Xcel Energy had received a letter from the Federal Energy Regulatory Commission acknowledging receipt of the minimum flow deviation report, filed with the Federal Energy Regulatory Commission on November 12, 2025, for the Cabin Creek Pumped Storage Hydroelectric Project No. 2351. For the reasons discussed below, the Federal Energy Regulatory Commission will not consider the deviation to be a violation of the project license.
U. S. Forest Service 4(e) condition 28 of the project license requires Xcel Energy, in part, to release into South Clear Creek downstream of the Lower Reservoir, a minimum flow of at least three cubic feet per second (cfs) or the natural inflow to the Lower Reservoir, whichever is less, as measured at the inlet of Parshall flume (or its replacement). Under the following circumstances, condition 28 allows for the flow to be temporarily modified, for a period of time not to exceed 24 hours: (1) to complete required inspections; or (2) in the event of an equipment malfunction or operating emergencies reasonably beyond Xcel Energy's control. If the streamflow is so modified, Xcel Energy shall provide notice to the Federal Energy Regulatory Commission and the U. S. Forest Service describing the reasons for, and duration of, the modification as soon as possible, but no later than 30 days after such incident.
In the filing, Xcel Energy stated that the gate that allows flow from the Lower Reservoir was closed to safely complete an inspection of the Lower Reservoir outlet tunnel as required by the Federal Energy Regulatory Commission?s Division of Dam Safety and Inspections San Francisco Regional Office (D2SI ? SFRO). The gate was closed from approximately 0830 hours until 1050 hours on October 21, 2025.
While Xcel Energy noted that flows in the channel were ?never zero? because of leaks from a closed valve and a nearby relief well system, Xcel Energy did not provide an estimate of the instream flows into South Clear Creek during the deviation period. Based on review of the available information, the Federal Energy Regulatory Commission will not consider this incident to be a violation of the license.
The deviation was a result of an inspection of the Lower Reservoir outlet tunnel as required by D2SI ? SFRO and did not exceed 24 hours. Xcel Energy reported the deviation as required to the U. S. Forest Service.
As previously explained in a letter from the Federal Energy Regulatory Commission on November 8, 2023, it is incumbent upon Xcel Energy to include estimates of the remaining instream flows during the deviation to the best of Xcel Energy's ability in reports to assist Federal Energy Regulatory Commission staff in evaluating the impacts of the deviation on aquatic resources. While this incident will not be considered a violation, it will be made a part of the compliance history for the project and considered in the course of review of any similar future incidents to determine appropriate Federal Energy Regulatory Commission action.
