Final Environmental Impact Statement Volume I, Main Text and Appendices A-J

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1. INTRODUCTION 1.1 PURPOSE AND NEED FOR ACTION Pending before the Federal Energy Regulatory Commission (Commission) are two license applications for projects in south - central Nebraska. One is an application filed by Central Nebraska Public Power and Irrigation District (Central) for a new license for the Kingsley Dam Project (Federal Energy Regulatory Commission [FERC] No. 1417). The second application, filed by Nebraska Public Power District (NPPD), is for a new license for the North Platte /Keystone Diversion Dam Project (FERC No. 1835). The two projects are located near the confluence of the North and South Platte rivers, and they are jointly operated for irrigation and power production. 1.2 HISTORY OF THE PROCEEDINGS On June 21, 1984, Central and NPPD (the Districts) filed applications for new licenses for their respective projects. On December 7, 1984, the Director of the Office of Hydropower Licensing (Director) notified the licensees that their new license applications were deficient and gave them 90 days to correct the deficiencies. The licensees responded to the Director's letter on March 7, 1985, correcting some of the deficiencies and requesting an extension of time to submit the remaining information. The Commission granted the extension and established a new deadline of May 5, 1990. The Districts jointly filed the additional information on May 4, 1990, and on June 27, 1990, the Commission staff issued a notice of application acceptance. Pursuant to Section 15(a) of the Federal Power Act (FPA) 16 U.S.C. Section 808(a), the Commission is required to issue, from year to year, an annual license under the terms and conditions of the existing license, until a new license is issued or the project is otherwise disposed of in one of the ways set forth in Section 15. The licenses for Project Nos. 1417 and 1835 expired on June 16 and June 30, 1987, respectively. On June 23, 1987, the Commission issued annual licenses for Project Nos. 1417 and 1835, subject to the terms and conditions of the original licenses, as required by Section 15(a) of the FPA. On February 14, 1990, the Commission imposed interim resource protection and enhancement measures on NPPD's Project No. 1835. The Commission also found that it lacked reserved authority to amend Central's license unilaterally, but strongly encouraged Central's cooperation with NPPD in implementing those measures. The Commission later stayed the minimum flow requirements of NPPD's license because Central determined it could not cooperate with NPPD, and compliance was impossible absent Central's cooperation. Central then filed a license amendment request, and on July 16, 1991, the Commission amended Central's annual license to incorporate target instream flows and other resource protection measures. 1 -1