Hydropower Reform Coalition - settlement

Settlement reached for Klamath's future

Rupak Thapaliya — Wed, 16 Jan 2008 12:18:16 -0600

Project: Klamath : P-2082

After years of negotiations, the Klamath River Basin Restoration Agreement, or simply a settlement agreement was finalized yesterday. The settlement agreement aims to restore salmon population, revitalize commercial fishing and support farming by local tribes while also hoping that irrigation water will be more appropriately allocated. Pacific Corps, the owner of the project, however, did not participate in the the settlement.

On the other hand, discussions for the removal of the four dams is still ongoing. Last month, FERC, in its Environmental Assessment determined that dam removal would be the most economical option.

Read the LA Times article on the settlement here.

The cost of removing dams on Michigan's Muskegon Au Sable and Manistee rivers

Rebecca Sherman — Wed, 06 Jun 2007 14:24:59 -0500

Project: Croton : P-2468 | Hardy : P-2452 | Rogers : P-2451

Thanks to a 1992 settlement, Consumers Power earned new licenses for eleven hydroelectric dams on the Muskegon, Manistee, and Au Sable rivers. As a condition of the new licenses, several dams were reoperated to release natural flows and Consumers funded extensive fish mitigation measures. Fish passage was to be constructed at all projects, and Stronach Dam was removed.

Another condition of the settlement required Consumers to study retirement of all of its dams, including reviewing what steps were necessary, what options for retirement exist for each facility, the likelihood of early retirement, and costs associated with retiring the entire project.

Consumers Energy recently published its report, saying that the cost of removal would be $99 million. They have no plans to retire any of the dams before the licenses expire in 2034.

As the Muskegon Chronicle reported on June 6, Coalition steering committee member Michigan Hydro Relicensing Coalition felt that the study was important:

Jim Schramm, the attorney for the Michigan Hydro Relicensing Coalition, said the Consumers dams do more harm than good.

"These dams are not producing green power," Schramm said. "The adverse impacts these dams have on rivers and fisheries far outweigh any positive impact from the electricity they generate."

Schramm said some of Consumers' dams that violate state water quality standards, including Croton and Hardy, may have to be removed in 2034 if the utility cannot figure out ways to lower water temperatures and increase oxygen concentrations downstream of the structures.

Gary Noble, executive director of the Muskegon River Watershed Assembly, said it is too early to say that the Croton, Hardy and Rogers dams should remain in place beyond the year 2034.

"We're not going to sit by and let Consumers say 'let's keep the dams forever,' " Noble said.

"If society determines the dams are still of value and the benefits outweigh the negatives, then maybe the dams should remain in place," Noble said. "But to indicate now that the dams are not going to come out 27 years from now is premature."

Fish health and diversity: justifying flows for a California stream

admin — Wed, 04 Apr 2007 10:18:22 -0500

Source:

Volume: Vol. 23(7) 6-15

Year: 1998

Abstract

Efforts by a citizen's group, Putah Creek Council, to improve the flow regime of a California stream for ecosystem, aesthetic, recreational, educational, and research purposes led to a successful court trial in which fish conservation played a key role. A major issue around which the trial revolved was the proper interoperation of section (5937) of the California Fish and game Code, which states that fish must be maintained in "good condition" below a dam. We defined good condition to mean there had to be healthy individual fish in healthy populations that were part of healthy biotic communities. This definition resulted in a conceptual model for instream flows for the creek that favored native resident and anadromous fishes. The stream flow recommendations from this model had four components: living space flows for the entire creek, resident native fish spawning and rearing flows, anadromous fish flows, and habitat maintenance flows. The trial judge, in attempting to balance competing demands for the water, ordered the implementation of only the first two recommendations. The order has been appealed by the water interests, but regardless of the final outcome, the court's decision reflects the growing public interest in protecting streams, the need for innovative use of existing legal tools to try and protect aquatic resources, and the importance of biological information in developing flow recommendations for complex fish assemblages.

Author(s)

Moyle , P.B. , Marchetti , M., Baldrige , J.,

Contact

Notes

Power distribution in complex environmental negotiations: does balance matter?

admin — Wed, 04 Apr 2007 10:18:17 -0500

Source:

Volume: Vol. 7(2) 247-275

Year: 1997

Abstract

We studied six interagency negotiations covering Federal Energy Regulatory Commission (FERC) hydroelectric power licenses. Negotiations occurred between state and federal resource agencies and developers over project operations and natural resource mitigation. We postulated that a balance of power among parties was necessary for successful negotiations. We found a complex relationship between balanced power and success and conclude that a balance of power was associated with success in these negotiations. Power played a dynamic role in the bargaining and illuminates important considerations for regularoty design.

Author(s)

Burkardt, N., Lamb, B.L., Taylor, J.G.

Contact

Notes

Clackamas River's Final Environmental Impact Statement Released

Rebecca Sherman — Thu, 21 Dec 2006 16:37:50 -0600

Project: North Fork : P-2195 | Willamette Falls : P-2233

On December 21, 2006, FERC released the final environmental impact statement (FEIS) for the five-dam Clackamas River Project only miles east of Portland, Oregon. While the final is an improvement over the draft, Clackamas River settlement parties say that there are still many problems with FERC's treatment of measures from the settlement agreement.

The FEIS fails to adequately address lamprey issues. FERC rejected measures on the Clackamas that it accepted in the Willamette Falls license. Arguably, FERC will utlimately have to include these measures if the Fish and Wildlife Services uses its FPA Section 18 mandatory conditing authority.

FERC struck provisions that would provide funding to third parties, citing that the obligation should be on the licensee. It also struck provisions that called for a backup fund if a particular measure did not work. FERC rejected the measures as undefined and possibly unnecessary. Whether or not they are sensible, these actions are consistent with the Settlement Policy Statement.

As an improvement to the DEIS, FERC incorporated the entire comprehensive fish passage program, which included adaptive management. FERC also recommended the Habitat Fund.

Finally, FERC revised its DEIS rationale for eliminating certain measures ("too much mitigation") and instead adopted more thoughtful language from the Settlement Policy Statement.

The Clackamas Settlement Agreement was signed in March 2006 by 33 parties. The Project is owned by Portland General Electric.

FERC issues policy statement on hydro licensing settlements

John Seebach — Thu, 21 Sep 2006 14:00:00 -0500

Two very important things happened at FERC's open commission meeting this week.

First, the Commission welcomed three brand-new commissioners: Philip Moller, Marc Spitzer, and Jon Wellinghoff. This marks the first time that FERC has had its full complement of five Commissioners since the Commission's 1997-2000 term. FERC had been operating with three commissioners after former Chairman Pat Wood resigned at the end of his term in June 2005, and had even briefly dropped to a commission of two after Nora Brownell's departure this summer. We welcome the new commissioners and wish them the best during their tenure.

At the meeting, the Commission also unveiled its new policy statement on hydropower licensing settlements (read FERC's press release). There has been growing concern -- and frustration -- among licensing stakeholders over FERC's treatment of comprehensive settlement agreements. In many cases, FERC has issued licensing orders and environmental impact documents that undermine or flatly contradict settlement terms that took parties years to negotiate. Parties (including the Coalition, which rated a mention in Chairman Kelliher's statement) complained about the resulting confusion and uncertainty, prompting FERC to develop this new guidance.

Thanks in large part to Commissioner Moller and the other new commissioners, FERC has invited the public to submit written comments on this policy. Comments are due on November 11, 2006, and can be filed using FERC's electronic filing system, referencing docket number PL06-5-000. See the text of the policy statement for more details.

The Hydropower Reform Coalition will be submitting detailed comments, and we encourage our members and others with hydro licensing settlement experience to submit comments as well. Alternately, you are welcome to send us your thoughts so that we can incorporate them into our comments.

Oroville Settlement Benefits Feather River and Local Community

John Seebach — Tue, 21 Mar 2006 06:00:00 -0600

Project: Oroville : P-2100

Contact:
Steve Rothert, American Rivers: 530-277-0448
Amy Kober, American Rivers: 206-213-0330 x23

Oroville, CA -- Salmon and steelhead of the Feather River, along with the many people who fish and boat there, will benefit from an agreement covering operations of the Oroville hydroelectric project, to be signed today in Oroville. American Rivers praised settlement parties for reaching this agreement, which forms the basis of a new 50-year operating license for the project.

The agreement is the result of two years of negotiations among over 40 parties including American Rivers, federal and state agencies, local governments, water providers and Native American tribes. It will now be submitted to the Federal Energy Regulatory Commission for approval.

"For years the Oroville project has harmed salmon and steelhead habitat and has limited opportunities for fishing, boating and other recreation," said Steve Rothert of American Rivers. "This agreement restores some balance to the river, and includes many benefits for clean water, fish and wildlife and local communities."

At 770 feet high, Oroville Dam is the tallest in the United States. It is the main water storage facility for California's State Water Project, which supplies water to some 23 million municipal and agricultural customers from San Diego to Redding. Owned by the state and operated by the Department of Water Resources (DWR), the project has a generating capacity of 750MW.

The water supply and hydropower operations of Oroville Dam cause significant adverse impacts to the Feather River, including the degradation and loss of spawning and rearing habitat for listed spring run Chinook and steelhead trout, degraded water quality, loss of beneficial sediments and large woody debris, and diminished river recreation opportunities.

"We have a responsibility to fix some of the damage dams cause to our rivers," Rothert said. "It is simple common sense to bring these old dams up to date with today's science, technology, and laws. This agreement for Oroville Dam makes both environmental and economic sense."

The agreement will remedy some of the impacts caused by the project's operations. Key components include:

Restored salmon and steelhead habitat: Downstream of the dam, DWR will improve flows and water temperatures, add spawning gravels and large woody debris, and restore floodplain and side-channel habitat.
Better river recreation: DWR will add river access points and campsites to create a 15-mile-long Feather River bluewater trail. A new park with trails, picnic areas, an interpretive center and boat launching areas will be constructed. DWR will also fund a study to determine the feasibility of constructing whitewater recreation facilities in Oroville.
Community benefits: DWR is committing $50 million to be allocated to river-related projects to stimulate economic activity in the area and reconnect the community with the river.
Fish passage study: To mitigate for the loss of upstream spawning habitat, DWR and PG& E -- which operates dams upstream on the Feather and in other river basins -- will work together with agencies and other stakeholders to evaluate fish passage opportunities in the Feather and surrounding river basins and implement the most promising project.

"Healthy rivers are important community assets. This agreement will ensure that local citizens will enjoy and benefit from the Feather River for generations to come," Rothert said.

American Rivers looks forward to working with other parties to implement the agreement, and to address issues not completely resolved today, including issues raised by the county and certain flood management issues.

2006 Removal for Bear River Dam in Idaho

John Seebach — Wed, 20 Jul 2005 07:00:00 -0500

Project: Bear River : P-20

Coalition members Idaho Rivers United and American Whitewater helped make a settlement promise become a reality: dam removal on the overregulated Bear River in Idaho.

Read the full press release from Idaho Rivers United:

July 20, 2005

Contact: Idaho Rivers United

Bill Sedivy, IRU, o) 208-343-7481 c) 208-841-5492

Bert Bowler, IRU, o) 208-343-7481

Bear River dam and hydropower project slated for removal

Pocatello - Idaho Rivers United and other members of the Bear River Environmental Coordination Committee (ECC) signed an agreement today seeking removal of the Cove Dam and Hydropower Project, located on the Bear River in southeastern Idaho.

The dam removal pact must now be reviewed and approved by the Federal Energy Regulatory Commission, the agency that grants operating licenses to privately owned hydropower dams.

The Cove Project was identified during the 2003 relicensing of three dams on the Bear as a high cost/low value project that warranted further study to determine if decommissioning was a feasible alternative to continued operation. Studies undertaken since the relicensing showed that decommissioning Cove would:

Benefit ratepayers as the cost to repair and operate project would exceed market rates of power generated there.
Increase generation at the Grace Hydropower Plant, located directly upstream of the Cove Plant.
Enhance the aquatic resources in the Bear River and assist in the restoration of native cutthroat trout.
Have no effect on the ability of PacifiCorp to deliver irrigation water through the Bear River/Bear Lake irrigation system.

The Cove Dam is concrete structure 26-feet high and 141-feet long. Its removal will reconnect 29.3 miles of Bear, improving fish habitat and water quality, and reconnect important tributary streams to the main stem river.

"This is a great example of moving past the emotional debate over dam removal and making sound decisions based on economics and science," said Bill Sedivy, Executive Director of Idaho Rivers United.

"Not all dams are created equal," Sedivy added. "When they outlive their usefulness, or cause more harm and damage to the environment than they return in benefits to society, they ought to come down."

Over the last decade, dam removal has become mainstream. Since the historic, 1999 removal of Edwards Dam on the Kennebec River in Maine, 170 dams have been removed across the U.S. and dozens more removals are scheduled.

"Dams can do a lot of damage to the environment," Sedivy said. "They block fish passage, drown upstream habitat and alter downstream habitat, raise water temperatures and impair water quality generally. It makes good sense - ecologically and economically - to take down obsolete dams."

Restoration of the river corridor and removal of the Cove Project, which consists of the dam, a water flume that needs extensive repairs and a powerhouse, is expected to cost in excess of $2 million. The project will be funded in part by an ECC agreement that will allow greater power generation at the upstream Grace Dam. PacificCorp, owner of the facility, will pick up any additional costs.

The utility would like to begin deconstruction in the spring of 2006 and complete the project by fall, 2006.

The Bear River ECC is comprised of Idaho Rivers United, PacifiCorp, U.S. Fish and Wildlife Service, Bureau of Land Management, National Park Service, U.S. Forest Service, the Shoshone-Bannock Tribes, Idaho Department of Environmental Quality, Idaho Department of Fish and Game, Idaho Parks and Recreation, Idaho Council of Trout Unlimited, Greater Yellowstone Coalition and American Whitewater.

Dam removal possible on Utah's Bear River

John Seebach — Sun, 03 Jul 2005 07:00:00 -0500

Project: Bear River : P-20

The Bear River project, a series of four dams, was consolidated under a single license in 2003 after a comprehensive settlement involving a broad group of stakeholders, including members American Whitewater, Trout Unlimited, and Idaho Rivers United. Now in license and settlement implementation, a stakeholder consensus was reached to remove one of the older developments, Cove Dam.

A description of the project and potential removal from Utah Power's (PacifiCorp) March 7th press release:

Proposal will outline Cove Project decommissioning

PORTLAND— An agreement has been reached on a proposal to retire the Cove Project, one of four PacifiCorp hydroelectric developments in Idaho on the Bear River. The proposal must be accepted by the Federal Energy Regulatory Commission, which granted a new federal license to the plants in December 2003. The process to evaluate the proposal could take about a year.

PacifiCorp reached agreement on the proposal among the same parties that reached settlement for the new Bear River Project license. The utility and these parties organized the Environmental Coordinating Committee (ECC), which is charged with helping implement the terms of the license.

A requirement to evaluate decommissioning the Cove Project was included in the new 30-year license issued by the FERC to PacifiCorp' s four Bear Lake hydroelectric projects in Idaho. If the plan is approved by the FERC, PacifiCorp would remove most of the Cove facilities from the site, including the 1-mile concrete and timber flowline. The Cove powerhouse would remain and PacifiCorp would conduct certain restoration work of the river in the vicinity of the Cove forebay and flowline.

Retirement of the Cove Project increases connectivity for fish and other aquatic resources in Bear River. This action will also enhance the generation potential of the Grace Plant, directly upstream, by reducing the bypass flow requirement.

Removal of the Cove Project will in no way affect or impair PacifiCorp obligations to deliver irrigation water through the Bear River system.

“This proposal will enhance aquatic resources in the Bear River and dovetail with PacifiCorp's FERC license commitment to participate in conservation of the Bonneville Cutthroat Trout,” said Therese Lamb, PacifiCorp' s Director of Relicensing and Compliance. “It will also protect irrigation water deliveries through the Bear River system.”

Bear River Project details:

The Soda Project, 14 megawatts, located 44 miles downstream of Bear Lake, completed in 1925. The Soda dam is 103 feet high and 433 feet long. The Soda reservoir has a surface area of 1,100 acres, and active storage capacity of 16,300 acre-feet, and a maximum water surface elevation of 5,720 feet.
The Grace Project, 33 megawatts, located six miles downstream of the Soda Project, completed in 1912 and enlarged several times through 1927.
The Cove Project, 7.5 megawatts, built in 1917 just downstream of Grace, to take advantage of the tailrace waters of the Grace powerhouse.
The Grace/Cove project features an upstream diversion dam 51 feet high and 180-foot-long; a 26,000-foot-long flow-line to carry water to the power house, and a 6,125-foot-long concrete and wood flume that carries water from the Grace power house to Cove.
The Oneida Project, 30 megawatts, 22 miles downstream of the Grace/Cove Project, built in stages between 1912 and 1920. The project dam is 111 feet high and 456 feet long; the reservoir has an active storage of 10,880 acre-feet and a surface area of 480 acres.
The Cutler Project, 29 megawatts, Cache County, Utah, first began producing power in 1927. The 109 foot-high Cutler Dam forms a 5,500 acre reservoir which is also a major recreation area. The reservoir includes a large wetland complex that is important habitat for dozens of bird species. The area surrounding the reservoir is mostly agricultural land. Cutler was granted a new license by the FERC in April 1994.

For information, contact:

Kevin Lewis, Idaho Rivers United, 208-343-7481

David Eskelsen, Utah Power, 801-220-2447

Utah Power Media Hotline, 800-775-7950

Kilarc-Cow Creek Hydroelectric Project Agreement Finalized

John Seebach — Wed, 23 Mar 2005 06:00:00 -0600

Project: Kilarc - Cow Creek : P-606

Wednesday, March 23 2:00 pm ET

Utility Supports Decommissioning of Hydroelectric Project in Shasta County

SACRAMENTO, Calif., March 23 /PRNewswire/-- Pacific Gas and Electric Company, U.S. Fish and Wildlife Service, California Department of Fish and Game, National Park Service, California State Water Resources Control Board, NOAA Fisheries, Trout Unlimited and Friends of the River today announced a historic agreement which could lead to the decommissioning of PG&E's Kilarc-Cow Creek hydroelectric project. Upon decommissioning, the agreement also designates all water rights associated with the project to be used for providing additional habitat for the federally listed spring run Chinook salmon and steelhead trout.

As part of the agreement, PG&E will not seek a new federal operating license for the Kilarc-Cow Creek project in Shasta County, east of Redding. The agreement also identifies the necessary actions for decommissioning, including long term treatment or removal of project facilities and the return of steam flows now diverted from South Cow and Old Cow Creek.

In early 2001, PG&E began working with stakeholders and resource agencies in an effort to renew the project's operating license. Through that process it became clear that new license provisions would result in the project no longer being an economic source of power for PG&E's electric customers.

Further discussions found common ground in the potential decommissioning of the project and transferring the water rights to a resource agency or other entity to support spring run Chinook salmon and steelhead trout. By approaching the opportunity collaboratively, the parties were able to develop a balanced agreement that achieves both of these goals. The signed agreement will next be forwarded to the Federal Energy Regulatory Commission (FERC) for review and action.

The relicensing process dictated by the Federal Power Act, could allow an interested third party to acquire and continue to operate the project. To do this, the interested third party would need to prepare and file an application for a new license, receive FERC approval for the new license and purchase project facilities from PG& E. However, if no other party obtains a new operating license, FERC will direct PG&E to prepare a plan to decommission the project. Under the agreement, PG&E will continue to operate the project until the current license expires on March 27, 2007. and on annual licenses thereafter until the project is either acquired by another licensee or is decommissioned.

The resource agencies will continue to retain all authorities and mandates related to the project. Environmental measures that improve water quality and conditions for state and federally listed species of salmon and steelhead trout continue to remain a priority for both PG&E and the resource agencies who will continue to work together and with FERC.

The Kilarc-Cow Creek project totals 5 MW of electric capacity and is located in Shasta County on several upper branches of Cow Creek, a tributary to the Sacramento River. The project consists of two powerhouses and associated canals, penstocks and forebays. The Kilarc Powerhouse on Old Cow Creek was built in 1904 and has a capacity of 3.2 MW. The Cow Creek Powerhouse on South Cow Creek was built in 1907 and has a capacity of 1.8 MW.

For more information contact:

Chuck Bonham, Trout Unlimited

510-528-4164

Kelly Catlett, Friends of the River

916-442-3155 ext. 223

New License Issued for Tapoco Project

John Seebach — Wed, 19 Jan 2005 06:00:00 -0600

Project: Tapoco : P-2169

Tennessee's only licensed hydropower project was granted another license today. The Federal Energy Regulatory Commission issued a new license for ALCOA's Tapoco project on the Little Tennessee River in North Carolina and Tennessee.

Coalition members American Rivers and Tennessee Clean Water Network (TCWN) were signatories to the settlement. Coalition member American Whitewater's concerns were never properly addressed, and they did not sign.

From the FERC press release (scroll to page 2):

"[T]oday, the Commission issued a new license and approved a settlement agreement for the Tapoco Project on the Little Tennessee and Cheoah Rivers in Graham and Swain counties in North Carolina. "

A key aspect of this case was a land exchange negotiated between the licensee, Alcoa Power Generating Inc. (APGI), and the National Park Service. The exchange resulted in land, originally located within the project boundary and in the Great Smoky Mountains National Park, being removed from the park and exchanged for other lands. Congress enacted legislation in 2004 authorizing the exchange, which would eliminate issues raised by the fact that a portion of the project is currently located in a national park.

"The project will provide 380 megawatts of electricity generated from a renewable resource while protecting and enhancing fish, wildlife, recreation and aquatic resources near the project."

Settlement agreement signed on Washington's Lewis River

John Seebach — Tue, 30 Nov 2004 06:00:00 -0600

A comprehensive settlement has been reached (hurrah!) on the Lewis River projects in Washington. The settlement will allow for improved and restored flows, and sets fish passage triggers that may open up as much as 174 miles of new habitat.

Read PacifiCorp's press release, or read on for the lead conservation group's statement on the settlement. Other signing organizations include Trout Unlimited and Native Fish Society.

Statement by Rob Masonis, Northwest regional director of American Rivers, on the Lewis River hydro-licensing agreement

November 30, 2004

Today' s agreement shows that hydropower dams can be improved to benefit healthy rivers and the quality of life in a basin' s communities.

It proves that diverse interests -- utilities, native tribes, federal and state resource agencies, counties and conservation groups -- can come together in the dam relicensing process and arrive at positive solutions that work for people, fish and wildlife, and healthy rivers.

We applaud the agreement' s strong measures that provide over $5 million for habitat restoration, and that will allow fish renewed access to 174 miles of habitat. Restoring and opening habitat is critical to the recovery of listed Columbia River stocks.

The parties will play an ongoing, collaborative role in guiding implementation of the agreement. American Rivers will help ensure that the river restoration and salmon recovery measures are informed by the best science and are implemented effectively.

Now that PacifiCorp and Cowlitz PUD have pledged to do their parts to ensure the vitality of the Lewis River into the future, the Clark County Council should do its part – by stopping harmful gravel mining on the East Fork and passing a strong Critical Areas Ordinance package in early 2005.

This agreement provides a long-term vision for the health of the Lewis River. We urge Clark County to use similar long-term, watershed-based thinking when making decisions that will impact the clean water, fish and wildlife, and quality of life for generations to come.

Historic Settlement Signed at Pelton Round Butte

John Seebach — Tue, 13 Jul 2004 07:00:00 -0500

Project: Pelton Round Butte : P-2030

A 2004 historic settlement agreement will allow fish to pass three enormous dams on the mainstem Deschutes for the first time in decades.

Co-signed by joint owners Portland General Electric and Confederated Tribes of the Warm Springs and 20 other agencies and organizations, the settlement agreement restores flow, water quality and fish habitat through the project area.

Signatories included HRC members American Rivers, WaterWatch of Oregon, Oregon Trout, and Trout Unlimited.

July 13, 2004

For more information please contact:

Mark Fryburg, PGE, 503-464-8444
Bill Rhoades, CTWS, 541-553-2013
Frank Quimby, DOI, 202-208-7291

For additional details and images, visit PGE's Pelton Round Butte website.

Only U.S. hydro project co-owned by utility and Native American tribe

Warm Springs, Ore. — Salmon and steelhead will migrate past a large series of dams for the first time since 1968, under the terms of an historic multiparty agreement to be signed today. Secretary of the Interior Gale Norton is announcing the agreement at a ceremony in Warm Springs, Ore.

The pact is one of the final steps in obtaining a new federal license for Pelton Round Butte, the only hydroelectric project in the United States jointly owned by a Native American tribe and a utility. The 465-million watt project is one-third owned by Confederated Tribes of the Warm Springs (CTWS) and the remainder owned by Portland General Electric (PGE). The 20-mile long complex impounds the Deschutes River, a federal Wild and Scenic River and a tributary of the Columbia, about six miles west of Madras, Ore. The three dams, rising to as high as 440 feet, blocked salmon and steelhead migration in the Deschutes, Metolius and Crooked rivers above the project 36 years ago.

A total of 22 organizations and government agencies, including the project owners, endorsed the agreement. The signing takes place at the Museum at Warm Springs on the Warm Springs Reservation.

“The settlement demonstrates how water management and hydroelectric operations can be carried out in innovative ways that protect tribal resources, enhance the environment and aid in the recovery of threatened species,” Secretary Norton said. “With sound science, cutting-edge technology and creative solutions, we can have both healthy rivers and thriving communities.”

Officials praised the agreement for its positive economic and environmental impact. Besides potentially reopening 226 miles of streams above the dams to fish migration, the plan allows for continued production of low-cost hydroelectric power at the facility, improves the Tribes' fish harvest and benefits recreational fishing.

“This agreement sets the bar for other dam operators in the Northwest and across the country. PGE, CTWS and the other settlement parties have proven that by working together, we can achieve great outcomes for this river's health, its salmon and steelhead, and its people,” said Rebecca Wodder, president of American Rivers.

“For all of the families who enjoy the Deschutes today, and for those future generations who will fish its waters, run its rapids and view its wildlife in the years to come, this agreement is cause for great celebration.”

In the 1990s, the Tribes and PGE began planning for relicensing the project and restoring fish passage became the top priority.

“Many generations will benefit from this agreement,” said CTWS Council Chairman Ron Suppah. “The next 50 years under this new license will create a blueprint for wise natural resources management that is so important to our Indian people and financial resources that are vital to the tribal organization. Adding electric power generation has diversified our economic base and supported programs ranging from public safety to health and education.”

“PGE and the Tribes share the stewardship of one of the West' s most precious resources, the Deschutes River,” said Peggy Fowler, PGE CEO and president. “Our customers depend on us to do the right thing for the environment. They also depend on us for electricity that powers vital aspects of everyday life. We're committed to deliver on both obligations.”

The hydro project, the largest located completely within Oregon' s borders, was completed by PGE in 1964. Although it was constructed with fish passage facilities, the downstream system failed. Under the environmental policies of that era, raising fish in a hatchery was an appropriate way to offset the impact. The fish passage problem was created in large part by the downstream currents in a reservoir taking a wrong turn. Young salmon and steelhead following the currents rarely found their way to the ocean.

The solution will be a 270-foot high underwater tower arising from the bottom of the lake behind Round Butte Dam. A 130-foot wide disc at the top of the tower will draw in most of the surface water, turning the currents and fish back downstream toward the dam. Fish will be screened at the intake and trucked downstream of the dams for release on their journey to the Pacific. The tower will also blend waters from various depths to improve the conditions, including water temperatures, for downstream fish.

Species to be reintroduced above the dams include summer steelhead (a federally listed threatened species) and spring Chinook salmon. Resident kokanee should naturally convert to sockeye salmon as they head downstream.

PGE and the Tribes are prepared to spend more than $135 million dollars on the project during the 50-year term of the license, the vast majority going to fish-related measures. More than $21 million is planned for fish habitat improvement on Deschutes River tributaries, including water rights acquisition.

The project' s reservoirs and their shores are popular recreation sites, including camping, fishing, boating and water skiing. The plans do not restrict recreation and should actually improve recreational fishing for salmon and steelhead over the long run through increased populations and better habitat.

The Federal Energy Regulatory Commission is expected to act on the new license in late 2004 or early 2005.

# # #

PGE is a recognized leader in the utility industry with more than 115 years of experience delivering safe and reliable electricity. Serving more than 754,000 retail customers in northwest Oregon, the company supports the community through a variety of environmental efforts.

The Confederated Tribes of Warm Springs is a federally recognized Indian Tribe with 4,312 members. Its reservation in north Central Oregon covers 1,000 square miles.

Ft. Halifax Debate Closes with FERC's Final Order

John Seebach — Thu, 22 Jan 2004 06:00:00 -0600

FERC's recent issuance of an order regarding the Ft. Halifax dam signaled at least a temporary end to a standing controversy over the Commission's responsibilities and obligations with respect to settlement agreements. On January 22, 2004, FERC issued its final order for the Ft. Halifax Project on the Sebasticook River upholding its original 1998 settlement that required dam removal in the absence of construction of a fish lift. The order was welcomed by HRC members and the Kennebec Coalition who argued FERC was responsible for keeping with the recommendations of state and federal fisheries agencies, and which upholds existing license conditions and agreements.

In a 1998 settlement, FPL Energy agreed to construct a fish lift by May 1, 2003 or pursue steps for dam removal. Seeking to avoid surrender of its license, FPL cited over $4 million in costs to install fish passage and $130,000 in annual operating and maintenance costs. Instead of implementing the requirements of the 1998 settlement, FPL argued for the installation of an alternative fish passage technology that would have allowed them to avoid partial dam removal.

Local landowners with homes on the impoundment also petitioned FERC to modify its fish passage requirements to allow use of an untested "fish pump" currently used to harvest fish in the aquaculture industry. State and federal fisheries experts, as well as the Kennebec Coalition, however, opposed use of this experimental technology.

In June 2002, FPL filed the surrender application. In July 2003, the Commission stayed the license instead of upholding the 1998 settlement agreement that would have required dam removal since FPL failed to install fish passage. Instead, the Commission order parties to the settlement to evaluate other less expensive alternative fish passage technologies.

In September 2003, the HRC wrote a letter to FERC expressing significant concerns about the Commission's stay of the Ft. Halifax license. HRC stated, "by failing to implement the plain terms of the agreement that the Commission itself approved five years ago, the Commission's order threatens not only the Fort Halifax settlement, but all past and future agreements as well."

FERC Tells Parties to Renegotiate Fish Passage Condition in Landmark Settlement Agreement

John Seebach — Sun, 31 Aug 2003 07:00:00 -0500

The Ft. Halifax Dam has been parked on Sebasticook River, a tributary of the Kennebec River, since 1907. In 1998, after many years of contentious relicensing proceedings, a group of hydropower dam owners known as the KHDG, or Kennebec Hydro Developers Group, a group of conservation organizations called the Kennebec Coalition, and federal and state resource agencies reached a landmark settlement agreement.

The 1998 KDHG Agreement - which included the removal of the Edwards Dam, the lowermost dam on the Kennebec - called on the owner of Ft. Halifax to provide for the installation and operation of a permanent fish lift that can pass American shad, alewife, and Atlantic salmon in sufficient quantities to meet fish restoration goals. The agreement further stipulated that by May 1, 2003 the licensee should make their choice of constructing the fish lift or surrender the license and remove the dam. FERC amended the Ft. Halifax and other licenses to reflect the 1998 KHDG agreement.

In 2002, licensee FPL Energy Maine Hydro, citing that the lift rendered the project unprofitable, chose to surrender its license and partially remove the dam. In reply a year later, FERC stayed its own fish passage license condition and directed FP& L to negotiate with the settlement parties. The Commission' s prior policy has been to adopt the terms of a settlement as the license terms and let the licensee proceed at its own peril: the licensee makes the decision to accept the new license. In this Ft. Halifax action, FERC throws into question the power of settlement agreements and their true status as license articles.

Several parties to the KHDG agreement are filing for rehearing of the Order.

Deal on the Penobscot River Restores Fish and Preserves Power Generation

John Seebach — Tue, 10 Jun 2003 07:00:00 -0500

On October 6, 2003, PPL Corporation, conservation groups, the Penobscot Indian Nation, the State of Maine, and the U.S. Department of Interior announced an agreement aimed at restoring sea-run fish to the Penobscot River, while giving PPL Corporation the opportunity to maintain more than 90% of its current hydropower generation.

Dubbed the Penobscot River Restoration Project, the deal will significantly improve access to over 500 miles of river habitat, allowing for the recovery of native species of sea-run fish. The Penobscot is Maine's largest river, draining 8,570 square miles, about one-third of the state.

The terms of the deal:

A new or existing not-for-profit corporation will purchase the Veazie, Great Works, and Howland dams for approximately $25 million between 2007 and 2010, with the option to subsequently remove the two lowermost dams: Veazie and Great Works;

PPL Corporation receives the option to increase generation at six existing dams, which would result in retention of more than 90% of the current energy generation;

The not-for-profit corporation will also, with the U.S. Fish and Wildlife Service, pursue a state-of-the-art fish bypass around the Howland dam; and

PPL Corporation will improve fish passage at four additional dams.

More information is available from the Penobscot River Restoration Trust.