Lori Nielsen EDM International, Inc. 4001 Automation Way Fort Collins, CO 80525 (970) 204-4001 [email protected] Colorado Rural Electric Association

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

What is New…What is New…Environmentally and PoliticallyEnvironmentally and Politically

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


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


Federal Consultation Process – Section 7Federal Consultation Process – Section 7

http://www.epa.gov/fedrgstr/EPA-SPECIES/2009/May/Day-04/e10203.htm


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


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


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


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


Photo: CDOWPhoto: CDOW

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


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


http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/Birds/GunnisonConsPlan.htm

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



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


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


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


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


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


Gunnison’s Prairie Gunnison’s Prairie DogDog


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


http://wildlife.state.co.us/WildlifeSpecies/GunnisonsWhitetailPrairieDogConsStrategy.htmhttp://wildlife.state.co.us/WildlifeSpecies/GunnisonsWhitetailPrairieDogConsStrategy.htm

Photo: Lisa Lynch - NPSPhoto: Lisa Lynch - NPS

http://wildlife.state.co.us/WildlifeSpecies/GunnisonsWhitetailPrairieDogConsStrategy.htm

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


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 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)

Oil and Gas DevelopmentOil and Gas Development

Convenient PerchesConvenient Perches

Concentrated Prey BaseConcentrated Prey Base

Prairie Dog Colony

Infrastructure = Refuge for PreyInfrastructure = Refuge for Prey

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


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


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


In some cases existing APPs were found to be inadequate.

Oil and Gas Development & Electric Oil and Gas Development & Electric UtilitiesUtilities

PacifiCorpPacifiCorp


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


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


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

https://birdreport.fws.gov/

https://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

https://birdreport.fws.gov/

https://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

2009 EDM International, Inc. All Rights Reserved.

Thank You!

Photo: Kurt Halverson

Documents

Lori Nielsen EDM International, Inc. 4001 Automation Way Fort Collins, CO 80525 (970) 204-4001 [email protected] Colorado Rural Electric Association