January 2019

Monthly Archive

CONNECTICUT RIVER ALERT: FERC deadline looms

Posted by on 24 Jan 2019 | Tagged as: Canada, Connecticut River ecosystem, Connecticut River Refuge, Connecticut River shortnose sturgeon, Conservation Law Foundation, Endangere Species Act, Federal Energy Regulatory Commission, Federal Recovery Plan, federal trust fish, FERC, FERC Commissioner Neil Chatterjee, FERC licensing process, First Light Hydro Generating Company, FirstLight, Greenfield Community Television, ISO New England, MA Division of Fish and Wildlife, Maura Healey, Natalie Blais, National Marine Fisheries Service, National Marine Fisheries Service, NMFS, Northfield Mountain, Northfield Mountain Pumped Storage Project, Paul Mark, Public Comment period, public trust, Rock Dam, shad, Treasury Board of Canada, Turners Falls dam, USFWS, Vermont, Vermont Yankee, Yankee Rowe Nuclear Plant

While federal fisheries stakeholders from the US Fish & Wildlife Service and National Marine Fisheries Service are shut out of the FERC relicensing process by the government shutdown, Canada-owned FirstLight Hydro Generating Company has maneuvered to split its assets on the Connecticut River. This is a slick move, and a punch in the gut to all that have been working in good faith on the understanding throughout–since 2012,that these long-co-run plants were to be covered by a single new license: per the power company’s standing, 5 year-old request.

Copy and paste link directly below to see a half hour on this suspect 12th hour maneuver, filmed for later airing on Greenfield Community Television.

NOTE: FERC has extended the COMMENT, PROTEST, and INTERVENTION deadline for Stakeholder to file Motions with them until February 8, 2019. Go back to www.karlmeyerwriting.com/blog and see second blog post following this on this one on how to submit at FERC.gov on Ecomments.

FirstLight PSP Investments makes 12th hour move to divide CT River hydro assets

Posted by on 08 Jan 2019 | Tagged as: Connecticut River, Connecticut River shortnose sturgeon, Conte National Fish & Wildlife Refuge, FERC Commissioner Neil Chatterjee, FERC licensing process, FirstLight, NMFS, Northfield Mountain, PSP Investments, Relicensing, Rock Dam, US Fish & Wildlife Service

Below is the text of a formal Protest lodged with the Federal Energy Regulatory Commission on January 7, 2019. All comments and protests are due in this FERC request by January 15th–coming at a time when key relicensing stakeholders including the National Marine Fisheries Service and US Fish and Wildlife Service are on furlough and unable to Comment…

Public comments to FERC in Washington DC on this proposal for these two “hydro” projects cited as: “P-2485” Northfield Mountain, and “P-1889” Turners Falls Project, can be entered at www.ferc.gov under “documents and filings” using their e-comment button on the menu. NOTE: You MUST include your NAME and contact info at the end of your comments.

Photo above is of the flow-starved Connecticut River at the Rock Dam in Turners Falls, critical spawning habitat for the federally endangered shortnose sturgeon, and a key upstream passage route for spawning run American shad. It was taken on May 13, 2018, at the exact time shortnose sturgeon require flow at this ancient site. The river is impoverished here by flows diverted at Turners Falls Dam, controlled by operators inside Northfield Mountain, a half dozen miles upstream. (NOTE: click, then click again, and AGAIN to enlarge photo. Photo Copyright 2018 by Karl Meyer. All Rights Reserved)

Karl Meyer, M.S. Environmental Science
91 Smith Street # 203
Greenfield, MA, 01301
413-773-0006 January 7, 2019
karlmeyer1809@verizon.net

The Honorable Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
88 First Street, NE
Washington, DC 20426

PROTEST re: P-2485 and P-1889, to the UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION.

Specifically, the FirstLight Hydro Generating Company, Project No. 2485- Northfield Mountain LLC) APPLICATION FOR APPROVAL OF TRANSFER OF LICENSE, SUBSTITUTION OF APPLICANT, AND REQUEST FOR EXPEDITED CONSIDERATION; and FirstLight Hydro Generating Company, Project No. 1889, FirstLight MA Hydro LLC ) APPLICATION FOR APPROVAL OF TRANSFER OF LICENSE, SUBSTITUTION OF APPLICANT, AND REQUEST FOR EXPEDITED CONSIDERATION

Dear Secretary Bose,

I write to protest the request of FirstLight Hydro Generating Company for transfer of license, substitution of applicant, and request for expedited consideration filed with the FERC on December 20, 2018 for these two FirstLight Hydro Generating Company projects. I have been a participating Stakeholder in the FERC ILP relicensing proceedings for P-1889 and P-2485 since 2012. I serve on the Fish and Aquatics Studies Team for both projects and have been in attendance with fellow Stakeholders at all relevant FERC ILP meetings and consultations since that time.

Since its initial application in 2012, FirstLight has requested that all aspects of this ILP be predicated on its desire and application for a merged, single license for the Turners Falls and Northfield Mountain Projects. That requested configuration and understanding for license conditioning and requirements was thus accepted by all parties from the outset. FL’s formal submission was met with few objections. It has been the de facto understanding of all Stakeholders–and FERC, since the ILP process began over 6 years ago. Since that request in their initial filings, all parties have worked in good faith under their requested parameters, largely because of the common understanding that these operations have always been integrated.

Both FL projects operate and are controlled from a central location, in tandem, coordinating their adjacent peaking production units along a short, eight mile section of the Connecticut River. They have been running, thus, as a single entity for a quarter century. As witness to how the projects are a coordinating unit, Anne Harding, Compliance Administrator for FirstLight Power Resources wrote in the November 1, 2016, issue of HydroWorld, “The Northfield Mountain control room operators began to remotely operate the units at Cabot Station in the 1990s. In addition, the bascule gates on Montague Dam and head gates at the gatehouse are operated from Northfield Mountain.” (See https://www.hydroworld.com/articles/hr/print/volume-35/issue-9/articles/62-mw-cabot-station-retains-much-of-its-1916-equipment.html ) Hence, this eight mile reach of river is indeed the single, integrated unit that FirstLight applied for a single, new ILP license for back in 2012.

Given these facts, and that all relicensing studies and consults have been predicated on their formal application requests through a process that has stretched over more than half a decade, it would be improper—and likely legally suspect, to change all the parameters of these highly regulated FERC ILP procedures at this time. If FERC were to allow this request, Stakeholders would thus have to undertake new studies under new operational assumptions, and ultimately have to enter into two-track negotiations with two separate, new entities–if new settlement agreements were to be undertaken. Most confounding at this late date—half a year after the current licenses have had to be extended, all ILP studies would have to be re-evaluated, or redone, in terms of different parameters and assumptions, stemming from FL new contentions that their coordinated operations are separate, unlinked entities.

This is a highly suspect maneuver. It smacks of bad faith bargaining since the time Canada’s PSP Investments purchased these FL projects in 2016. Further, witness that FirstLight’s Mr. Doug Bennett, Plant General Manager, Northfield Mountain/Turners Falls Projects. made a request of FERC Commissioner Neil Chatterjee (as well as now-disgraced former EPA Chief Scott Pruitt) to discuss a trio of issues that could impact FirstLight’s future market prospects under a new license back on January 30, 2018. Both officials were later to visit in tandem on February 14, 2018–but FERC first had to respond and make an obvious point in response to Mr. Bennett on January 30, 2018, noting that acceding to these requests would violate FERC ex parte rules, and Commissioner Chatterjee could hence not discuss any of the proposed topics.

At this late stage in the ILP process, good faith and procedure would dictate that FERC now reject FirstLight Hydro’s request to reconfigure this monolithic relicensing to their unfounded contention that these are not a single, integrated entity—one intricately coordinated to maximize output and profitability along an 8 mile segment of the Connecticut River.

Further, due to the current partial Federal Government shutdown, key federal agencies, experts, and Stakeholders are on furlough, and cannot participate or weigh-in on the merits of this 12th hour request. You cannot expedite a process when the participants are barred from the proceedings.

I thus formally protest FirstLight’s requests to separate this singular operation into two individual LLCs, and ask that FERC deny the transfer of these licenses at this time; and deny any substitution of new applicants until this ILP is complete. Further, I contend that any request for expedited consideration is unwarranted and patently unsupportable given the absence of key stakeholders. Unites States federal Endangered Species Act, Clean Water Act, federal trust fish, and inter-agency coordination statutes are integral to this ILP on a four-state river that is the centerpiece of the Silvio O. Conte National Fish and Wildlife Refuge. These laws and tenets must be respected and abided-by wherever international ownership comes into question.

Lastly, I formally request Intervener Status in FERC P-2485 and P-1889 at this time.

Thank you for your careful attention to these matters.

Sincerely,
Karl Meyer, M.S.
Cc: Marc Silver, FirstLightpower