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1 ]. 5 FERC 3 E2. :. v <br />UNITED STATES OF AMERICA <br />FEDERAL ENERGY REGULATORY COMMISSION <br />Central Nebraska Public Power and Inigarion District <br />P-1417-179 <br />ORDER APPROVING TEMPORARY VARIANCE TO <br />RESERVOIRS' NORMAL MAXIMUM SURFACE ELEVATIONS <br />(Issued May 02, 2006) <br />On April 5, 2006, and supplemented on April 18, 2006, Central Nebraska Public <br />Power and Itrigation Dis[rict (Cenhal), licensee for the Kingsley Dam Project, FERC <br />No.1417, filed a request for a temporary variance to the nonnal maximum surface <br />elevation at Jeffrey Reservoir and Johnson Lake of tiie Project The project is located on <br />the North Platte and Platte Rivers in Nebraska. <br />BACKGROUND <br />Pursuant to the Order Issuing New License, Central is required to maintain the <br />normal maximum surface elevations of 2,758A feet mean sea level (m.s.l.) and 2,619.0 <br />feet m.s.l. at Jeffrey Reservoir and Johnson Lake, respectively.1 According to Central <br />these elevarions do not represent the higher elevations routinely experienced at these <br />reservoirs (a) when inflows are increased in anticipation of high in•igation demand, (b) <br />with rainfall or icing conditions, and (c) during maintenance outages. <br />Central stated that the variance in the normal maximum smface elevations at the <br />two reservoirs would allow Centra( to operate as it has operated the reservoirs over the <br />yeai-s to provide recreational opportunities and enable Central to implement <br />environmental measures mandated for federally listed species and designated critical <br />habitats. According to Central the waiver wili also restore operating flexibility to assure <br />that hydropower and ircigation deliveries are not impacted. <br />VARIANCE REQUEST <br />Central is requesting a temporary waiver of the "normal maximum surface <br />elevation" limits under the license by changing them fi-om 2,758.0 to 2,760 feet m.s.l. for <br />Jeffrey Reservoir azid fi•om 2,619A to 2,620.0 ms.i. at Johnson Lake dm•ing summer <br />2006. A similar request for a waiver of noimal maximum water surface elevations was <br />granted for 2005 summer. <br />' 94 FERC ¶ 61,079, issued July 29, 1998. <br />Project No. P-1417-179 - 2 - <br />A license amendmeut to permanently increase the normal maximum surface <br />elevations to 2,760.0 feet m.s.l. and 2,621.0 feet m.s.l. at Jeffrey Reservoir and Johnson <br />Lake, respecrively, is pending before the Commission. <br />REVIEW <br />Along with its request for a temporary waiver filed on Apri15, 2006, Central <br />included a record of consultation with the U.S. Department of the Interior's Fish & <br />Wildlife Service (FWS). The FWS expressed its support for Central's temporary waiver <br />request. <br />The Nebraska Game & Parks Commission (NGPC) in a March 31, 2006 e-mail <br />informed Central that it has no objection to Central's request for a temporary waiver of <br />maximum surface elevations at Jeffrey Reservoir and Johnson Lake. However, NGPC <br />expressed its concem whether the changes will affect Central's ability to meet <br />environmental requirements for listed species. NGPC is also concemed about potentiai <br />increased fluctuations due to Hydrocycling from Johnson hydro that may affect habitats <br />supporting listed species ut central Platte River. <br />In a?etter dated Apiil 12, 2006, Central stated that the requested changes in the <br />maximum surface elevations facilitate, rather than adversely affect its ability to meet <br />environmental requirements for listed species. According to Central, the operations of <br />hydropower plants, including specifically cycling operarions of the turbines are not <br />affected by either the cuffent or requested maximum surface elevations. <br />According to Centzal the proposed maximum levels aze well below the levels that <br />would cause dam safety concerns, and would not cause flooding. Based on our review, <br />we conciude that Central's request for a temporazy waiver of the "normal maximum <br />surface elevation" limits under the license for Jeffrey Reservoir and Johnson Lake during <br />summer 2006 is jusrified 1nd is in the best interests of recreation, and implementation of <br />the Endangered Species mitigarion measures, and should be approved. <br />Approval of this request for temporary variance in no way prejudges any action <br />the Commission may take on the CentraPs pending amendment application to <br />permanently raise reservoir levels. <br />The Director orders: <br />(A) Central Nebraska Public Power and Irrigation DistricYs request for a <br />temporaiy variance of nor?nai maximum surface elevation limits from 2,758.0 feet m.s.l. <br />to 2,760 feet m.s.l. at Jefl}ey Reservoir and from 2,619.0 feet m.s.l. to 2,620 feet m.s.l. at <br />Johnson Lake during summer 2006 is approved.