Lori NielsenEDM International, Inc.4001 Automation WayFort Collins, CO 80525(970) [email protected]
Colorado Rural Electric AssociationColorado Rural Electric Association
2009 EDM International, Inc. All Rights Reserved.
Loss Control SeminarJuly 14-15, 2009
Photo: Southern Company
2009 Environmental Updates2009 Environmental Updates
Environmental Updates Environmental Updates
U.S. Fish and Wildlife Service PermitsU.S. Fish and Wildlife Service Permits
Historically: Historically: Special Purpose Miscellaneous PermitSpecial Purpose Miscellaneous Permit
Upcoming Options:Upcoming Options: Special Purpose Relocate Permit Special Purpose Relocate Permit (i.e., nest (i.e., nest
relocation)relocation) Special Purpose Utility PermitSpecial Purpose Utility Permit (i.e., TBD) (i.e., TBD)
Currently both under Currently both under Special Purpose Special Purpose MiscellaneousMiscellaneous
Stay tuned….Stay tuned….
Environmental IssueEnvironmental IssueEndangered Species Act (ESA)Endangered Species Act (ESA)
Photo: USGS
Environmental Updates Environmental Updates
Federal Consultation Process – Section 7Federal Consultation Process – Section 7
““Section 7” review under the ESA = federal nexusSection 7” review under the ESA = federal nexus Federal landsFederal lands Federal money (e.g., RUS loan)Federal money (e.g., RUS loan) Federal interconnection (e.g., Western Area Power Admin)Federal interconnection (e.g., Western Area Power Admin)
In the “old days”….(>30 years) Section 7 consultation In the “old days”….(>30 years) Section 7 consultation completed between USFWS and federal lead agency (e.g., completed between USFWS and federal lead agency (e.g., RUS, BLM, USFS)RUS, BLM, USFS)
December 16, 2008 - Bush administration modified Section 7December 16, 2008 - Bush administration modified Section 7 New regulations allowed federal agencies to determine own New regulations allowed federal agencies to determine own
project effectsproject effects March 2009: Obama directed Secretaries of Interior and March 2009: Obama directed Secretaries of Interior and
Commerce (Salazar and Locke) to review Section 7 reversalCommerce (Salazar and Locke) to review Section 7 reversal
2009 Omnibus Appropriations Act - Congress authorized 2009 Omnibus Appropriations Act - Congress authorized Secretaries to revoke regulationSecretaries to revoke regulation
Both Departments assessed whether improvements to ESA Both Departments assessed whether improvements to ESA process were warrantedprocess were warranted
May 4, 2009 – Final Rule: Section 7 interagency consultation May 4, 2009 – Final Rule: Section 7 interagency consultation was reinstatedwas reinstated
Federal Register Rule solicited public comments on ESAFederal Register Rule solicited public comments on ESA First time in history of ESA…First time in history of ESA… Comments due August 3, 2009Comments due August 3, 2009 EDM emails: June 2 – June 8EDM emails: June 2 – June 8 http://www.epa.gov/fedrgstr/EPA-SPECIES/2009/May/Day-04/e10203.htm http://edocket.access.gpo.gov/2009/pdf/E9-10203.pdf
Environmental Updates Environmental Updates
Federal Consultation Process – Section 7Federal Consultation Process – Section 7
Environmental Updates Environmental Updates
Polar Bear Special Rule to Remain in EffectPolar Bear Special Rule to Remain in Effect
Would Omnibus Bill rescind “Polar Would Omnibus Bill rescind “Polar Bear Special Rule” exempting global Bear Special Rule” exempting global warming from threats federal warming from threats federal government must consider w/ESA?government must consider w/ESA?
July 8 – DOI Secretary Salazar July 8 – DOI Secretary Salazar announced Special Rule would announced Special Rule would remainremain
Stated ESA not correct vehicle to Stated ESA not correct vehicle to regulate greenhouse gas emissionsregulate greenhouse gas emissions
Used example of power generation Used example of power generation in Colorado/New Mexicoin Colorado/New Mexico
Photo: Steve Hillebrand - USFWS
Environmental Updates Environmental Updates
Polar Bear Special Rule to Remain in EffectPolar Bear Special Rule to Remain in Effect
Legislative action stated as Legislative action stated as the preferred optionthe preferred option
H.R. 2998 - American Clean H.R. 2998 - American Clean Energy and Security Act Energy and Security Act (ACES)(ACES)
Waxman-Markey bill is the Waxman-Markey bill is the only legislation currently on only legislation currently on the tablethe table
Environmental Updates Environmental Updates
American PikaAmerican Pika
Mountain species (rabbit Mountain species (rabbit family)family)
May 6, 2009 – 90-Day Finding May 6, 2009 – 90-Day Finding = Full status review launched = Full status review launched by USFWSby USFWS
Response from “intent to sue”Response from “intent to sue” Declining due to climate Declining due to climate
change? change?
Finding initiates thorough Finding initiates thorough reviewreview
July 7, 2009 – comments July 7, 2009 – comments accepted for scientific accepted for scientific informationinformation
Status finding due February 1, Status finding due February 1, 20102010
June 2008 - USFWS June 2008 - USFWS delisted in WY; still federally delisted in WY; still federally threatened in COthreatened in CO
Reason: urban Reason: urban encroachment in COencroachment in CO
June 23, 2009 – five June 23, 2009 – five environmental orgs filed suit environmental orgs filed suit against USFWS to reinstate against USFWS to reinstate federal listing in WYfederal listing in WY
Preble’s Meadow Jumping MousePreble’s Meadow Jumping Mouse
Environmental Updates Environmental Updates
Federal Listing Decision - Federal Listing Decision - ReviewReview Dec 4, 2007: U.S. District Court Dec 4, 2007: U.S. District Court
ordered USFWS to re-consider ordered USFWS to re-consider federal listingfederal listing
Feb 27, 2008: USFWS re-initiated Feb 27, 2008: USFWS re-initiated federal reviewfederal review
Jun 27, 2008: Public comment Jun 27, 2008: Public comment period endedperiod ended
Dec 2008: USFWS decision Dec 2008: USFWS decision expectedexpected
Greater Sage-GrouseGreater Sage-Grouse
Photo: CDOWPhoto: CDOW
Environmental Updates Environmental Updates
Federal Listing Decision - Federal Listing Decision - UpdateUpdate USFWS: Insufficient dataUSFWS: Insufficient data May 2009: Delayed listing decisionMay 2009: Delayed listing decision February 2010: Expected decisionFebruary 2010: Expected decision If listing warranted – min.12 monthsIf listing warranted – min.12 months
States continuing work on States continuing work on Conservation Plans to avoid listingConservation Plans to avoid listing
Greater Sage-GrouseGreater Sage-Grouse
Environmental Updates Environmental Updates
Federal Listing Decision - Federal Listing Decision - UpdateUpdate Has been Candidate for federal listing, but Has been Candidate for federal listing, but
not warranted to datenot warranted to date March 2009 – USFWS reinitiated federal March 2009 – USFWS reinitiated federal
listing reviewlisting review Continued fallout over DOI – Julie Continued fallout over DOI – Julie
MacDonald Congressional reviewMacDonald Congressional review Colorado Rangewide PlanColorado Rangewide Plan
Gunnison Sage-GrouseGunnison Sage-Grouse
http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/Birds/GunnisonConsPlan.htmhttp://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/Birds/GunnisonConsPlan.htm
Environmental Updates Environmental Updates
San Miguel Basin Working Group – Conservation PlanSan Miguel Basin Working Group – Conservation Plan Population numbers continue to declinePopulation numbers continue to decline Draft Conservation PlanDraft Conservation Plan EDM compiled and submitted commentsEDM compiled and submitted comments Concerns with wordingConcerns with wording
““Undergrounding lines”Undergrounding lines” ““Use of perch discouragers along miles of line”Use of perch discouragers along miles of line”
Attended April 2009 meeting, as did SMPAAttended April 2009 meeting, as did SMPA Dialog re: types of lines, locations, issues, other constraintsDialog re: types of lines, locations, issues, other constraints Decision to review, revise, and rethinkDecision to review, revise, and rethink
Gunnison Sage-Grouse – Example Working Gunnison Sage-Grouse – Example Working GroupGroup
Environmental Updates Environmental Updates
Environmental Updates Environmental Updates
Wind EnergyWind Energy
Wyoming wind siting restrictions re: sage-grouse
Development of National – American Wind Wildlife Institute 7 environmental groups and 13 wind
companies
State Management PlanState Management Plan State Threatened: only 300 State Threatened: only 300
breeding birds in Coloradobreeding birds in Colorado Current plan developed 1992Current plan developed 1992 CDOW updatingCDOW updating First public comment period: First public comment period:
September 1, 2009September 1, 2009
Lesser Prairie-ChickenLesser Prairie-Chicken
Environmental Updates Environmental Updates
March 2009: decision to March 2009: decision to federally delist in ID, MT, WA, federally delist in ID, MT, WA, OR, UTOR, UT
Species still endangered in CO Species still endangered in CO and WYand WY
CDOW Draft Wolf CDOW Draft Wolf Management PlanManagement Plan
Documented two coming into Documented two coming into Colorado (maybe more)Colorado (maybe more)
Mountain cooperatives - Mountain cooperatives - minimal issuesminimal issues
Gray WolfGray Wolf
Environmental Updates Environmental Updates
February 25, 2009: Final Rule February 25, 2009: Final Rule critical habitat designationcritical habitat designation
Colorado excludedColorado excluded Southern Rocky Mountains – Southern Rocky Mountains –
uncertain whether sustaining uncertain whether sustaining population will become population will become establishedestablished
Colorado is not essential to Colorado is not essential to lynxlynx
Canada LynxCanada Lynx
Environmental Updates Environmental Updates
Federal Listing Decision – Federal Listing Decision – ReviewReview Lawsuit = USFWS reviewLawsuit = USFWS review December 2008: 90-Day FindingDecember 2008: 90-Day Finding February 2, 2009: comments dueFebruary 2, 2009: comments due
USFWS conducting review to USFWS conducting review to determine if federal listing is warranteddetermine if federal listing is warranted
December 2009: review results to be December 2009: review results to be releasedreleased
Black-Tailed Prairie Black-Tailed Prairie DogDog
Environmental Updates Environmental Updates
Federal Listing Decision - Federal Listing Decision - ReviewReview May 2008: USFWS reinitiated federal May 2008: USFWS reinitiated federal
listing reviewlisting review July 2008: comment period endedJuly 2008: comment period ended Initiated 12-month review for possible Initiated 12-month review for possible
listinglisting
June 1, 2010: review completion date June 1, 2010: review completion date to allow sufficient analysisto allow sufficient analysis
White-Tailed Prairie White-Tailed Prairie DogDog
Environmental Updates Environmental Updates
Gunnison’s Prairie Gunnison’s Prairie DogDog
Environmental Updates Environmental Updates
Federal Listing Decision – Federal Listing Decision – ReviewReview February 2008: 12-Month Finding February 2008: 12-Month Finding
IssuedIssued Result: mountain (montane) Result: mountain (montane)
populations are “warranted but populations are “warranted but precluded”precluded”
Prairie areas not warrantedPrairie areas not warranted
No listing pending at this timeNo listing pending at this time
Photo: Lisa Lynch - NPSPhoto: Lisa Lynch - NPS
Utilities AffectedUtilities Affected
Intermountain REAIntermountain REA Sangre de Cristo EASangre de Cristo EA San Luis Valley RECSan Luis Valley REC Gunnison County EAGunnison County EA Delta-Montrose EA Delta-Montrose EA
(edge)(edge) San Miguel Power San Miguel Power
(edge)(edge) Tri-State G&TTri-State G&T
Gunnison’s Prairie Gunnison’s Prairie DogDog
GunnisonGunnison South ParkSouth Park San Luis ValleySan Luis Valley SoutheastSoutheast
September 2008: Draft PlanSeptember 2008: Draft Plan January 2009: EDM submitted January 2009: EDM submitted
comments to CDOWcomments to CDOW July 10, 2009: revised final July 10, 2009: revised final
draft released for reviewdraft released for review August 10: comments dueAugust 10: comments due September 15: Final StrategySeptember 15: Final Strategy October 6: signatureOctober 6: signature Intent: minimize federal listingIntent: minimize federal listing
CDOW Gunnison's and CDOW Gunnison's and White-tailed Prairie Dog White-tailed Prairie Dog Conservation Conservation StrategyStrategy
Environmental Updates Environmental Updates
http://wildlife.state.co.us/WildlifeSpecies/GunnisonsWhitetailPrairieDogConsStrategy.htmhttp://wildlife.state.co.us/WildlifeSpecies/GunnisonsWhitetailPrairieDogConsStrategy.htm
Photo: Lisa Lynch - NPSPhoto: Lisa Lynch - NPS
Preliminary Draft Plan: measures for:Preliminary Draft Plan: measures for: Line designLine design Utility corridor placementUtility corridor placement Perch deterrent installationPerch deterrent installation Wind developmentWind development
Revised Draft Strategy: “The issue…for utility corridors was Revised Draft Strategy: “The issue…for utility corridors was removedremoved from the plan. We felt that since predation was not from the plan. We felt that since predation was not identified as an issue we did not need strategies to address it.”identified as an issue we did not need strategies to address it.”
Committed to continued communications with utilities - Committed to continued communications with utilities - renewablesrenewables
CDOW Gunnison's and White-tailed Prairie Dog CDOW Gunnison's and White-tailed Prairie Dog Conservation StrategyConservation Strategy
Environmental Updates Environmental Updates
http://wildlife.state.co.us/NR/rdonlyres/E49FAA5E-FACE-4513-9B1A-1C51573AB220/0/IssuesandStrategies_comments.xlshttp://wildlife.state.co.us/NR/rdonlyres/E49FAA5E-FACE-4513-9B1A-1C51573AB220/0/IssuesandStrategies_comments.xls
NEWNEW Statewide in mountains and Statewide in mountains and
lowlands; scarce or absent in lowlands; scarce or absent in most of southeastern Coloradomost of southeastern Colorado
July 1: USFWS 90-day findingJuly 1: USFWS 90-day finding Federal listing may be Federal listing may be
warrantedwarranted August 1: comments dueAugust 1: comments due June 2010: 12-month findingJune 2010: 12-month finding Utility Issues: minimalUtility Issues: minimal
Northern Leopard FrogNorthern Leopard Frog
Environmental Updates Environmental Updates
Environmental IssueEnvironmental IssueMigratory Bird Treaty Act (MBTA)Migratory Bird Treaty Act (MBTA)
Bald and Golden Eagle Protection Act (BGEPA)Bald and Golden Eagle Protection Act (BGEPA)
Both:Both:
Oil and gas Oil and gas companies with companies with Primary Meter Primary Meter Entrances (PMEs)Entrances (PMEs)
Utilities servicing Utilities servicing active oil/gas fieldsactive oil/gas fields
Oil and Gas Oil and Gas DevelopmentDevelopment
Environmental Updates Environmental Updates
2008 – Public Record - 2008 – Public Record - ReviewReview Yates Petroleum & XTO EnergyYates Petroleum & XTO Energy
Less than dozen bird fatalities, including Less than dozen bird fatalities, including golden eaglesgolden eagles
Total $30,000 fines/restitutionTotal $30,000 fines/restitution Avian Protection Plan (APP) Avian Protection Plan (APP)
developmentdevelopment Approaching or exceeding $1million Approaching or exceeding $1million
retrofitting linesretrofitting lines
Environmental Updates Environmental Updates
2009 – Federal Scrutiny2009 – Federal Scrutiny ~6 entities in northern Wyoming ~6 entities in northern Wyoming
(energy companies & utilities)(energy companies & utilities) ~4 Department of Justice is ~4 Department of Justice is
involvedinvolved 1991 to Date: >1,000 golden 1991 to Date: >1,000 golden
eagles in Wyomingeagles in Wyoming Expanding beyond the western Expanding beyond the western
U.S.U.S. Midwestern utilitiesMidwestern utilities East coast utilitiesEast coast utilities
Oil and Gas Development & Electric Utilities - Oil and Gas Development & Electric Utilities - NewNew
Environmental Updates Environmental Updates
In some cases existing APPs were found to be inadequate.
Oil and Gas Development & Electric Oil and Gas Development & Electric UtilitiesUtilities
PacifiCorpPacifiCorp
Environmental Updates Environmental Updates
Rocky Mountain Power - WyomingRocky Mountain Power - Wyoming Member of APLIC; historically proactiveMember of APLIC; historically proactive Has had APP for yearsHas had APP for years 2007 to Date - 2 ½ years2007 to Date - 2 ½ years Bird Fatalities – Wyoming only:Bird Fatalities – Wyoming only:
232 eagles232 eagles 46 hawks46 hawks 59 owls59 owls ~200 other bird species~200 other bird species
Photo: Dominic Domenici-USFWSPhoto: Dominic Domenici-USFWS
PacifiCorp – Rocky Mountain PowerPacifiCorp – Rocky Mountain Power
Environmental Updates Environmental Updates
Pleaded guilty to all 34 Pleaded guilty to all 34 countscounts
Violations of MBTAViolations of MBTA $510,000 fine$510,000 fine $900,000 restitution for $900,000 restitution for
conservation and researchconservation and research 5-year probation period5-year probation period $9.1 million in retrofits$9.1 million in retrofits
Total = $10.5 millionPhoto: Dominic Domenici-USFWSPhoto: Dominic Domenici-USFWS
Take Home MessageTake Home Message
Environmental Updates Environmental Updates
Special Agent Eicher:
“Kill-a-bird, fix-a-pole is not going to cut it.”
In other words: a reactive approach to bird fatalities on power lines will not be sufficient anymore.
Significant…But Now: More options Better tools Improved communication
Environmental UpdatesEnvironmental Updates
USFWS website for reporting USFWS website for reporting bird fatalities on systembird fatalities on system
Requests CO utilities set up an Requests CO utilities set up an accountaccount
System notifies applicable System notifies applicable USFWS agent automaticallyUSFWS agent automatically
Reporting is voluntaryReporting is voluntary
USFWS Notified Colorado UtilitiesUSFWS Notified Colorado Utilities
Bird Fatality Reporting – USFWS Web FormBird Fatality Reporting – USFWS Web Form
https://birdreport.fws.gov/https://birdreport.fws.gov/
Frequently asked questions:Frequently asked questions:https://birdreport.fws.gov/BirdReportFAQs.cfmhttps://birdreport.fws.gov/BirdReportFAQs.cfm
Environmental UpdatesEnvironmental Updates
Concern on self-reportingConcern on self-reporting FOIA requestsFOIA requests D.C. Position: FOIA exemptions to protect D.C. Position: FOIA exemptions to protect
confidentialityconfidentiality Trends over time show good-faith effortTrends over time show good-faith effort
East of Continental DivideEast of Continental Divide SA Dan Coil – DenverSA Dan Coil – Denver
West of Continental DivideWest of Continental Divide SA Kevin Ellis – Grand JunctionSA Kevin Ellis – Grand Junction SA Andrey Guidera – West SlopeSA Andrey Guidera – West Slope
USFWS Notified Colorado UtilitiesUSFWS Notified Colorado Utilities
Bird Fatality Reporting – USFWS Web FormBird Fatality Reporting – USFWS Web Formhttps://birdreport.fws.gov/https://birdreport.fws.gov/
Frequently asked questions:Frequently asked questions:https://birdreport.fws.gov/BirdReportFAQs.cfmhttps://birdreport.fws.gov/BirdReportFAQs.cfm
Colorado UtilitiesColorado Utilities
Avian Protection Plan Updates Avian Protection Plan Updates
Still ahead of the curveStill ahead of the curve Geoff Hier – CREA distributed Geoff Hier – CREA distributed
survey on APP usesurvey on APP use What is working and not working 12 of 22 cooperatives responded
Some co-ops updating APPs Must be a dynamic document
(particularly to solve problems) Many options
Tri-State completing APP
Not so much the $$ Intent, communications, willingness Proactive problem solving
12
3
4
5
6
ChangesChanges
Quarterly NewslettersQuarterly Newsletters
Regulatory changes and Regulatory changes and environmental information environmental information that may affect Colorado that may affect Colorado utilitiesutilities
Cancelled for nowCancelled for now
With economic conditions, we With economic conditions, we are focusing on daily/weekly are focusing on daily/weekly notices and assisting utilities.notices and assisting utilities.
BSI Update - 2009BSI Update - 2009
Bird Strike Bird Strike Indicator Indicator
North Dakota: Western, USFWS – Fall 2009North Dakota: Western, USFWS – Fall 2009Platte River: USFWS, Univ Nebraska, EPRIPlatte River: USFWS, Univ Nebraska, EPRI
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