201 S Main St, Suite 2100
Salt Lake City, UT 84111 (801) 456-1575
Kimberly D. Bose SecretaryFederal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426
United States
Via Electronic Filing
February 24, 2023
Re: White Pine Pumped Storage Project (FERC Project No. 14851); Application for a License for Major Unconstructed Project and Request for Use of Expedited Licensing Process
Dear Secretary Bose:
rPlus Hydro, LLLP, on behalf of White Pine Waterpower, LLC (“WPW”), is pleased to formally file with the Federal Energy Regulatory Commission (“FERC”) an application for a License for Major Unconstructed Project (“License Application”) for the White Pine Pumped Storage Project, FERC Project No. 14851 (the “Project”). WPW developed this License Application in accordance with 18 CFR Part 4, Subpart E of FERC’s regulations. It is intended to be a stand-alone document that contains all required exhibits, studies, and the Supporting Design Report.
In accordance with FERC’s Traditional Licensing Process, WPW filed the Draft Application on February 17, 2022. It solicited comments from federal and state agencies as well as other third-party stakeholders with an interest in the Project. As a result of this effort, WPW received numerous comments that it has incorporated and responded to in the License Application.
WPW has also updated the existing cultural, botanical, Greater Sage-Grouse, and wildlife studies, evaluated environmental justice impacts, conducted additional geotechnical work, and added an additional access road to the Project. WPW has also submitted a permit application to the Bureau of Land Management (“BLM”) to conduct additional hydrological studies for the Project.
On May 17, 2022, the National Park Service (“NPS”) requested a study dispute resolution regarding the Recreation Resource Study, the Visual and Aesthetics Resource Study, and the Socioeconomic Study. WPW held a joint meeting with NPS and other stakeholders on August 2, 2022 to discuss the study dispute. Since that time, WPW has consulted extensively with the National Park Service. Discussions have centered primarily around the location of additional key observation points and the scope of photo simulations for the Project. Discussions have also involved the scope and duration of passenger surveys relating to visitor use and experience on the Nevada Northern Railway. Based on these consultations, WPW has proposed and initiated a supplemental study effort to supplement the Recreation Resource Study Report, Visual and Aesthetic Resource Study Report, and Socioeconomic Study Report. WPW believes that its licensing proposal is well-supported and provides all the information necessary for FERC’s evaluation of the Project’s resource impacts.
WPW is coordinating with the BLM in order to obtain an appropriate right of way easement as well as to achieve adequate accommodation for construction and operation of the Project under (i) the Ely District Record of Decision and Approved Resource Management Plan, August 2008, and (ii) the 2015 Nevada and Northeastern California Greater Sage-Grouse Record of Decision and Approved Resource Management Plan Amendment.
In conjunction with the submission of the License Application, WPW is requesting authorization to use the Expedited Licensing Process for Closed-Loop Pumped Storage Projects under Section 35 of the Federal Power Act The purpose of WPW’s request for use of the Expedited Licensing Process is to further facilitate an expeditious review process for the License Application through additional coordination and oversight procedures for all federal agencies involved therein. WPW has separately requested and received notice that the Project qualifies as a covered project under title 41 of the Fixing America’s Surface Transportation Act (“FAST 41”).
The Project meets FERC’s qualifying criteria for a closed-loop pumped storage project under 18 CFR 7.1(c)(1)(3) and is eligible for the Expedited Licensing Process for Closed Loop Pumped Storage Projects under 18 CFR 7.2. Together, these regulations provide that a qualifying project must: (1) cause little to no change to existing surface and groundwater flows and uses; (2) be unlikely to adversely affect species listed as a threatened species or endangered species, or designated critical habitat of such species, under the Endangered Species Act of 1973 (“ESA”); (3) utilize only reservoirs situated at locations other than natural waterways, lakes, wetlands, and other natural surface water features; and (4) rely only on temporary withdrawals from surface waters or groundwater for the sole purposes of initial fill and periodic recharge needed for project operation. The Project satisfies all of these requirements. Specifically:
(1) The Project will use groundwater wells for initial fill and make-up water. As demonstrated in Exhibit E, Section 3.4.2, the Project will cause little to no change to existing surface and groundwater flows and uses.
(2) No designated critical habitat for any ESA-listed species occurs within the Project Footprint. WPW identified a single ESA-listed species, the Pahrump poolfish, with the potential to occur within the Project Footprint Because the Project is closed loop, the Project is not hydrologically connected to any existing surface waters and no impacts are anticipated on the Pahrump poolfish or any other aquatic species. Accordingly, the License Application shows that the Project is unlikely to adversely affect any ESA-listed species or designated critical habitat of such species.
(3) The upper and lower reservoir of the Project will be constructed; they do not yet exist and will not utilize natural waterways, lakes, wetlands, or other natural surface water features.
(4) Because the Project will use groundwater wells for initial fill and make-up water, it fulfills the criteria of relying only on temporary withdrawals from groundwater for the sole purposes of initial fill and periodic recharge needed for Project operation.
The License Application includes additional information required by 18 CFR 7.2 as follows:
(1) The Project will not involve a discharge into navigable water and does not require a water quality certification under Section 401 of the Clean Water Act WPW has requested concurrence from Nevada Division of Environmental Protection in a letter dated February 23, 2024.
(2) No ESA-listed species or designated critical habitat are present in the Project Footprint. Documentation of WPW’s consultation with USFWS in this regard is included in Exhibit E, Appendix J.
(3) WPW has initiated National Historic Preservation Act Section 106 consultation with the Nevada State Historic Preservation Officer. Documentation of the consultation to date is included in Exhibit E, Appendix K.
The License Application will be electronically accessible to the public on the Project website at the following web address:
https://www.whitepinepumpedstorage.com
In addition, a hard copy of the License Application is available for public review at rPlus Hydro, LLLP, corporate headquarters, located in Salt Lake City, Utah, the White Pine County Library, located in Ely, Nevada, and the BLM-Ely District Office, Located in Ely, Nevada.
Project Overview
The Project represents a unique energy storage and supply opportunity for Nevada and the greater region. There are few feasible means of providing energy storage of the scale and duration needed as the electric grid evolves toward a carbon-free future. Pumped storage projects have tremendous value to store energy produced by wind and solar and return that energy to the grid on a real-time, as-needed basis. The White Pine Pumped Storage Project site has exceptional characteristics to meet this need. The site has a unique combination of favorable topography, access to a water source, geologic features appropriate for tunneling to house Project facilities, and proximity to a designated transmission corridor route to a substation large enough to accommodate the Project.
A detailed description of the Project is included in the License Application. In brief, the Project will consist of two reservoirs at different elevations, three variable pumpturbine units with a total generating capacity of 1,000 megawatts (MW) in an underground powerhouse, a tunnel conveyance system between the two reservoirs, groundwater wells for initial fill and make-up water, and an inter-tie to the existing electric transmission grid. The Project is designed as a closed-loop system, meaning that its operation re-uses water in a continuous cycle of pumping and generation and does not affect any streams, lakes, or wetlands. Groundwater will be pumped for the initial fill of the Project and periodically supplemented to make up for evaporation and other losses.
The 1,000 MW Project will be situated mostly on lands of the United States administered by the BLM, Ely District Office. Additionally, there are Project features that require use of some private lands.
The Project will be a vibrant complement to wind and solar generation, operating on a relatively small footprint, capable of storing electricity generated by wind and solar at times when demand for electricity is low, and then returning electricity to the grid when demand is peaking. In these ways, the Project is in strong alignment with the Biden Administration’s strategy to engage with the renewable energy industry to promote development of clean energy sources2.
Process and Schedule
On July 12, 2017, an application for a Preliminary Permit was filed to initiate the FERC process for the Project, and FERC issued the Preliminary Permit on October 25, 2017. WPW then researched and prepared the Pre-Application Document and filed and distributed it on May 15, 2020, to present a description of the proposed Project, a schedule for the licensing and permitting process, and an initial assessment of potential Project effects on resources and the environment. Additionally, WPW requested that FERC utilize its Traditional Licensing Process which FERC subsequently approved. The consultation record reflecting the FERC process steps and WPW’s other agency and stakeholder outreach from 2017 through 2021 is attached as Appendix A to the License Application.
Since the Pre-Application Document was circulated, other key highlights of consultation to-date include a meeting and site visit with agencies and stakeholders on September 1, 2020. Despite Covid-related restrictions, more than 20 people representing ten agencies and organizations were able to safely attend and participate in the meeting and site visit.
On March 10, 2021, WPW distributed seven study plans for comment. The study plans were revised based on comments received from the City of Ely, White Pine County, Nevada Department of Wildlife, National Park Service, non-governmental organizations, and private individuals. Studies were conducted in 2021. Results are discussed in Exhibit E of the License Application, and the study reports are provided as appendices.
On February 17, 2022, WPW filed and submitted for agency comment the Draft License Application. WPW received comments from multiple agencies and stakeholders. WPW has responded to these comments in the License Application.
While the FERC process has progressed, WPW also has engaged with the BLM Ely District Office for discussion and planning for Project use of BLM-administered federal lands. As a FAST-41 Project, WPW anticipates that the BLM review and approval process for the Project will be coordinated with the FERC licensing process.
The Final License Application
The License Application describes the Project and how it will be operated, the alternatives considered as the proposed Project was conceived and refined, analyzes the effects of Project construction and operation on the environment, and proposes preliminary measures to address potential impacts of the construction and operation of the Project.
WPW is excited about this Project and looks forward to working with FERC and other agency staff and stakeholders through the licensing process.
If you have any questions regarding the License Application or the review and comment process, please contact Greg Copeland, Program Manager for rPlus Hydro, LLLP, at (801) 759-2223
Sincerely,
Luigi Resta President rPlus Hydro, LLLP Cc: Timothy Konnert, West Branch Chief, Evan Williams, FERC Project Manager, Brandon Cherry, FERCWhite Pine Pumped Storage Project (FERC No. 14851)
Federal Agencies
Bureau of Land Management: Nevada State Office State Director
Jon Raby
1340 Financial Blvd. Reno, NV 89502
Bureau of Land Management: Ely District Office
Distict Manager
Robbie McAboy
702 North Industrial Way
Ely, NV 89301
Bureau of Land Management: Bristlecone Field Office
Bristlecone Field Manager
Jared Bybee
702 North Industrial Way
Ely, NV 89301
Nevada Division of Environmental Protection Bureau of Water Quality Planning
Environmental Scientist III
Zachary Carter
901 South Stewart Street Suite 4001 Carson City, NV 89701
National Park Service Regional Program Manager Barbara Rice
333 Bush Street Suite 500
San Francisco, CA 94104
Federal Aviation Administration: Reno Flight District Office Manager
Lana Boler 5466 Longley Lane
Reno, NV 89511
U.S. Fish & Wildlife Service: Pacific Southwest Region Regional Director Paul Souza
Federal Building 2800 Cottage Way
Sacramento, CA 95825
U.S. Forest Service: Ely Ranger District District Ranger
Jose Noriega 825 Avenue E Ely, NV 89301
Environmental Protection Agency Region 9 Regional Administrator
Martha Guzman
75 Hawthorne Street
San Francisco, CA 94105
Federal Railroad Administration Chief Counsel
Allison Ishihara Fultz
1200 New Jersey Avenue SE
Washington, DC 20590
U.S. Geological Survey Region 10 Regional Director
Eric Reichard 2800 Cottage Way Federal Building
Sacramento, CA 95825
Native American Tribes
Duckwater Shoshone Tribe Chairman
Warren Graham PO Box 140061
Duckwater, NV 89314
Ely Shoshone Tribe Chairwoman
Diana Buckner 505 S. Pioche Highway Ely, NV 89301
Te-Moak Tribe of Western Shoshone Indians Chairman
Joseph A Holley 525 Sunset Street Elko, NV 89801
Confederated Tribes of the Goshute Reservation Chairman
Rupert Steele
P.O. Box 6104
Ibapah, UT 84034
Distribution List
White Pine Pumped Storage Project (FERC No. 14851)
State Agencies
State of Nevada Sagebrush Ecosystem Program Program Manager
Kelly McGowan
201 S. Roop Street Suite 101
Carson City, NV 89701
Nevada Department of Wildlife Director
Alan Jenne
6980 Sierra Center Pkwy #120
Reno, NV 89511
Nevada Department of Wildlife Commission Chair
Tommy Caviglia
6980 Sierra Center Pkwy #120 Reno, NV 89511
Nevada Division of Forestry Program Manager
Rick Morse
2478 Fairview Dr. Carson City, NV 89701
Governor's Office of Energy Director
Dwayne McClinton
600 E William Street Suite 200 Carson City, NV 89701
Nevada Public Utilities Commission Director of Regulatory Operations
Anne-Marie Cuneo
1150 E. William Street Carson City, NV 89701
Nevada Department of Transportation: District III Ely
District Engineer
Sami Yousuf
1951 Idaho St.
Elko, NV 89801
Department of Conservation and Natural Resources; Division of Water Resources State Engineer
Adam Sullivan
901 S. Stewart St. Suite 2002
Carson City, NV 89701
Department of Conservation and Natural Resources; Division of Environmental Protection Administrator
Greg Lovato
901 South Stewart Street Suite 4001
Carson City, NV 89701
Department of Conservation and Natural Resources; State Historic Preservation Office
State Historic Preservation Officer
Rebecca Palmer
901 S. Stewart Street Suite 5004
Carson City, NV 89701
Nevada Department of Conservation and Natural Resources Director
James Settelmeyer
901 S. Stewart St. Ste. 1003
Carson City, NV 89701
Southern Nevada Water Authority General Manager
John J. Entsminger PO Box 99956
Ely, NV 89193
Nevada Governors Office of Economic Development Director
Thomas Burns
808 West Nye Lane
Carson City, NV 89703
Nevada Division of State Lands State Lands Planner
Scott Carey
901 S. Stewart St Ste 5003
Carson City, NV 89701
Distribution List
White Pine Pumped Storage Project (FERC No. 14851)
NV Energy Director, Renewables Sourcing
Mark Warden
P.O. Box 98910
Las Vegas, NV 89151
Mt. Wheeler Power
Kevin Robinson
1600 Great Basin Boulevard
Ely, NV 89301
County
White Pine County County Manager
Michael Wheable
1786 Great Basin Blvd Suite 3
Ely, NV 89301
White Pine County Board of Commissioners Chair
Shane Bybee
1786 Great Basin Blvd. Suite 3
Ely, NV 89301
Local McGill Ruth Water District
Kurt Carson PO Box 1376
McGill, NV 89318
Ely Water and Sewer Department
Carl Siemer
501 Mill Street
Ely, NV 89301
Sanitation District
Operations Manager
Brad Torres
1786 Great Basin Blvd Suite 3
Ely, NV 89301
City of Ely Building Official
Craig Peterson
501 Mill Street
Ely, NV 89301
Ely City Council Clerk
Jennifer Lee
501 Mill Street
Ely, NV 89301
City of Ely Mayor
Nathan Robertson
501 Mill Street
Ely, NV 89301
McGill Town Council Clerk
Roxane Ballandby
P.O. Box 1334
McGill, NV 89318
Nevada Northern Railway Foundation, Inc. President
Mark S. Bassett
P.O. Box 150040 East
Ely, NV 89315
Before the Federal Energy Regulatory Commission Application for Original License for Major Unconstructed Project White Pine Pumped Storage Project
FERC No. 14851
The Initial Statement is presented herein and addresses the Federal Energy Regulatory Commission (FERC or Commission) regulation at 18 Code of Federal Regulations (CFR) §4.41(a)
1. White Pine Waterpower, LLC (WPW or Applicant) applies to the FERC for an original license for the proposed White Pine Pumped Storage Project (FERC No. 14851) (Project), as described in the attached exhibits.
2. The location of the proposed Project is: State or territory: Nevada County: White Pine County Township or Nearby Towns: City of Ely, Town of McGill Stream or Other Body of Water: None; Closed-loop
3. The exact name, business address and telephone number of the Applicant is:
White Pine Waterpower, LLC
c/o rPlus Hydro, LLLP
201 S. Main St. Suite 2100
Salt Lake City, UT 84111
Phone: (801) 456-1575
The exact name and business address of each person authorized to act as agent for the Applicant in this application are:
Luigi Resta
White Pine Waterpower, LLC
c/o rPlus Hydro, LLLP
201 S. Main St. Suite 2100
Salt Lake City, UT 84111
Matthew Shapiro
White Pine Waterpower, LLC
c/o rPlus Hydro, LLLP
800 W. Main St. Ste. 1220
Boise, ID 83702
Phone: (208) 246-9925
4. The Applicant is a domestic corporation and is not claiming preference under section 7(a) of the Federal Power Act, 16 United States Code (U.S.C.) § 796.
5. (i) The statutory or regulatory requirements of Nevada, in which the Project is located, which would, assuming jurisdiction and applicability, affect the Project as proposed with respect to the appropriation, diversion, and use of water for power purposes, and with respect to the right to engage in the business of developing, transmitting, and distributing power and in any other business necessary to accomplish the purpose of the license under the Federal Power Act are:
a. WPW is a limited liability company organized under the laws of the State of Idaho, and, as such, can engage in the activities set forth in its organizational documents, which includes the generation, transmission, and distribution of electricity from the Project.
b. The right to the use of groundwater is normally evidence by state-authorized permits and administered by the Nevada Division of Water Resources, more commonly referred to as the State Engineer's office. The state-authorized groundwater permits are established according to the doctrine of prior appropriation or ordered by their relative priority to the use of the water based upon the acts of appropriation. The water permits further limit a maximum yield, or amount of water, to be used for a permitted purpose.
c. Section 401 of the federal Clean Water Act, 33 U.S.C. §1341 (Section 401) requires that any applicant for a federal license or permit to conduct an activity that may discharge into waters of the United States (as defined in the Clean Water Act) must present the federal authority with a Water Quality Certification (WQC) or evidence of waiver thereof. Pursuant to Nevada Revised Statutes (NRS) 445A.620, the State Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP) oversees the 401 WQC program.
(ii) The steps the Applicant has taken or plans to take to comply with each of the laws cited above are:
a. The Applicant has complied with the requirements of the laws of the State of Nevada with respect to the right to engage in the business of developing and transmitting power.
b. The Applicant entered into a Water Use & Option to Purchase Agreement (Agreement) with the White Pine County Board of Commissioners on February 24, 2021. The Agreement is comprised of two parts, the first being a standard six (6) year water supply (i.e., lease) agreement with a right to renew for another six (6) years, and the second being an option granted to WPW to purchase a portion of an existing water right. The Applicant and White Pine County together applied to the State Engineer on January 11, 2022 for a change to the point of diversion and associated place of use for the leased water rights. The State Engineer approved the change application on September 22, 2022, which now allows the Applicant to use the leased water for its initial fill. In turn, upon purchasing the optioned water right it will also undergo any necessary permitting with the State Engineer to allow the optioned water right to be used for long-term make-up water at the Project
c. The Applicant has requested the concurrence of the NDEP regarding the non-applicability of a WQC persuant to Section 401 of the Clean Water Act. As a closed-loop facility, the Project will not involve a discharge into navigable waters. It is, therefore, expected that a WQC will not be required for the Project.
INFORMATION REQUIRED BY 18 CFR SECTION 4.32
(1) Identify every person, citizen, association of citizens, domestic corporation, municipality, or state that has or intends to obtain and will maintain any proprietary right necessary to construct, operate, or maintain the project:
White Pine Waterpower, LLC
c/o rPlus Energies
800 W. Main St. Ste. 1220
Boise, ID 83702
(2) Identify (providing names and mailing addresses):
(i) Every county in which any part of the project and any Federal facilities that would be used by the project would be located:
White Pine County Clerk
801 Clark St., Ste. 4 Ely, NV 89301
No Federal facilities will be used by the Project.
(ii) Every city, town, or similar local subdivision:
(A) In which any part of the project, and any Federal facilities that would be used by the project, would be located:
The Project will not be located within the boundaries of any city, town, or similar local subdivision.
No Federal facilities will be used by the Project.
(B) That has a population of 5,000 or more people and is located within 15 miles of the Project Dam:
There are no cities, towns, or similar subdivisions of a population of 5,000 people or more within a 15-mile radius of the Project.
(iii) Every irrigation district, drainage district, or similar special purpose political subdivision:
(A) In which any part of the project, and any Federal facilities that would be used by the project, would be located:
The Applicant is not aware of any irrigation districts, drainage districts, or other special purpose political subdivisions in the immediate vicinity of the Project. No Federal facilities will be used by the Project.
(B) That owns, operates, maintains, or uses any project facilities or any Federal facilities that would be used by the project:
There are no known irrigation districts, drainage districts, or other special purpose political subdivisions that own, operate, maintain, or use any Project facilities or any Federal facilities that would be used by the Project.
(iv) Every other political subdivision in the general area of the project that there is reason to believe would likely be interested in, or affected by, the application:
City Clerk City of Ely 501 Mill St. Ely, NV 89301
Town of McGill P.O. Box 1334
McGill, NV 89318
(v) All Indian tribes that may be affected by the project:
There are no tribal lands located within or adjacent to the proposed preliminary FERC Project Boundary. The listing below includes Tribes that may have an interest in the Project:
Confederated Tribes of the Goshute Reservation
Rupert Steele, Tribal Chairman
HC 61 Box 6104
Ibapah, UT 84034
Duckwater Shoshone Tribe
Warren Graham, Chairman
P.O. Box 140068
Duckwater, NV 89314
Ely Shoshone Tribe of Nevada
Diana Buckner, Chairman
16 Shoshone Circle
Ely, NV 89201
Te-Moak Tribe of Western Shoshone Indians
Joseph Holley, Chairman 525 Sunset St.
Elko, NV 89801
(3) For a license (other than a license under section 15 of the Federal Power Act) state that the applicant has made, either at the time of or before filing the application, a good faith effort to give notification by certified mail of the application to:
(A) Every property owner of record of any interest in the property within the bounds of the project, in the case of the project without a specific boundary, each such owner of property which would underlie or be adjacent to any project works including any impoundments;
Upon filing the Final License Application, WPW will make a good faith effort to give every owner of any property interest in the land included in the FERC Project Boundary notification by certified mail of the availability of the application.
(B) The entities identified in paragraph (a)(2) of this section, as well as any other Federal, state, municipal or other local government agencies that there is reason to believe would likely be interested in or affected by such application.
The National Park Service (NPS) has coordinated with the Nevada Northern Railway which operates a facility within the view of the FERC Project Boundary.
National Park Service
Barbara Rice, Program Manager, RTCA and Hydropower Assistance
Interior Regions 8, 9, 10, & 12
333 Bush Street, Suite 500 San Francisco, CA 94104
(415) 623-2320
Barbara_Rice@nps.gov
Bureau of Land Management Ely District Office
Jared Bybee, Bristlecone Field Office Manager
702 North Industrial Way Office
Ely, NV 89301
(775) 289-1800
jbybee@blm.gov
Nevada Department of Wildlife
Moira Kolada, Eastern Region Habitat Biologist
1218 N. Alpha St
Ely, Nevada 89301
(775) 289-1655
mkolada@ndow.org
Otherwise WPW is not aware of additional Federal, state, municipal, or other local government agencies besides those listed above (White Pine County, City of Ely, Town of McGill) that would likely be interested in or affected by this application.
White Pine Pumped Storage Project (FERC Project No. 14851) Final License Application
White Pine Waterpower, LLC
February 2023
White Pine Pumped Storage Project (FERC Project No. 14851)
Final License Application
Contents
Initial Statement and Verification Page
Exhibit A – Description of the Project
Exhibit B – Statement of Project Operation and Resource Utilization
Exhibit C – Project Schedule
Exhibit D – Project Cost and Financing
Exhibit E – Environmental Report
Appendix A – Consultation Record
Appendix B – Aquatic Resources Delineation Study Report
Appendix C – Special-Status Plants and Noxious Weeds Study Report
Appendix D – Greater Sage-Grouse Lek and Habitat Study Report
Appendix E – 2021 Rare, Threatened, and Endangered Wildlife Species Assessment Study Report
Appendix F – Recreation Resources Study Report
Appendix G – Cultural Resources Study Report (Filed as CUI//PRIV)
Appendix H – Visual and Aesthetic Resources Study Report
Appendix I – Socioeconomic Study Report
Appendix J – U.S. Fish and Wildlife Service Information, Planning, and Conservation (IPaC) Consultation
Appendix K – Historic Properties Management Plan (Filed as CUI//PRIV)
Appendix L – Response to Comments on the DLA
Appendix M – NNR Visitor Use Assessment Survey
Exhibit F – General Design Drawings and Supporting Information (Public and CUI//CEII versions)
Exhibit G – Project Maps (Public and CUI//PRIV versions)