Hydropower Reform Coalition - East

FERC Releases FEIS for Holtwood Project

Rupak Thapaliya — Fri, 21 Nov 2008 09:49:42 -0600

The Federal Energy Regulatory Commission (FERC) has released its Final Environmental Impact Statement (FEIS) for the proposal to increase capacity at the Holtwood hydroelectric project (P-1881) on the Susquehanna River in Pennsylvania.

The operator of the project has requested to construct a new powerhouse that would house two turbines and other supplementing generating units thereby increasing the capacity of the project from 107.2 MW to 195.5 MW. In its application filed last year, PPL Holtwood also requested for a 16-year extension in the license term to September 2030.

In the FEIS released last week, FERC staff has recommended that the project be licensed with certain modifications to PPL Holtwood's proposal. Such modifications include:

Operating the project fish lifts for upstream passage of resident species from September 1 to October 15 for 5 years

Including specific provisions for mitigation of construction effects on fish passage efficiency of

Developing and implementing a recreational use monitoring plan

Adding provisions to the land and shoreline management plan

The FEIS estimates that the licensing of the project would produce an annual benefit of $9 million.

The Holtwood project located in the Lancaster and York counties in Pennsylvania is one of five hydroelectric sites on the lower Susquehanna River

Tidal barrage projects to require conventional license

Rupak Thapaliya — Mon, 10 Nov 2008 09:20:51 -0600

Through a letter issued to Tidewater Associates on November 3, FERC has determined that tidal barrage projects do not qualify for a hydrokinetic pilot license but will have to obtain a license as conventional hydropower. This type of technology requires construction of a dam, which is the reason for such a decision by FERC.

A tidal barrage project involves building a barrage (dam) across a body of water such as a bay to retain water during tidal events. As tidal water flows into and out of the barrage, the reversible turbines installed in the barrage wall generate electricity.

Tidewater is proposing to install a tidal project at the entrance to Half-Moon Cove in Washington County, Maine between Eastport and Perry. The dam would be 1,210 ft long with a maximum depth and elevation of 40 and 27 feet below mean sea level. It is expected that the three generating units will have a total installed capacity of 13.5 MW.

Tidewater is also exploring the possibility of adding hydrokinetic component to the project. Due to this combination of conventional and hydrokinetic technology, a combination of ILP and pilot licensing process was requested at FERC. However, FERC has determined that the pre-application document filed by Tidewater did not contain adequate information to initiate ILP, the Commission’s licensing process for conventional hydropower. For the hydrokinetic component, a pilot-license would be required. Tidewater has until April of next year to submit either a pre-application document for conventional hydropower or an application for hydrokinetic pilot license.

Although there is an increasing interest, there are no commercial tidal energy projects in the United States yet.

How Tidal Power Works?

As tide comes in, sea water passes through barrage to landward side

At high tide, sluice gates shut, trapping water in estuary or basin

When tide recedes on sea-side of barrage, sluice gates open water flows through barrage, driving turbines and generating power

Power can be generated in both directions, but this can affect efficiency and economics of project

Source: BBC News

St. Lawrence Hydro Will Receive Production Tax Credits

Rupak Thapaliya — Fri, 07 Nov 2008 14:21:49 -0600

Project: Lawrence : P-2800

St. Lawrence Hydroelectric project located on the Merrimack River in Lawrence, MA will now receive tax credits for electricity generation because of its recent efficiency upgrades.

In its application filed on Sep 29, Essex Company, the operator of the project stated that the existing wooden flashboards on the crest of the project's dam would be replaced with a modem inflatable crest gate system thereby increasing efficiency of the system and generating more electricity. This upgrade resulted in 6.7% increase in generation.

In an order issued today FERC certified the efficiency upgrade, which makes the project eligible for production tax credits (PTC) under Section 1301 of the Energy Policy Act of 2005.

The Lawrence Hydroelectric Project is a 16.8 MW facility that utilizes the Essex dam also known as "Great Stone Dam," constructed in 1848. Last year, FERC had approved the installation of the crest gate system through an license amendment order.

FERC terminates a hydro license after 14 years of in-operation

Rupak Thapaliya — Fri, 19 Sep 2008 09:51:33 -0500

Project: Appleton Trust : P-9300

After 14 years of in-operation, FERC has terminated the license for Appleton Trust Hydropower Project (P-9300) on the Hamilton Canal in Middlesex County, Massachusetts. The project, when it was operational before November 1994, had the capacity to produce 346 kW.

According to FERC, the project needed major repairs to resume operation and it had asked the licensee to perform the repairs and resume operations. However, the licensee failed to perform repairs or make a commitment to do so for a decade. Additionally, in July 2006, the City of Lowell had obtained the land in which the project was located, which effectively transferred the rights on the project land to the City.

In an order issued yesterday, FERC states

"The licensee's renewed interest in the project is too little, too late. The project has not operated for almost 14 years, and it needs major repairs and a power sales contract to resume operation. For over 10 years, Commission staff tried to work with the licensee, repeatedly asking for repair schedules and plans. Again and again, the licensee either failed to respond or responded by providing schedules for fixing the project that were never met.

Additionally, FERC states

Today, there is no evidence that the project is any closer to being able to resume operation than it was 14 years ago. In fact, the City's acquisition of the land and buildings by eminent domain makes any possibility of repairing the project and resuming operations even less likely.

FERC has the discretion to terminate a hydropower license by "implied surrender" if it deems that the licensee is not showing good faith to operate a project.

The project was located in the basement of what was formerly a six-story mill building. After the demolition of the building by the City in 2002, the generating equipment has been covered with collapsed building material.

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.

Fort Halifax dam comes down, Sebasticook revives

Rupak Thapaliya — Fri, 18 Jul 2008 09:44:27 -0500

Earlier this week, the end of Fort Halifax dam in Maine marked the beginning of a free flowing Sebasticook river. Huge excavators started tearing down the 29 ft-high dam, that had been there for a century, paving way for habitat for several mussel and fish species.

Supported by federal agencies and HRC members, FPL Energy had recently requested FERC for a permission for a full removal, which FERC granted in a letter issued on July 1, 2008. The original FERC approval, in January 2004, had only allowed for partial removal. However, since total removal was going to allow for better fish passage and FPL Energy preferred to perform a total removal, FERC granted the permission. According to FERC, total removal is also consistent with the prior agreement reached amongst FPL Energy, state and federal agencies, and several NGOs.

Opponents of dam removal including Save our Sebasticook had tried to stop dam removal. Meanwhile, another power company, Essex Hydro Associates, in the 11th hour, had requested to halt dam removal and to take over the project via license transfer. FERC denied both the requests stating that not only had the request come in several years after the decision was made but also that Essex had failed to establish any standing to request for a halt in dam removal.

Read this related article on the Kennebec Journal and this blog to see pictures of dam removal.

LIHI Certifies one and recertifies another hydroproject in the Northeast

Rupak Thapaliya — Mon, 14 Jul 2008 11:04:08 -0500

Project: Worumbo : P-3428 | Oswego Falls : P-5984 | Oswego River : P-2474

On July 3, the Low Impact Hydropower Institute's board certified the Oswego River Project , on the Oswego River, New York as a "low-impact" hydropower project. Similarly, the Worumbo project on the Androscoggin River, Maine was also recertified.

The Oswego Project consists of five developments (Oswego Falls East, Oswego Falls West, Fulton, Minetto, and Varick developments) and comprises two FERC-licensed hydroelectric projects along the Oswego River in Oswego County, New York. Read more about the project and the certification on LIHI's website.

The 19.4 MW Worumbo hydro project, on the other hand, had already received LIHI's low-impact certification in 2004. Read more on the project at LIHI's project page.

So far 35 hydroelectric projects around the country have been recognized as low-impact by the Low Impact Hydropower Institute, while seven more have submitted their applications.

According to the LIHI website, "LIHI certification means that the hydropower facility has been found to meet or exceed the Institute's Certification Criteria which address 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."

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.

Final Environmental Assessment Report issued for Cushaw

Rupak Thapaliya — Fri, 09 May 2008 10:42:50 -0500

Project: Cushaw : P-906

FERC has recommended issuing a new license to Dominion Virginia Power for continued operation of the Cushaw hydroelectric project on the James River near Glasgow, Virginia. The project occupies 4.12 acres of the Jefferson National Forest's James River Face Wilderness Area and 0.76 acres of James River bottom.

Contrary to the licensee's proposal, FERC however, does not recommend measures to protect American Eel and American Shad in its Final Environmental Assessment (FEA) report. Likewise, although Dominion proposes providing funding for habitat restoration for federally endangered James spinymussel, FERC has determined that such a measure is not necessary. Once widely present throughout the basin, this endangered species listed in 1988 currently occurs only in a few numbers in the James and Ranoake rivers in Virginia.

The current license is due to expire on June 15, 2008.

American Rivers Seeks Proposals for River Restoration Projects

Rupak Thapaliya — Mon, 25 Feb 2008 11:36:20 -0600

American Rivers is seeking proposals for projects that aim for restoration of diadromous fish through dam removal projects. Projects in the Northeast, Mid-Atlantic, Northwest and California are eligible to apply for this funding made possible through the NOAA's Open Rivers Initiative.

According to American Rivers, in the first six years of the partnership with NOAA, this program provided more than $2 million to support 100 community-driven river restoration projects that have benefited diadromous fish populations and habitats throughout the country.

Applications for the second cycle of FY08 are due by April 1, 2008.Please contact Serena McClain at American Rivers (see below) to discuss potential projects before submitting your proposals. Visit www.americanrivers.org/NOAAGrants for more information on the grant and to the download guidlines and application forms.

Contact:
Serena S. McClain
American Rivers
1101 14th St. NW, Suite 1400
Washington, DC 20005
Email: rivergrants@americanrivers.org

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.

Supreme Court Upholds States' Right to Protect Rivers from Hydropower Dams

John Seebach — Mon, 15 May 2006 07:00:00 -0500

The U.S. Supreme Court delivered a 9-0 opinion in the case of S.D. Warren v. Maine Board of Environmental Protection, rejecting a South African paper company' s bid to exempt five of its hydroelectric dams in Maine from the Clean Water Act. In doing so, the court upheld states' long-established practice of requiring hydropower dams to comply with state water quality standards, as well as established science demonstrating dams' impact on water quality.

Coalition members American Rivers and Friends of the Presumpscot River (FOPR) were formal intervenors to the case, strongly supporting Maine's right to require dams on its rivers to live up to the state's water quality standards. They were joined by the Bush Administration, a bipartisan group of attorneys general from 35 states and territories, American Indian tribes, angling groups, leading river scientists and engineers, more than four dozen conservation and recreation NGOs, and others that filed "friend of the Court" briefs in support of Maine's position.

While hydropower dams can provide a number of benefits, they do so at considerable cost to rivers. Dams can destroy healthy fisheries, harm river ecosystems, and limit recreational opportunities. Since the 1970s, states have used the Clean Water Act to mitigate many of these harmful impacts.

A win by S.D. Warren could have given the hydropower industry a long-sought-after loophole allowing dam owners to escape state water quality requirements. Instead, the Court recognized that dams can cause severe water quality impacts that are a state's "legitimate legislative business," and calling states' Clean Water Act authority over federally-licensed hydropower dams "a system that respects the States' concerns."

U.S. Supreme Court takes Clean Water Act case on Maine dams

John Seebach — Fri, 28 Oct 2005 07:00:00 -0500

In an unexpected addendum today, the United States Supreme Court agreed to hear two wetlands cases and one case on the Clean Water Act's application to hydropower dams. These three cases are expected to show the Court's posture on the reach of the Clean Water Act.

The hydropower dam case, S.D. Warren v. Maine Department of Environmental Protection, involves a complicated question about the meaning of "discharge" under Section 401 of the Clean Water Act. Yet if the Court takes a certain position, it could affect the ability of states to put any environmental conditions on dams for flow, water quality, or any other river protection.

"This is going to be the ball game for all states now," said Dana Murch of the Maine Department of Environmental Protection.

Five dams on the Presumpscot River operate in instantaneous run-of-river mode. Dam owner S.D. Warren contends that because the dams do not directly pollute the water as it passes through the dam, the release of water by the dam is not a "discharge." The Supreme Court agreed to hear only one question presented by the case:

Does the mere flow of water through an existing dam constitute a "discharge" under Section 401, 33 U.S.C. sec. 1341, of the Clean Water Act, despite this Court's holding last year in Miccosukee that a discharge requires the addition of water from a distinct body of water?

The long-held practice is that a dam release constitutes a discharge, triggering Section 401 of the Clean Water Act. Section 401 authorizes states to certify that the federal project (here, a federally-licensed hydropower dam) will meet the state's water quality standards, or withhold the certification and prevent the project. Without Section 401, states will be able to make recommendations to the federal manager (FERC), but not mandate actions to protect water quality standards.

Here, the state of Maine certified the dams so long as they met certain conditions, such as constructing a fishway and keeping dissolved oxygen at healthy levels in the water. S.D. Warren challenged the certification to the Board of Environmental Protection and lost. The challenge was appealed to the Maine Superior Court, where it lost again, and then appealed again to the Maine Supreme Court, where it lost a third time. The federal FERC license was also appealed but lost in the federal D.C. Court of Appeals.

By picking up the case, the United States Supreme Court may be signaling that it intends to overturn the consistent decision and limit state authorities. The Hydropower Reform Coalition hopes that the Court instead intends to confirm the importance of the state's ability to regulate its own water, especially when the water is rerouted for power and then returned to the natural waterbody often in a poorer state of health.

We agree with the simple conclusion from the Maine Supreme Court, which says, "...a discharge results because Warren' s dams remove the water of the river from its natural course, exercise private control over the water and then add the water back into the river. This is a discharge pursuant to section 401(a)(1)."

Battle Won at Fort Halifax

John Seebach — Mon, 31 May 2004 07:00:00 -0500

The 1.5-megawatt Fort Halifax Project on the Sebasticook River in Maine remains to be partially removed despite an effort by local interest groups to appeal the decision.

In June of 2002, FPL Energy filed an application to surrender the license for the Fort Halifax project because it had determined that the economics of the project would not justify the costs of installing and maintaining the fish lift required by the agreement and the license. As part of the application, FPL Energy proposed to remove several sections of the dam to provide fish passage. In January, 2004, FERC granted the surrender application and required the licensee to remove the dam in accordance with its modified proposal.

FPL Energy's proposal was generally supported by state and federal agencies and by conservation groups, primarily because partial dam removal would provide fish passage. The dam removal was opposed by a number of individuals, Save Our Sebasticook, and the Town, which were concerned with preserving the reservoir and its environment and with anticipated adverse environmental and other effects of drawing down the reservoir.

The request to rehear the application was in the light of information that the opponents assert FERC did not previously have the opportunity to consider. FERC denied the request, and the decision to require partial dam removal in the Fort Halifax Project stands.

The Maine Event: Worumbo Receives LIHI Certification

John Seebach — Thu, 20 May 2004 07:00:00 -0500

Project: Worumbo : P-3428

The Low-Impact Hydropower Institute' s (LIHI) governing board voted unanimously on May 20th to certify the Worumbo hydroelectric dam, located on Maine' s Androscoggin River. The facility, owned and operated by the Miller Hydro Group, became Maine' s first hydroelectric project and the tenth project nationwide to receive certification as a low impact dam from LIHI, which began giving certifications in March 2001.

The LIHI certification involves a meticulous licensing process that sets standards in eight different categories, which the 19.4-megawatt Worumbo facility was able to meet. The categories include how the plant performs in addressing river flows, water quality, fish passage and protection, watershed health, endangered species protection, cultural resources, recreation use and access, and taking into account if the dam has been recommended for removal. The voluntary certification program is intended to help consumers recognize environmentally friendly power options called “green” energy markets.

Mark Isaacson, Vice President of the Miller Hydro Group, said that the group is “delighted” to be LIHI certified, and hopes that the result will be a greater market for green electricity in New England.

LIHI Executive Director Fred Ayer said he believes other Maine projects will follow in Worumbo's footsteps. A growing interest for green electricity, together with a large class of recently relicensed hydro projects bodes well for more LIHI certifications in Maine.

For more information on LIHI, go to http://www.lowimpacthydro.org/

Maine's "Best and Worst River Stories" from 2003 Draws Attention

John Seebach — Sat, 31 Jan 2004 06:00:00 -0600

Project: Flagstaff Reservoir : P-2612

Maine Rivers' "2003 Best and Worst River Stories" has drawn attention to several river issues in Maine. The list, which was created with input from state-wide grass-roots organizations, highlights rivers around the state that have seen stunning improvements or have suffered major set-backs in the past year. The "Best" list featured more protective water quality standards on the Kennebec River.

Conversely, an inproper water quality certification issued to Flagstaff Lake in November ranks among its "Worst." Both issues are highlighted below. "Our worst list," Naomi Shalit, Executive Director of Maine Rivers said, "is a sorry statement of how it's still business as usual on many of Maine's rivers."

Expectations for the Kennebec River, a river once infamously considered one of Maine's dirtiest, have renewed following upgraded water quality standards. The more stringent standards will decrease the amount of e.coli bacteria found in the river section ranging from Augusta to Abbagadassett Point.

The increase in standards is of particular significance because state law prevents water quality standards to be downgraded without thorough review, suggesting that the river's water quality should continue to improve.

Its listing on the "Best" list has also helped to raise public and media awareness surrounding the Kennebec. With so much attention, one can expect the Kennebec to remain in the spotlight until its notorious water quality has recovered.

In November 2003, a water quality certification, called a "401," was issued to Florida Power and Light, the owners of a hydroelectric storage facility on Flagstaff Lake in Maine. The issuance ends a multi-year attempt to receive this certification, which certifies that the water behind the impoundment will meet state water quality standards. The 401 certification is also needed for the project's relicense.

According to Shalit, the certification is one that is inconsistent with state law because Flagstaff Lake was held to a lower water quality standard that was created specifically for Flagstaff. The Department maintains that there exists a suitable balance between project operation and biological protection, and that the reason for the initial delay in the certification was due to requested studies that were incomplete.

Maine Rivers announced in early January 2004 that they plan to challenge the Department of Environmental Protection's water quality certification. A hearing before the Board of Environmental Protection has not yet been scheduled.

Ft. Halifax Debate Closes with FERC's Final Order

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

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

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

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

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

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

Maine Rivers Leading Appeal of Flagstaff 401

John Seebach — Wed, 31 Dec 2003 06:00:00 -0600

Project: Flagstaff Reservoir : P-2612

A 401 water quality certification, recently issued by Maine' s Department of Environmental Protection (DEP) for Flagstaff Lake (referred to as the Flagstaff Storage Project) reflects a shift in the state' s interpretation of water quality standards setting a dangerous precedent for other water quality issues in Maine.

According to Assistant Attorney General Jon Edwards who is critical of the change, “DEP now asserts that, rather than comparing a storage reservoir to a natural lake as it has done since 1995, DEP is now adopting the policy […] that storage reservoirs shall be compared to other impoundments with similar drawdowns. In essence, DEP has stated it plans to interpret existing law in a clearly different manner than prior written interpretations […] Had I been asked to review this new “interpretation” [...] I would have told you that I do NOT believe that it is consistent with the State' s existing water quality laws [...] Nowhere in SS464 (4) or 465-A (1) is there a basis to 'interpret' existing water quality standards to allow that storage reservoirs be compared to other impoundments with similar drawdowns.”

This certification follows a multi-year stalemate in the project. Due to Flagstaff's water quality issues, one feasible way for the State to address this matter would be to have conducted a Use Attainability Analysis (UAA) for the impoundment. Because the outcome of this analysis would have been uncertain, it was clear that the dam owners and the state did not want to conduct the investigation. Skirting the state's water quality laws in order to issue the 401 was the administration's solution to the water quality problem.

Maine Rivers, along with support from many other groups, plans to lead the appeal against the 401 certification.

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

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

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

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

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

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

Deal on the Penobscot River Restores Fish and Preserves Power Generation

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

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

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

The terms of the deal:

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

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

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

PPL Corporation will improve fish passage at four additional dams.

More information is available from the Penobscot River Restoration Trust.