conducted resource studies in the Project area in support of the PAD. It is IPEC s intent to conduct its pre-filing consultation in a manner that addresses and resolves, to the extent possible, any differences of opinion with regard to the design and implementation of the study program. Due to the relatively small geographic area of impact, if any additional field information is necessary it could be collected in a short amount of time. Given the productive exchange with agencies and stakeholders to date on the existing study efforts and the collective understanding of the limited scope of potential impacts that need to be studied, IPEC does not anticipate significant disputes over studies. F. Other factors believed by the applicant to be pertinent IPEC has commenced an initial consultation effort with those agencies, tribes, native corporations, and nongovernmental organizations who have been actively involved in the process to date regarding the proposed Project, and its desire to utilize the TLP. Documentation of the site visit and other communications performed prior to this filing is included in the PAD, Appendix G. As part of its outreach and consultation efforts, IPEC drafted a Consultation Information Packet which provides project information is intended to assist interactions with agencies and other stakeholders under its proposal to use the TLP. The information was distributed to agencies and other stakeholders actively involved to date via on August 5, 2011, prior to a site visit open to all stakeholders held on August 11, Attachment A includes correspondence and a list of parties who were solicited for preliminary comment on use of the TLP; these parties are a subset of the full distribution list that is attached to the filing cover letter. Attachment B includes letter of support for use of the TLP from the Alaska Department of Natural Resources, the City of Hoonah, the Huna Totem Native Corporation, and the Sealaska Corporation. An initial response from the Alaska Department of Fish and Game regarding schedule considerations for the proposed use of the TLP was also received. IPEC believes that use of the TLP as outlined above, allowing for consultation per the consultation procedures outlined in the PAD, will provide for the most effective process for engaging interested parties and agencies in analysis of the proposed Project.

12 ATTACHMENT A Soliciting Comments on Request to Use TLP

13 Borovansky, Jenna From: Sent: To: Cc: Subject: Attachments: Borovansky, Jenna Friday, September 30, :17 PM Borovansky, Jenna; 'Zutz, Johnny D (DFG)'; 'angel@seacc.org' Brady, James; Berkshire, Paul; 'pbibb@ak.net' RE: Gartina Falls - Request for Support of Licensing Process & Proposed Schedule GartinaFallsSchedule_SiteVisitNotes.pdf Dear Gartina Falls Interested Parties, Thank you for considering IPEC s request to use the Traditional Licensing Process (TLP) for the Gartina Falls Project. I understand our initial request for feedback on use of the TLP had a very tight timeline. If you have the time to consider this request over the next week and provide a quick response, we appreciate it and will include any responses on the use of TLP received by October 7 in the filing package. Once the request is filed with FERC, there will be 30-days to comment on the use of the TLP with the Commission. We are making this request because we feel the TLP is better suited for the licensing of new projects. The TLP was FERC s default licensing method up until 2005 when FERC adopted the Integrated Licensing Process (ILP) to address a large number of project re-licensings they were seeing. Most of the new small projects currently being licensed are using the TLP. With either method, identification and resolution of resource issues to be analyzed in the licensing process will be made through scoping as scheduled by FERC. As discussed with many of you at the site visit, IPEC hopes that by providing comprehensive information up front in the process, it will expedite agencies being able to participate in the development of a sound license application that addresses all resource concerns. In the consultation package sent via on August 5, and at the site visit on August 11, IPEC indicated that we had performed resource studies in the areas of geology, fisheries, wildlife, vegetation, cultural, and water resources in 2010 and 2011 in support of our upcoming application. We plan to submit a comprehensive Pre-Application Document (PAD) that includes all study results, and a full description of proposed project facilities and operations (drafts of license Exhibits A and F). The information IPEC is presenting in the PAD will be at the level of detail required for a draft license application including full analysis of project effects. After everyone has had the opportunity to review the information in the PAD, IPEC would like to begin discussions based on the available information following the steps of the TLP. The Gartina Falls Project will be located entirely on private lands, is located above and at the anadromous fish barrier, has a small footprint, and will operate in run-of-river mode. As such, our hope is that we can efficiently come to agreement regarding any additional information requests and appropriate protection, mitigation, and enhancement proposals for the Project. IPEC and the consultant team look forward to discussing this with you further. Please do not hesitate to contact me, or Paul Berkshire, Project Engineer (paul.berkshire@hdrinc.com) with any questions. Thank you for your continued interest in the Gartina Falls Project. JENNA BOROVANSKY HDR Engineering, Inc. Senior Regulatory Specialist, Hydropower Services 601 Union Street, Suite 700 Seattle, WA

14 c: hdrinc.com From: Borovansky, Jenna Sent: Tuesday, September 27, :11 PM To: Borovansky, Jenna; Cc: Brady, James; Berkshire, Paul; Subject: Gartina Falls - Request for Support of Licensing Process & Proposed Schedule Dear Gartina Falls Hydroelectric Project Interested Parties: The Inside Passage Electric Cooperative (IPEC) is requesting resource agencies and other interested parties support for use of the Traditional Licensing Process (TLP) for licensing of the proposed Gartina Falls Hydroelectric Project (Project), FERC Project No In August 2011, IPEC provided a consultation information packet with background information on the proposed Project. IPEC met in Hoonah, Alaska with available agency representatives and stakeholders to introduce the proposed Project. During this site visit, IPEC representatives proposed use of the Traditional Licensing Process (TLP). This contains a summary of the site visit and a proposed schedule for developing the Project in consultation with interested parties. IPEC intends to file a Pre-Application Document (PAD) in early October. In conjunction with the PAD filing, IPEC will be requesting that the Federal Energy Regulatory Commission (FERC) approve use of the TLP. Absent approval of the TLP, IPEC will proceed with consultation through FERC s default process, the Integrated Licensing Process (ILP). IPEC believes that the TLP will provide the most efficient process for public and agency review of licensing documents, while allowing for a filing of a license application for Project early in The TLP allows for flexibility in review timelines not afforded by the ILP that IPEC believes will benefit all parties involved in the review and development of the Project. The proposed Project has a limited footprint and will be located at the existing anadromous fish barrier at Gartina Falls; IPEC intends to fully describe all resource studies conducted to date and will outline potential effects and proposed protection, mitigation, and enhancement measures for the proposed Project in the PAD. During the initial site visit with agencies, several representatives expressed interest in including a request to FERC for early scoping, if IPEC is to use the TLP. The TLP has a mechanism, described in 18CFR 4.38(e)(4), to enhance the TLP with ILP elements that could allow FERC to address this request. This provision allows for a license applicant to request that FERC incorporate into pre-filing consultation elements of the ILP provided for under 18 CFR 5. If requested by the agencies, IPEC will request that FERC conduct early scoping and will support and participate in the scoping activities that FERC initiates. IPEC would appreciate your review and feedback on the attached proposed schedule and meeting notes from the site visit. In addition, IPEC requests via your comments in support of use of the TLP and the proposed schedule in the attached. Comments received by October 3 will be incorporated into the PAD filing with FERC in early October. responses to jenna.borovansky@hdrinc.com would be greatly appreciated. You will also have an additional opportunity to comment on use of the TLP with FERC following filing of the PAD and Notice of Intent to file a license application for the Project. Thank you for interest in this project and response to this request. If you have any questions, please do not hesitate to contact me (jenna.borovansky@hdrinc.com, ). JENNA BOROVANSKY HDR Engineering, Inc. Senior Regulatory Specialist, Hydropower Services 601 Union Street, Suite 700 Seattle, WA

15 ATTACHMENT B Comments Received on IPEC s Request to Use the TLP

16 Borovansky, Jenna From: Sent: To: Cc: Subject: Categories: Deats, Theodore A (DNR) [ted.deats@alaska.gov] Monday, October 03, :55 PM Borovansky, Jenna; Richard_Enriquez@fws.gov; Johnson, Shawn L (DFG); susan.walker@noaa.gov; Miller, Monte D (DFG); O'Doherty, Gillian M (DFG); Ian.smith@ferc.gov; ryan.hansen@ferc.gov; bstanley@fs.fed.us; Plett, Kristina A (DNR); Prokosch, Gary J (DNR); north.phil@epa.gov; shareholders@hunatotem.com; michele.metz@sealaska.com; Sager, Kimberly R (DNR); rick.harris@sealaska.gov; Marleen Duvall; lgaffaney@hunatotem.com; Bussard, Daniel P (DNR); Windy@cityofhoonah.org; Zutz, Johnny D (DFG); angel@seacc.org Brady, James; Berkshire, Paul; pbibb@ak.net; Deats, Theodore A (DNR) RE: Gartina Falls - Request for Support of Licensing Process & Proposed Schedule Gartina Falls Consultation Jenna, DMLW has no objection to use of the Traditional Licensing Process (TLP) for the Gartina Falls Project. Ted Deats From: Borovansky, Jenna [mailto:jenna.borovansky@hdrinc.com] Sent: Friday, September 30, :17 PM To: Borovansky, Jenna; Richard_Enriquez@fws.gov; Johnson, Shawn L (DFG); susan.walker@noaa.gov; Miller, Monte D (DFG); O'Doherty, Gillian M (DFG); Ian.smith@ferc.gov; ryan.hansen@ferc.gov; bstanley@fs.fed.us; Plett, Kristina A (DNR); Prokosch, Gary J (DNR); north.phil@epa.gov; shareholders@hunatotem.com; michele.metz@sealaska.com; Sager, Kimberly R (DNR); Deats, Theodore A (DNR); rick.harris@sealaska.gov; Marleen Duvall; lgaffaney@hunatotem.com; Bussard, Daniel P (DNR); Windy@cityofhoonah.org; Zutz, Johnny D (DFG); 'angel@seacc.org' Cc: Brady, James; Berkshire, Paul; pbibb@ak.net Subject: RE: Gartina Falls - Request for Support of Licensing Process & Proposed Schedule Dear Gartina Falls Interested Parties, Thank you for considering IPEC s request to use the Traditional Licensing Process (TLP) for the Gartina Falls Project. I understand our initial request for feedback on use of the TLP had a very tight timeline. If you have the time to consider this request over the next week and provide a quick response, we appreciate it and will include any responses on the use of TLP received by October 7 in the filing package. Once the request is filed with FERC, there will be 30-days to comment on the use of the TLP with the Commission. We are making this request because we feel the TLP is better suited for the licensing of new projects. The TLP was FERC s default licensing method up until 2005 when FERC adopted the Integrated Licensing Process (ILP) to address a large number of project re-licensings they were seeing. Most of the new small projects currently being licensed are using the TLP. With either method, identification and resolution of resource issues to be analyzed in the licensing process will be made through scoping as scheduled by FERC. As discussed with many of you at the site visit, IPEC hopes that by providing comprehensive information up front in the process, it will expedite agencies being able to participate in the development of a sound license application that addresses all resource concerns. In the consultation package sent via on August 5, and at the site visit on August 11, IPEC indicated that we had performed resource studies in the areas of geology, fisheries, wildlife, vegetation, cultural, and water resources in 2010 and 2011 in support of our upcoming application. We plan to submit a comprehensive Pre-Application Document (PAD) that includes all study results, and a full description of proposed project facilities and operations (drafts of license Exhibits A and F). The information IPEC is presenting in the PAD will be at the level of detail required for a draft license application including full analysis of project effects. 1

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20 \11 -ea '1\sEAiASkA October 3, 2011 Ms. Kimberly D. Bose Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, D.C Re: Inside Passage Electric Cooperative Gartina Falls Hydroelectric Project (FERC Project No. P ) Dear Secretary Bose: Sealaska Corporation is an Alaska Native Regional corporation formed under the Alaska Native Claims Settlement Act (ANCSA) of 1971 and represents more than 20,000 tribal member shareholders of Tlingit, Haida and Tsimshian descent in Southeast Alaska. Under ANCSA Sealaska will receive over 365,000 acres ofland in Southeast Alaska. Sealaska has a long history of working and supporting local utilities in their efforts to develop affordable, renewable energy projects that exist on Sealaska's lands. The vast majority of the proposed Gartina Falls Hydroelectric Project will occupy lands owned by Sealaska. The Gartina Falls Hydroelectric Project will provide renewable to energy to Hoonah, AK. Hoonah is a primarily native community that has been economically suffering due to the high cost of diesel energy production. I am writing to you to express Sealaska's support for the project. We have reviewed the project and find it consistent with our objectives of using our resources in the best interests of our tribal member shareholders as well as all of the community residents. It is our intention to cooperate with the Inside Passage Electric Cooperative to establish long-term land use agreement that will allow the project to be developed on Sealaska lands. We are in support of the proposed project timeline and use of the Traditional Licensing Process. This run-of-river project will have negligible environmental impacts and we would like to request your assistance in moving this project through the regulatory process in as efficient of manner as possible. Sincerely, '" se ~al~orpora tion ltion / ~ ~;+--.. ichafd Harris Executive Vice President.. SealaskaCorporation OneSealaskaPlaza,Suite400, Juneau,Alaska Tel: Fax:

21 cc. Peter Bibb, IPEC Jodi Mitchell, Sealaska Director Chris McNeil, Sealaska President and CEO Ron Wolfe, Sealaska NR Manager Michele Metz, Sealaska Lands Manager Rosita Wor!, Chair Sealaska Land Committee One Sealaska Plaza, Suite 400. Juneau, AK Phone (907) Fax (907)

22 Borovansky, Jenna From: Sent: To: Cc: Subject: Categories: Miller, Monte D (DFG) [monte.miller@alaska.gov] Tuesday, September 27, :25 PM Borovansky, Jenna; richard.enriquez@fws.gov; Johnson, Shawn L (DFG); susan.walker@noaa.gov; O'Doherty, Gillian M (DFG); Ian.smith@ferc.gov; ryan.hansen@ferc.gov; bstanley@fs.fed.us; Plett, Kristina A (DNR); Prokosch, Gary J (DNR); north.phil@epa.gov; shareholders@hunatotem.com; michele.metz@sealaska.com; Sager, Kimberly R (DNR); Deats, Theodore A (DNR); rick.harris@sealaska.gov; Marleen Duvall; lgaffaney@hunatotem.com; Bussard, Daniel P (DNR); Windy@cityofhoonah.org Brady, James; Berkshire, Paul; pbibb@ak.net; Klein, Joseph P (DFG) RE: Gartina Falls - Request for Support of Licensing Process & Proposed Schedule Gartina Falls Consultation Jenna Borovansky, While we appreciate the intent of your request, allowing 3+ days to discuss the choice of the Traditional Licensing Process with apparent undefined modifications, would seem insufficient. With staff on leave and travel status this week, we are unable to properly evaluate this project or your request for support of the TLP. Consequently, according to your schedule as identified, any comments we may have will not be included in the IPEC request to use the TLP. Under the TLP process, we will consider filing comments on the process when notified by FERC. Generally, a minimum of two weeks notification of a request is requested by our agency with four weeks lead time being appreciated. With more than 90 hydropower and hydrokinetic projects currently active of proposed in Alaska, scheduling is at best difficult for us. We are also concerned by the notation in Attachment A which states IPEC will request that FERC shorten the 30 day comment period for public and agency comments on use of the TLP to allow for a mid-november Joint Meeting. We agree that early scoping is important, but we do not support any shortening of identified time periods of the TLP. The schedule developed and presented as Attachment A appears to be extremely optimistic. IPEC proposes to file a Final License Application in mid February 2012, which is well before the TLP schedule would seem to identify. This is also well before comments on proposed studies would be due. If FERC follows the TLP process you may not see a joint meeting scheduled until early 2012 with the study request process beginning after the joint meeting. Under the TLP the study identification process could be from 60 to 150 days. Allowing 90 days for the agencies to develop PME measures (Dec through Feb. 2012) with limited study information available is also unrealistic. The proposed schedule would seem to stack several steps in the TLP during the same time period, Pad Comments, Process Comments, Study Requests, Scoping, Study Results and development of PM&E measures within about 90 days. This is a new Preliminary Permit issued September 9, This agency is concerned about the apparent rush to license this project. The timeline presented is questionable for many reasons and problematic for this agency. The schedule presented indicates a filing of a Final License Application by February 15, This is before the consultation meeting have concluded and before any additional identified study needs are complete with studies reported. This will put additional and perhaps unrealistic burdens on everyone involved in the process. I will confer with staff next week regarding this project. Monte D. Miller Statewide Hydropower Coordinator Alaska Department of Fish and Game Division of Sport Fish / RTS 333 Raspberry Road Anchorage, Alaska (907)