Hydropower Reform Coalition - new license

License Order for P-2246 (Yuba County Water Agency's Yuba Project)

Rupak Thapaliya — Tue, 02 Dec 2008 14:30:23 -0600

Source:

Volume:

Year: 1963

Abstract

Author(s)

FERC

Contact

Notes

Attachment	Size
YCWA- P2246 Order modifying order on rehearing.pdf	9.06 KB
YCWA- P2246 License Order.pdf	25.87 KB

Baker project licensed for 50 years

Rupak Thapaliya — Tue, 21 Oct 2008 10:21:35 -0500

Project: Baker : P-2150

Last Friday, FERC issued a 50-year license to the Puget Sound Energy Inc. for operation of Baker River Hydroelectric Project (P-2150) in Skagit and Whatcom counties, Washington.

The license accompanies a Settlement Agreement signed by the licensee, state and federal resource agencies, tribes, counties, and non-governmental groups. The license allows Puget Energy to construct a new powerhouse to accomodate new generators which would increase the installed capacity at the lower development by 30 MW bringing the total installed capacity of the entire project to 200.03 MW.

Based on the Settlement Agreement, the license also requires Puget Sound to upgrade the existing upstream and downstream fish passage facilities and to construct a salmon hatchery at its Sulphur Creek facility near the Upper Baker development.

Puget sound will also adopt measures to protect wildlife, reduce shoreline erosion, enhance recreational facilities and to establish a funding mechanism to support such measures.

FERC issues a license for Santa Felicia project in California

Rupak Thapaliya — Fri, 12 Sep 2008 15:04:13 -0500

Project: Santa Felicia : P-2153

FERC issued a 40-year license today to United Water Conservation District for operation of Santa Felicia hydroelectric project in Ventura County, CA.

Although the project boundary contains endangered and threatened species such as Southern California steelhead, Santa Ana sucker. Southwestern Arroyo toad, and California red legged frog, it was determined that the project would only affect Southern California steelhead. Last year, the National Marine and Fisheries Service (NMFS), through its Biological Opinion (BO), provided a list of measures that could be undertaken to protect the species. Among the measures was a study to analyze the need for fish passage, which the licensee will have to perform within the first year. Within the first three years, United is also required to formulate a plan to provide whitewater boating portage around Santa Felicia dam.

Coalition members American Whitewater, California Trout and Trout Unlimited had participated in the license proceeding for this 1.4 MW project.

Bar Mills project in Maine licensed for 40 years

Rupak Thapaliya — Wed, 03 Sep 2008 10:24:19 -0500

Project: Bar Mills : P-2194

A 40-year license has been issued to FPL Energy to operate the Bar Mills hydroelectric project on the Saco River in York County, Maine.

The license order for this 4 MW project was issued on August 28.

Following the guidelines in the 2007 Settlement Agreement, the license requires installing upstream and downstream passage measure for American eel and other species including Atlantic salmon, American shad, alewife, and blueback herring. The target date for permanent downstream passage for American eel has been set for Sep 2026.

Bar Mills is one of seven projects on the main stem of Saco River that is covered by the Settlement Agreement.

City of Hamilton to generate electricty at Meldahl Locks and Dam

Rupak Thapaliya — Thu, 26 Jun 2008 10:12:05 -0500

Project: Meldahl : P-12667

The City of Hamilton, OH has obtained a federal license to operate a 106 MW hydropower facility at the Captain Anthony Meldahl locks and dam near Augusta, Kentucky. According to the license issued yesterday, the project to be located on the existing Army Corps dam on the Ohio River, will occupy about 81 acres of federal lands.

On March 1, 2006 FERC had terminated the license for the same project previously granted to the City of Augusta (P-10395) in 1995. The licensee had failed to start construction of project even after repeated extensions. Under the current 50 year license, the City of Hamilton is required to commence construction of the project works within two years.

Cushaw project licensed for 30 years

Rupak Thapaliya — Mon, 16 Jun 2008 11:44:19 -0500

Project: Cushaw : P-906

Earlier today, FERC issued a 30-year license to Dominion Virginia Power for continued operation of Cushaw hydroelectric project on the James River in Virginia.

The project is located on the James River which provides habitat for James spinymussel, which is one of 37 threatened or endangered mussel species in Virginia and is found only in the upper James River and Dan River basins. Dominion Power has proposed to grant $10,000 to Virginia Department of Game and Inland Fisheries (VDGIF) for protection of the James spinymussel. Although, that may not be a significant amount, the commitment shown by Dominion is laudable.

The current license for the project, which began generating electricity in 1930, expires on June 15, 2008.

Morgan Falls licensed for 30 years

Rupak Thapaliya — Wed, 28 May 2008 11:33:09 -0500

Project: Morgan Falls : P-2237

Last week FERC issued a new license for operation of the 16.8 MW project in Cobb and Fulton counties in Georgia. This project occupies 14.4 acres of Chattahoochee River National Recreation Area.

The Coalition and its members- American Rivers and Upper Chattahoochee Riverkeeper had sent in comments on the Environmental Assessment prepared by FERC for the project.

Governor opposes Bear Lake project in Utah

Rupak Thapaliya — Thu, 24 Apr 2008 14:48:34 -0500

Project: Hook Canyon: P-12707

The proposed 60-MW Hook Canyon project in Utah received a huge blow when the Governor of Utah decided that the voice of the general public and the value of the Bear lake for tourism and local ecosystem should not be compromised. Gov. Jon Huntsman recently directed the Division of State Parks and Recreation to drop negotiations for an easement, effectively killing the project.

The proposed project was never received well by anyone. At a public meeting on April 9, residents, environmentalists, economists, engineers and civic leaders gathered together to oppose the project which would have altered the natural environment that supports four endemic species of fish that are not found anywhere else in the world. A resident in the Bear Lake area said, "The potential to harm the area, is far too large to allow this type of an experiment to be continued. The risks are too great."

Read the transcripts of the meeting here.

FERC issues a 40-year license for Priest Rapids project on mid-Columbia River

Rupak Thapaliya — Thu, 24 Apr 2008 10:43:45 -0500

Project: Priest Rapids : P-2114

Last week, FERC issued a 40-year license to the Grant County PUD to operate the Priest Rapids hydro project.

The Priest Rapids project, consisting of Priest Rapids and Wanapum dams is the lowermost project on the Mid-Columbia River. Located upstream are three other FERC licensed projects- Rocky Reach, Rock Island, and Wells. The project affects multiple Columbia River species including sockeye salmon, steelhead, coho salmon, rainbow trout, and white sturgeon.

After a series of short term agreements limited to Chinook protections in the Hanford reach, Grant County PUD reached an agreement with state and federal agencies and tribes regarding the long-term operations of the entire project. Components of the agreement include fish passage criteria, habitat restoration, and hatchery obligations. This agreement formed the basis for the new license. Although measures related to Fall Chinook protection in the Hanford reach are included, there is ongoing monitoring to better assess the problem.

Huge Opposition to Bear Lake Pumped Storage Project

Rupak Thapaliya — Mon, 07 Apr 2008 10:32:06 -0500

Project: Hook Canyon: P-12707

Citing the project as expensive, inefficient and environmentally unsound, there has been a huge public opposition to the proposed Hook Canyon project which would require construction of a new 160 foot high dam on the Fish Hook Creek in Rich County, Utah. FERC granted a preliminary permit for the project in September 2006.

There have been concerns that the energy required to pump water would exceed the energy output of the project. EPA, on the other hand, is concerned that construction and operation of the proposed facility would have significant impacts on environmental resources such as the aquatic ecosystem of Fish Creek and Bear Lake, including potential adverse changes in water quality of Bear Lake. The Utah Division of Wildlife Resources is concerned about the potential harmful effects on fish species.

An individual in her comment to FERC wrote "The proposed pump storage project will, with no doubt, affect the lake and its ecosystem, and thus its natural beauty and functionality... It would be a shame to take away from the natural ecosystem of the Lake. Please leave it so that my children's children will be able to enjoy the lake as it is, undisturbed."

To get more input from the general public on this project, FERC is holding two scoping meetings on Wednesday, April 9 2008. Details of the meeting are given below.

Daytime Meeting
Date: April 9, 2008
Time: 9:00 am to 2:00 pm
Venue: Bear Lake West Restaurant and Sports Bar
554 Lewis Loop
Fish Haven, Idaho

Evening Meeting
Date: April 9, 2008
Time: 7:00 pm - 10:00 pm
Venue: Oregon Trail Center
320 North 4th Street
Montpelier, Idaho

FERC's First-in-time Rule: An Impediment to Hydropower Development

Rupak Thapaliya — Fri, 28 Mar 2008 09:47:19 -0500

Source: Energy Law Journal

Volume: 5.1

Year: 1984

Abstract

This paper takes a look at the FERC's "first-in-time" policy for granting preliminary permits to new hydropower projects concluding that FERC's policy contradicts Federal Power Act's directive to the Commission. The paper also argues that this policy also does not allow for competition for licensing.

Author(s)

Barbara E. Schneider

Contact

Notes

Attachment	Size
Energy Law Review 5.1 - FERC Preliminary Permit Rule.pdf	793.09 KB

First ILP License Issued for Montana's Mystic Lake Project

Rich Bowers — Thu, 27 Dec 2007 15:29:44 -0600

Integrated Licensing Process (ILP)

On December 17th, FERC issued its first license for a project using the ILP, Mystic Lake on West Rose Bud Creek in Montana. FERC # P-2301. The Developer is PPL Montana, and Mystic Lake is an 11.25 megawatt (MW) project near Fishtail, MT. The license requires the construction of public recreation facilities near the project as well as enhanced flows for whitewater boating. The license also requires the installation of new shutoff and minimum-flow valves to improve minimum flow reliability which would protect fish in the project’s bypassed reach. Other requirements would protect, mitigate and enhance water quality, fisheries, wildlife and cultural resources at the project.

http://www.ferc.gov/news/news-releases/2007/2007-4/12-17-07.asp

Adopted in 2003, The Integrated Licensing Process (ILP) integrates the development of license application and environmental review, and it coordinates FERC and other regulatory agencies that undertake such environmental review. In 2005, the ILP became the default process for relicensing within FERC. The Traditional (TLP) and Alternative Licensing Process (ALP) have tended to suffer from recurring process inefficiencies, including running disputes between FERC and other agencies over the boundaries between their respective jurisdictions. As a result, certain participants, including the HRC and the National Hydropower Association, formed the National Review Group (1998-2002), which developed joint recommendations for administrative reform. Federal agencies formed the Interagency Task Force (1999-2001) for the same purpose. FERC initiated the ILP rulemaking in response to these recommendations.

FERC issues first hydrokinetic license

Rupak Thapaliya — Sun, 23 Dec 2007 23:00:00 -0600

The license for Makah Bay project is the first ever issued by FERC for a wave, tidal or current energy project in the United States. The license gives Finavera Renewables, the project licensee, a conditional five-year license for the proposed project.

This license approval follows a controversial FERC policy on hydrokinetic projects that allows FERC to approve licenses before adequate analysis of environmental effects of hydrokinetic projects. Several state and federal agencies, individuals and organizations including the HRC had filed comments to FERC regarding the process. FERC announced its policy statement on Nov 30, 2007.

The 5-year license will require Finavera to start construction of the project within two years and complete within three years.

Box Canyon License Issued

John Seebach — Mon, 07 Nov 2005 06:00:00 -0600

Project: Box Canyon : P-2042

On July 11th, 2005, the Commission issued a new license for the Box Canyon Project on the Pend Oreille River in northeastern Washington and Idaho. The issuance brought a conclusion to the licensing phase of this project's extended history as a poster child for combative licensing processes. The license adopts mandatory conditions, including fish passage, submitted by the U.S. Fish and Wildlife Service, the Washington Department of Ecology, and the United States Forest Service.

At the end of the license issuance, Chairman Wood and Commissioner Kelliher post their own opinions about the license. Within Kelliher's dissent is a strong statement about the importance of NEPA analysis providing a justification for federal agency action. The Coalition agrees that NEPA is a critical part of agency decisionmaking. NEPA provides for transparency, public accountability and independent assessment, and for ensuring that any action also considers alternative actions that may be more in the public interest.

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."

Mid-Snake Projects Receive New Licenses

John Seebach — Wed, 28 Jul 2004 07:00:00 -0500

The Federal Energy Regulatory Commission issued new 30-year licenses for five projects on the middle Snake River in Idaho on July 28, 2004. The new licenses were no longer held up by concerns over endangered species because the US. Fish and Wildlife Service entered into a settlement with project owner Idaho Power Company over post-license issuance studies and possible remedial actions. Typically, protection measures come before license issuance, not after.

As HRC member Idaho Rivers United put it in a July 29, 2004 Idaho Statesman article: "We're very concerned this would set a precedent of negotiating Endangered Species Act settlements."

The FERC press release:

July 28, 2004

Commission Relicenses Five Hydroelectric Projects On The Snake River In Idaho, Balances Environment And Power Needs

The Federal Energy Regulatory Commission has granted new licenses to Idaho Power Company to continue operating five hydroelectric projects on the Snake River. Today' s action provides for the protection of endangered species while allowing the company to continue generating electric power that is critical to the region.

The projects, which together have an installed capacity of 264.8 megawatts (MW), are part of the Northwest Power Pool area of the Western Electricity Coordinating Council region and are an important contributor of power to the region, the Commission determined. The Commission is required to give equal consideration to power development and protection of the environment.

To protect federally listed threatened and endangered snail species near the projects, the Commission told the licensee to perform studies of the effects of project operations on the species and submit a snail protection plan to the Commission for approval. The licenses also include protections for white sturgeon, which the State of Idaho classifies as a Species of Special Concern.

Among other things, the licenses provide for visual enhancements, the creation of wetlands, riparian and spring habitat protections, and increased recreational opportunities for the public.

Commission staff finished its environmental review of the project proposals in 2002. A settlement agreement resolving all issues associated with federally listed snail species at the projects was filed by Idaho Power in February 2004. The Commission included conditions in the licenses that were consistent with the agreement.

The licenses, which are for 30 years, are for the following projects: Shoshone Falls (P-2778); Upper Salmon Falls (P-2777); Lower Salmon Falls (P-2061); Bliss (P-1975); and, C.J. Strike (P-2055). The projects are on the central portion of the Snake River Basin in south-central Idaho. The Snake River is the largest tributary of the Columbia River.

Groups Sue Over North Umpqua License

John Seebach — Mon, 24 May 2004 07:00:00 -0500

Project: North Umpqua : P-1927

Roseburg, OR-- Seven conservation groups today sued the federal government for issuing an environmentally damaging hydropower license for a hydroelectric project on the North Umpqua River. For more than 50 years, the North Umpqua Hydroelectric Project has harmed species and habitat within the North Umpqua River basin and on Umpqua National Forest lands. According to the lawsuit filed by Earthjustice, the Forest Service ignored the advice of its own scientists when it agreed to the issuance of a new operating license for the project without requiring adequate measures to protect wildlife and their habitat.

“Conservationists are merely asking that the North Umpqua River be managed according to scientists' recommendations,” said Kristen Boyles, an Earthjustice attorney representing the conservation groups in court.

The North Umpqua Project comprises eight dams, three reservoirs, over 30 miles of flumes and canals, six miles of penstocks and tunnels, and approximately 100 miles of project-related roads, all located on federal public land along the North Umpqua and two of its tributaries. Until last November, the 185.5-megawatt project operated by the multinational corporation Scottish Power was governed by a license issued in the early 1950s, but the federal agencies considering relicensing in the late 1990s determined that changes were required to protect fish and their habitat.

“Scottish Power has taken advantage of this mighty river and their old license for decades,” said Penny Lind, executive director of Umpqua Watersheds. “The beauty and wonder of the North Umpqua are too precious to manage incorrectly for the next 35 years.”

Because the project operates on national forest land, the government is tasked with ensuring that the project complies with federal laws and regional forest plans that require protecting salmon habitat. In fulfilling that responsibility, both Forest Service and U.S. Fish and Wildlife Service biologists recommended removing or breaching Soda Springs dam, the lowermost of the eight project dams, because it inundates one of the most important mainstem spawning areas and harms salmon habitat. However, when Scottish Power refused to consider removing Soda Springs, the federal agencies backed away from their recommendations.

“This is yet another example of politics trumping science,” said Diana Wales of Umpqua Valley Audubon Society. “We are only seeking balance— we can have hydropower and a healthy river but not with the current license that ignores the most significant problems caused by Soda Springs dam.”

The North Umpqua River originates on the western slope of the central Cascade Mountains in southwest Oregon and drains about 1,350 square miles before joining the South Umpqua River west of Roseburg. The river flows through a narrow canyon with steep bedrock steps and benches. The North Umpqua River is one of the most beautiful rivers in the Pacific Northwest. Five anadromous fish species – chinook salmon, steelhead, coastal cutthroat trout, coho salmon, and Pacific lamprey – live in the North Umpqua, and the river is renowned for its excellent steelhead fly fishing. Most of the North Umpqua River below the hydroelectric project is designated a Wild and Scenic River, for its outstanding water quality and quantity, recreational opportunities, and fisheries.

“The North Umpqua River belongs to all of us, and our children and grandchildren. The changes we are asking for will ensure that this magnificent river is managed as a family heirloom, rather than as just another private profit center in Scottish Power's international energy portfolio,” said Doug Heiken of the Oregon Natural Resources Council.

“People come from all over the nation to visit the North Umpqua River,” said Jim Van Loan, owner of the Steamboat Inn. “Protection of our fish and their habitat makes simple economic sense.”

“For 50 years, the project has been an economic bonanza to all of Scottish Power' s customers and stockholders, but all the environmental costs have been borne by the North Umpqua River, said Dr. Stan Vejtasa, a local engineering economist and member of Umpqua Valley Audubon Society. “It is time to restore the balance in favor of the river.”

Representing seven conservation groups— Umpqua Valley Audubon Society, Umpqua Watersheds, The North Umpqua Foundation, Steamboaters, Oregon Natural Resources Council, Pacific Rivers Council, and American Rivers— Earthjustice filed a petition for review of the decisions of both FERC and the Forest Service with the Ninth Circuit Court of Appeals on May 24, 2004.

###

Contacts:

Diana Wales, Umpqua Valley Audubon Society, 541-673-0696

Doug Heiken, Oregon Natural Resources Council, 541-344-0675

Robin Hartmann, The North Umpqua Foundation, 541-672-3694

Ken Ferguson, Steamboaters, 541-673-1769

Kristen Boyles, Earthjustice, 206-343-7340 x33

Brett Swift, American Rivers, 503-827-8648