Hydropower Reform Coalition - Great Lakes

FERC Reinstates School Street License

Rupak Thapaliya — Fri, 16 Apr 2010 10:57:12 -0500

In a ruling issued yesterday, FERC reinstated the license for School Street project issued in February 2007, thereby giving a serious blow to Green Island Power Authority’s (GIPA’s) plan to get a license for their proposed 100 MW Cohoes Falls project, just downstream of the current School Street site. The project is located on the Mohawk River in Albany and Saratoga Counties, New York.

On August 10, 2009, the U.S. Court of Appeals for the Second Circuit had vacated the license order for the 38.8 MW School Street Project (P-2539) and asked FERC to determine whether the offer of settlement filed by Erie Boulevard Hydropower, the licensee for the School Street project, constituted material amendment, in which case FERC would have been obligated to grant an intervener status to GIPA. In yesterday’s ruling, FERC determined that the offer of settlement did not constitute material amendment and thus FERC did not err in denying GIPA intervention.

In the ruling, FERC states-

...although the changes proposed in the 2005 settlement provided significant benefits to the resources involved, they did so without radically altering the overall plans of development for the site. The 2005 settlement proposed to develop the same basic project, with minor adjustments. Accordingly, we find that the 2005 offer of settlement, in its entirety, did not constitute a material amendment of the relicense application.

FERC went on to clarify that minor adjustments to operation of the project do not constitute material amendment. However, cumulative effect of all of such adjustments, when considered together, could constitute a material amendment. This has a huge bearing in resource protection as public participation is allowed only in case of material amendment.

FERC also analyzed GIPA’s proposed project and determined that the Cohoes Falls Project is not an economically feasible alternative to the School Street Project. Licensing and constructing GIPA’s Cohoes Falls project would have required decommissioning of the School Street project and removal of the dam.

Read FERC’s ruling here.

Court Vacates License Order, Says FERC Should Have Analyzed All Alternatives

Rupak Thapaliya — Wed, 19 Aug 2009 10:06:07 -0500

Project: School Street : P-2539

The Second Circuit Court of Appeals has vacated a 2007 FERC license order for the School Street Project and asked FERC to revisit the proceeding.

FERC was challenged by Green Island Power Authority (GIPA), which wants to develop its proposed 100-MW Cohoes Falls project just downstream of the existing 38.8 MW School Street Project (P-2539). The Cohoes Falls project would inundate the downstream project, rendering it inoperable. FERC had repeatedly denied GIPA’s late motion to intervene in the relicensing of the School Street project.

The Court did not tell FERC to grant GIPA’s motion to intervene, but rather told FERC that it did not use the correct criteria when determining that a settlement agreement did not constitute a “material amendment” to the license application for School Street. Had the settlement constituted such a change, FERC would have been obligated to solicit interventions, and it is possible FERC would have had to grant GIPA’s intervention.

More important, however, is the Court’s stern reminder to FERC that it is obligated to consider and analyze all reasonable alternatives to a proposed action, even if FERC may not issue a license that includes those alternatives. This is a fundamental tenant of environmental law, and it is encouraging to see a Court remind FERC of the importance of alternatives analysis in its decision making.

Read the full court order here.

New York Project Will Receive Production Tax Credits

Rupak Thapaliya — Fri, 17 Apr 2009 09:56:21 -0500

Project: Lower Raquette River : P-2330

The additional generation at Raquette River project in New York will now be eligible to receive tax credits under EPAct 2005.

Yesterday FERC issued a letter certifying that the four developments in the project owned by Erie Boulevard had generated 24912 kWh more than the historic annual generation of 70,271 kWh.

A license amendment issued in late 2006 had allowed the project to increase the capacity by 6 MW. The amendment had also changed the project from a peaking mode to run-of-river mode.

The EPAct 2005 allows for hydropower facilities to receive tax credits if a project increases generation through efficiency improvements or capacity additions. The Emergency Economic Stabilization Act of 2008 (the "bailout package") extended that provision for until the end of 2011, which otherwise would have expired at the end of 2008.

Three Dams Coming Out: Cold Water Fisheries Will Benefit

Rupak Thapaliya — Thu, 16 Apr 2009 09:56:00 -0500

Project: Brown Bridge : P-2978

At a meeting last week, city and county commissioners voted to remove the Boardman, Brownbridge, and Sabin Dams while keeping the Union Street dam, all in Grand Traverse County.

On April 9, 2009, the Traverse City Council and the Grand Traverse County Board of Commissioners met in a joint session to act on the recommendations of the Implementation Team and the Boardman Rivers Dam Committee (BRDC). After several presentations, public comments and discussion the Council and the Commissioners approved the removal of the three dams.

A 2002 settlement agreement had established an Implementation Team and subsequently the BRDC to determine the fate of the former hydroelectric dams owned by Traverse City and Grand Traverse County.

According to the Settlement Agreement, if dam removal were pursued, then the Team would prepare a Removal Plan that includes but is not limited to sediment mitigation, fish passage (Union Street Dam maintenance), cultural resources, appropriate permit acquisition, and potential relocation of the river channel at the Boardman Pond.

The Michigan Hydro Licensing Coalition, a member of Hydropower Reform Coalition, is a member of the Implementation Team.

Removal of the three dams will directly benefit the cold water fisheries. Boardman river is knows to be one of the best trout streams in Michigan. Trout species such as Brook and Rainbow trout and salmon species such as steelhead, coho and chinook salmon can be found in the Boardman river.

Read a related news article.

Interior Requests To Reconsider Decision to License Hydrokinetic Project on Mississippi

Rupak Thapaliya — Fri, 23 Jan 2009 11:58:02 -0600

Project: Mississippi Lock & Dam No 2 : P-4306

Through a letter sent last week, the Department of Interior (DOI) has requested FERC for a rehearing of the decision to issue an amended license that allows for operation of hydrokinetic project on the Mississippi river in Hastings, Minnesota.

Interior has long been requesting for adoption of pilot license process for the project. The pilot licensing process established by FERC for projects using new hydrokinetic technology, issues license for no more than five years at a time. Interior has argued that such a process would allow careful testing of the technology to identify any impacts. Although FERC acknowledged Interior’s recommendation, it did not require Hastings project to undergo the pilot licensing process.

In the request letter, DOI has also claimed that FERC’s determination that the proposed license amendment was not inconsistent with the Mississippi Comprehensive Management Plan is not accurate. In that light, the DOI has requested for a rehearing of FERC’s decision.

The hydrokinetic project on the Mississippi River uses two turbines with a capacity of 35kW each to generate electricity.

Twin Cities Hydro Project Seeks LIHI Certification

Rupak Thapaliya — Tue, 02 Dec 2008 10:33:33 -0600

The twin cities hydropower project located at the Mississippi Lock and Dam No. 1 (P-362) in St. Paul, MN is seeking to be certified as a low-impact project under the Low Impact Hydropower Institute's (LIHI) certification criteria.

The 17.92 MW project was licensed by FERC in November 2004 and is located within the Mississippi National River and Recreation Area (MNRRA).

According to the application for certification, the project consists of

a 156- foot-long by 112-foot-wide powerhouse integral with the Corps' dam, containing four 5,800-hp Francis turbines and four 4,480-kW generating units with a total installed capacity of 17,920 kW; and,
a two-foot-high inflatable rubber flashboard system on top of a 574-foot-long concrete spillway dam with a crest elevation of 723.1 feet mean sea level (msl).

LIHI is now accepting public comments on the application by Brookfield Power, which owns the project.

LIHI evaluates a hydroproject on the following eight criteria before issuing certification:

river flows,
water quality,
fish passage and protection,
watershed protection
threatened and endangered species protection,
cultural resource protection,
recreation, and
facilities recommended for removal.

Since 2001, the Institute has issued LIHI certification to 36 projects around the nation.

To learn more about LIHI, visit www.lowimpacthydro.org.

Hudson River project gets tax credits for additional generation

Rupak Thapaliya — Mon, 27 Oct 2008 15:49:45 -0500

Project: Hudson River : P-2482

The Federal Energy Regulatory Commission (FERC) has certified additional electricity generation at the Hudson River hydroelectric project as being renewable energy eligible to receive tax credits.

Erie Boulevard Hydropower LP, the licensee for the project, stated in its application filed on September 29 that replacement and installation of new turbine generators would increase electricity generation by 10.94%.

The increase in generation comes from upgrades at the Sherman Land development which will increase its capacity from 28.8 to 37.2 MW boosting the total capacity for the project from 73.2 to 81.6 MW. The project consists of one other development- the Spier Falls development which generates 44.4 MW.

Under the Energy Policy Act 2005, additional electricity generated from an existing hydropower project is eligible to receive renewable energy tax credits, also known as production tax credits (PTC), if such addition is achieved by improving efficiency or by adding capacity. However, such increment has to be first approved by FERC.

Public Input Sought in Removal of Hydroelectric Dams

Rupak Thapaliya — Thu, 02 Oct 2008 13:56:41 -0500

Project: Brown Bridge : P-2978

Six years ago, Traverse City Light and Power, the owner of the hydroelectric projects on the Boardman River decided that the economic and environmental benefits to be gained by discontinuing to operate the projects would be greater than the benefits provided by power generation.

Now, they are trying to decide whether the four dam should be removed. Of the four dams, Union Street does not have any hydroelectric project.

The settlement agreement signed in 2002 and the license surrender approved in 2005 opened doors for potential of dam removal on Boardman river, a state designated "Natural River."

The Boardman Rivers Dam Committee, formed as a result of the settlement agreement, now meets regularly to discuss dam removal. The development of engineering and feasibility study has already begun.

Now the committee is seeking public input on the fate of dams. Besides removal of dams other possible alternatives are repair and retention, modification, or removal of one or more dams.

To help make an informed decision the committee has made available online reports that explore various possibilities. The public can send in their inputs by filling out an online form or by participating in meetings.

The Michigan Hydro Licensing Coalition, a member of Hydropower Reform Coalition, has been actively participating in this process.

Presentation on the Story of the Muskingum River Locks and Dams

Rupak Thapaliya — Wed, 02 Apr 2008 09:21:52 -0500

A lecture about river system and locks & dams, will be presented at the Ohio River Museum, on Marietta, OH on April 6, 3:00-4:30 pm. The presentation entitled "Oh Dams! The Story of the Muskingum River Locks and Dams" will discuss the lock and dam system running from Zanesville to Marietta.

For more information, visit http://ohsweb.ohiohistory.org/calendar/2008apr.cfm or call the Campus Martius Museum at (740) 373.3750, 800-860-0145 or e-mail averhoff@ohiohistory.org.

Minnesota to buy power from Canada

Rupak Thapaliya — Mon, 04 Feb 2008 12:45:02 -0600

Minnesota is set to buy hydropower from Manitoba Power company in Canada, a move that could potentially have big implications on the future of power-deals between the US and Canada. Minnesota Power will purchase any surplus electricity from Manitoba Power, a utility based in Winnipeg, starting this year. Under the deal, the US utility will also buy 250 MW of electricity for 15 years starting from 2020. This would require building of hydroprojects and dams along with trans-boundary transmission lines.

Manitoba Power will have to build new hydroprojects to supply the additional 250 MW in future. The power company has laid eyes on two new hydroprojects- the Keeyask and the Conowapa, costing $3.5 billion $ 5 billion respectively.

In western Canada, the potential power deal between British Columbia and the northwestern US states, has raised concerns for building of new dams and hydroprojects. By the end of 2007, power developers in BC had applied for permits for 450 dams on over 300 rivers and streams.

Pre-Application Document filed for Oswegatchie River Hydro Project

Rupak Thapaliya — Tue, 08 Jan 2008 10:01:34 -0600

Project: Oswegatchie River : P-2713

Erie Boulevard hydropower, L.P. has submitted its Pre-Application Document for the Oswegatchie River Hydroelectric Project. This 30 MW project expires in December 31, 2012.

American Rivers & NOAA now accepting proposals for river restoration grants

John Seebach — Mon, 01 Oct 2007 14:48:12 -0500

American Rivers seeks proposals for river restoration project grants as part of its partnership with the National Oceanic and Atmospheric Administration (NOAA) Community-based Restoration Program. Program funding is provided through NOAA’s Open Rivers Initiative, which seeks to enable environmental and economic renewal in local communities through the removal of stream barriers.

This Partnership funds stream barrier removal projects that help restore riverine ecosystems, enhance public safety and community resilience, and have clear and identifiable benefits to diadromous fish populations. Diadromous fish migrate between freshwater and saltwater during their life cycle. Examples include alewife, American eel, American shad, blueback herring, salmon, steelhead, shortnose sturgeon and striped bass. Projects in the Northeast (ME, NH, VT, MA, CT, RI), Mid-Atlantic (NY, NJ, PA, DE, VA, MD, DC), Northwest (WA, OR, ID), and California are eligible to apply. Projects located within the St. Lawrence/Great Lakes Basin are not eligible for funding in the December 2007 grant round.

Eligible applications will be evaluated based upon four priority criteria:

Ecological merits of the project,
Technical feasibility of the project,
Benefits provided to the local community, and
Financial clarity and strength of the application.

Grants are provided for three distinct project phases: Feasibility Analysis, Engineering Design and Construction. Average grants are $25,000 - $50,000. Successful applicants for one project phase will not be eligible to receive additional funding for that same project phase in future grant rounds. See the Funding Guidelines for additional details.

Applications are currently being accepted for the first cycle of fiscal year 2008 with a deadline of December 3, 2007. Applications for projects must be postmarked by the deadline for consideration in this funding cycle. Potential applicants should contact American Rivers to discuss potential projects prior to submitting an application. Applicants can expect notification about funding decisions in early March 2008.

Obtain the Application for Financial Assistance and Funding Guidelines on the American Rivers web site.

Take a class in dam removal!

John Seebach — Wed, 18 Jul 2007 10:09:59 -0500

The University of Wisconsin, in partnership with Coalition members American Rivers and Trout Unlimited and several other organizations, is home to the nation’s only regular short course on dam removal, entitled "Succeeding with a Dam Removal Project."

The next course will be held in East Lansing, Michigan from November 5-7, 2007. Join the ranks of more than 500 people across the country that have taken the course, and deepened their understanding of how to plan, design and implement successful dam removal and river restoration projects.

Please see the attached brochure for details and registration info.

Attachment	Size
Dam Removal Course Michigan 11-07.pdf	299.63 KB

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."

License amendment on Lower Raquette adds generation and environmental benefits

John Seebach — Tue, 12 Dec 2006 13:16:04 -0600

Project: Lower Raquette River : P-2330

A license amendment for Erie Boulevard's Lower Raquette River project will increase the project's generating capacity by 50% (from 12 to 18 MW) while converting four dams from peaking generation into run-of-the-river mode, speeding up the license's fish protection and downstream fish passage measures by three years (from 2010 to 2007), and adding upstream eel passage at four dams.

FERC amends license for Sturgeon Falls project

John Seebach — Thu, 07 Dec 2006 23:00:00 -0600

Project: Sturgeon Falls : P-2720

FERC issued a license amendment which increased the authorized capacity of the Sturgeon Falls project to 6.4 MW. The licensee requested the amendment after rehabilitating several turbines that were damaged in December, 2005.

FERC seeks input on Mongaup River recreation usage

John Seebach — Wed, 06 Dec 2006 09:19:44 -0600

Project: Rio : P-9690 | Swinging Bridge : P-10482

FERC is seeking public comments on recreation usage at Mirant's Rio Project on New York's Mongaup River. In particular, the Commission is seeking comments on Mirant's 2004 Recreation Usage Report, which FERC will use to determine if "changes are needed to the whitewater releases at the project."

Comments are due on January 5, 2007.

The report was originally submitted in July of 2005, but FERC chose to hold off on its evaluation because of problems at the Swinging Bridge project that temporarily halted recreation on the river.

FERC issues preliminary permit for Mineville project

John Seebach — Mon, 13 Nov 2006 17:16:26 -0600

FERC issued a preliminary permit for a proposed 189MW pumped storage project in Essex County, New York. From FERC's order Issuing Preliminary Permit (for docket P-12635):

The proposed [189-megawatt (MW] Mineville Pumped Storage Project would be located in the existing Old Bed, New Bed, and Harmony Mines within the town of Moriah in Essex County, New York. The mines are owned by X-Earth Corporation of Elizabethtown, New York, and by Rhodia Corporation of Cranbury, New Jersey.

The proposed [project] would consist of: (1) an upper reservoir using the existing + 200 level of the underground Harmony Mine having a surface area of 99 acres, with a storage capacity of 1,900 acre-feet and a normal water surface elevation of 200 feet NGVD, (2) a lower reservoir using the existing underground -1185 level of the Harmony Mine having a surface area of 75 acres, with a storage capacity of 2,500 acre-feet and a normal water surface elevation of -1,135 feet NGVD, (3) seven identical 1000-foot-long, 96-inch-diameter vertical bored penstocks with grouted steel casing, (4) a proposed powerhouse containing seven generating units having a total installed capacity of 189 MW; (5) a proposed 1-mile-long, 115-kV transmission line; and (6) appurtenant facilities. The project would have an annual generation of 650 GWh.

FERC Allows Unlicensed Testing of New Technology

John Seebach — Thu, 14 Apr 2005 07:00:00 -0500

In an April 14, 2005 order, FERC permitted Verdant Power to test its new "damless" hydropower technology without a license on Roosevelt Island in the East River in New York City. At the end of an 18-month test period, Verdant must return to FERC and seek a new license in order to continue operating.

FERC contends that nothing in its ruling establishes new precedent. It makes three key findings that differentiate this project from any other project:

The technology is truly experimental.
The technology needs a short-term testing period to determine viability.
The project will not contribute power to the grid.

The final finding was a change to Verdant's proposal, which included supplying power to nearby commercial customers. The Order affirmed that such a project still requires a preliminary permit and that in order to contribute power to the grid, the project must ultimately obtain a license.

In the meantime, at the request of resource agencies, FERC stated that nothing in its order absolves the project from obtaining necessary state and federal permits.

The Coalition is watching to see whether FERC's order is effectively encouraging new technologies while protecting rivers and maintaining its responsibilities under the Federal Power Act. Stay tuned.

Permit for Mohawk River (NY) Dam Rejected

John Seebach — Fri, 21 Jan 2005 06:00:00 -0600

Project: School Street : P-2539

On January 19, 2005, the Federal Energy Regulatory Commission (FERC) rejected Green Island Power Authority's (GIPA) bid for a preliminary permit to construct a new dam on the Mohawk River in upstate New York. P-12522 (also known as the Cohoes Falls project) would consist of a 20-foot dam above Cohoes Falls and a powerhouse below the falls.

Why did FERC reject this small first step in licensing a new project? Because the Cohoes Falls project would have been located only half a mile downstream from another hydropower dam called School Street (FERC Project No. P-2539). School Street is built with the same power generation design, only smaller - the dam is only 16 feet high. GIPA's Cohoes Falls project would have created a reservoir that inundated the School Street dam, rendering it inoperable.

Under the Federal Power Act, FERC cannot issue contradictory licenses. In other words, if FERC authorizes one project under a given set of terms, it cannot authorize a second project that would conflict with the terms of the first project. This case, however, was somewhat unique because of timing and politics.

School Street was one of several licenses in New York that expired in 1993. The New York water quality agency refused to permit them all at once, instead setting up a schedule for dealing with each license in turn through settlement negotiations. School Street was the last project on this list. Because project negotiations began nearly a decade after the original license had expired, and because FERC cannot issue a license without state water quality certification, School Street has been operating on annual licenses since 1993. The settlement team expects to reach a settlement soon.

GIPA, a quasi-governmental agency, argued that since the School Street relicensing process has taken intolerably long, and since GIPA's proposal has far more public benefit, FERC should waive its constricting regulations, terminate the School Street license, and authorize GIPA to start the licensing process.

GIPA's proposal also had the support of some big names. Senators Clinton and Schumer wrote letters supporting the proposal; Congressman McNulty appeared before the FERC Commissioners to voice his support for the Cohoes Falls project.

Ultimately, FERC refused the permit. In its order, FERC determined that the Federal Power Act - a law which FERC does not have the authority to waive - both prohibits a new license application from being filed at the project (more than 13 years after the deadline for such applications had passed) and prevents the Commission from issuing a license that would constitute revocation or alteration of the School Street Project's existing license. The order also cites FERC's existing regulations and precedents.

Read the FERC Order.

10,000 acres of land removed from Peshtigo River projects

John Seebach — Mon, 15 Sep 2003 07:00:00 -0500

In a September 15 order, the Commission granted an application by Wisconsin Public Service Corporation to amend the project boundaries of five of its projects to remove 9,738 acres of land. All but 389 acres will be transferred to the State of Wisconsin to become a part of the Peshtigo River State Forest. The remaining 389 acres are earmarked for private development.

The Commission placed two key conditions on the amendment: a 200-foot buffer zone from the shoreline and certain recreation facilities will remain within the project boundary. Coalition member River Alliance of Wisconsin protested the appropriateness of this amendment and fragmented rebalancing only a few years after relicensing.

Two Dams Break in Michigan' s Upper Peninsula

John Seebach — Wed, 14 May 2003 07:00:00 -0500

Project: Dead River : P-10855

On May 14, an earthen dike on the Dead River near Marquette, Michigan collapsed, sending an 8-billion gallon torrent of water downstream and ultimately forcing another dam breach the following day. Over 1,700 people were evacuated from their homes.

The 90-year old dam, which held back Silver Lake, was restraining the pressure of heavy rains at the time of collapse, but according to reports, the water level was nowhere near anticipated critical levels. Investigations are still underway.

Silver Lake supplies flow for two downstream hydroelectric dams as a part of Wisconsin Electric Power Co.' s Dead River Project (P-10855).

The damage from the dam breach is estimated at $102 million, with the largest price tag on a destroyed coal-fired power plant.

Read the news reports:

http://www.enn.com/news/2003-05-16/s_4480.asp

http://www.jsonline.com/news/state/jun03/146696.asp

Watch a slide show:

http://www.miningjournal.net/

(Click on " Flooding" in the green box on the right side of the screen.)