Labor Group CURE Sues Interior
January 3, 2011 - California Unions for Reliable Energy (CURE) sued the Secretary of the Interior and the Bureau of Land Management, claiming the 250-megawatt Genesis project will pump too much groundwater from the Chuckwalla Basin. Because the aquifer is hydrologically connected to the Colorado River, the groundwater pumping must be viewed as withdrawal from the Colorado River, and subject to all the restrictions of the multistate Colorado River Compact, or "Law of the River," according to the complaint in Los Angeles Federal Court.
The Genesis Solar Energy Project will use about 202 acre-feet of water per year, according to the complaint. An acre-foot is enough water to cover an acre 1 foot deep. City planners consider 1 acre foot enough water for one suburban home for a year.
The project will use about 2,440 acre-feet of water during construction, the complaint states.
"The Genesis Project's sole source of water will be groundwater pumped from an area of the Chuckwalla Valley Groundwater Basin, which the United States Geological Survey determined to be hydrologically connected to the Colorado River," according to the complaint.
Genesis Solar is a wholly owned subsidiary of NextEra Energy Resources, of Juno Beach, Fla., which is a consortium of FPL Group and Florida Power & Light.
The plaintiffs - CURE and two people - claim the federal government's "hasty approval" of the Genesis Project violation the National Environmental Policy Act, because BLM "did not adequately analyze and mitigate the Genesis Project's impact on the adjudicated and fully appropriated Colorado River, and violated FLMPA [the Federal Land Management and Policy Act] and the Administrative Procedure Act ('APA') by not acting in accordance with the Law of the River."
CURE wants the approvals and rights of way vacated, and withdrawal of groundwater from the basin and "any ground-disturbing activities" enjoined until the defendants comply "with the substantive and procedural mandates of NEPA and FLMPA."
Genesis Solar, however, says that the water used to generate power will be returned to the aquifer in discharge ponds. The amount lost to evaporation could be subject to wildly differing estimates, depending whether it is simply dumped under the open sky, dumped into covered ponds, or injected into the ground.
The substantive claim about the Law of the River, while also procedural, could stop the project for decades, as all seven states with a claim to Colorado River water would presumably have to be consulted and weigh in on it.
^Ironwood tree on the Genesis project site.
Salazar Approves Genesis
November 4, 2010 - Secretary of the Interior Ken Salazar approved the Genesis Solar Project, a 250 megawatt facility that will use parabolic trough solar thermal technology.
“The Genesis Solar Project will help stimulate the economy and create more than a thousand new jobs in California,” Secretary Salazar said in signing the Record of Decision. “This is the seventh renewable energy project approved through the fast-track process in less than four weeks -- a giant leap forward in meeting the President's goals for developing domestic energy resources, reducing carbon emissions, promoting energy independence, and enhancing our national security.”
Proposed by Genesis Solar LLC, a subsidiary of NextEra Energy Resources, the facility will be located on nearly 1,950 acres of public land 25 miles west of Blythe, in Riverside County, California. The decision today authorized Interior’s Bureau of Land Management (BLM) to offer Genesis Solar a right-of-way grant to use these public lands for 30 years if all rents and other conditions are met.
Salazar commended California Governor Arnold Schwarzenegger and the people of California for their foresight and extraordinary level of cooperation. “This fast-track renewable projects process clearly demonstrated how separate government processes can be streamlined, without cutting any corners or skipping any environmental checks and balances in the process,” Salazar said.
“Less than a year ago, the BLM committed to helping diversify our country's energy portfolio in an environmentally responsible manner. Today, we are approving our seventh major solar generating project,” said BLM Director Bob Abbey. “This clearly demonstrates our ability to site large-scale renewable energy projects appropriately on public lands.”
The Genesis project has undergone extensive environmental review, starting with public scoping in November 2009, followed by a draft environment impact statement (EIS) with full public involvement in March 2010 and a final EIS August 27, 2010. Genesis Solar is providing funding for more than 2,000 acres of desert tortoise and Mojave fringe-toed lizard habitat to mitigate the project’s impacts. Genesis also will employ a dry cooling plan, instead of a wet-cooling alternative, to reduce the project’s projected water use from 1,400 acre-feet per year to only 200 acre-feet a year.
Through the American Recovery and Reinvestment Act’s payments in lieu of tax credits for specified energy program, Genesis Solar can apply for payments of up to 30 percent of the eligible costs of the Genesis Solar Energy Project—about $300 million.
http://latimesblogs.latimes.com/technology/2010/11/genesis-solar-project-approval.html
California Energy Commission Licenses Project
September 29, 2010 - >>here.
BLM Final Environmental Impact Statement Out
August 30, 2010 - Notice of Availability of the Final Environmental Impact Statement for the Genesis Solar, LLC Genesis Solar Energy Project and Proposed California Desert Conservation Area Plan Amendment, from the Bureau of Land Management.
SUMMARY: In accordance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) has prepared a Proposed California Desert Conservation Act Plan Amendment/Final Environmental Impact Statement (EIS) for Genesis Solar LLC's Genesis Solar Energy Project (GSEP) and by this notice is announcing
its availability.
DATES: The publication of the Environmental Protection Agency's (EPA) Notice of Availability (NOA) of this Final EIS in the Federal Register initiates a 30-day public comment period. In addition, the BLM's planning regulations state that any person who meets the conditions as described in the regulations may protest the BLM's Proposed CDCA Plan Amendment. A person who meets the conditions and files a protest must
file the protest within 30 days of the date that EPA publishes its NOA in the Federal Register.
ADDRESSES: Copies of the Proposed Plan Amendment/Final EIS for the GSEP have been sent to affected Federal, state, and local government agencies and to other stakeholders. Copies of the Proposed Plan Amendment/Final EIS are available for public inspection at the Palm Springs South Coast Field Office, 1201 Bird Center Drive, Palm Springs,
California 92262. Interested persons may also review the document at the following Web site: http://www.blm.gov/ca/st/en/fo/palmsprings/Solar_Projects/Genesis_Ford_Dry_Lake.html. Submit comments on the Final EIS to the Palm Springs South Coast Field Office at the address above or e-mail them to CAPSSolarNextEraFPL@blm.gov.
All protests must be in writing and mailed to one of the following addresses:
Regular Mail: BLM Director (210), Attention: Brenda Williams, P.O. Box 66538, Washington, DC 20035.
Overnight Mail: BLM Director (210), Attention: Brenda Williams, 1620 L Street, NW., Suite 1075, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT: Allison Shaffer, BLM Project Manager, telephone (760) 833-7100; address (see ADDRESSES, above); or e-mail
CAPSSolarNextEraFPL@blm.gov.
SUPPLEMENTARY INFORMATION: Genesis Solar, LLC has submitted an application to the BLM for development of the proposed GSEP, which would consist of two independent solar electric generating facilities with a nominal net electrical output of 125 megawatts (MW) each, resulting in a total net electrical output of 250 MW. The Proposed
Action would be designed to utilize solar parabolic trough technology to generate electricity. Genesis Solar, LLC is seeking a right-of-way (ROW) grant for approximately 4,640 acres of land. Construction and operation of the Proposed Action would disturb a total of about 1,800 acres within the site boundaries, and approximately 90 acres for linear facilities and drainage features outside the site boundaries. The proposed GSEP would be approximately 27 miles east of the unincorporated community of Desert Center and 25 miles west of the Arizona-California border city of Blythe in Riverside County,
California. The Applicant proposes to construct the GSEP in two phases, which
would be designed to generate a combined total of approximately 250 MW of electricity. Phase 1 would consist of the Unit 1 (western) power block, access road, natural gas pipeline, and electric transmission line. Phase 2 would consist of the Unit 2 (eastern) power block. The project would also include above-ground and subsurface fiber optic lines.
The overall site layout and generalized land uses are characterized as follows:
1. 250-MW facility including solar generation facilities; on-site switchyard (substation); administration, operations, and maintenance facilities: approximately 1,800 acres.
2. Two wastewater evaporation ponds: Up to 30 acres each (located within the 1,800-acre site).
3. A new generation-tie line to route generated electrical power transmitted from the GSEP switchyard by way of a southeasterly ROW, that would connect to the Southern California Edison 500-230 kV Colorado River substation via the existing Blythe Energy Project Transmission Line between the Julian Hinds and Buck substations.
4. Additional linear facilities off-site, including a 6.5-mile access road and natural gas pipeline.
5. Surface water control facilities for storm water flow and discharge.
6. Temporary construction laydown area(s) within the larger site footprint. No additional laydown areas outside the project footprint are contemplated.
Access to the site would be via a new 6.5-mile long, 24-foot wide (approximately 18.9 acres) paved access road extending north and west from the existing Wiley's Well Road. Wiley's Well Road is accessible by both eastbound and westbound traffic off Interstate 10 at the Wiley's Well Road Interchange. The new access road would be constructed
entirely on BLM-administered land.
The BLM's purpose and need for the NEPA analysis of the GSEP project is to respond to Genesis Solar, LLC's application under Title V of FLPMA (43 U.S.C. 1761) for a ROW grant to construct, operate, and decommission a solar thermal facility on public lands in compliance with FLPMA, BLM ROW regulations, and other applicable Federal laws. The
BLM will decide whether to approve, approve with modification, or deny a ROW grant to Genesis Solar, LLC for the proposed GSEP project. The BLM will also consider amending the California Desert Conservation Act (CDCA) Plan of 1980, as amended, in this analysis. The CDCA Plan, while recognizing the potential compatibility of solar generation facilities
on public lands, requires that all sites associated with power generation or transmission not identified in that Plan be considered through the plan amendment process. If the BLM decides to grant a ROW, the BLM would also amend the CDCA Plan.
In the Final EIS, the BLM's Preferred Alternative is the direct dry cooling project alternative with a 250 nominal MW output which includes a CDCA Plan Amendment. In addition to the Preferred Alternative, the Final EIS analyzes the following alternatives: The proposed action with a 250 nominal MW output, wet-cooling technology and an amendment the CDCA Plan to make the area suitable for solar energy development; a
reduced acreage alternative which includes a 150 nominal MW output, wet cooling technology, and an amendment to the CDCA Plan to make the area suitable for solar energy development; and an amendment to the CDCA Plan without approving any project. As required under NEPA, the Final EIS analyzes a no action alternative, which would not approve the GSEP or amend the CDCA Plan. The BLM also analyzes an alternative that
denies the GSEP, but amends the CDCA Plan to designate the project area as suitable for other possible solar energy power generation projects, and an alternative to deny the project and amend the CDCA Plan to designate the project area as unsuitable for solar energy power generation projects. The BLM will take into consideration the provisions of the Energy Policy Act of 2005 and Secretarial Orders 3283 Enhancing Renewable Energy Development on the Public Lands and 3285A1 Renewable Energy Development by the Department of the Interior in responding to the GSEP application.
The Final EIS evaluates the potential impacts of the proposed GSEP on air quality, biological resources, cultural resources, water resources, geological resources and hazards, land use, noise, paleontological resources, public health, socioeconomics, soils,
traffic and transportation, visual resources, wilderness characteristics, and other resources.
A Notice of Availability of the Draft EIS/Staff Assessment for the proposed GSEP and Possible Plan Amendment to the CDCA Plan was published in the Federal Register on April 9, 2010 (75 FR 18204). Comments on the Draft RMP Amendment/Draft EIS/Staff Assessment received from the public and internal BLM review were considered and
incorporated as appropriate into the Proposed CDCA Plan Amendment/Final EIS. Public comments resulted in the addition of clarifying text and the change in the preferred alternative from wet cooling to dry cooling technology, but did not significantly change proposed land use plan decisions.
Instructions for filing a protest with the Director of the BLM regarding the Proposed CDCA Plan Amendment may be found in the "Dear Reader'' Letter of the Proposed CDCA Plan Amendment/Final EIS and at 43 CFR 1610.5-2. E-mailed and faxed protests will not be accepted as valid protests unless the protesting party also provides the original letter by either regular or overnight mail postmarked by the close of the protest period. Under these conditions, the BLM will consider the e-mail or faxed protest as an advance copy and it will receive full consideration. If you wish to provide the BLM with such advance
notification, please direct faxed protests to the attention of the BLM protest coordinator at (202) 912-7212, and e-mails to Brenda_Hudgens-Williams@blm.gov. All protests, including the follow-up letter to e-mails or faxes, must be in writing and mailed to the appropriate
address, as set forth in the ADDRESSES section above. Before including your phone number, e-mail address, or other personal identifying information in your protest, you should be aware that your entire protest--including your personal identifying information--may be made publicly available at any time. While you can ask us in your protest to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
Energy Commission Gives Preliminary Approval
August 19, 2010 - Sacramento - A California Energy Commission siting committee is
recommending the approval of the planned Genesis Solar Energy Project in Riverside County.
In its presiding member's proposed decision (PMPD) released today, the committee said the proposed 250-megawatt facility, as mitigated, will have significant impacts on the environment. However, the benefits of the project would override those impacts.
Over the past month, the Energy Commission has issued proposed decisions
recommending the approval of more than 2,100 megawatts of solar power, including Genesis Solar Energy Project. The other projects that are recommended to be considered for a license to construct are the 250 MW Abengoa Mojave Solar Project; the 250 MW Beacon Solar Energy Project; the 1,000 MW Blythe Solar Power Project; and the 370 MW Ivanpah Solar Electric Generating System Project.
The PMPD is not a final decision on the project. The committee released the document for 30 days of public comment and will consider input before bringing the proposed decision to the full five-member Commission. The entire document can be found on the Commission's website at: http://www.energy.ca.gov/sitingcases/genesis_solar/documents/
The Genesis Solar Energy Project, is proposed by Genesis Solar LLC, a subsidiary of NextEra Energy Resources, LLC. The project would be comprised of two 125-megawatt solar units. Electric power would be produced using steam turbine generators fed from solar steam generators. The solar steam generators receive heated transfer fluid from solar thermal equipment comprised of arrays of parabolic mirrors that collect energy from the sun.
The project site is located in Riverside County, California, approximately 25 miles west of Blythe, on lands managed by the federal Bureau of Land Management in the Sonoran Desert. The site would occupy approximately 1,800 acres north of Ford Dry Lake and about four miles north of Interstate 10. If approved by the full Commission, the project
would start construction in the fourth quarter of 2010, with commercial service by the second quarter of 2013.
The federal government and the State of California have established the need for the nation and state to increase the development and use of renewable energy in order to enhance the nation's energy independence, meet environmental goals, and create new economic growth opportunities.
For more information on Gov. Arnold Schwarzenegger's Executive Order to advance the state's Renewables Portfolio Standard, go to: http://gov.ca.gov/press-release/13273
More information on the Genesis Solar Energy Project Solar is available at: http://www.energy.ca.gov/sitingcases/genesis_solar/
Cultural Issues Addressed in Video
July 29, 2010 - La Cuna de Aztlán (With Updated Comments By Chemehuevi Tribal Chairman, Charles Wood), video by Robert Lundahl. http://www.vimeo.com/13650564
Evidentiary Hearing
July 12 and 13, 2010 - Sacramento, California
In Chuckwalla Valley, Riverside County, there was a big win for the desert: NextEra Energy has refused to propose anything but wet-cooling for its 250-MW parabolic trough solar thermal plant, but at California Energy Commission evidentiary hearings this week it agreed to formally turn to dry-cooling to save pumping groundwater, which CEC argues is actually part of the Colorado River groundwater basin. (See Business Wire)
Genesis agreed to reduce its groundwater use from 1,644 acre-feet per year (afy) in the wet-cooling design, to 202 afy by using dry-cooling.
Disagreement over groundwater models between the three basins regionally went unresolved. The Genesis solar project would dig wells in the Chuckwalla Valley groundwater basin, which communicated to the east with the Palo Verde Mesa groundwater basin, and in turn to the southeast to the Palo Verde Valley groundwater basin along the Colorado River, a large area of irrigation. Genesis contended that the amount of water it would offset should be taken at the Chuckwalla Valley-Palo Verde Mesa boundary, and that an entitlement to adjudicated Colorado River groundwater was not needed at this time. Genesis said this would be a higher level of mitigation.
The California Energy Commission (CEC) agreed with this, but had differing models of groundwater and argued on how to mitigate under the California Environmental Quality Act. They disagreed with the impacts, stressing that the Colorado River was already overdrawn, and that the project would indeed impact the river.
One model showed an outflow of 400 afy from Chuckwalla Valley basin to the Palo Verde basin, and Genesis would mitigate around 50 afy.
^Palo Verde Mesa along the Colorado River, with the McCoy Mountains behind, just north of Blythe, California.
When the project pumps 202 afy, the applicant admitted that there will be some increase of inflow as the well draws in water, and this will be noticed in the western Chuckwalla Valley and the tributary to the north. This will result in less flow (estimated to be approximately 52 afy) to the east, to Palo Verde Mesa.
Construction water use for three years was incorporated into their model, according to Genesis. After three years there would be 9 afy less flow east from Chuckwalla Valley groundwater basin east to Palo Verde basin; after 5 years this would increase to 29 afy, and at 33 years it would amount to 52 afy. It was assumed that no recharge occurred in the Chuckwalla Valley basin. The drawdown would take some time to propagate to the Chuckwalla Valley-Palo Verde Mesa boundary. The applicant did no modeling in the Palo Verde Mesa basin, but predicted a "very slight" lowering of the water table there.
Impacts would hit in the areas of subsidence, water quality, the local well-owner's ability to use the well, and impacts to biological resources. Genesis concluded these would not be significant to the Palo Verde Mesa area.
After the 30 or so year lifespan of the solar project, recovery of the groundwater might take 5-6 years after cessation of pumping, mirroring the initial drawdown. CEC recommended including recovery recharge in the model, and as part of their Conditions of Certification.
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