Sample filing #1

UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
City of Tallahassee, Florida

)

Project No. 2891

CITY OF TALLAHASSEE, FLORIDA’S
APPLICATION FOR SURRENDER OF LICENSE
Pursuant to Section 6 of the Federal Power Act (“FPA”), 16 U.S.C. § 799 (2012),
and 18 C.F.R. § 6.1 (2016), the City of Tallahassee, Florida (“City”), licensee of the
Jackson Bluff Hydroelectric Project No. 2891 (“Project”), hereby applies to surrender its
license for the Project. As discussed herein, the City does not intend to seek a new
license when the current license expires.
Approval of this surrender would be consistent with the public interest and the
Federal Energy Regulatory Commission’s (“Commission”) policy that a licensee is free
to surrender its license and cease project operations. 1 The State of Florida owns the
Project dam and reservoir as part of a State recreation area and the Florida Department of
Environmental Protection (“FDEP”) will continue to manage them as such. The Project
powerhouse also is owned by the State and would remain in place; and the City intends to
secure and leave in place all the power generating and appurtenant equipment. Thus, the
license surrender will entail no site disturbances. Accordingly, this surrender application
should be approved.

1

Ariz. Pub. Serv. Co., 109 FERC ¶ 61,036 at P 39 (2004); Niagara Mohawk Power Corp., 98 FERC
¶ 61,227 at p. 61,903, reh’g denied, 100 FERC ¶ 61,185 (2002); Niagara Mohawk Power Corp., 83 FERC
¶ 61,226 at p. 62,007, reh’g denied, 85 FERC ¶ 61,420 (1998).

1

I.

COMMUNICATIONS
All inquiries and correspondence regarding this surrender application should be

sent to the persons listed below, and such persons should be placed on the official service
list to be established by the Commission’s Secretary in this proceeding:
Robert E. McGarrah
General Manager – Electric
City of Tallahassee
2602 Jackson Bluff Road
Tallahassee, FL 32304
Phone: 850-891-5534
E-mail: Rob.McGarrah@talgov.com
II.

Michael A. Swiger
Van Ness Feldman, LLP
1050 Thomas Jefferson Street, NW
Washington, D.C. 20007
Phone: 202-298-1891
Fax: 202-338-2416
E-mail: mas@vnf.com

BACKGROUND
The Project is located on the Ochlockonee River in Leon, Liberty, and Gadsden

Counties, Florida. The current license, issued in 1982, 2 expires on June 30, 2022.
The Project consists of: (1) a reservoir (Lake Talquin) with a storage capacity of
150,000 acre-feet and a surface area of 10,200 acres at normal power pool elevation of
68.5 feet mean sea level; (2) an earth embankment dam approximately 4,575 feet long
(including 1,800 feet of remote dike) with a maximum height of approximately 60 feet
above streambed (40 feet above floodplain); (3) a concrete ogee spillway approximately
825 feet long; 3 (4) a gated concrete spillway, approximately 196 feet long, with seven
motor-operated floodgates; (5) a powerhouse approximately 132 feet long and 33 feet
wide which consists of a brick superstructure and a reinforced concrete substructure, and
containing three turbine-generator units having a total installed capacity of 10,900 kW;
(6) appurtenant facilities; and (7) transmission facilities consisting of three 200 foot-long,

2

City of Tallahassee, Fla., 20 FERC ¶ 62,053 (1982); City of Tallahassee, Fla., 24 FERC ¶ 62,342
(1983) (conversion to run-of-river operation) (attached hereto as Appendix A).
3

The ogee spillway was constructed in 2009.

2

4.16-kV generator leads and two three-phase, 4.16/69-kV, 7.5 MVA step-up
transformers. The Project does not use or occupy any federal facilities or land.
The City operates the Project under a lease from the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida (“Trust Fund”), which owns the
dam, gated spillway, and powerhouse structure. The City owns the hydroelectric
generating equipment (including the turbine-generators, switchgear and controls, and
generator step-up transformers), an emergency diesel generator, and five of the seven
motorized spillway gate hoists. Prior to 2012, the City subleased the dam and
powerhouse from the Florida Department of Natural Resources (“DNR”) 4—however, in
2012 FDEP assigned its interest in the sublease to the Trust Fund to eliminate the role of
FDEP as an intermediary party. The lease expires automatically when the City ceases to
use the dam as a hydroelectric generating facility. FDEP will then be responsible, as the
State’s agent, for operating the dam and reservoir.
Prior to subleasing the dam and powerhouse to the City, DNR operated Lake
Talquin as part of the Lake Talquin State Recreation Area under a lease from the Trust
Fund and pursuant to a 1977 indenture from Florida Power Corporation. 5 FDEP
continues to manage the Lake Talquin State Recreation Area for the primary purpose of
public recreation. The sublease contains specific provisions for maintaining the lake
level within a limited fluctuation zone and for periodic drawdowns of the lake for the

4

In 1993, DNR and the Florida Department of Environmental Regulation merged to form the FDEP.

5

The deed specifies that the grant from Florida Power Corporation is conditioned on the lands conveyed
being used “for public park and recreational purposes and other public purposes related thereto.”

3

purpose of improving conditions for public recreation. Article 34 of the Project license
requires the City to operate the Project in an instantaneous run-of-river mode. 6
III.

REASON FOR SURRENDER
The City has determined that a combination of lower cost to the City of

competing renewable resources and the cost of obtaining a new license make it
uneconomical for the City to continue operating the Project. The Project license expires
on June 30, 2022. The City will not file a notice of intent to seek a new license by the
statutory deadline of June 30, 2017. 7 Nor does the City desire to continue operating the
Project while the Commission pursues other potential applicants for a new license. 8 It is
well established that the Commission will not entertain applications for preliminary
permit or license while the Commission is processing an existing licensee’s surrender
application. 9 Following the completion of this surrender process, the Project site will be
open for redevelopment and all structures and facilities for resumption of hydroelectric
generation will be in place should another entity decide to apply for a license in the
future. 10
IV.

PLAN OF SURRENDER
The City’s plans are to mothball the electric generating facilities and leave them

all in place. The City proposes to close the turbine gates with the operating mechanism
locked closed to prevent water flow from entering the turbine/generators. Releases to
6

See Appendix A.

7

16 U.S.C. § 808(b)(1).

8

18 C.F.R. § 16.26. It is the City’s understanding, based on discussions with Commission staff, that as
long as the City filed this application before June 30, 2017, the Commission would proceed with the
surrender and would not hold the application while it solicited other potential applicants.
9

City of Banning, Cal., 143 FERC ¶ 62,170 at P 6 (2013), reh’g denied, 148 FERC ¶ 61,199 (2014);
Fall River Valley Cmty. Serv. Dist., 142 FERC ¶ 62,042 at P 5, reh’g denied, 143 FERC ¶ 61,047 (2013).
10

Duke Energy Carolinas, LLC, 123 FERC ¶ 61,069 at P 58 (2008).

4

maintain lake levels or for fishery purposes would be through the existing spillway gates.
There would be no modifications to the existing dam, buildings, or structures. Thus,
there will be no environmental impacts to the site from the surrender. 11
Pursuant to the terms of the lease agreement between the City and the Trust Fund,
as explained above, the lease would be terminated and FDEP as agent for the State would
assume control of the dam and reservoir. The City will transfer all electrical generation
assets and appurtenant facilities owned by the City to the State of Florida.
V.

PUBLIC INTEREST CONSIDERATIONS
The Project dam will remain in place. The dam structure has been inspected

annually by the Commission’s Atlanta Regional Office (“ARO”). The most recent
inspection was February 1, 2017. In its February 22, 2017 inspection follow-up letter,
ARO stated that the Project is adequately maintained and properly operated. The letter
required remediation of some minor issues which the City has addressed or will address
in the next three months. The City’s Independent Consultant’s Fifth Part 12D Inspection
and Potential Failure Mode Analysis was completed in August 2014. The inspection and
analysis found that the Project is “suitable for continued safe and reliable operation,” and
has “no immediate structural needs that would cause a loss of pool or cause downstream
effect.” Other notable findings in the report included: the Project’s surveillance and
monitoring plan is adequate; the outside perimeter of the Project is in good condition;
11

Because the plan of surrender is mothballing of the plant and does not entail dam removal or any other
activity involving a discharge into navigable waters, no water quality certification from the State under
Section 401 of the Clean Water Act is needed for the Commission to approve the surrender. See 33 U.S.C.
§ 1341(a)(1) (2012); see also North Carolina v. FERC, 112 F.3d 1175 (D.C. Cir. 1997) (reduction in
discharge from a dam does not trigger the Section 401 certification requirement). Any changes in the
pattern of releases through the spillway gates as a result of shutdown of the turbines will be at the discretion
of FDEP as operator of the dam and will not require a federal license or other approval. Moreover, FDEP
is the State agency responsible for issuing Clean Water Act 401 certifications and, as operator of the dam,
will be in the best position to ensure that State water quality standards are met.

5

there are no issues with the structural integrity; and the instrumentation and monitoring
schedule for the Project are appropriate. Recommended remediation measures have been
completed and accepted by ARO. Appendix B is a letter from the City’s consultant,
Mead & Hunt, confirming that the overall Project hydraulic capacity in the event of the
Inflow Design Flood will not be affected by preventing discharges through the
powerhouse.
Following surrender, FDEP will be responsible for operating and maintaining the
dam in accordance with Florida’s dam safety laws and regulations. Florida’s Dam Safety
Office is part of FDEP and Florida’s State Dam Safety Officer is a member of the
Association of State Dam Safety Officials. 12
Lake Talquin is and will continue to be managed by FDEP as part of a State
recreation area. All existing recreation facilities are operated by FDEP, county agencies,
or commercial enterprises. The electrical generating facilities and equipment, while not
in use, will remain in place in the event another entity wishes to pursue a license to
operate them in the future. Environmental considerations are addressed in the following
section.
VI.

AGENCY CONSULTATION
On March 22, 2017, the City sent letters advising potentially interested federal,

state, and local agencies of the City’s plans to surrender the Project license. Copies of the
letters together with a list of the consulted agencies are contained in Appendix C. The
City received letters from the following agencies which are found in Appendix D: U.S.

12

See Florida Department of Environmental Protection, Dam Safety Program,
http://www.dep.state.fl.us/water/mines/damsafe.htm (last visited June 5, 2017).

6

Fish and Wildlife Service (“USFWS”), National Marine Fisheries Service (“NMFS”),
Florida Fish and Wildlife Conservation Commission (“FFWCC”), State of Florida Public
Service Commission (“PSC”), Florida State Historic Preservation Office (“SHPO”),
Northwest Florida Water Management District, 13 and Leon County. The PSC’s comment
letter noted that the Project is not considered firm generation by the City and accounts for
less than one percent of the City’s annual generation. 14 The SHPO concurred that the
surrender would have no effect on historic properties due to the fact that the plans would
not involve ground disturbance or modifications to the facility. 15
The USFWS comment letter identified four areas of concern: (1) maintenance of
minimum flows; (2) Endangered Species Act (“ESA”) listed species and associated
critical habitats; (3) diadromous fishes, fish passage, and freshwater mussels; and (4) dam
safety. 16 The NMFS comment letter similarly raised questions about fishes of interest to
NMFS below Lake Talquin including ESA listed species, and also expressed an interest
in future upstream passage of eels and shad past the Project dam. 17 The FFWCC
comment letter recommended a minimum downstream flow of at least 150 cubic feet per
second to benefit aquatic species. It also stated its willingness to provide technical
assistance to address potential fish loss from Lake Talquin from discharge through the
spillway gates, and identified a potential concern with fisherman access below the dam. 18
Both FFWCC and NMFS commented that providing releases through the spillway gates
13

The Northwest Florida Water Management District stated that it had no comments on the surrender
action.
14

See Appendix D (Letter from Braulio L. Baez to Triveni Singh (Apr. 5, 2017)).

15

Id. (Letter from Timothy A. Parsons to Triveni Singh (May 16, 2017)).

16

Id. (Letter from Dr. Sean Blomquist to Triveni Singh at 2-4 (Apr. 18, 2017) (“USFWS Letter”)).

17

Id. (Letter from Virginia M. Fay to Triveni Singh (Apr. 28, 2017)).

18

Id. (Letter from Jennifer D. Goff to Triveni Singh (Apr. 20, 2017)).

7

instead of the turbines, as will occur post-surrender, would eliminate any concern of
discharging low oxygenated water downstream. Finally, Leon County raised a number of
questions primarily related to dam safety. 19
Agency concerns regarding the impacts of continued operation of the dam and
reservoir on downstream aquatic species would be appropriately raised if another entity
seeks a future license for the Project, but are not pertinent to the City’s surrender
application. For example, USFWS asserts “the City would need to elaborate on how they
will maintain flows under future situations.” 20 As explained above, the City does not
own the Project dam and its right to operate the dam under its lease with the Trust Fund
will expire once the Commission’s surrender order becomes effective and the Project
ceases generation. FDEP will be responsible for operating the dam; and FFWCC, as a
sister State agency, should be well positioned to advise FDEP on measures for
downstream fishery protection such as minimum flows. Similarly, FFWCC will be able
to advise the FDEP on the fish escapement and fisherman access issues FFWCC raised in
its comment letter. As the Commission has explained:
When a project will no longer be licensed, the Commission’s jurisdiction
is going to end. The future operation of any remaining works is then the
responsibility of whoever next assumes regulatory authority. The
Commission does not believe that, at that point, it has the authority to
require the existing licensee to install new facilities, such as fish ladders.
Basically, the Commission issues a license for a particular period, subject
to certain conditions. The licensee may have an opportunity to obtain a
new license at the end of that term, subject to new conditions; but, if it
elects not to do s o, the Commission cannot go forward and require the
same future steps to be taken anyway, as part of the decommissioning
process. 21
19

Id. (Letter from Vincent S. Long to Robert E. McGarrah and Triveni Singh (Apr. 18, 2017)).

20

USFWS Letter at 2.

21

Project Decommissioning at Relicensing; Policy Statement, 60 Fed. Reg. 339, 346 (Jan. 4, 1995),
FERC Stats. & Regs., Regs. Preambles Jan. 1991-June 1996 ¶ 31,011 (1995) (footnote omitted).

8

In short, the dam and reservoir will be under the ownership and control of the State of
Florida and it will be up to the responsible State agencies, on advice from other State and
federal agencies, to put in place whatever measures they deem appropriate to protect the
environmental resources at Lake Talquin and in the river below the dam. 22
Regarding the concerns of USFWS and Leon County on dam safety issues, such
matters will be under the jurisdiction of FDEP’s Dam Safety Office and neither the City
nor the Commission will have further dam safety responsibilities.
VII.

CONCLUSION
Based on all of the considerations above, the City respectfully requests that the

Commission issue an order authorizing the City to surrender the license for Project No.
2891.
Respectfully submitted,

Michael A. Swiger
John H. Clements
Van Ness Feldman, LLP
1050 Thomas Jefferson Street, NW
Washington, D.C. 20007
Tel: (202) 298-1981
mas@vnf.com
jhc@vnf.com
Counsel for
The City of Tallahassee, Florida
Dated: June 5, 2017
22

Leon County in its comment letter also mentions development by the U.S. Environmental Protection
Agency and the FDEP of a Total Maximum Daily Load model for nutrients and dissolved oxygen in Lake
Talquin, and asks whether that model would be affected by a change in lake level management. The City
has not analyzed that question and does not believe it is relevant to the surrender, particularly because the
reservoir will continue to be managed as it has been for the primary purpose of public recreation by FDEP.

9

APPENDIX A

1 FERC - 75 FERC, Federal Energy Regulatory Commission, 20 FERC ¶62,053, City of Tallahassee, Florida, Project No. 2891-001, (Jul. 14, 1982).pdf

1 FERC - 75 FERC,  20 FERC ¶62,053, City of Tallahassee, Florida, Project
No. 2891-001, Federal Energy Regulatory Commission, (Jul. 14, 1982)
City of Tallahassee, Florida, Project No. 2891-001
[63,090]

[¶62,053]
City of Tallahassee, Florida, Project No. 2891-001
Order Issuing License (Major)

(Issued July 14, 1982)
Robert E. Cackowski, Acting Director, Office of Electric Power Regulation.
The City of Tallahassee has filed an application for a license under Part I of the Federal Power Act (Act) to
construct, operate, and maintain the Jackson Bluff Dam Project No. 2891. The project would be located on the
Ochlockonee River, a navigable waterway of the United States, in Leon, Liberty, and Gadsden Counties, Florida.
1

Notice of the application has been published and comments have been received from interested Federal, State,
and local agencies. No protests or petitions to intervene have been received, and none of the agencies objected
to issuance of the license.
The Applicant proposes to rehabilitate the existing Jackson Bluff Project and replace the existing saddle
dam. The proposed project would consist of an existing reservoir with a storage capacity of 150,000 acrefeet and a surface area of 10,200 acres at normal power pool elevation of 68.5 feet m.s.l.; an existing earth
embankment dam approximately 3,600 feet long with a maximum height of approximately 60 feet; and an
existing powerhouse which consists of a brick superstructure and a reinforced concrete substructure. The
powerhouse is approximately 132 feet long and 33 feet wide, and will contain generating units having a total
installed capacity of 10,900 kW; the existing transmission facilities which consist of the 200 foot long 6.9 kV
generator leads, and the three-phase 6.9/69-kV 12.0 MVA step-up transformer; and appurtenant facilities.
Fishing access facilities would be developed below the main dam.
A more detailed description is contained in Ordering Paragraph (B) below.
Jurisdiction
The West Florida Power Company, Tallahassee, Florida, filed Declaration of Intention No. 82 on February 12,
1925, to construct a dam on the Ochlockonee River near Midway, Florida. The U.S. Army Corps of Engineers
(Corps), in its review of the Declaration of Intention, stated that the river had been improved and had been used
for floating logs. The Corps determined that the part of the river affected by the project was a navigable water
2

of the United States. The Commission, therefore, took jurisdiction   from the mouth to river mile 109. The
Jackson Bluff Dam is located at river mile 66. For this reason, Section 23(b) of the Act requires that the project
be licensed.
Safety and Adequacy
The proposed installation of the generating units would not adversely affect the stability of the existing
powerhouse, earth dam, or waterworks. The structures would be safe and adequate if the proposed repairs and
construction work are performed in accordance with sound engineering practices.
The existing spillway capacity of 75,000 cfs is not adequate to pass the Probable Maximum Flood (PMF). The
Jackson Bluff dam is classified as high hazard; therefore, the spillway capacity should be increased to safely
pass the PMF pursuant to Commission Order No. 122 , dated January 21, 1981 [FERC Statutes and Regulations
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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 20 FERC ¶62,053, City of Tallahassee, Florida, Project No. 2891-001, (Jul. 14, 1982).pdf

¶30,225 ]. The Applicant has proposed to increase the spillway capacity to one-half the PMF (142,000 cfs) by
replacing the existing saddle dam with a fuse plug and by constructing an overpour section. Before a spillway
capacity of one-half the PMF is considered adequate, the Applicant must demonstrate by a detailed dam breach
analysis that overtopping and consequent failure of the earth dam during extreme floods would not cause
extensive property damage or endanger life. Article 33, therefore, requires the Licensee to determine flood
damage potential under conditions up to the PMF and to submit its recommendations for modifying the project
structures if failure would cause loss of life or extensive property damage.
In accordance with standard Commission practice, this license includes conditions that require the appraisal of
the effects of failure of the Jackson Bluff Dam and any modifications, if necessary, to assure a safe project, and
to protect the public in its use of project lands and waters.
Environmental Considerations
A. Fish and Wildlife Resources
[63,091]
Reservoir Drawdown
The Florida Game and Fresh Water Fish Commission (State) recommended that the Applicant’s proposed
periodic drawdown of the reservoir, once every 5 to 8 years, be initiated earlier than November 1, and
emphasized that the frequency of drawdown would be dictated by future environmental and fishery conditions,
as determined by the State. The State’s recommended schedule would require that the drawdown begin 2
weeks before November 1, and that the reservoir water level be reduced 5 feet by November 1. The remaining
schedule would proceed as proposed by the Applicant as follows: the water level would be maintained at
elevation 54.5 feet msl for three months, refilling would begin on February 8, and be completed in two phases
by March 25. During refilling, the water level would be raised no faster than 1 foot per week. This schedule
of drawdown and refill would have the least detrimental effect on the downstream fishery and on recreational
interests on the reservoir. The purpose of the reservoir drawdown would be to reduce growth of undesirable
aquatic plants, thus improving the sport fishery in the reservoir. Because of the lack of agreement concerning
the time for initiating the drawdown, the Applicant is being required by Article 37 to cooperate with the state and
U.S. Fish and Wildlife Service (FWS) to establish a mutually satisfactory schedule for the drawdowns during
operation. Consultation would result in a drawdown schedule, including the month and day, but not year, of the
commencement date, for any drawdown occurring during operation. Operation drawdowns would occur when the
State believes they are needed for fishery management purposes, every five to eight years. Article 37 requires
the Applicant to file with the Commission the drawdown schedule for these operational drawdowns 90 days prior
to the construction drawdown.
The State also raised concerns about the consequences of a summer reservoir drawdown required during the
construction phase as currently planned. A summer drawdown could adversely impact the reservoir fishery as
well as the downstream striped bass fishery. Staff believes that every effort should be made to schedule the
reservoir drawdown during the fall. If this cannot be accomplished, the Applicant should consult with the State to
determine methods for drawing down the reservoir in a manner that has least impacts on fishery and recreational
resources. Article 37, therefore, requires the Licensee to consult with the appropriate agencies to develop a
schedule to draw down the project reservoir during project construction, and file the proposed schedule with the
Commission 90 days prior to the construction drawdown.
Flow Releases
The FWS recommended a minimum flow of 325 cfs or the inflow, whichever is less; the National Marine
Fisheries Service (NMFS) recommended a minimum flow of 400 cfs or the inflow, whichever is less, between
October and March, and a flow of 1,188 cfs between April and September; and, the State recommended a
minimum flow of 150 cfs or the inflow, whichever is less. The State indicated that a flow of 50 cfs during the
summer, as proposed by the Applicant, would allow the water temperature to exceed the tolerance of striped
bass. The lowest flow since 1971, 79 cfs, occurred in 1980. It is likely that summer flows in 1981 were even less
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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 20 FERC ¶62,053, City of Tallahassee, Florida, Project No. 2891-001, (Jul. 14, 1982).pdf

than 1980 flows due to the severe drought. Mortality of striped bass occurred in 1980 and 1981; and in 1981,
the mortality was attributed to high temperatures. In addition, low levels of dissolved oxygen which also occurred
during low-flow periods, added another stress factor to the striped bass.
Applicant has stated that maintenance of the water level of Lake Talquin within the required 2-foot range would
not be possible, given the proposed generating schedule, if a minimum flow as high as 300 cfs, or inflow,
whichever is less, is released between non-peak generating periods. Also, if the water level of the lake is
reduced more than 2 feet below mean water elevation, recreational, visual, and biological resources of Lake
Talquin would be adversely affected. The 2-foot limit on reservoir fluctuations and the release of a minimum flow
of 300 cfs could be achieved, however, by reducing the amount of water used for generation during low flow
periods.
The 50 cfs minimum flow proposed by the Applicant would not adequately protect the existing fishery resources.
A fairly stable water level in Lake Talquin, however, is also necessary to maintain recreational, visual and
biological values of the project area. Staff believes that these issues require further study to identify a minimum
flow that would not jeopardize the downstream fishery, or not cause the 2-foot drawdown limit to be exceeded.
Staff concludes that an interim minimum flow of 150 cfs, as required by Article 34, should be released and that
a study be conducted to determine a long-term minimum flow release from the project. Article 35 requires the
Licensee to conduct studies to determine the minimum flow necessary to protect downstream fishery resources
as well as
[63,092]
to protect the recreational and commercial interests of Lake Talquin.
Interior has expressed concern about minimizing downstream flow fluctuations, particularly during low flow
periods. Interior states that flow fluctuation would probably negatively affect a considerable amount of fish
nursery habitat below the dam, and could disrupt feeding and rearing habitat, increase food requirements, and
generally produce stress that reduces the growth, health, and survival of aquatic fauna. Interior recommended
a condition requiring that fluctuations in flow rates and surface elevations as a result of power generating
operations be monitored and kept at a minimum. Centrachid spawning in the spring would not be greatly affected
by project operation because of normally high flows occurring at this time of year. Spawning and rearing habitat,
however, may be adversely affected later in the summer when flows are normally lowest and the effects of
peaking operation would be greatest. Article 36, therefore, requires the Licensee to give consideration to a flow
that would prevent adverse impacts to the downstream feeding and rearing habitat of resident fish species.
The State recommended that flows in addition to the high flows occurring during peak power generation be
provided from the spillway in order to allow full utilization of the striped bass fishery. Flows released from the
spillway allow the downstream passage of forage fish, which creates better feeding conditions for striped bass.
The optimum range of flows from the spillway would be about 550 cfs to 2,100 cfs. Applicant stated that the
proposed schedule of operation would result in the release of optimum flows for striped bass about 14 percent of
the time, which represents an increase in the frequency of such releases at present.
Staff believes that the peaking operation alone could account for the increased frequency of release of optimum
flows for striped bass. Flows released during operation of the project generally would not have the added benefit
of providing food for the striped bass which is a critical factor in determining the value of the flows. Flows in
excess of project capacity (4,500 cfs) could be more beneficial if they were released in a controlled fashion so
that flow through the spillway would not exceed 2,100 cfs. Every effort should be made by the Applicant to utilize
flow forecasts and to begin releasing flows as early as feasible when flows in excess of project capacity are
expected. Article 36, therefore, requires the Licensee, to the extent possible, to release flows in excess of project
capacity in a gradual manner so that spillway flows do not exceed 2,100 cfs for the protection and enhancement
of the striped bass fishery.
B. Water Quality

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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 20 FERC ¶62,053, City of Tallahassee, Florida, Project No. 2891-001, (Jul. 14, 1982).pdf

The Florida Department of Environmental Regulation stated by letter dated September 3, 1981, that a water
quality certificate would not be required for operation of the project.
C. Threatened or Endangered Species
Operation of the project is not expected to jeopardize the continued existence or critical habitat of the red
cockaded woodpecker or gray bat, both Federally-listed endangered species, that may occur in the vicinity of the
project. No other endangered or threatened species are known to occur in the project vicinity.
D. Historic and Archeological Resources
The Florida State Historic Preservation Officer (SHPO) stated by letter of April 7, 1980, that the project would not
3

adversely affect any archeological or historic sites. In accordance with standard Commission practice,   Article
38 of this license also requires cultural resource protection measures in the event of any future construction or
development at the project, other than the original project development considered and authorized here.
E. Recreational Resources
The State has requested the opportunity to review the Applicant’s plans to construct a catwalk below the
powerhouse for fisherman access. The Applicant’s recreational report provides for such State participation.
The Report on Recreational Resources, Exhibit E, Part 5, generally complies with the Commission’s regulations
and is approved herein.
EIS Determination
On the basis of the record, including agency comments and the staff’s independent analysis, it is found that
issuance of a license for this project, as conditioned, is not a major Federal action significantly affecting the
quality of the human environment.
Comprehensive Development
The proposed Jackson Bluff Project would operate primarily as a peaking station utilizing the reservoir
storage on a daily basis. The proposed new generating units would make good use of the flow and fall of the
Ochlockonee River. Applicant has no plans for further development of the project. The project would
[63,093]
have an estimated average annual generation of 27,771 MWh, and would utilize a renewable resource that
would save the equivalent of approximately 45,590 barrels of oil or 13,457 tons of coal per year.
It is concluded that, subject to the terms and conditions of this license, Project No. 2891 is best adapted to
a comprehensive plan for development of the Ochlockonee River Basin for beneficial public uses and that
issuance of this license is in the public interest.
License Term
This license is issued for a term of 40 years. The proposed construction of this project, using an existing dam,
is similar to the relicensing of a project for which a moderate amount of redevelopment or new construction is
4

proposed.  
It is ordered that:
(A) This license is issued to the City of Tallahassee (Licensee), of Tallahassee, Florida, under Part I of the
Federal Power Act (Act), for a period of 40 years, effective the first day of the month in which this order is issued,
for the construction, operation, and maintenance of the Jackson Bluff Dam Project No. 2891, located in Leon,
Liberty, and Gadsden Counties, Florida, on the Ochlockonee River, a navigable water of the United States.
This license is subject to the terms and conditions of the Act, which is incorporated by reference as part of this
license, and subject to the regulations the Commission issues under the provisions of the Act.
(B) The Jackson Bluff Dam Project No. 2891 consists of:

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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 20 FERC ¶62,053, City of Tallahassee, Florida, Project No. 2891-001, (Jul. 14, 1982).pdf

(1) All lands, to the extent of the Licensee’s interests in those lands, constituting the project area and enclosed
by the project boundary. The project area and boundary are shown and described by certain exhibits that form
part of the application for license and that are designated and described as:
Exhibit FERC No. 2891-

Showing

G-1

5 Project Boundary

G-2

6 Project Boundary

G-3

7 Project Boundary

G-4

8 Project Boundary

(2) Project works consisting of:
(1) a reservoir with a storage capacity of 150,000 acre-feet and a surface area of 10,200 acres at normal
power pool elevation of 68.5 feet m.s.1.; (2) an earth embankment dam approximately 3,600 feet long with a
maximum height of approximately 60 feet; (3) a powerhouse which consists of a brick superstructure and a
reinforced concrete substructure. The powerhouse is approximately 132 feet long and 33 feet wide, and will
contain generating units having a total installed capacity of 10,900 kW; (4) transmission facilities which consist
of the existing 200 feet long 6.9-kV generator leads, and the existing three-phase 6.9/69 kV 12.0 MVA step-up
transformer; and (5) appurtenant facilities.
The location, nature, and character of these project works are generally shown and described by the exhibits
cited above and more specifically shown and described by certain other exhibits that also form a part of the
application for license and that are designated and described as:
Exhibit FERC No. 2891F-1

Showing

1 Location Plan, Plan & Sections of
Main Dam & Plan of Saddle Dam

F-2

2 Plans & Elevation of Spillway &
Powerhouse

F-3

3 Powerhouse Plan & Section

F-4

4 Plan of Dam with New Emergency
Spillway, Fuse Plug & Overpour
Sections, Spillway Cross Section &
Rating Curve

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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 20 FERC ¶62,053, City of Tallahassee, Florida, Project No. 2891-001, (Jul. 14, 1982).pdf

(3) All of the structures, fixtures, equipment, or facilities used or useful in the operation or maintenance of the
project and located within the project boundary, all portable property that may be employed in connection with
the project, located within or outside the project boundary, as approved by the Commission, and all riparian or
other rights that are necessary or appropriate in the operation or maintenance of the project.
(C) Exhibits F and G, designated in Ordering Paragraph (B) above, are approved and made a part of the license,
only to the extent that they show the general location, description, and nature of the project works.
(D) Exhibit E, Part 5 Report on Recreational Resources, consisting of 21 pages of text and one drawing, FERC
No. 2891-9 is approved and made a part of the license.
(E) Exhibit E, Report of Fish, Wildlife and Botanical Resources, Part 4(b) (3), pages
[63,094]
24-26, with the exception of the date for initiating the periodic reservoir drawdown, is approved and made a part
of the license.
(F) This license is also subject to the terms and conditions set forth on Form L-4 (revised October, 1975), entitled
"Terms and Conditions of License for Unconstructed Major Project Affecting Navigable Waters of the United
States," attached to (reported at 54 FPC 1824) and made a part of this license. The License is also subject to the
following additional articles:
Article 29. The Licensee shall within 90 days of completion of construction, file in accordance with the
Commission’s Rules and Regulations revised Exhibit F drawings showing the project as-built.
Article 30. The Licensee shall file with the Commission’s Regional Engineer and the Director, Office of
Electric Power Regulation, one copy each of the contract drawings and specifications 60 days prior to start
of construction. The Director, Office of Electric Power Regulation may require changes in the plans and
specifications to assure a safe and adequate project.
Article 31. The Licensee shall commence construction of the proposed project within two years and shall
complete construction within 4 years from the effective date of the license.
Article 32. The Licensee shall review and approve the design and construction procedures for contractordesigned cofferdams and deep excavations prior to the start of construction. The Licensee shall file with the
Commission’s Regional Engineer and Director, Office of Electric Power Regulation, one copy of the approved
construction drawings and specifications, and a copy of the letter of approval.
Article 33. The Licensee shall, prior to start of construction, file with the Director, Office of Electric Power
Regulation, a study which evaluates the consequences on life and property due to a failure of the Jackson Bluff
Dam under flood conditions up to the probable maximum flood (PMF). In the event that failure of the dam during
flood flows would constitute a hazard to human life or would cause extensive property damage, the Licensee
shall file concurrently with the study its recommendations for modifying the project structures to ensure that a
failure during flood flows would not create a significant hazard to downstream life and property. Construction of
the project shall not commence until the Director, Office of Electric Power Regulation, approves the study and
any necessary modifications.
Article 34. The Licensee shall discharge an interim continuous minimum flow of 150 cubic feet per second or the
inflow to the reservoir, whichever is less, for the purpose of protecting fish and wildlife resources. These flows
may be temporarily modified if required by operating emergencies beyond the control of the Licensee, for the
minimum flow study required by Article 35, and for short periods for fishery management purposes upon mutual
agreement between the Licensee and the Florida Game and Fresh Water Fish Commission.
Article 35. The Licensee shall consult and cooperate with the Florida Game and Fresh Water Fish Commission,
the National Marine Fisheries Service and the U.S. Fish and Wildlife Service in conducting studies to determine
the minimum flow releases needed at the Jackson Bluff Project to ensure protection and enhancement of fishery,
wildlife, and recreational resources. Consideration should be given to identifying a flow that would prevent the
occurrence of high temperature and low levels of dissolved oxygen which would cause mortality of striped
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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 20 FERC ¶62,053, City of Tallahassee, Florida, Project No. 2891-001, (Jul. 14, 1982).pdf

bass, and that would prevent adverse impacts to the downstream spawning and rearing habitat of resident
fish species. Consideration should also be given to modifying project operations, if necessary, to provide the
release of the minimum flow and simultaneously maintain the reservoir water level within the 2-foot fluctuation
zone as defined in the sublease agreement between the Florida Department of Natural Resources and the
Licensee. Further, the Licensee shall, within 2 years from the date of issuance of this license, file a report of its
findings, evidence of consultation with the above agencies, and, for Commission approval, recommendations for
a minimum flow release from the project.
Article 36. For the protection and enhancement of the striped bass fishery, the Licensee shall, to the extent
possible, gradually release flows in excess of the projects powerplant capacity so that flows released from the
spillway are between 550 cfs and 2,100 cfs.
Article 37. The Licensee, in cooperation with the Florida Game and Fresh Water Fish Commission and the U.S.
Fish and Wildlife Service, shall (1) develop a schedule of drawdown for Lake Talquin to be implemented during
project construction to minimize impacts on fishery and recreational resources, and (2) establish a mutually
satisfactory schedule, including the month and day of the commencement date, for the periodic drawdown of
Lake Talquin to be implemented
[63,095]
at intervals of five to eight years during project operation for fishery management purposes. Further, the
Licensee shall file with the Commission, 90 days prior to the construction drawdown, the information required in
(1) and (2), and evidence of consultation with the above agencies.
Article 38. The Licensee shall, prior to commencement of any construction at the project, consult with the Florida
State Historic Preservation Officer (SHPO) about the need for any cultural resource survey and salvage work.
The Licensee shall make available funds in a reasonable amount for any such work as required. If any previously
unrecorded archeological or historical sites are discovered during the course of construction or development of
any project works or other facilities at the project, construction activity in the vicinity shall be halted, a qualified
archeologist shall be consulted to determine the significance of the sites, and the Licensee shall consult with the
SHPO to develop a mitigation plan for the protection of significant archeological or historical resources. If the
Licensee and the SHPO cannot agree on the amount of money to be expended on archeological or historical
work related to the project, the Commission reserves the right to require the Licensee to conduct, at its own
expense, any such work found necessary.
Article 39. The Licensee shall pay the United States the following annual charges, effective the first day of the
month in which this license is issued:
For the purpose of reimbursing the United States for the cost of administration of Part I of the Act, a reasonable
amount as determined in accordance with the provisions of the Commission’s regulations in effect from time to
time. The authorized installed capacity for that purpose is 14,500 horsepower.
Article 40. (a) In accordance with the provisions of this article, the Licensee shall have the authority to grant
permission for certain types of use and occupancy of project lands and waters and to convey certain interests
in project lands and waters for certain other types of use and occupancy, without prior Commission approval.
The Licensee may exercise the authority only if the proposed use and occupancy is consistent with the
purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project.
For those purposes, the Licensee shall also have continuing responsibility to supervise and control the uses
and occupancies for which it grants permission, and to monitor the use of, and ensure compliance with the
covenants of the instrument of conveyance for, any interests that it has conveyed under this article. If a permitted
use and occupancy violates any condition of this article or any other condition imposed by the Licensee
for protection and enhancement of the project’s scenic, recreational, or other environmental values, or if a
covenant of a conveyance made under the authority of this article is violated, the Licensee shall take any lawful
action necessary to correct the violation. For a permitted use or occupancy, that action includes, if necessary,
cancelling the permission to use and occupy the project lands and waters, and requiring the removal of any noncomplying structures and facilities.
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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 20 FERC ¶62,053, City of Tallahassee, Florida, Project No. 2891-001, (Jul. 14, 1982).pdf

(b) The types of use and occupancy of project lands and waters for which the Licensee may grant permission
without prior Commission approval are: (1) landscape plantings; (2) non-commercial piers, landings, boat docks,
or similar structures and facilities; and (3) embankments, bulkheads, retaining walls, or similar structures for
erosion control to protect the existing shoreline. To the extent feasible and desirable to protect and enhance
the project’s scenic, recreational, and other environmental values, the Licensee shall require multiple use and
occupancy of facilities for access to project lands or waters. The Licensee shall also ensure, to the satisfaction
of the Commission’s authorized representative, that the uses and occupancies for which it grants permission are
maintained in good repair and comply with applicable State and local health and safety requirements. Before
granting permission for construction of bulkheads or retaining walls, the Licensee shall: (1) inspect the site of the
proposed construction, (2) consider whether the planting of vegetation or the use of riprap would be adequate to
control erosion at the site, and (3) determine that the proposed construction is needed and would not change the
basic contour of the reservoir shoreline. To implement this paragraph (b), the Licensee may, among other things,
establish a program for issuing permits for the specified types of use and occupancy of project lands and waters,
which may be subject to the payment of a reasonable fee to cover the Licensee’s costs of administering the
permit program. The Commission reserves the right to require the Licensee to file a description of its standards,
guidelines, and procedures for implementing this paragraph (b) and to require modification of those standards,
guidelines, or procedures.
(c) The Licensee may convey easements or rights-of-way across, or leases of, project lands for: (1) replacement,
expansion, realignment, or maintenance of bridges and roads for which all necessary State and Federal
approvals have
[63,096]
been obtained; (2) storm drains and water mains; (3) sewers that do not discharge into project waters; (4)
minor access roads; (5) telephone, gas, and electric utility distribution lines; (6) non-project overhead electric
transmission lines that do not require erection of support structures within the project boundary; (7) submarine,
overhead, or underground major telephone distribution cables or major electric distribution lines (69-kV or
less); and (8) water intake or pumping facilities that do not extract more than one million gallons per day from
a project reservoir. No later than January 31 of each year, the Licensee shall file three copies of a report briefly
describing for each conveyance made under this paragraph (c) during the prior calendar year, the type of interest
conveyed, the location of the lands subject to the conveyance, and the nature of the use for which the interest
was conveyed.
(d) The Licensee may convey fee title to, easements or rights-of-way across, or leases of project lands for: (1)
construction of new bridges or roads for which all necessary State and Federal approvals have been obtained;
(2) sewer or effluent lines that discharge into project waters, for which all necessary Federal and State water
quality certificates or permits have been obtained; (3) other pipelines that cross project lands or waters but do not
discharge into project waters; (4) non-project overhead electric transmission lines that require erection of support
structures within the project boundary, for which all necessary Federal and State approvals have been obtained;
(5) private or public marinas that can accommodate no more that 10 watercraft at a time and are located at least
one-half mile from any other private or public marina; (6) recreational development consistent with an approved
Exhibit R or approved report on recreational resources of an Exhibit E; and (7) other uses, if: (i) the amount of
land conveyed for a particular use is five acres or less; (ii) all of the land conveyed is located at least 75 feet,
measured horizontally, from the edge of the project reservoir at normal maximum surface elevation; and (iii) no
more than 50 total acres of project lands for each project development are conveyed under this clause (d)(7)
in any calendar year. At least 45 days before conveying any interest in project lands under this paragraph (d),
the Licensee must file a letter to the Director, Office of Electric Power Regulation, stating its intent to convey the
interest and briefly describing the type of interest and location of the lands to be conveyed (a marked Exhibit
G or K map may be used), the nature of the proposed use, the identity of any Federal or State agency official
consulted, and any Federal or State approvals required for the proposed use. Unless the Director, within 45 days
from the filing date, requires the Licensee to file an application for prior approval, the Licensee may convey the
intended interest at the end of that period.
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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 20 FERC ¶62,053, City of Tallahassee, Florida, Project No. 2891-001, (Jul. 14, 1982).pdf

(e) The following additional conditions apply to any intended conveyance under paragraphs (c) or (d) of this
article:
(1) Before conveying the interest, the Licensee shall consult with Federal and State fish and wildlife or recreation
agencies, as appropriate, and the State Historic Preservation Officer.
(2) Before conveying the interest, the Licensee shall determine that the proposed use of the lands to be
conveyed is not inconsistent with any approved Exhibit R or approved report on recreational resources of an
Exhibit E; or, if the project does not have an approved Exhibit R or approved report on recreational resources,
that the lands to be conveyed do not have recreational value.
(3) The instrument of conveyance must include covenants running with the land adequate to ensure that: (i)
the use of the lands conveyed shall not endanger health, create a nuisance, or otherwise be incompatible with
overall project recreational use; and (ii) the grantee shall take all reasonable precautions to ensure that the
construction, operation, and maintenance of structures or facilities on the conveyed lands will occur in a manner
that will protect the scenic, recreational, and environmental values of the project.
(4) The Commission reserves the right to require the Licensee to take reasonable remedial action to correct any
violation of the terms and conditions of this article, for the protection and enhancement of the project’s scenic,
recreational, and other environmental values.
(f) The conveyance of an interest in project lands under this article does not in itself change the project
boundaries. The project boundaries may be changed to exclude land conveyed under this article only upon
approval of revised Exhibit G or K drawings (project boundary maps) reflecting exclusion of that land. Lands
conveyed under this article will be excluded from the project only upon a determination that the lands are
not necessary for project purposes, such as operation and maintenance, flowage, recreation, public access,
protection of environmental resources, and shoreline control, including shoreline aesthetic values. Absent
extraordinary circumstances, proposals to exclude lands conveyed under this article from the project shall be
consolidated for consideration when
[63,097]
revised Exhibit G or K drawings would be filed for approval for other purposes.
(G) This order is final unless a petition appealing it to the Commission is filed within 30 days from the date of its
issuance, as provided in §1.7(d) of the Commission’s regulations, 18 C.F.R. 1.7 (d) (1981). The filing of a petition
appealing this order to the Commission or an application for rehearing as provided in Section 313(a) of the Act
does not operate as a stay of the effective date of this permit or of any other date specified in this order, except
as specifically ordered by the Commission. The Licensee’s failure to file a petition appealing this order to the
Commission shall constitute acceptance of this license. In acknowledgement of acceptance of this license and its
terms and conditions, it shall be signed by the Licensee and returned to the Commission within 60 days from the
date of this order.

-- Footnotes -1

Authority to act on this matter is delegated to the Director, Office of Electric Power Regulation, under 18 C.F.R.
§375.308 (1981), as amended by 46 Fed. Reg. 14119 (1981).

2

6 F.P.C Ann. Rep. 67 (1926).

3

See S.D. Warren, Project No. 2897, Order Denying Rehearing 10 FERC §61,153 (1980).

4

See The Montana Power Company, Project No. 2301, Order Issuing New License (Major) 56 FPC 2008 (1976).

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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 24 FERC ¶62,342, City of Tallahassee, Florida, Project No. 2891, (Sept. 22, 1983).pdf

1 FERC - 75 FERC,  24 FERC ¶62,342, City of Tallahassee, Florida, Project
No. 2891, Federal Energy Regulatory Commission, (Sep. 22, 1983)
City of Tallahassee, Florida, Project No. 2891
[63,579]

[¶62,342]
City of Tallahassee, Florida, Project No. 2891
Order Amending License

(Issued September 22, 1983)
Lawrence R. Anderson, Director, Office of Electric Power Regulation.
1

The City of Tallahassee, Florida (Licensee) on June 13, 1983, filed an application   to delete Article 35 from
the license, and to revise the requirements of Article 34 of the license issued July 14, 1982, for the Jackson
Bluff Project, FERC Project No. 2891 [20 FERC ¶62,053]. Article 35 requires Licensee to conduct studies to
determine the long-term minimum flow release needed at the project to ensure protection and enhancement of
fishery, wildlife, and recreational resources.
Licensee stated that it would operate the project in a baseload or run-of-river mode rather than peaking mode as
originally proposed. Should Licensee desire to operate in a peaking mode in the future, Licensee would consider
conducting a study at that time to determine appropriate minimum flows.
The Florida Game and Fresh Water Fish Commission, National Marine Fisheries Service (NMFS), and U.S.
Fish and Wildlife Service (FWS) concur with Licensee’s request for relief from the study required by Article 35.
NMFS and FWS concurrence, however, was subject to the following conditions: (1) a minimum flow of 150 cfs
be released from the project; (2) a study, such as that originally required by Article 35, again be required in the
event that Licensee resumes plans to operate the project in a peaking mode; (3) a plan of study, if needed, be
completed and approved by the resource agencies prior to contracting for the study; and (4) the study, if needed,
be completed and the results made available to the agencies prior to initiating peak-load operations.
Operating the project in a run-of-river mode would ensure that the discharge from the project is continuous and
approximates the instantaneous inflow to the project reservoir. Run-of-river operation would ensure protection
of fish, wildlife, and recreational resources without the requirement of a specific minimum flow. Therefore,
Licensee’s request to delete Article 35 from the license appears warranted. Further, Article 34, which requires
Licensee to release an interim minimum flow of 150 cfs, should be amended to require the project to be operated
as run-of-river.
Should Licensee desire in the future to operate the project in a peaking mode, the concern of NMFS and FWS,
a license amendment would be required. Potential adverse impacts to the downstream fishery and reservoir
recreation opportunities would be addressed at that time.
On the basis of the Commission staff’s review and analysis, Article 35 is deleted and Article 34 is revised herein.
It is ordered that:
(A) Article 35 is deleted.
(B) Article 34 is revised to read as follows:
Article 34. The Licensee shall operate the Jackson Bluff Project in an instantaneous run-of-river mode for the
protection and enhancement of fish and wildlife resources. Further, Licensee shall at all times act to minimize
the fluctuation of the reservoir surface elevation, i.e., maintain a continuous discharge from the project which
approximates the instantaneous inflow to the project reservoir. Instantaneous run-of-river operation may be
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1 FERC - 75 FERC, Federal Energy Regulatory Commission, 24 FERC ¶62,342, City of Tallahassee, Florida, Project No. 2891, (Sept. 22, 1983).pdf

temporarily modified if required by operating emergencies beyond the control of the Licensee, and for short
periods for fishery management purposes upon mutual agreement between the Licensee and the Florida Game
and Fresh Water Fish Commission.

-- Footnote -1

Authority to act on this matter is delegated to the Director, Office of Electric Power Regulation, under §375.308
of the Commission’s regulations, 18 C.F.R. §375.308 (1983). This order may be appealed to the Commission
within 30 days of its issuance pursuant to Rule 1902, 18 C.F.R. §385.1902 (1983). Filing an appeal and final
Commission action on that appeal are prerequisites for filing an application for rehearing as provided in Section
313(a) of the Act. Filing an appeal does not operate as a stay of the effective date of this order or of any other
date specified in this order, except as specifically directed by the Commission.

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APPENDIX B

May 26, 2017

Mr. Triveni Singh
City of Tallahassee
2602 Jackson Bluff Road
Tallahassee, FL 32304
Subject: Impact on Project Hydraulic Capacity After Removing Powerhouse from Service
Jackson Bluff Hydroelectric Project
FERC Project No. P-2891
Dear Mr. Singh:
It is our understanding that the City of Tallahassee (City) is considering surrendering the Federal Energy
Regulatory Commission (FERC) license for operating the Jackson Bluff Hydroelectric Project (Project).
As part of surrendering the license, the City plans on electrically disconnecting the generators within the
powerhouse and leaving the wicket gates in the closed position, thus preventing discharges through the
powerhouse. The City has asked that Mead & Hunt, Inc. (Mead & Hunt) review how the overall project
hydraulic capacity will be impacted without flows through the powerhouse.
Mead & Hunt has reviewed the available documention related to the Project’s hydraulic capacity. The
Inflow Design Flood (IDF) for the project is 154,500 cubic feet per second (cfs) and is equal to 50% of the
Probable Maximum Flood (PMF) of 309,000 cfs. According to the headwater-discharge rating curve
shown in Section 6 of the Supporting Technical Information Document (STID), the Project’s total spillway
capacity is equal to approximately 145,200 cfs at a reservoir elevation of 77.0 feet (NGVD 29) which
corresponds to the crest of the earth embankment. The total spillway capacity includes flow through both
the tainter gate spillway and the auxiliary overflow spillway.
It is important to note that the headwater-discharge rating curve given in the STID does not account for
any discharge through the powerhouse. The powerhouse discharge is not typically included in the
maximum hydraulic capacity for hydroelectric projects because it is not realistic to assume that the
powerhouse would be operational during a large flood event such as the IDF. According to the report
titled Minimum Flow Utlization Feasibility Study dated January 2004, the maximum hydraulic capacity of
the three turbine-generator units within the powerhouse is 5,600 cfs. Therefore, the hydraulic capacity of
the powerhouse would be a small fraction (approximately 3%) of the total IDF discharge, and its
contribution to the overall hydraulic capacity of the project could be considered negligible.

X:\2014700\160105.01\CORR\Letters\PH Impact on Project Capacity.doc

Mr. Triveni Singh
May 26, 2017
Page 2
Because the hydraulic capacity of the powerhouse has not been used in the past for estimating the
overall hydraulic capacity of the Project, decommissioning the powerhouse will not have any adverse
impacts on the project’s ability to pass the IDF (50% of the PMF).
Mr. Nick Hathaway, PE contributed to the review of the Project’s hydraulic capacity and also to this letter.
If you have any questions or require additional information, please contact me.
Sincerely,
MEAD & HUNT, Inc.

Martin H. Kemps, PE
Project Engineer

X:\2014700\160105.01\CORR\Letters\PH Impact on Project Capacity.doc

APPENDIX C

Writer Direct Phone Number: 850-891-5534
March 24, 2017
VIA ELECTRONIC DELVIERY – NO HARD COPY TO FOLLOW
Mr. Robert Presnell, County Administrator
Gadsden County
P. O. Box 1799
Quincy, Florida 32353
Re:

City of Tallahassee – C.H. Corn Hydroelectric facility
Federal Energy Regulatory Commission Project Number P-2891-016-FL

Dear Mr. Presnell:
The City of Tallahassee currently operates the C. H. Corn Hydroelectric facility located at
the western end of Lake Talquin. T he facility itself is owned by the State of Florida and
the City leases the facility for the purpose of generating electricity. The City operates the
facility in accordance with a license issued by the Federal Energy Regulatory Commission
(FERC). Under the current FERC license, the City operates the facility as a “run-of-river”
facility. This m eans during normal operations the f low of water from the facility is the
same as the flow entering the lake and the facility operates as if the dam were not in place.
Under the terms of the lease between the City and State, should the City cease to o perate
the facility for the purposes of generating electricity, the lease is terminated and the State
assumes control of the facility.
The City’s FERC licen se will expire in 2022 and the City is contem plating surrendering
the FERC license and ceasing to operate the facility for the pu rposes of generatin g
electricity. Prior to submitting a surrender application to the FERC, the City is s eeking
input from your agency on any issues or con cerns that you m ight have with respect to
decommissioning of the facility. This
input will be s ubmitted to the FERC for
consideration as part of the surrender application.
In contemplating the surrender of the FERC lic ense, the City’s plans are t o mothball the
facility in place and not remove any equipment or make any modifications to the facility
other than disconnecting the generating units fr om the electric grid. There would be no
modifications to the existing buildings or structures. This will result in no environmental
impacts to the site. Further, Lake Talquin has been managed by the State as part of a State
recreation area during the term of the FERC license and would continue to be operated by
the State for recreational purposes. Ceasi ng operation of the hydroe lectric facility will
have no im pacts on the primary purpose of Lake Talquin which will r emain recreation
under State m anagement. Thus, the City w ould expect no impacts to the wildlife and
fisheries.

Pursuant to FERC regulations, this facility undergoes a periodic independent safety review.
The last review was conducted in April of 2015 and identified only minor issues. All issues
identified in this report have been addressed to FERC’s satisfaction.
We are available to address any questions you might have as you review this inform ation
request. You can direct any questions to Triveni Singh, Assistan t General Manager –
Generation. Triveni can be reached at: 2602 Jackson Bluff Road, Tallahassee, FL 32304;
850-891-5534 or via e-mail at Triveni.singh@talgov.com.
We are requesting that you provide any comments you might have no later than April 20,
2017. Co mments should be directed to Tr iveni Singh, Assistan t General Manager –
Generation at the above address.
We thank you in advance for your assistance on this matter.
Yours truly,

Robert E. McGarrah
General Manager – Electric
Cc:

FERC Surrender File
Triveni Singh

Writer Direct Phone Number: 850-891-5534
March 22, 2017
VIA ELECTORNIC DELIVERY – NO HARD COPY TO FOLLOW
Mr. Vincent Long, County Administrator
Leon County
301 S. Monroe Street
Tallahassee, Florida 32301
Re:

City of Tallahassee – C.H. Corn Hydroelectric facility
Federal Energy Regulatory Commission Project Number P-2891-016-FL

Dear Mr. Long:
The City of Tallahassee currently operates the C. H. Corn Hydroelectric facility located at
the western end of Lake Talquin. T he facility itself is owned by the State of Florida and
the City leases the facility for the purpose of generating electricity. The City operates the
facility in accordance with a license issued by the Federal Energy Regulatory Commission
(FERC). Under the current FERC license, the City operates the facility as a “run-of-river”
facility. This m eans during normal operations the f low of water from the facility is the
same as the flow entering the lake and the facility operates as if the dam were not in place.
Under the terms of the lease between the City and State, should the City cease to o perate
the facility for the purposes of generating electricity, the lease is terminated and the State
assumes control of the facility.
The City’s FERC licen se will expire in 2022 and the City is contem plating surrendering
the FERC license and ceasing to operate the facility for the pu rposes of generatin g
electricity. Prior to submitting a surrender application to the FERC, the City is s eeking
input from your agency on any issues or con cerns that you m ight have with respect to
decommissioning of the facility. This
input will be s ubmitted to the FERC for
consideration as part of the surrender application.
In contemplating the surrender of the FERC lic ense, the City’s plans are t o mothball the
facility in place and not remove any equipment or make any modifications to the facility
other than disconnecting the generating units fr om the electric grid. There would be no
modifications to the existing buildings or structures. This will result in no environmental
impacts to the site. Further, Lake Talquin has been managed by the State as part of a State
recreation area during the term of the FERC license and would continue to be operated by
the State for recreational purposes. Ceasi ng operation of the hydroe lectric facility will
have no im pacts on the primary purpose of Lake Talquin which will r emain recreation
under State m anagement. Thus, the City w ould expect no impacts to the wildlife and
fisheries.

Pursuant to FERC regulations, this facility undergoes a periodic independent safety review.
The last review was conducted in April of 2015 and identified only minor issues. All issues
identified in this report have been addressed to FERC’s satisfaction.
We are available to address any questions you might have as you review this inform ation
request. You can direct any questions to Triveni Singh, Assistan t General Manager –
Generation. Triveni can be reached at: 2602 Jackson Bluff Road, Tallahassee, FL 32304;
850-891-5534 or via e-mail at Triveni.singh@talgov.com.
We are requesting that you provide any comments you might have no later than April 20,
2017. Co mments should be directed to Tr iveni Singh, Assistan t General Manager –
Generation at the above address.
We thank you in advance for your assistance on this matter.
Yours truly,

Robert E. McGarrah
General Manager – Electric
Cc:

FERC Surrender File
Triveni Singh
Alan Rosenzweig

List of Agencies
Address
Holly Weyers
Regional Director Southeast Region
US Department of the Interior – USGS
1770 Corporate Drive, Suite 500
Norcross, GA 30093

Dear
Ms. Weyers

Cynthia K. Dohner
Regional Director, Southeast Region
U.S. Fish and Wildlife Service, U.S.
Department of the Interior
1875 Century Blvd., Suite 400
Atlanta, GA 30345

Ms. Dohner

David S. Fish
Acting Chief Environmental Compliance and
Safety Enforcement Divisions
U.S. Department of the Interior
1849 C Street, NW
Washington, D.C. 20240

Mr. Fish

Brett J. Cyphers
Executive Director
Northwest Florida Water Management District
81 Water Management Drive
Havana, FL 32333-4712

Mr. Cyphers

Anne Heard
Acting Regional Administrator
U.S. Environmental Protection AgencyRegion IV
61 Forsyth St SW
Atlanta, GA 30303

Ms. Heard

Eric Summa
Chief - Planning and Environmental Policy
Division
U.S. Army Corps of Engineers Jacksonville
District
701 San Marco Blvd
Jacksonville, FL 32207-8175

Mr. Summa

Address
Justin B. Green
Director Division of Water and Resource
Management
2600 Blairstone Road, MS-3500
Tallahassee, Florida 32399-2400

Dear
Mr. Green

David A. Clark
Director State Lands
3900 Commonwealth Blvd. MS 100
Tallahassee, FL 32399

Mr. Clark

Nick Wiley
Executive Director
Florida Fish and Wildlife Conservation
Commission
620 South Meridian Street
Tallahassee, FL 32399-1600

Mr. Wiley

Dr. Roy E. Crabtree
Southeast Regional Administrator - Fisheries
Service
National Oceanic and Atmospheric
Administration, US Department of Commerce
263 13th Avenue South
Saint Petersburg, Florida 33701

Dr. Crabtree

Timothy A. Parsons, Ph.D., RPA.
Division Director and State Historic
Preservation Director
Florida Department of State
R. A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250

Mr. Parsons

Braulio L. Baez
Executive Director
Florida Public Service Commission
2540 Shumard Oak Blvd.
Tallahassee, FL 32399-0850

Mr. Baez

Chairman
Southeast Basins Interagency Committee
402 New Walton Building
Atlanta Georgia 30303

Gentlemen

Address
Robert Presnell,
County Administrator
Gadsden County
P. O. Box 1799
Quincy, Florida 32353

Dear
Mr. Presnell

Vincent Long
County Administrator
Leon County
301 S. Monroe Street
Tallahassee, Florida 32301

Mr. Long

APPENDIX D

April 28, 2017

F/SER47:FR/pw

(Sent via Electronic Mail)
Mr. Triveni Singh
Assistant General Manager – Generation
City of Tallahassee
2602 Jackson Bluff Road, Tallahassee, FL 32304
Dear Mr. Singh:
NOAA’s National Marine Fisheries Service (NMFS) reviewed your letter dated March 17, 2017,
requesting comments on the C.H. Corn Hydroelectric facility (Federal Energy Regulatory
Commission Project Number P-2891-016-FL). As the nation’s federal trustee for the
conservation and management of marine, estuarine, and diadromous fishery resources, the
NMFS provides the following comments pursuant to the authorities of the Fish and Wildlife
Coordination Act and the Federal Power Act.
The City of Tallahassee currently operates the C.H. Corn Hydroelectric facility located at the
western end of Lake Talquin, on the Ochlocknee River, Leon County. The State of Florida owns
the facility, and the City leases the facility to generate electricity. Under the current license from
the Federal Energy Regulatory Commission (FERC), the City operates the facility as a “run-ofriver” facility. The City’s license will expire in 2022, and the City is contemplating surrendering
the FERC license and ceasing to operate the facility.
Fishes of interest to the NMFS occurring in the Ochlocknee River below Lake Talquin include
the Gulf Sturgeon, American Eel, Alabama Shad, and Striped Bass. The Gulf Sturgeon is listed
as a threatened species under the Endangered Species Act (ESA) while both the American Eel
and Alabama Shad have been evaluated for listing. While protection under the ESA for either
species was found to be not warranted at this time, populations of both remain low and need
recovery. The NMFS has been working with hydroelectric companies in a number of rivers in
the southeastern United States from the Roanoke River in North Carolina to the Sabine River in
Louisiana/Texas in passing American Eels above hydroelectric dams to historical habitats. The
NMFS is interested in upstream passage of American Eels at the C.H. Corn Hydroelectric
facility. Based on our experience at other hydroelectric facilities, eel passage above this dam
could be easily achieved and be relatively inexpensive. The Ochlocknee River above Lake
Talquin has a large amount of available habitat eels could utilize as they mature. Passage of
Alabama Shad may be warranted in the future if it appears the population in the Ochlocknee
River would benefit from access to habitats upstream of Lake Talquin.
According to the Florida Fish and Wildlife Commission staff (FWC), if the FERC license is
surrendered the facility would be still operated to allow downstream discharges through the
spillway gates (T. Hoehn, FWC, personal communication). This would eliminate the concerns

about the discharges of water with a low concertation of dissolved oxygen, which in turn could
affect fishes downstream. The FWC recommends maintaining a minimum downstream flow of
at least 150 cubic feet per second, which was part of the original license; the NMFS concurs with
this recommendation.
Thank you for the opportunity to provide these comments. Please direct related questions or
comments to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island
Road, Beaufort, North Carolina 28516-9722, or at (252) 838-0828.
Sincerely,

/ for

cc:

Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division

FDEP, Cheryl.McCall@dep.state.fl.us
FWC, Ted.Hoehn@MyFWC.com
USFWS, Wilson_Laney@fws.gov, Maureen_Walsh@fws.gov
F/SER47, Fitz.Rohde@noaa.gov

2

April 20, 2017

Florida Fish
and Wildlife
Conservation
Commission
Commissioners
Brian Yablonski
Chairman
Tallahassee
Aliese P. “Liesa” Priddy
Vice Chairman
Immokalee
Ronald M. Bergeron
Fort Lauderdale
Richard Hanas
Oviedo
Bo Rivard
Panama City
Charles W. Roberts III
Tallahassee
Robert A. Spottswood
Key West

Executive Staff
Nick Wiley
Executive Director
Eric Sutton
Assistant Executive Director
Jennifer Fitzwater
Chief of Staff

Triveni Singh
Assistant General Manager - Generation
City of Tallahassee
2602 Jackson Bluff Road
Tallahassee, FL 32304
Triveni.singh@talgov.com
RE:

City of Tallahassee, C.H. Corn Hydroelectric Facility, Federal Energy Regulatory
Commission (FERC) Project P-2891-016-FL, Technical Assistance Request,
Leon County

Dear Mr. Singh:
Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the City’s
March 17, 2017, letter requesting a review of the possible decommissioning of the C.H.
Corn Hydroelectric Facility on Lake Talquin. We provide the following comments and
recommendations as technical assistance in accordance with FWC’s authorities under
Chapter 379, Florida Statutes.
Project Description
As indicated in the City’s letter, the City is contemplating surrendering the facility’s
FERC license, which expires in 2022, and ceasing to operate the facility for the purposes
of generating electricity. The facility would continue to be operated as a run-of-the-river
unless the hydroelectric license is transferred to the State. Lake Talquin would continue
to be managed for the benefit of recreational uses.

Office of the
Executive Director
Nick Wiley
Executive Director

Comments and Recommendations

(850) 487-3796
(850) 921-5786
FAX
Managing fish and wildlife
resources for their long-term
well-being and the benefit
of people.

FWC staff has coordinated with the City for this project and understands that if the FERC
license is surrendered and the facility decommissioned for power generation, the facility
would still be operated to allow downstream discharges through the spillways gates. This
would eliminate the concern of discharging low oxygenated water downstream from
lower depths in the lake. Gulf sturgeon (Acipenser oxyrinchus desotoi, Federally
Threatened), the Ochlockonee moccasinshell (Medionidus simpsonianus, Federally
Endangered), and Barbour’s map turtle (Graptemys barbouri, State Threatened) are
known to occur downstream of the dam and their essential behaviors may be affected by
low flows. We understand that there may be a requirement for a minimum release (into
the Ochlockonee River) of 150 cubic-feet-per-second (cfs), but this has not yet been
determined. If the facility is decommissioned and not operated for hydroelectric
purposes, FWC staff recommends maintaining a minimum downstream flow of at least
150 cfs. Because there are federally listed species occurring in the downstream areas, we
also recommend coordinating with the U.S. Fish and Wildlife Service (USFWS) Panama

620 South Meridian Street
Tallahassee, Florida
32399-1600
Voice: (850) 488-4676
Hearing/speech-impaired:
(800) 955-8771 (T)
(800) 955-8770 (V)
MyFWC.com

Flow Levels

Triveni Singh
Page 2
April 20, 2017
City Ecological Services Office (ESO) as necessary for information regarding potential
impacts to the federally listed species. The USFWS Panama City ESO can be contacted
at (850) 769-0552.
Freshwater Fish and Recreational Fishing
If discharge is only occurring through the spillway gates and not through the turbine
gates, there will likely be fish escapement from the lake for multiple species (bass,
crappie, striped bass, etc.) during anytime other than minimal flow. Fish loss would
increase dramatically with an increase in flow on the Upper Ochlockonee or Little River
following any rain event. Under current operations, fish loss from the lake typically
occurs only during extreme high water events. Since the FWC maintains a fish stocking
and broodfish collection program on Lake Talquin, FWC staff would like to provide
further technical assistance for the management of the facility to avoid loss of fish
downstream.
Discharges only from the spillway may also affect recreational fishermen who typically
use the downstream areas close to the facility and the buoy line near existing turbine
discharges. We understand that the existing buoy line could be moved further
downstream, which may limit access for striped bass fisherman. We recommend that the
buoy line distance be evaluated if flows are only through the spillway side of the dam or
if changes in the buoy line distance to the dam are proposed.
We appreciate the opportunity to provide information on this project. If you need any
further assistance, please do not hesitate to contact Jane Chabre either by phone at (850)
410-5367 or at FWCConservationPlanningServices@MyFWC.com. If you have specific
technical questions regarding the content of this letter, please contact Theodore Hoehn at
(850) 488-8792 or by email at ted.hoehn@MyFWC.com.
Sincerely,

Jennifer D. Goff
Land Use Planning Program Administrator
Office of Conservation Planning Services
jdg/th

ENV 1
Tallahassee C H Corn Hydroelectric Facility_32763_042017

cc:

Cheryl McCall, DEP-State Lands, cheryl.mccall@dep.state.fl.us
Maureen Walsh, USFWS-PC, maureen_walsh@fws.gov
Fritz Rohde, NOAA, fritz.rohde@noaa.gov

RICK SCOTT
Governor

Mr. Triveni Singh
City of Tallahassee, Electric Utility
2602 Jackson Bluff Road
Tallahassee, FL 32304
RE:

KEN DETZNER
Secretary of State

May 16, 2017

DHR Project File No.: 2017-1480/ Received by DHR: March 22, 2017
106-Federal Energy Regulatory Commission (FECR)
Leasee: City of Tallahassee – Owner: State of Florida
Project: C. H. Corn Hydroelectric Facility, West End of Lake Talquin, Leon County
Possible Surrender of FERC License and Decommissioning of Facility
FERC Project Number P-2891-016-FL

Mr. Singh:
The Florida State Historic Preservation Office reviewed the referenced project for possible effects on historic
properties listed, or eligible for listing, on the National Register of Historic Places. The review was conducted in
accordance with Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing
regulations in 36 CFR Part 800: Protection of Historic Properties and under Chapter 267.061, Florida Statutes, and
implementing state regulations.
We note that the City of Tallahassee’s FERC license for the above referenced facility will expire in 2022 at which time
the City is considering surrendering the license, decommissioning the facility, and returning it to State ownership. It
is our understanding that the proposed decommissioning will not involve any equipment removal or modifications to
the facility. It is the opinion of this office that due to the nature of the proposed plan there will be no effect on historic
properties. However, if current or future plans change and will involve ground disturbance, project plans should be
forwarded to this office for review and comment.
For questions, please contact Robin Jackson, Historic Preservationist, Compliance & Review at
Robin.Jackson@dos.myflorida.com, or by telephone at 850.245.6496 or 800.847.7278.
Sincerely,

Timothy A. Parsons, Ph.D., RPA
Director, Division of Historical Resources and
State Historic Preservation Officer

Division of Historical Resources
R.A. Gray Building • 500 South Bronough Street• Tallahassee, Florida 32399
850.245.6300 • 850.245.6436 (Fax) FLHeritage.com