The R-Project will increase the reliability of NPPD’s transmission system, relieve congestion on NPPD’s existing system, and provide additional opportunities for development of renewable projects. Along with these regional benefits, the R-Project will greatly improve reliability in the North Central portion of Nebraska, which is currently still vulnerable to service interruptions during high summer peak loading conditions.
Because the R-Project will cross habitat of the threatened American burying beetle (ABB), NPPD sought an incidental take permit (ITP) under the Endangered Species Act from the U.S. Fish and Wildlife Service (Service). On June 12, 2019, after a permitting process spanning more than six years, which included the Service’s preparation of a final environmental impact statement, the Service issued an ITP to NPPD for the R-Project.
In July 2019, a group of R-Project opponents filed a lawsuit challenging the Service’s decision under the ESA, the National Environmental Policy Act, and the National Historic Preservation Act. On June 17, 2020, the U.S. District Court for the District of Colorado issued its decision. While the court found in favor of the Service and NPPD on several counts, it identified certain discrete errors in the Service’s decision-making process. The court thus vacated and remanded the ITP to the Service for further proceedings consistent with the court’s order.
In response to the Court vacating the ITP, NPPD provided updates to the Service for the data and information in the original HCP and the Migratory Bird Conservation Plan that occurred since the remand. NPPD provided additional information to the Service regarding the routes considered, as well as updated information on the continuing need and benefits of the project. The construction of the Holt County substation was removed from the R-Project. NPPD prepared the R-Project Transmission Line Revised HCP and submitted the ITP application.
The Service has prepared a draft Supplemental Environmental Impact Statement to address the issues identified by the Court and to address new information and changed circumstances, as relevant, to the R-Project revised HCP and ITP application. The ITP application submitted by NPPD addresses the potential take of the ABB associated with the revised HCP’s covered activities, which include components of the construction, operation, and maintenance associated with the R-Project.
What’s next?
The Service is now preparing responses to the comments received from the public on the new documents published by the Service. The Service is also holding Section 106 Consultation meetings with Consulting Parties and Tribes regarding the draft Cultural Resources Inventory Report and draft programmatic agreement.
Once those processes are complete, the Service will issue a Record of Decision regarding NPPD’s application for an ITP for the ABB.
More information regarding the R-Project can be found on the Federal Register website.
