Before the FERC Application for New License for the Annex Creek ...

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the channel. At that time, both ADEC and ADFG requested that AELP prepare an
operation plan describing how such releases would be avoided and send it to
them for review. To date, neither Hoffman nor ADFG have received such a plan.
Janet Hall (ADFG) noted that her agency was still interested in
receiving an operating plan to resolve the flow release situation.
Bill Corbus (AELP) gave the background history of the release which
involved a unique high water event and a valve test required by the FERC.
Provisions have been made to prevent this type of release from occurring
again. A plan will be forthcoming.
Nan Nalder (Beck) advised agencies that Sylvia Burges and David
Hoopes may be' contacting them by phone to obtain further information. The
results of the water right amendment negotiations will be factored into the
application text where appropriate. Official agency correspondence, including
review comments, should be sent to Bill Corbus (AELP).
Janet Hall (ADFG) asked if the NHFS and FWS had been apprised of
the water rights flow discussions being held between AELP/Beck, DNR and ADFG.
David Hoopes advised that both agencies were aware of the issue but
that neither had been invited to join the informal field trip planned with
ADFG for the following day.
Rick Reed (ADFG) asked how flow regime would be resolved since
Federal agencies have responsibilities under the Federal Power Act but have no
direct influence over water rights, which are a State responsibility. Reed
wondered whether or not Federal agencies would be consulted.
David Hoopes (Beck) informed Reed that AELP/Beck intends to continue
the established coordination with both Federal and State agencies to
arrive at a low flow regime that can be included in both the water right
amendment and the license application. Our goal is to negotiate the low flow
as part of the water right and append the final water right amendment to
Exhibit E of the application to the FERC.
Janet Hall (ADFG) asked if the City of Juneau's withdrawal of water
from the tailrace (about 20 cfs) was involved. Nalder replied that only
facilities involved in power generation fall under the licensing process.
Nan Nalder (Beck) closed with the statement that the agencies will
have the opportunity to review all the environmental exhibits but that they
may receive them as separate reports to facilitate review. She explained the
concurrence format that will be used for the letters of transmittal so that
agencies can respond with a minimum of effort.