Hydropower Reform Coalition - Idaho

More Hydropower Projects Seek LIHI Certification

Rupak Thapaliya — Mon, 04 Jan 2010 13:46:20 -0600

Project: Merwin : P-935 | Bear River : P-20 | Cutler Plant : P-2420

The last day of 2009 saw seven hydropower projects filing their application for certification with the Low Impact Hydropower Institute. In 2009 alone, the Institute issued certifications for nine projects throughout the country. So far, there are 46 LIHI certified projects in 24 states.

Of the seven newest projects seeking LIHI certification, five are owned by PacifiCorp. The seven projects are:

PacifiCorp’s Lewis River Projects (P-935, P-2071, and P-2111) in Washington
PacifiCorp’s Bear River Project (P-20) in Idaho
PacifiCorp’s Cutler Project (P-2420) in Utah
PacifiCorp’s Prospect No. 3 Project (P-2337) in Oregon
PacifiCorp’s Ashton Project (P-2381) in Idaho
TransCanada Hydro’s Deerfield River Project (P-2323) in Vermont and Massachusetts, and
Brookfield’s Fife Brook Project (P-2323) in Vermont and Massachusetts

LIHI is seeking public comments by March 3, 2010. More information on each of the projects and instructions on how to submit comments are available at www.lowimpacthydro.org.

LIHI provides certification to projects based on eight key areas:

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

According to LIHI, Certification is designed to provide consumers with assurance that a facility has avoided or reduced their environmental impacts.

Avista Gets 50-year License for Spokane River Projects

Rupak Thapaliya — Fri, 19 Jun 2009 11:53:33 -0500

Project: Spokane River : P-2545

Avista Corporation has received a new 50-year license to operate its Spokane River hydroelectric projects (P-2545).

Of the five developments, Post Falls is located in Idaho while the other four- Upper Falls, Monroe Street, Nine Mile and Long Lake, are located in Washington.

The new license issued by FERC yesterday, includes provisions from the settlement agreement reached between the licensee, agencies and other stakeholders. Such provisions include protection and mitigation measures for the natural resources affected by the project.

The 137.67 MW project occupies about 6,460 acres of federal and tribal lands, including about 5,996 acres that are part of the Coeur d’Alene Reservation.

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.

Idaho Bar Review on the Energy Policy Act

Rebecca Sherman — Wed, 13 Jun 2007 15:11:46 -0500

Project: Hells Canyon : P-1971 | Spokane River : P-2545 | Klamath : P-2082

The June/July 2007 edition of The Advocate, the official publication of the Idaho State Bar, features an article on the hydropower provisions of the Energy Policy Act (EPAct).

Written by attorney Rick Eichstaedt of Center for Justice, Adell Amos with the University of Oregon's School of Law, and the Coalition's Rebecca Sherman, the article discusses the results of the first few invocations of the EPAct proceedings in the Northwest: Hells Canyon dams on the Snake River, the Klamath River dams, and the Spokane River dams.

Unlike the celebratory descriptions of attorneys representing utilities in these proceedings, the article describes how in fact, the EPAct has only resulted in expensive legal fees and reduced environmental protections.

In its conclusion, the article notes:

A more common outcome of hearing requests is not a confirmed set of facts but an exclusive supra-licensing settlement proceeding that revises the underlying agency mandatory conditions. This threatens only to further complicate the relicensing process and undermine the intent of the Federal Power Act.

This article is the first representation to the legal community that there is a second and perhaps less financially interested perspective on EPAct's effect and success.

To request a copy of the article, please contact the Coalition.

Coalition seeks Northwest Coordinator

Rebecca Sherman — Tue, 22 May 2007 18:54:52 -0500

The Hydropower Reform Coalition is seeking a new Northwest Coordinator to manage its Northwest operations.

If you are interested in the position, please review the attached job announcement. The deadline for applications is Sunday, June 17th.

Attachment	Size
NW HRC position description.pdf	192.12 KB

New Dam Proposed for Idaho's Bear River

Rebecca Sherman — Fri, 15 Dec 2006 12:59:52 -0600

Project: Bear River : P-20

The Twin Lakes Canal Company has formally begun its application with FERC to construct a new hydropower dam in the Oneida Narrows section of the Bear River in southeastern Idaho. The Oneida Narrows is the last free-flowing stretch of the Bear River in Idaho.

In 2002, PacifiCorp reached a comprehensive settlement agreement for its four-dam Bear River Hydropower Project. FERC issued PacifiCorp a new license in 2003, including a provision to study removal of Cove Dam. Pursuant to the study, Cove Dam was removed in fall 2006. The license also includes responsibilities totalling millions in investments for Bonneville cutthroat trout and improvements to river flows.

At the same time, the Twin Lakes Canal Company is trying to build a dam in the Oneida Narrows, the last free-flowing stretch of the Bear River. Idaho Rivers United issued this press release when the Company issued its Pre-Application Document (PAD) and formally initiated the licensing process:

December 15, 2006

For immediate release

Contact: Kevin Lewis IRU, o) 208-343-7481 c) 208-830-4870

New Dam Proposed for Bear River

Project would impair water quality, destroy valuable fish habitat, and flood prime recreation area

BOISE— The Twin Lakes Canal Company has filed its official notice with the Federal Energy Regulatory Commission (FERC) that they are formally initiating the licensing process to construct a hydropower dam in the Oneida Narrows section of the Bear River in southeastern Idaho.

“This dam would result in a tremendous loss for families in Southeastern Idaho and Northern Utah who love the Oneida Narrows for the fishing, camping, and boating opportunities it provides,” said Kevin Lewis, Conservation Director for Idaho Rivers United.

“There is significant local opposition to this ill-founded proposal, and we will work with communities in Franklin County to fight this thing to the death.”

Initial review of the “Pre-Application Document” (PAD), filed yesterday with the FERC, reveals little more than a “warmed over” proposal from a previous licensing attempt in the early 1990s. The earlier licensing attempt was met with near universal opposition from federal and state agencies and conservation groups and caused a groundswell of local opposition. That project was finally withdrawn when the state of Idaho refused the company’s water right application.

In the November election, the Franklin County Commissioners placed an advisory measure on the ballot to gauge the level of public concern about the proposed dam. The project was opposed by 52% of voters.

Idaho Rivers United has significant concerns with this proposed project:

Water quality in the Bear River will be further degraded and reservoir evaporation will reduce water supplies downstream.

Critical fish and wildlife habitat will be flooded – including wintering ground for deer and elk.

If constructed, this project will negatively impact the PacifiCorp hydropower project located just upstream and threatens to derail the Bear River Hydropower settlement – including restoration efforts for Bonneville Cutthroat Trout.

The Oneida Narrows contains the largest piece of public lands along the entire Bear River in Idaho.

Flooding this land will forever destroy a valuable recreational resource for fishing, camping, kayaking, rafting, tubing and wildlife viewing. Twin Lakes Canal Company will hold a public scoping meeting in Preston, Idaho in March 2007 with a draft license application being submitted to the FERC in September 2007.

Idaho Rivers United is a statewide river conservation organization dedicated to protecting and restoring Idaho’s rivers. For more information please contact Kevin Lewis at (208) 343-7481 or visit http://www.idahorivers.org.

Hells Canyon DEIS Issued

Rebecca Sherman — Fri, 28 Jul 2006 23:00:00 -0500

Project: Hells Canyon : P-1971

On July 28, 2006, FERC published a draft environmental impact statement for the licensing of the Hells Canyon Complex. The 1000+ MW project blocks all migration for endangered Snake River salmon and steelhead. FERC does not recommend any additional passage into tributaries or the mainstem Snake River for the next 30-50 year license.

Media advisory

September 1, 2006

Last chance for public to weigh in on Hells Canyon dam operations

Major improvements needed to restore clean water, fish passage, beaches to Snake River

Contact:

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

Brett Swift, American Rivers, 503-827-8648

Rebecca Sherman, Hydropower Reform Coalition, 503-827-8653

BOISE -- Members of the public will have a final opportunity at five upcoming hearings to influence what kind of environmental improvements will be included in the new license for Idaho Power Company's Hells Canyon dams.

The Federal Energy Regulatory Commission (FERC) is holding the meetings to gather public comments on the draft Environmental Impact Statement it prepared as part of the relicensing process for the 3-dam complex on the Snake River, on the Oregon-Idaho border.

For roughly 50 years, the dams in Hells Canyon have damaged the Snake River, its fish, and recreation opportunities. The dams completely block salmon and steelhead from historic habitat, and dam operations have altered the river's flow, eroded beaches, and degraded water quality.

American Rivers and Idaho Rivers United are calling on FERC to require stronger measures than the actions described in the draft Environmental Impact Statement, to make Idaho Power meet its basic responsibilities to the river and communities by fixing the damage its dams have caused.

Specifically, the groups are urging FERC to:

Require fish passage: FERC should immediately require fish passage for spring chinook and steelhead into tributaries within Hells Canyon, and require fall chinook passage once water quality is sufficiently restored.

Restore clean water: Pollution is concentrated in the pools behind the Hells Canyon dams, contributing to mercury contamination in fish and creating a health hazard. FERC should require Idaho Power to meet all state and federal water quality standards in the area impacted by the dams.

Improve flows: Right now, Idaho Power can quickly and drastically change river levels, which is very damaging to the ecosystem. FERC should make Idaho Power stop this harmful practice, implement tighter ramping rate restrictions, and release water from the dams in a way that benefits salmon and steelhead.

Restore beaches: On an annual basis, the dams hold back 220,000 to 384,000 tons of sand and gravel. FERC must require Idaho Power to replenish both gravel and sand so that beaches for river recreation can be restored.

Assess economic benefits: FERC failed to adequately assess the substantial economic benefits of a restored river. FERC must calculate the regional economic benefits of restored salmon runs, cleaner water and restored beaches to the recreation and fishing industries, and to communities.

Locations of public hearings (all times are local):

BOISE, ID, Sept. 7: from 7 to 11 p.m. (MST) at the Doubletree Hotel Boise Riverside, 2900 Chinden Blvd
BOISE, ID, Sept. 8: from 10 a.m. to 2 p.m. at the Doubletree Hotel Boise Riverside, 2900 Chinden Blvd
HALFWAY, OR, Sept. 11: from 7 to 9 p.m. at the Lions Hall, Center St.
WEISER, ID, Sept. 12: from 7 to 9 p.m. at the Weiser Senior Center,115 E. Main St.
LEWISTON, ID, Sept 13: from 7 to 9 p.m. at the Lewiston Community Center, 1424 Main Street

Copies of draft EIS available

Visit FERC's web site at http://www.ferc.gov. Follow the e-Library link and enter the docket number, P-1971, in the e-Library docket number field.

For assistance, e-mail FERC Online Support at FERCOnlineSupport@ferc.gov or call toll-free at 1-866-208-3676, or for TTY, (202) 502-8659.

NMFS fails to require fish passage for Hells Canyon

John Seebach — Thu, 26 Jan 2006 06:00:00 -0600

Project: Hells Canyon : P-1971

FERC's deadline for all interested parties in the Hells Canyon dams to file their recommendations for terms and conditions in the new license was January 26, 2006. The federal National Marine Fisheries Service - the agency charged with protecting migrating endangered salmon and steelhead - submitted a simple reservation of authority. In other words, the agency did nothing and failed in its responsibility to protect these endangered species.

Other agencies submitted preliminary terms and conditions that required or recommended passage into tributaries or for resident fish, all of which will be revised and resubmitted once FERC has finished its NEPA analysis.

The dams were constructed in the 1950s and 1960s, permanently cutting off all migration to 360 miles of habitat on the Snake River mainstem in addition to key tributaries like the Boise River. Coalition members American Rivers and Idaho Rivers United have been working hard for years to have fish passage and sorely-needed water quality fixes on the next Hells Canyon license.

A quick sketch of recent commitments for three large hydropower projects around the Northwest shows that kilowatt-hour for kilowatt-hour, the next Hells Canyon license should be worth $574 million. Presently, the company has proposed a package worth $200 million less than the regional average.

To learn more about Hells Canyon, visit Restore Hells Canyon.

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.

Restoring Idaho's fisheries could bring over $500 million annually to state economy

John Seebach — Tue, 02 Aug 2005 07:00:00 -0500

A study from Idaho Rivers United shows that salmon and steelhead restoration isn't only the right thing to do, it's pretty great for our pocketbook, too.

From IRU's press release:

Study — Restored salmon/steelhead fisheries could spark economic boom for Idaho towns

Contact:
Don Reading, Ben Johnson Associates, o) 208-342-1700
Robert Zimmerman, Mayor of Riggins, o) 208-870-6445
Stan Davis, Mayor of Salmon, o) 208-756-3214
Steve Barnard, Stanley City Council o) 208-774-2895
Greg Edson, Stanley-Sawtooth Chamber o) 208-733-1921

Boise — Fully restored salmon and steelhead fisheries in Idaho could produce $544 million in economic activity a year, with most of the activity benefiting small, rural communities in the Salmon and Clearwater River basins, according to a study released today by civic and business leaders from around the state.

The study, The Potential Economic Impact of Restored Salmon and Steelhead Fishing in Idaho, was conducted by Dr. Don Reading, a Boise economist who works for the Florida-based economic consulting firm, Ben Johnson Associates. It was reviewed and endorsed by the Mayor of Riggins, City of Stanley and business and economic development organizations in Salmon, Challis and Stanley.

"This study shows that the recovery of salmon and steelhead fisheries in the Snake River Basin to sustainable, abundant and harvestable levels would provide substantial economic benefit to Idaho," Dr. Reading said. "Not surprisingly, our work showed that the largest benefits would occur in the Upper Salmon River region — towns like Salmon, Challis and Stanley — where salmon fishing has been prohibited since 1978."

"The headwaters of the Salmon River offered important salmon and steelhead fisheries in the 1950s and 60s. Old-timers here say that the Stanley Basin was a mother lode for salmon fishermen," said Stanley-Sawtooth Chamber of Commerce Executive Director Greg Edson. "This study is important because it shows us what we have lost over the years, and more importantly, it shows us what restoring wild salmon and steelhead fisheries could bring to our community.

"Stanley's economy depends on tourism dollars," Edson said. "Restored salmon fishing, and a more dependable steelhead fishery, would give people more reasons to visit our town. This study shows how important it is, in economic terms, to restore salmon and steelhead populations in Idaho and in the Upper Salmon Basin." Communities that could expect the highest annual economic returns from a fully restored fishery are:

Lewiston ($51.9 million)
Orofino ($47.2 million)
Salmon ($40.4 million)
Riggins ($35.7 million)
Challis ($26.8 million)
Stanley ($14.2 million)

Reading, an author of three earlier studies examining various salmon and steelhead fishing economies in Idaho, used Idaho Department of Fish and Game data on fishing effort during the 1950s, 1990s and 2001 to determine the value of restored fisheries. He then applied economic data from limited fishing seasons in the mid-1990s and 2001 to paint the economic picture of total potential benefits.

Reading's previous study, The Economic Impact of the 2001 Salmon Season in Idaho, showed $90 million in economic activity during a very limited salmon fishing season in Idaho. A 1996 study by Reading detailed similar economic benefits generated by steelhead fishing.

Although Reading says his figures are a bit on the conservative side, given limitations of models used to calculate indirect economic benefits, economic development officials in the Upper Salmon Basin said they would welcome any portion of the economic activity the study predicts.

"In reviewing this study some people felt the estimates for Salmon and Challis seemed a bit high," said Salmon Mayor Stan Davis, who also serves on the board of the Lemhi Economic Development Associations. "But even if you cut these numbers in half, restored salmon fishing would be a great benefit to our communities. Right now we receive no benefits from salmon fishing.

"I think what's important now is that we work together, as communities, as a state, and as a region, and figure out how to get the job of salmon recovery done," Mayor Davis added. "This is not an opportunity we should let pass by."

Mayor Bob Zimmerman of Riggins knows well the benefits of strong salmon and steelhead fishing seasons. "Salmon and steelhead fishing has represented about a third of our town's economic activity over the last couple of years," Zimmerman said. "Good fishing seasons can determine whether or not some of our businesses end the year in the black, or in the red. For us, a restored fishery — with dependable, annual seasons — would certainly allow our business community to plan better, do more marketing and benefit more from this incredible resource."

For more information:

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.

Preliminary Permits Denied on Environmental Grounds

John Seebach — Fri, 24 Sep 2004 07:00:00 -0500

Bill Sedivy, Idaho Rivers United

o) 208-343-7481
h)208-853-3429

Sara Eddie, Advocates for the West

c) 208-890-6630

Court of Appeals upholds denial of permits for new Snake River dams

The U.S. Tenth Circuit Court of Appeals in Denver has ruled that federal energy regulators acted properly in citing environmental concerns and citizen opposition when rejecting preliminary permit applications for two new hydroelectric dams on the mid-Snake River near Twin Falls.

The court ruling, issued Tuesday and received by parties in the case today, upholds an April 2002 decision by the Federal Energy Regulatory Commission denying preliminary applications sought by Symbiotics, LLC of Rigby, Idaho for proposed hydro projects at the site of Star Falls and Eagle Rock, located on the mid-Snake River east of Twin Falls.

Symbiotics, which also has offices in Utah, appealed the decision to the Tenth Circuit. IRU intervened in the case to help make sure the earlier FERC decision was upheld.

In denying the applications, FERC took the unprecedented step of rejecting the dams because environmental values at the sites were found to be more important than power production. The Star Falls and Eagle Rock sites are two of the last remaining free-flowing segments of the Snake River, are protected by state law, and are valued for their scenic, fishing and boating values.

Idaho Rivers United and citizen activists from the Magic Valley voiced vocal opposition to the projects as FERC considered the applications on environmental, aesthetic and recreational grounds.

"This decision is wonderful for a couple of reasons," IRU Executive Director Bill Sedivy said.

"First, it' s great to see the court uphold protections for these free reaches of the mid-Snake," Sedivy said. "Second, it' s good that the court upheld FERC's recognition of protecting rivers for environmental reasons; and finally, the court really recognizes in its decision the comments of ordinary citizens who wanted to protect their part of the Snake."

"This case is a big win for citizen participation in issues affecting the management and health of our rivers," Sedivy added.

In his opinion for the Court, Circuit Judge Robert H. Henry quoted several arguments against the preliminary license applications made by Idaho Rivers United and quoted at length from comments written by several citizen activists.

"This ruling shows that it does indeed make a difference when people speak out on conservation issues," Sedivy said.

IRU was represented in the appeals case by Advocates for the West attorneys Laurie Rule, Laird Lucas and Sara Eddie. Advocates is a non-profit environmental law firm based in Boise.

"The Court also notes in its decision that new dams would result in violations of State Comprehensive Water Plan," Rule said. "That was one of the main arguments made by IRU in the original permit case before FERC."

More information:

FERC staff's denial of Snake River preliminary permits (April 2002)
The Commission's Order on Rehearing, supporting staff's decision (July 2002)
The 10th Circuit Court of Appeals' Opinion in support of FERC's right to deny permits on these grounds (see below)

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.

Federal Court Rules Against FERC on Hells Canyon Case

John Seebach — Tue, 22 Jun 2004 07:00:00 -0500

Project: Hells Canyon : P-1971

Court finds agency' s delay on ESA consultation petition “nothing less than egregious”

SEATTLE – Today, calling the agency' s delay “egregious,” a federal court ordered the Federal Energy Regulatory Commission (FERC) to respond to a 1997 petition from conservation groups requesting that the agency consult with NOAA Fisheries on the adverse impacts the Hells Canyon Complex has on endangered salmon and steelhead.

“We applaud the court' s decision,” said Connie Kelleher of American Rivers. “The court has told FERC in very strong terms that it can' t avoid its responsibilities to protect endangered species by sticking its head in the sand.”

“This decision is great news in terms of making real progress in salmon recovery in the Snake River basin," added Kelleher.

In 1997 a coalition of conservation groups petitioned FERC to meet its obligations in consulting under the ESA with NOAA Fisheries regarding the impacts of the 3 Hells Canyon dams on threatened and endangered Snake River salmon and steelhead. FERC refused to answer the petition, which has now languished for more than six years.

Last year American Rivers and Idaho Rivers United sought a “writ of mandamus” from the D.C. Circuit Court of Appeals compelling FERC to respond to the 1997 petition.

In a strongly worded opinion (attached - see below), the court found that FERC' s 6-year delay in responding to the petition “is nothing less than egregious.” Accordingly, the court concluded that “petitioners are entitled to an end to FERC' s marathon round of administrative keep-away and soon,” and ordered FERC to take action on the petition within 45 days.

The court acknowledged that a writ of mandamus is “an extraordinary remedy reserved for extraordinary circumstances,” but found that FERC's “unreasonable delay presents such a circumstance because it signals the ‘breakdown of regulatory processes.' "

The massive 3-dam Hells Canyon Complex, owned and operated by Idaho Power Company, has severe impacts on salmon and steelhead. Located on the Snake River on the Idaho/Oregon border, the Complex is the ultimate barrier for migrating salmon and steelhead in the upper Snake River basin. The Complex blocks fish from hundreds of miles of their historic habitat, including over 80 percent of the habitat for Snake River fall chinook salmon. The dams also harm fish downstream by degrading water quality, interfering with fish migration and spawning by altering natural river flows, and blocking the downstream movement of sediment -- causing beach erosion and damage to fish habitat. Although Idaho Power is currently in the process of relicensing this facility, the earliest the new license would be issued is 2006 -- and it could take much longer – up to a decade or more. Some scientists have forecast that certain stocks of Snake River salmon could go extinct as soon as 2016.

While FERC concedes that it must engage in ESA consultation over issuance of the new license, today' s court decision goes to the controversy over whether FERC must also engage in ESA consultation over the current license, issued in 1955. Snake River salmon and steelhead were added to the endangered species list in the early 1990s and since that time, FERC has never consulted over the impacts of the Hells Canyon project.

“The ESA requires agencies to take quick action to protect endangered species, yet FERC's avoidance and delay means endangered salmon have gone six more years without critical recovery measures” said Sara Eddie, attorney for Idaho Rivers United. “We can only hope that now FERC will take that responsibility seriously and order Idaho Power to protect these fish.”

Improving operations at the Hells Canyon Complex is also a key piece of the federal Salmon Plan for the Snake and Columbia Rivers. The Complex interferes with the timely delivery of salmon-friendly flows from upstream dams, thus undermining a primary element of the Salmon Plan. Idaho Power refuses to release this water to help the salmon and steelhead migration without compensation from the federal government, while FERC has allowed this practice to continue.

“Today' s ruling is a huge victory for salmon in a period of repeated failures by this administration and its agencies,” said Pat Ford, Executive Director of Save Our Wild Salmon. “This decision paves the way for ensuring that Idaho Power does its fair share for salmon and salmon dependent communities in the west.”

Meyer & Glitzenstein, a public interest law firm based in Washington, D.C., represented the conservation groups in their lawsuit.

American Rivers is a national non-profit conservation organization dedicated to protecting and restoring healthy natural rivers and the variety of life they sustain for people, fish, and wildlife. Its Northwest Regional Office, based in Seattle, works on river conservation efforts in Washington, Oregon and Idaho.

Idaho Rivers United is a statewide non-profit conservation organization based in Boise, Idaho. Its mission is to protect and restore the biological integrity of Idaho' s rivers.

Save Our Wild Salmon is a nationwide coalition of more than 50 conservation organizations, sport and commercial fishing associations, businesses, river groups and taxpayer advocates collaborating to protect and restore sustainable wild runs of America's Pacific Northwest salmon and steelhead, and the habitats upon which they depend.

Contacts:

Connie Kelleher, American Rivers -- (206) 213-0330 ext 14
Sara Eddie, Attorney for Idaho Rivers United -- (208) 342-7024 ext 6
Nicole Cordan, Save Our Wild Salmon -- (503) 703-3733
Jonathan Lovvorn, Meyer & Glitzenstein -- (202) 588-5206 ext 12

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Poll reveals overwhelming support for Hells Canyon and salmon restoration

John Seebach — Tue, 15 Jun 2004 07:00:00 -0500

Project: Hells Canyon : P-1971

Visit Restore Hells Canyon for more about the poll and the campaign.

Poll reveals overwhelming support for Hells Canyon and salmon restoration

Boise — Nearly 8 of 10 voters who live in the Idaho Power service area think the company should be held responsible for restoring the ecological health of Hells Canyon, according to an independent poll released today.

In addition, 71% of the people polled believe salmon restoration — both upstream and downstream of Hells Canyon Dam — should be required in any new federal license for the company' s three-dam Hells Canyon Dam complex.

The poll, commissioned by Idaho Rivers United and American Rivers and released today with concerned fish biologists and business owners, was conducted to gauge citizen concern over the license renewal process for Idaho Power' s Hells Canyon dams. The current Hells Canyon license expires in 2005. The new license could govern operations at the dams for the next 30 to 50 years.

While the poll shows that people living in Idaho Power's service area generally view the company favorably, 79% also believe the utility is ultimately responsible for reversing degradation of the Snake River caused by the dams — including declines in salmon habitat, beach erosion, sediment buildup, water pollution and other issues.

At a Tuesday press conference, a fisheries biologist and the co-owner of a Hells Canyon river outfitting business called on Idaho Power, which operates the dams at a profit, to reinvest in the public resources they use to generate electricity.

"A healthy Hells Canyon is critical to my business and other tourism related businesses in Oregon, Washington and Idaho," said Carole Finley, who with her husband, Jerry Hughes, owns Hughes River Expeditions of Cambridge, Idaho. "This poll tells me that I am not alone in my concern over the long-term health of this spectacular place."

"This relicensing is an opportunity for Idaho Power to show true corporate responsibility by stepping up and making investments in restoring Hells Canyon," Finley said. "During the course of 18 years of doing business in the Canyon, we' ve seen first hand the impacts of current operations at the dams. This next license must require Idaho Power to do a better job of protecting one of America' s most special places."

Finley' s company is the longest operating outfitter in Hells Canyon, which was designated by Congress in 1975 as one of America' s Wild & Scenic Rivers. Finley says wildly fluctuating flows and a lack of sediment movement have destroyed beaches and wildlife habitat in the Canyon.

"The Snake in Hells Canyon is still one of our nation' s most beautiful rivers," Finley said. "But Idaho Power should not be allowed to degrade it further. If fact, I believe the company has a responibility — to our children, and their children — to begin the process of healing and restoring the beaches and habitat they' ve impacted."

Roy Heberger, a retired U.S. Fish and Wildlife Service fish biologist, said the Hells Canyon dams have had tremendous impact on the ecology of West-Central Idaho and Eastern Oregon.

"Hells Canyon is said to be the Grand Canyon of the Northwest," Heberger said. "It could also be said that Idaho Power' s three-dam Hells Canyon complex is the Glen Canyon Dam of the Snake River. Like the Colorado in the Grand Canyon, the Snake River in Hells Canyon is broken and needs to be fixed."

Heberger said current dam operations wiped out once native salmon and steelhead runs above the dams, blocking the flow of important ocean nutrients to the Boise, Payette, Weiser and other river basins. The dams also impact water quality, the timing of flows and the movement of important, habitat forming sediment and other species like bull trout, red band trout and white sturgeon.

"All of these impacts must be evaluated and addressed in the relicensing process," Heberger said. "Idaho Power created these problems, and they have a responsibility to address them."

With the completion of the Hells Canyon complex in the late 1960s, 95 miles mainstem salmon habitat was cut off to migrating fall chinook. Steelhead and spring chinook lost access to important tributary streams, like the Weiser, the Boise, the Owyhee, the Lower Payette and the and the Malheur. In addition, habitat and water quality were affected downstream, impacting salmon and steelhead populations now listed under the Endangered Species Act.

While Idaho Power has traditionally balked at the idea of fish passage and other restorative measures as too expensive and disruptive, the poll found that well over 60% of voters within the Idaho Power service area would be willing to pay a up to $1.50 more per month for the technology upgrades needed to allow fish to move past the dams.

"People care about the health of their rivers," Heberger said. "This poll also indicates that electric customers are willing to help pay for improvements. Now, Idaho Power must do its part."

CONTACT:

Jenna Borovansky, Idaho Rivers United (208)-343-7481;

Sara Eddie, Advocates for the West (208) 342-7024 ext. 6;

Amy Souers, American Rivers (206) 213-0330 ext. 23

FERC grants petition to consult on endangered fish

John Seebach — Tue, 08 Jun 2004 07:00:00 -0500

Project: Hells Canyon : P-1971

On August 6th, FERC granted a petition requesting consultation with federal fish agencies over the impacts of Hells Canyon dams on endangered fish species.

The order is significant for FERC-regulated hydropower projects. It infers that endangered species consultation is appropriate not just when a project requires a new license -- as has been previous practice -- but at any time. Until now, hydropower projects have been grandfathered under their license from mitigating detrimental effects on endangered species. For example, with Hells Canyon, a 1995 license allowed the hydropower project to operate without regard for endangered fish species listed from 1991-1994.

Background:

In 1997, Coalition members American Rivers, Oregon Natural Resources Council, Pacific Coast Federation of Fishermen's Associations, Trout Unlimited, Institute for Fisheries Resources, the Federation of Fly Fishers, and others petitioned the Commission to initiate Endangered Species Act (ESA) consultation on Idaho Power's Hells Canyon Complex with the National Marine Fisheries Service pursuant to section 7(a)(2) of the Act.

The organizations argued that the ESA requires such action by FERC because FERC's license for the project, which includes a reopener provision, provides FERC with continuing authority over the project's configuration and operations. Such continuing authority constitutes an ongoing agency action which may affect ESA listed fish.

For years, FERC failed to respond to the petition. Last year, American Rivers and Idaho Rivers United sued FERC in the United States Court of Appeals for the D.C. Circuit for unreasonable delay in responding. In June 2004, the Court handed down a strong decision, ruling in the petitioners' favor and directing FERC to respond to the petition within 45 days.

On August 6, 2004, FERC issued an order granting our petition, citing a misunderstanding.

For more information, visit the Restore Hells Canyon website.