Camas Prairie, Elmore County, Idaho

Tag Archives: Lawsuits and filings

FERC Request Cat Creek Provide Additional Information by March 8, 2019

The Federal Energy Regulatory Commission (FERC) has requested additional information from Cat Creek Energy, LLC regarding their planned Pumped Storage Hydroelectric Project on Little Camas Prairie. Cat Creek Energy has until March 8, 2019, to answer the questions contained in the “Schedule A” document located at the bottom of this post.

The letter and Schedule A can also be directly downloaded here … http://catcreek-energy.com/download/874/


FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, D. C. 20426
February 21, 2019

OFFICE OF ENERGY PROJECTS

 

Project No. 14655-001–Idaho
Cat Creek Energy Generation Facility
Pumped Storage Hydroelectric Project
Cat Creek Energy, LLC

 

James Carkulis
Cat Creek Energy, LLC 398 S. 9th Street, Suite 240
Boise, ID 83702

Subject: Additional Information Request Dear Mr. Carkulis:

After reviewing your successive preliminary permit application filed on November 9, 2018, for the Cat Creek Energy Generation Facility Pumped Storage Hydroelectric Project No. 14655-001 and the comments filed on the application, additional information is needed to continue processing your application. Please provide the information requested in Schedule A within 15 days from the date of this letter.

The Commission strongly encourages electronic filing. Please file the requested information using the Commission’s eFiling system at http://www.ferc.gov/docs- filing/efiling.asp. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, D.C. 20426. The first page of any filing should include docket number P-14655-001.

If you have any questions concerning this letter, please call Karen Sughrue at (202) 502-8556.

 

Sincerely,

~ signed ~

For David Turner,
Chief Northwest Branch
Division of Hydropower Licensing

 


Enclosure:  Schedule A
Project No. 14655-001

 

ADDITIONAL INFORMATION

 

1. In section (iii) of Exhibit 2 of your application, you request a waiver of section 4.81(c)(2) of the Commission’s regulations, which requires the filing of a work plan for new dam construction. S Bar Ranch, LLC, in its motion to intervene and protest, objects to this waiver request.

Section 4.81(c)(3) of the Commission’s regulations allows the Commission to waive the requirements of paragraph (c)(2) upon a showing by the applicant that the field studies, tests, and other activities to be conducted under the permit would not adversely affect cultural resources or endangered species and would cause minor alterations or disturbances of lands and waters, and that any land altered or disturbed would be adequately restored. The federally listed bull trout and its critical habitat are within the proposed project boundary at the Anderson Ranch Reservoir. Neither your permit or the project record clearly describes if you intend to conduct geotechnical studies during the term of the successive permit.

If you intend to conduct geotechnical studies, you must either demonstrate that the studies will not affect cultural resources or endangered species and result in minimal disturbance to land and waters, or file a work plan. In the latter case, the work plan must contain: (i) a description, including the approximate location, of any field study, test, or other activity that may alter or disturb lands or waters in the vicinity of the proposed project, including floodplains and wetlands; measures that would be taken to minimize any such disturbance; and measures that would be taken to restore the altered or disturbed areas; and (ii) a proposed schedule (a chart or graph may be used), the total duration of which does not exceed the proposed term of the permit, showing the intervals at which the studies, investigations, tests, and surveys, identified under this paragraph are proposed to be completed.

2. As explained in your original permit, the proposed project would require a Lease of Power Privilege (LOPP) from the U. S. Bureau of Reclamation (Reclamation) for the use of Anderson Ranch Reservoir. Letters filed by Reclamation on April 4, 2017 and January 31, 2019, indicate that you have begun that LOPP process by receiving approval from Reclamation on October 17, 2016 to be a preliminary leasee for a five- year period. The January 31, 2019 filing also indicates that you have entered into a contributed-funds-agreement contract with Reclamation on May 9, 2017. However both letters indicate that you have not provided the required funding for Reclamation’s review of the project, entered into a preliminary LOPP agreement with Reclamation, or begun conducting the studies required by Reclamation to evaluate project impacts. The letters also indicate that Reclamation does not intend to commit resources to processing your proposed project until the required funding is provided. Reclamation’s January 31, 2019, filing states that if you are still interested in this project that it is critical to initiate these steps to attempt to complete the required LOPP steps by October 16, 2021.

Therefore, please file an update on your efforts at conducting the LOPP process steps with noted in Reclamation’s January 31, 2019 letter.

 

 

Cat Creek Energy Development Agreement with Elmore County Gets its First Amendment

During the Dec. 14, 2018 public hearing.

Spoiler Alert: The county commissioners agreed to give Cat Creek Energy, LLC more time to renegotiate certain water issues at the Dec. 14, 2018 public hearing.

The Hearing

In a nutshell, this is what happened at this 30-minute public hearing. The first amendment of the development agreement between Cat Creek Energy and Elmore County in regards to the mega-energy project slated for our backcountry was approved during a public hearing and deliberations on December 14, 2018.

The approved amendment, however, was merely to give the county and the Gooding-based corporation extra time to negotiate the Water Diversion and Delivery Agreements portion of a joint development agreement. The original date to hammer out the details was December 31, 2018. The new date to agree on those water issues is now officially, June 30, 2019.

If the county and Cat Creek Energy cannot come to an agreement by June 30, 2019, the conditional use permits (CUP 2015-04) will lapse.

There were four individuals who testified against giving Cat Creek Energy additional time to hammer out the agreement and one individual who was neither for nor against the amendment. The interesting thing to know and understand is, Cat Creek Energy did not publicly testify at this meeting. There was one Cat Creek lawyer in attendance and she did not give us any reason for why they require more time. That could be important.

FYI: CUP-2015-04 deals with the proposed Cat Creek Reservoir and its Pump Storage Hydro-electrical Generating Facility.

Reference:

More to Come

Expect a follow-on post regarding this issue where we will discuss some of our thoughts about what happened and what didn’t happen at this and other related public hearings.

The Amendable Portion of the Current Development Agreement (Partial Dev Agreement Only)

With a public hearing scheduled for 1:30 p.m. on December 14, 2018, in the Elmore County Courthouse regarding the possible amendment to the Development Agreement between Cat Creek Energy, LLC and Elmore County coming up soon, we thought you might like to see both proposed amendments and the current document.

The full Development Agreement between Cat Creek Energy, LLC, and Elmore County can be viewed and downloaded here …  CCE_Development Agreement (9-Feb-2018)-10673026_1. or at the direct link to that 37 page document at http://catcreek-energy.com/download/463/

A Snippet of the Development Agreement

DEVELOPMENT AGREEMENT RELATIVE TO CAT CREEK ENERGY, LLC
CONDITIONAL USE PERMITS (CUP 2015-03, CUP 2015-04, CUP 2015-05, CUP 2015-
06, CUP 2015-07)

This Development Agreement Relative to Cat Creek Energy, LLC Conditional Use Permits
(CUP 2015-03, CUP 2015-04, CUP 2015-05, CUP 2015-06, CUP 2015-07) (the “Agreement”) is
entered into this 9th day of February 2018, (“Effective Date”), by and between
Elmore County (the “County”), a political subdivision of the State of Idaho, and Cat Creek Energy,
LLC, an Idaho limited liability company (the “Developer”) (collectively, the “Parties”).

WITNESSETH:

NOTE: WITNESSTH portion of the development agreement between Cat Creek Energy and Elmore County was not included (redacted) in this post because it is not pertinent to the December 14, 2018, public hearing.

NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth
herein, the Parties agree as follows:

AGREEMENT
SECTION 1. DEVELOPMENT OF THE PROJECT.

NOTE: Section 1 of the development agreement between Cat Creek Energy and Elmore County was not included (redacted) in this post because it is not pertinent to the December 14, 2018, public hearing.

SECTION 2. REQUIRED ENCLOSURES FROM CONDITION NUMBER TWO.

NOTE: Section 2.1 of the development agreement between Cat Creek Energy and Elmore County was not included (redacted) in this post because it is not pertinent to the December 14, 2018, public hearing.


(Current) 2.2. Water Diversion and Delivery. Given the complexities of water diversion and
delivery related to the Project, and in an effort to move the Project forward without further delay,
the County and Developer have agreed to defer the negotiation and execution of all Water
Diversion and Delivery Agreements to a later date, to be heard after notice and public hearing, but
which shall be done prior to December 31, 2018, or the CUP related to water shall lapse.


There are two proposed amendments to section 2.2 of the Development Agreement

Option #1 (Blue Document)

The Parties hereby agree to replace Section 2.2 of the Development Agreement with the
following:

2.2 Water Diversion and Delivery.
          (a) The Developer shall divert and deliver water at a rate of up to 200 cubic feet per
second (cfs) to the County under its water right, in priority, on a continuous flow basis, from
the South Fork Boise River to Little Camas Reservoir by use of Developer’s infrastructure, as
long as (1) the water can be accepted into Little Camas Reservoir, as determined by the
Mountain Home Irrigation District, in its sole discretion; and (2) the water diversion and
delivery does not prevent the Developer from performing its ordinary water operations, which
term is defined as generating electricity via hydro-power or performing ordinary maintenance
of its hydro-power infrastructure and (3) Cat Creek Reservoir stored water is at least 20,000
acre feet. Developer’s duty to divert and deliver water to the County shall be suspended
during any emergency conditions that may exist outside of the Developer’s control. The
Developer agrees to use commercially reasonable efforts not to schedule maintenance work
during the anticipated water diversion and delivery time periods for the County.

          (b) For those years when the County elects to take water delivery under Section 2.2 (a)
above, charges for water diversion and delivery shall be billed to the County based on the
Developer’s actual cost of electricity for pumping the quantity of water diverted and delivered
to the County under its water right. Billing invoices from the Developer shall specify the total
amount of water pumped, diverted and discharged to the Anderson Ranch Reservoir by the
Developer and the total amount of water diverted and delivered into Little Camas Reservoir for
the benefit of the County for the twelve (12) month period in which the County takes water
delivery. The Developer shall invoice the County within ninety (90) days from the end of
water delivery to the County for that water delivery period and provide copies of its electricity
cost and its water diversion records to the County with the annual invoicing. Payment by the
County shall be due and payable thirty (30) days after receipt of the annual invoicing.

(c) The Developer consents to use of its diversion point for diversion of water under the
County’s water right.

(d) The County will inform the Developer, or its designated agent, no less than twenty-four
(24) hours prior to any County request for diversion and delivery of water under its water
right. Provided, however, the County shall be under no obligation to request diversion or
delivery of any water, or accept any water, and any County request for water diversion or
delivery shall be in the County’s sole discretion.

(e) The Developer has withdrawn its pending protest at the Idaho Department of Water
Resources against the County’s application for water permit no. 63-34348. The County has
withdrawn its protest against Developer’s water right application No. 63-34403 filed with the
Idaho Department of Water Resources.

(f) The Developer, the Landowners, the County, and their agents, consultants, and
employees shall act in good faith regarding the County and Developer’s pursuit of a water
permit and license under their respective applications, pending before the Idaho Department of
Water Resources, and shall also act in good faith regarding the County and Developer’s
relationship with the Mountain Home Irrigation District.

(g) Notwithstanding anything in the Development Agreement to the contrary, the
County’s obligations to pay for electricity for pumping expense under Section 2.2(b) of the
Amendment in connection with the diversion and delivery of water by the Developer to the
County under Section 2.2(a), shall be subject to and dependent upon the appropriations
being made in the fiscal year for the diversion and delivery of water by the Elmore County
Board of Commissioners for such purpose.

ALL OTHER PROVISIONS OF THE DEVELOPMENT AGREEMENT SHALL REMAIN
IN FULL FORCE AND EFFECT.


Option #2 (Orange Document)

The Parties hereby agree to replace Section 2.2 of the Development Agreement with the following:

“2.2. Water Storage and Delivery. Given the complexities of water diversion and delivery related to the Project, and in an effort to move the Project forward without further delay, the County and Developer have agreed to defer the negotiation and execution of all Water Diversion and Delivery Agreements to a later date, to be heard after notice and public hearing, but which shall be done prior to June 30, 2019, or the CUP related to water (CUP 2015-04) shall lapse.”

ALL OTHER PROVISIONS OF THE DEVELOPMENT AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.


Take Action / What Can You Do

  • Call or write a letter to the Elmore County Commissioners with a delivery date on or before Dec. 14, 2018 stating why you oppose the amendments shown above.
    Commissioner Wes Wootan (208)599-3131 Commissioner Bud Corbus: (208) 599-1294
    Elmore County Land Use and Building Department
    520 East 2nd South Street
    Mountain Home, Idaho, 83647
  • Attend the 1:30 p.m. public hearing on Dec. 14, 2018.
  • More information about the hearing, phone numbers and mailing address can be found at http://catcreek-energy.com/event-cat-creek-energy-public-hearing-for-amending-the-development-agreement-with-elmore-county/
  • Spread the word about the Dec. 14, 2018 meeting. At least one county commissioners believe that because very few people attend these hearing the issues aren’t important to the residents of Elmore County. If you are viewing this on a computer, there is a Facebook Share button just below this post.

Did You Know: The Proposed Power Infrastructure for Cat Creek Reservoir

  • The proposed powerhouse would house twelve 60 MW ternary turbines.
  • The powerhouse would also house additional pump facilities which would utilize the same penstocks feeding the turbine/generators to lift the stored water 840 feet from Anderson Ranch Reservoir for storage in the new Cat Creek Reservoir on Little Camas Prairie.
  • The penstocks would be six 14-16 ft diameter steel pipelines each 2,500 feet long.

Reference: Cat-Creek-Energy-FERC-Application-Nov2018.pdf at … Cat Creek Energy FERC Application - Nov 2018 or at the direct link at http://catcreek-energy.com/download/743/

Mailing Addresses for Cat Creek Energy Issues

Contact Information for Cat Creek Energy Issues

Last updated on March 5, 2019

Idaho’s Senior Senator
U.S. Senator Mike Crapo
239 Dirksen Senate Building
Washington, DC 20510

Phone: 202-224-6142


Idaho’s Freshman Senator
U.S. Senator James E. Risch
United States Senate
Washington, DC 20510

Phone: 202-224-2752


Idaho’s 1st Congressional District
Congressman Russ Fulcher
1520 Longworth House Office Building
Washington, DC 20515

Phone: 202-225-6611


Idaho’s 2nd Congressional District
Congressman Mike Simpson
2084 Rayburn House Office Building
Washington, D.C. 20515

Phone: 202-225-5531


Idaho’s Governor
Governor Brad Little
State Capitol
PO Box 83720
Boise, ID 83720

Phone: 208-334-2100


Idaho District 23 State Representatives

District 23 Senator:

(While in Session Contact Info)
Senator Bert Brackett
P.O. Box 83720
Boise, ID 83720-0081

Phone: 208-332-1336
Email: bbrackett@senate.idaho.gov
Website: https://legislature.idaho.gov/legislators/membership/2018/id14/

 

(Not in Session Contact Info)
Senator Bert Brackett
48331 Three Creek Highway
Rogerson, Idaho 83302

Home Phone: 208-857-2217


District 23A Representative:

(While in Session Contact Info)
Representative Christy Zito
P.O. Box 83720
Boise, ID 83720-0038

Phone: 208-332-1181
Email: czito@house.idaho.gov
Website: https://legislature.idaho.gov/legislators/membership/2017/id4281/

 

(Not in Session Contact Info)
Representative Christy Zito
8821 Old Highway 30
Hammett, Idaho 83627

Home Phone: 208-590-4633


District 23B Representative:

(While in Session Contact Info)
Representative Megan Blanksma
P.O. Box 83720
Boise, ID 83720-0038

Phone: 208-332-1054
Email: mblanksma@house.idaho.gov
Website: https://legislature.idaho.gov/legislators/membership/2018/id4283/

 

(Not in Session Contact Info)
Representative Megan Blanksma
595 S. Thacker Road
Hammett, Idaho 83627

Home Phone: 208-366-7976
Campaign Website: https://meganblanksma.com/


General Correspondence to the BOCC:

BOCC
150 South 4th East
Mountain Home, ID 83647

Online Feedback and Correspondence

As of March 1, 2019, an online form was made available at:
https://elmorecounty.org/contact/

Commissioner Phone Numbers :

Bud Corbus – Phone: 208-587-2129 ext. 505 / Home Phone: 208-599-1294
Wes Wootan – Phone: 208-587-2129 ext. 505 / Home Phone: 208-599-3131
Al Hofer – Phone: 208-587-2129 ext. 505 / Home Phone: 208-599-1620

Communication During BOCC Meeting Involving Cat Creek Energy

Elmore County Commissioner (mail goes to P & Z for Cat Creek Energy issues)
Elmore County Land Use and Building Department
520 East 2nd South Street
Mountain Home, Idaho, 83647

Website: https://elmorecounty.org/

Possible Elmore County Email Addresses

NOTE: Kacey Ramsauer was the official POC for CCE issues in the recent past.

IMPORTANT: Make sure you ask that official enter the documents into the record and confirm this has been done by return email.


Others

Cat Creek Energy Corporate Offices

Cat Creek Energy LLC
398 S. 9th St., Ste 240
Boise, ID 853701

Mountain Home Mayor

City of Mountain Home
ATTN: Mayor Dick Sykes
160 South 3rd East Street
Mountain Home, ID 83647

Email: mayor@mountain-home.us

 

Breaking News – S Bar Ranch Filed a Notice of Objections

On August 22, 2018, the S Bar Ranch filed a Notice of Objections with Elmore County alleging the county has a significant and irreconcilable conflict of interest/bias in its dealing with the Cat Creek Energy project.

To read the entire 5-page filing, point your browser to http://catcreek-energy.com/download/494/ or right here …  Aug. 22, 2018 - Notice of Objections

Snippet from Notice of Objections:

NOTICE IS HEREBY GIVEN that S Bar Ranch, LLC (“S Bar Ranch”) has objections for the hearing on August 24, 2018 (the “Hearing”) and the proposed actions of the Board of County Commissioners (the “Board”) with respect to the Cat Creek Energy, LLC Project—Conditional Use Permit CUP-2015-04 (the “hydro project”) and First Amendment to the Development Agreement that is the subject of the hearing.

1) S BAR RANCH CONTINUES TO OBJECT TO THE CONFLICT OF INTEREST THAT THE BOARD HAS IN THIS MATTER, WHICH PREVENTS THE BOARD FROM BEING NEUTRAL

The Board of Commissioners of Elmore County has a significant and irreconcilable conflict of interest/bias in this matter.

Under I.C. § 67-6506, a conflict of interest exists when a county grants a conditional use permit for the benefit of the county. The rule barring conflicts of interest in zoning matters is codified in I.C. § 67-6506:

A member or employee of a governing board, commission, or joint commission shall not participate in any proceeding or action when the member or employee or his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. For purposes of this section the term “participation” means engaging in activities which constitute deliberations pursuant to the open meeting act. No member of a governing board or a planning and zoning commission with a conflict of interest shall participate in any aspect of the decision-making process concerning a matter involving the conflict of interest. A knowing violation of this section shall be a misdemeanor. I.C. § 67-6506 (emphasis added).

Idaho courts have interpreted the term “economic interest” broadly; any kind of direct or indirect pecuniary benefit qualifies. Martin v. Smith, No. 2008 WL 4727843 (Idaho Dist. Apr. 2, 2008)(order granting preliminary injunction). Idaho courts have also interpreted “participation”broadly, holding that it includes any action involved in the deliberation process. Manookian v.Blaine County, 735 P.2d 1008, 1012 (Idaho 1987) (“I.C. § 67-6506 prohibits a member…from participating even if he or she will not vote.”). A conflict of interest can also arise if the person participating in the proceeding is employed by an entity that is economically interested in the …

End of Snippet