Decision Record
Pacific Direct Current Intertie Upgrade Project
Introduction and Project Background
On February 4, 2013, the Bonneville Power Administration (BPA) submitted a right-of-way
(ROW) application to the Bureau of Land Management (BLM) to upgrade their 265-mile Pacific
Direct Current Intertie (PDCI) project that extends from the Celilo Converter Station in The
Dalles, Oregon, south to the Nevada-Oregon border (see Figure 2.1-1 in the EA). This upgrade
would improve the reliability of the aging line. In addition, this upgrade would increase the north
to south transfer capability of the BPA portion of the PDCI from its current transfer capability of
3,100 to 3,220 megawatts (MW). The upgrade would allow the line to be operated at ±520
kilovolts (kV) in order to increase the transfer capability. The upgraded transmission line would
generally be similar to the existing PDCI line in design and appearance, but would authorize
additional road access and installation of four new dead-end towers.
Compliance with National Environmental Policy Act (NEPA)
Since approximately 137.4 miles of the PDCI utility line ROW crosses BLM-administered lands
within the Prineville and Lakeview Districts (see Table 2.1-3 of the EA), BLM agreed to act as a
cooperating agency and assisted BPA in preparing an environmental assessment (EA) in
accordance with the requirement of the National Environmental Policy Act (NEPA). BPA
completed the EA in August of 2014.
Alternatives
The EA analyzed two alternatives in detail: the Proposed Action and the No Action. Those
alternatives are summarized in the following section. The EA also considered several other
alternative actions, but did not address the potential impacts of these alternatives in detail for a
variety of reasons (see EA, section 2.3, pages 2-27 to 2-28).
No Action Alternative
The No Action Alternative served as the baseline for purposes of comparing the potential
impacts of the Proposed Action Alternative (see EA Chapter 3). Under the No Action
Alternative, BPA would not perform a systematic upgrade of the existing PDCI transmission
line, would continue to operate and maintain the transmission line in its current state using
existing access roads only, and would not include installation of four new dead-end towers.
Proposed Action Alternative
The Proposed Action Alternative included maintaining and upgrading the entire transmission line
and included the following activities across a variety of federal and private ownerships (see also
EA Chapters 2 and 3):
Installation and replacement of tower components, such as new hardware assemblies, insulators,
dampers, and shunts.
Replacement (reconductoring) of a 1.8-mile section of conductor to match the remaining line
conductor between towers 166/5 and 168/3.
Installation and replacement of corrosion protection anodes at the base of about 160 existing towers
to protect against tower corrosion
Improvement of about 210 miles of existing access roads.
Construction of 0.6 mile of new permanent access roads (on private land).
Continued use of existing access roads that do not require improvement.
Acquisition of access road easement rights and end easement rights where changes are needed.
Establishment of temporary staging areas for storage of materials.
Removal of vegetation where rocking is needed.
Revegetation of areas disturbed by construction activities.
Installation of four new dead-end towers along the existing transmission line.
August 2014 FLPMA Access Road Right-of-Way Decision
On August 22, 2014, BLM issued a decision authorizing BPA to implement most of the proposed
action alternative described above where the project crossed BLM-administered lands. However,
this decision did not authorize construction of the 4 new dead-end towers. That decision also
contained approval of a new FLPMA ROW to the BPA to use, maintain, and improve
approximately 17 miles of additional, existing access service roads on BLM-administered lands.
(The legal descriptions for the access road ROW were listed in Attachment A of the 2014
Decision and were shown on Map Sheets 6-14 of Appendix C of the EA).
Current Decision
My current decision is to issue a new ROW grant to BPA to authorize construction of 4 new
dead-end towers on BLM-administered lands. The ROW grant is being issued under Title V of
the Federal Land Policy Management Act (FLPMA). The potential impacts of tower
construction were adequately analyzed in the 2014 EA and were not significant. The towers will
be located along the existing BPA transmission line between towers 141/2 and 141/3, 159/2 and
159/3, 175/1 and 175/2, and 199/2 and 199/3 (see attached Figure 3.2-1 from the EA; see also Map
Sheets 8-11 of Appendix C of the EA). Legal descriptions for these tower locations are:
Tower
1
2
3
4
District
Prineville
Lakeview
Lakeview
Lakeview
Appendix C Map Sheet#
8
9
10
11
Legal Description
T 22 S, R 17 E, Section 9 SW 1/4
T 24 S, R 18 E, Section 35 SE 1/4
T 27 S, R 20 E, Section 7 NW 1/4
T 30 S, R 21 E, Section 25 NW 1/4
Mitigation and Monitoring
BPA-proposed mitigation measures for the entire project, including the 4 dead-end towers, are
summarized in Table 2.1-7 of the EA and would be implemented where appropriate to minimize
potential impacts to land uses and recreation, geology and soils, upland vegetation, wildlife, fish
and water, wetlands, floodplains, visual quality, air quality, socioeconomics and public services,
cultural resources, noise, public health, and safety.
In addition, BPA developed a Wildlife Habitat Mitigation Plan which included measures to
avoid, minimize, restore/rehabilitate, and compensate for wildlife habitat impacts (see Chapter 3
and Appendix A of the EA). These measures will be implemented on BLM-administered lands.
Terms, Conditions, and Stipulations
BPA will be required to comply with additional terms, conditions, and stipulations attached to
the FLPMA ROW grant.
Conformance with the Federal Land Policy and Management Act (FLPMA) and the
Governing Land Use Plans
Conformance with the FLPMA and the governing land use plans is discussed in detail in Section
4.2.1 of the EA. The FLPMA requires that BLM prepare land use plans providing multiple use
direction for management of public lands. The FLPMA also requires that all approved
management actions conform to the goals and management direction contained in the applicable
land use plan (43 CFR 1610.5-3).
BLM is authorized by the FLPMA and its implementing regulations to issue or amend right-ofway grants for facilities and systems, including transmission and distribution systems.
Specifically, pursuant to 43 CFR 2801.2, BLM may grant rights-of-way and control their use on
public lands in a manner that: (a) protects the natural resources associated with public lands and
adjacent lands, whether private or administered by a government entity; (b) prevents unnecessary
or undue degradation to public lands; (c) promotes the use of rights-of-way in common,
considering engineering and technological compatibility, national security, and land use plans;
and (d) coordinates, to the fullest extent possible, all BLM actions under the regulations in this
part with state and local governments, interested individuals, and appropriate quasi-public
entities. In fulfilling these obligations, the BLM decision-maker may include terms, conditions,
and stipulations determined to be in the public interest.
The PDCI project crosses lands administered by the Prineville and Lakeview Districts of the
BLM which are managed in accordance with four resource management plans (RMPs). The four
dead-end towers fall within two of these planning areas. Conformance with these two plans is
discussed below.
Brothers/La Pine RMP/ROD (1989)
My decision conforms with the Brothers/La Pine RMP/ROD Rights-of-Way and Utility and
Transportation Corridors Management Direction which states, “Public lands will continue to
be available for rights-of-way, including multiple use and single use utility/transportation
corridors following existing routes, communication sites and roads. All designated areas of
critical environmental concern and wilderness study areas will be considered right-of-way
exclusion areas… Public lands will continue to be available for local rights-of-way,
including multiple use and single use utility/transportation corridors following existing
routes, communication sites and roads” (pages 29 and 33).
Lakeview RMP/ROD (2003)
My decision conforms with the Lakeview RMP/ROD. Specifically, the dead-end towers fall
within a designated utility corridor (see Map L-8). Further, “applicants for electrical
transmission lines greater than 69 kilovolts, all mainline fiber optics facilities, and pipelines
greater than 10 inches in diameter will be encouraged to locate their facilities within designated
corridors. A width of 2,000 feet (1,000 feet each side of centerline) is considered an
appropriate/reasonable width to provide engineering flexibility, system compatibility, and
reliability factors, and will be used for purposes of this plan” (page 94).
Authorizing the dead-end towers also conforms to the Lands and Realty Management Goal 2 to
“meet public needs for land use authorizations such as rights-of-way, leases, and permits” (page
93). The management direction states, “applications for rights-of-ways, leases, permits, and
other forms of land use authorization, with exception of rights-of-way corridors within WSAs and
SMAs (which are addressed separately) will be processed in a timely fashion, on a case-by-case
basis, in compliance with the NEPA process” (page 94).
Tribal Consultation
BPA identified 10 tribes that may have a potential interest in the proposal, based on their historic
or current use of the land in the project area: the Burns Paiute Tribe, Cedarville Rancheria
Northern Paiute Tribe, Confederated Tribes of the Umatilla Indian Reservation, Confederated
Tribes of the Warm Springs Reservation, Cow Creek Band of Umpqua Tribe of Indians, Fort
Bidwell Indian Community, Fort McDermitt Paiute-Shoshone Tribe, Confederated Tribes and
Bands of the Yakama Nation, Summit Lake Paiute Tribe, and the Klamath Tribes. BPA initiated
consultation by requesting comments from these tribes regarding their concerns and potential
impacts to cultural resources in the project area. BPA received only one response from the Cow
Creek Band of the Umpqua Tribe, which deferred comments to other interested tribes.
Public Outreach and Comments
Scoping
BPA conducted public scoping outreach for the project through a public letter, a project website,
and public meetings. On September 24, 2012, BPA sent a letter to 362 people potentially
interested in or affected by the proposed project, including adjacent landowners, public interest
groups, local governments, tribes, and state and federal agencies. The letter explained the
proposal, the environmental process, and how to participate. The public letter was posted on the
project website at: www.bpa.gov/go/PDCIUpgrade.
BPA held three public scoping meetings, one each in Lakeview, Prineville, and The Dalles,
Oregon, in October 2012. The public comment period for the project began on September 24,
2012, and BPA accepted comments until October 29, 2012.
A total of 23 people attended the public scoping meetings; nine attended the Lakeview meeting,
ten attended the Prineville meeting, and four attended The Dalles meeting. Comments were
provided during the meetings, and written comments were also received from 17 individuals and
agencies. Comments received during the comment period were considered in the environmental
analysis and can be found in their entirety on the project website. Comments were received on
land use, recreation, vegetation, wildlife, and water. These topics were addressed in the
appropriate sections in the draft EA (refer to EA, pages 1-4 to 1-6).
Review of EA
BPA released their Draft EA for review on January 31, 2014. The Draft EA was posted on their
project website and sent to those listed in Chapter 5 who requested hard copies. Others in
Chapter 5 were notified that the Draft EA was available for review on the BPA website. Both
Lakeview and Prineville BLM also posted links to the BPA website on their respective NEPA
websites. During the review period, BPA accepted comments orally, via e-mail, and by letter.
The comment period ended on March 3, 2014. BPA considered all comments received during
the review period in preparing the Final EA. Chapter 6 included copies of all comments
received along with responses to all substantive comments.
Notification of 2014 Decision Record
In August of 2014, BLM sent a decision to the proponent (BPA), 9 tribes, and all those who
commented on the EA. In addition, this decision and the Finding of No Significant Impact
(FONSI) were posted on both the Lakeview and Prineville District’s websites.
Notification of Current Decision
BLM has sent this current decision to the proponent (BPA), 9 tribes, and all those who
previously commented on the EA. In addition, this decision has been posted on both the
Lakeview and Prineville District’s websites.
Appeal Procedures
This decision constitutes my final decision and may be appealed to the Interior Board of Land
Appeals (IBLA), in accordance with 43 C.F.R. Part 2804.1(a) and Part 4. Your notice of appeal
must be filed in this office (BLM District Manager, 1301 South G Street, Lakeview, OR 97630)
within 30 days from receipt of this decision and should include a clear statement of reasons. The
notice of appeal must be in written paper form and sent via certified mail. A notice of appeal
transmitted electronically (e.g. email, facsimile, or social media) will not be accepted.
If you choose to file a statement of reasons separately from your notice of appeal, you must file it
with the Interior Board of Land Appeals, Office of Hearings and Appeals, 801 North Quincy
Street, Arlington, VA 22203, within the same 30-day appeal period. You have the burden of
showing that the decision is in error.
Stay of the Final Decision
This decision shall remain effective pending appeal in accordance with 43 C.P.R. Part 2804.1(b).
If you wish to file a petition for a stay (suspension) of this decision during the time that your
appeal is being reviewed by the IBLA, this petition must be filed with the Office of Hearings and
Appeals (U.S. Department oflnterior, Departmental Hearings Division, South Main Street, Suite
400, Salt Lake City, UT 84111 ). A copy of your petition for stay must also be submitted to me.
If you request a stay, you have the burden of proof to demonstrate that a stay should be granted,
based on the following standards.
Standards for Obtaining a Stay
Except as otherwise provided by law or other pertinent regulations, a petition for a stay of a
decision pending appeal shall show sufficient justification based on the following standards:
(1) The relative harm to the parties if the stay is granted or denied,
(2) The likelihood of the appellant's success on the merits,
(3) The likelihood of immediate and irreparable harm ifthe stay is not granted, and,
(4) Whether the public interest favors granting the stay.
Additional Service Requirements
Copies of the notice of appeal, statement of reasons, and petition for a stay must also be served
with the Project Proponent (Carolyn Sharp, KEC-4, BPA, P.O. Box 3621, Portland, OR 972083621) and with the Department of the Interior Solicitor (U.S. Department oflnterior, Office of·
the Regional Solicitor, 805 SW Broadway, Suite 600, Portland, OR 97205) at the same time the
original documents are filed with this office (see 43 C.P.R. 4.413).
Implementation
Issuance of the ROW grant to BP A will follow the signing of this Decision Record. The
construction of the 4 dead-end towers may commence once the ROW grant amendment has been
signed by both the BP A and BLM.
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