A letter was sent to FERC, by U.S. Congressman Doug LaMalfa, to acting Chairman Cheryl LaFleur requesting a delay from FERC in issuing a new license for Oroville Dam.
Since the 2nd remaining FERC commissioner's term expired on June 30, 2017, FERC has only one commissioner active. Thus FERC cannot do any official "business" without two other members to form a quorum. The U.S. Senate is holding up nominees in general so I don't know what the timetable would be for getting more members appointed. The established rules are that 3 out of the 5 total members are limited to one party (republican/democrat) (majority party) while the other 2 must be from the other party.
Apparently, while FERC had a quorum -soon to be lost- on Feb 3, 2017, the Obama appointed commissioners issued an order delegating authority to staff in issuing hydropower licenses (dams) (see below). Thus, this "letter" by Congressman Doug LaMalfa likely seeks an intervention to this delegated authority to "staff" with regard to Oroville's re-licensing approval.
=== FERC rules:
https://www.everycrsreport.com/reports/R44767.html
FERC normally has five commissioners, with a quorum of three members required to be present to transact business. Under Section 401(e) of the Department of Energy Organization Act (P.L. 95-91), “... a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have one vote. Actions of the Commission shall be decided by a majority vote of the members present.”
The Commission generally has three members from the party of the incumbent President, and two from the minority party. However, Republican Commissioner Philip Moeller left FERC in October 2015, and fellow Republican Tony Clark left the Commission following the expiration of his term on June 30, 2016. President Obama did not nominate replacements for either Commissioners Moeller or Clark, meaning that FERC was operating with only three Democratic commissioners since September 2016. Commissioner Honorable’s current term expires on June 30, 2017, and Commissioner LaFleur’s term expires on June 30, 2019.
On February 3, 2017, anticipating that the lack of quorum will continue for an indefinite period, the Commission chose to issue an order (while it still had a quorum) delegating authority to staff for certain agency functions (e.g., certain actions related to rate filings, uncontested settlements, or uncontested requests for waivers on certain terms or conditions of filings). FERC stated that the order was issued to assure that the Commission’s regulatory obligations are carried out “in an effective and efficient manner consistent with the public interest.” This is not the first time the Commission has issued a delegation order following a loss of quorum. FERC took similar action to delegate authority to its staff to act in the absence of a quorum in 1993.
The absence of a quorum means that FERC will not be issuing orders on business matters requiring member votes such as electric utility mergers and acquisitions, new policies or rulemakings, or natural gas pipeline certificates. However, staff will continue to issue Environmental Impact Statements and Environmental Assessments for pipeline projects and hydropower licenses.
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LaMalfa seeks delay of new license for Oroville Dam
http://www.chicoer.com/article/NA/20170711/NEWS/170719954
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Washington, D.C. >> Congressman Doug LaMalfa doesn’t want a new license issued for Oroville Dam until some safety questions are answered and some commitments are made to local government.
LaMalfa, R-Richvale, sent a letter to Federal Energy Regulatory Commission acting Chairman Cheryl LaFleur requesting the delay.
He asks that FERC wait until the final forensic report on what caused the spillway to breakup in February is released, and FERC has time to analyze it and place detailed instructions on dam operations and maintenance, safety and structural improvements into the license.
“It is not my intent to impede progress with this request, but it is my duty to ensure the safety of the citizens in my district, LaMalfa’s letter reads. “I am certain you will agree that it would not be prudent to issue a new license until the causes of the incident are known and action is taken to ensure that such situations never occur again.”
He also wants the license to require “adequate annual compensation” for the services Butte County and Oroville governments provide for the dam. He also has asked for a review of the adequacy of recreational facilities, with requirements for needed upgrades and additions.
“I have always been a strong supporter of Oroville Dam’s relicensing effort,” LaMalfa said in a press release. “After waiting for many years to finalize the relicensing agreement, waiting a couple more months for the independent forensic report promised for September is a reasonable request.”
The state Department of Water Resources has operated the dam since it was built, but its original license expired in 2007. Since then, DWR has operated the project with temporary permits from FERC, which is responsible for licensing hydroelectric projects.
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Not sure I see the feds constitutional right to interfere here.
IMO, this is a CA state issue that the CA citizens need to tackle.