Connecticut River ecosystem

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FERC orders Canada’s FirstLight to investigate ITSELF on ESA impacts

Posted by on 27 Feb 2020 | Tagged as: Connecticut River, Connecticut River ecosystem, Connecticut River shortnose sturgeon, Endangered Species Act, ESA, Federal Conte Anadromous Fish Research Center, Federal Energy Regulatory Commission, FERC Secretary Kimberly D. Bose, FirstLight, Kimberly D. Bose, MA Division of Fish and Wildlife, National Marine Fisheries Service, Rock Dam, Rock Dam Pool, Secretary Kimberly Bose, shortnose sturgeon, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, State of Delaware, Turners Falls power canal, US Fish & Wildlife Service, US Geological Survey's Conte Fish Lab, USFWS

Photo Copyright © 2020, by Karl Meyer.
NOTE: the above photo was taken on 2/25/20 at the Rock Dam pool in Turners Falls. This is the ONLY documented natural spawning site for the federally endangered shortnose sturgeon on the Connecticut River. NOTICE: the Connecticut River shortnose sturgeon is the ONLY federally-endangered migratory fish in the entire ecosystem. Shortnose sturgeon will be returning to the grim conditions in this ancient spawning pool in just 7 weeks.(Click, then click twice more to enlarge)

I sent the Federal Energy Regulatory Commission the following letter in October of 2019.

Karl Meyer, M.S. Environmental Science October 9, 2019
91 Smith Street
Greenfield, MA, 01301
karlmeyer1809@verizon.net

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

ILP COMMENTS re: Turners Falls Hydroelectric Project P- 1889, and Northfield Mountain Pumped Storage Project P-2485.

Dear Secretary Bose,

These comments are made with respect to immediate concerns respecting P-1889 and operations of the Turners Falls Dam and power canal impacting the riverbanks and the spawning habitat of the federally-endangered Connecticut River shortnose sturgeon at the Rock Dam, this species’ only documented natural spawning site in the Connecticut River ecosystem. I have been a participating Stakeholder in the FERC relicensing process for P-1889 and P-2485 since 2012. I serve on the Fish and Aquatics Studies Team for both these projects.

In recent weeks I have noted increasingly steady water leakage in the riverbanks above the Rock Dam site, leading to constant water flow intrusions along these banks. Less than 400 feet away sits the downstream, outer-right banking curve of the Turners Falls power canal, which is the apparent source of these increasing water intrusions.

In a visit to the Rock Dam site on October 8, 2019, I noted the dramatic collapses of a long section of riverbank adjacent to the Rock Dam. This collapse, of some 25 feet in width and dropping down between 5 – 10 feet toward the river, is apparent in my attached photo. Please note that the draped yellow jacket in the foreground is approximately 3-1/2 feet across. This new bank collapse is just south, by perhaps 30 feet, from an earlier recent collapse of a smaller scale of some 6 feet across, occurring at approximately the same bank level. At both of these sites there has been a serious leaching of manganese, the red colored flow toward the river and the sand and cobbles that constitute the shortnose sturgeon spawning site and egg/embryo nursery unique to this reach.

Of most import in the licensing and management of this critical habitat is the damaging, new eroded channel flowing around the Rock Dam site on river left that has grown from a trickle in the mostly rain-free months of this year’s late summer and early fall—until, by yesterday, October 8, 2019, it had grown to torrent of new water coursing through a new channel adjacent to those collapsing river banks. The corresponding connection to this dramatically increasing damage appears to stem from the increased flows currently being released from Turners Falls dam to facilitate the week-long dewatering of the Turners Falls canal, currently in progress. See attached photo of TF dam release on that day. This new channel presents an immediate threat, through deposition and erosion and pollution, to the spawning and early life stage development of shortnose sturgeon in the rock, sand, and cobble habitats at the Rock Dam pool, immediately downstream and adjacent.

Immediate action appears to be necessitated by these developments. This riverbank and traditional fishing access has been neglected and poorly maintained through the last decade. A cursory look would find neglected concrete pilings where steps were to be built, as well as literal sink holes in at least two sites in areas above these collapsed banks, where small hemlock trees are now sunk to the depth of 4 feet.

Please take action requiring immediate remedy to this situation, which appears to concern license and statute infractions that run afoul of the federal Endangered Species Act, the Clean Water Act, and Article 17 concerning erosion; Article 19, concerning construction and maintenance; Article 18 concerning fishing access; and Article 35 concerning State Historic Preservation under the current license for P-1889.

Thank you for your careful review of these matters; they are of immediate import.

Sincerely,
Karl Meyer

Cc:
Doug Bennett, FirstLight
Julie Crocker, NMFS/NOAA
Ken Spankle, USFWS
Melissa Grader, USFWS
Caleb Slater, MA Div. of Fish & Wildlife,
Rich Holschuh, Elnu-Abenaki”

Photo Copyright © 2020, by Karl Meyer.

Just one small section of FirstLight’s collapsing riverbank and the pollution that runs into the Rock Dam pool just 40 feet away. This is just 250 yards away from the USGS S.O. Conte Anadromous Fish Research Center. (NOTE: Click, then click x2 to enlarge)

NOTE: Over 4 months later the Federal Energy Regulatory Commission finally took the bold action to order Canadian-owned, Delaware-registered FirstLight to investigate and report on their own impacts on this critical endangered species habitat on the Connecticut River. THE ORDERS ARE BELOW:

FEDERAL ENERGY REGULATORY COMMISSION
Washington, D. C. 20426
OFFICE OF ENERGY PROJECTS
Project No. 1889-090 – Massachusetts
Turners Falls Hydroelectric Project
FirstLight Hydro Generating Company
VIA FERC Service
February 21, 2020

Mr. Donald E. Traester
Manager, Regulatory Compliance
FirstLight Power Services, LLC
99 Millers Falls Road
Northfield, MA 01360
Subject: Complaint – Erosion

Dear Mr. Traester:
On October 9, 2019, we received a complaint regarding erosion in the bypassed
reach of the Turners Falls Project No. 1889. According to the complaint, releases fromthe dam caused erosion in the area known as the Rock Dam in the project’s bypassed reach. For us to complete our review of the of the complaint, please file the following information within 30 days of the date of this letter:

1. Photographs and the location(s) and an estimate of the extent(s) (e.g., height,
width, depth) of the erosion in the bypassed reach identified in the October 9, 2019complaint.

2. The dates and timing of the Turners Falls power canal drawdown, why it was
performed during this time, whether it was typical of past drawdowns, and what
measures you took to protect downstream resources and the public.

3. Flow data for the entire period identified in item 2, including releases from the Turners Falls dam.

4. A comparison of the flow releases into the bypassed reach during this drawdown
to historical releases into the bypassed reach (e.g., for maintenance purposes,
naturally occurring high flows, etc.)

5. Any additional information you believe is pertinent to the allegations raised in the October 9, 2019 complaint.

20200221-3033 FERC PDF (Unofficial) 02/21/2020
Project No. 1889-090 – 2 –

The Commission strongly encourages electronic filing. Please file the requested
information using the Commission’s eFiling system at http://www.ferc.gov/docsfiling/efiling.asp. For assistance, please contact FERC Online Support at
FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In
lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, D.C. 20426. The first page of any filing related to this letter should include docket number P-1889-090.
If you have any questions regarding this letter, please contact me at (202) 502-
6778 or Christopher.Chaney@ferc.gov.

Sincerely,
Christopher Chaney, P.E.
Engineering Resources Branch
Division of Hydropower Administration
and Compliance

My FERC finding…

Posted by on 21 Jan 2020 | Tagged as: "environmental" species act?, Amherst Bulletin, Connecticut River, Connecticut River ecosystem, Federal Energy Regulatory Commission, FERC Chairman Neil Chatterjee, FERC Commissioner Bernard McNamee, FERC Commissioner Richard Glick, FERC Secretary Kimberly D. Bose, The Recorder, Vermont Digger, VT Digger, vtdigger.org

Photo credit: USGS Conte Lab

Copyright © 2019 by Karl Meyer. All Rights Reserved.

My FERC finding…

On August 11, 2019 I sent FERC Secretary Kimberly D. Bose a request for a rehearing of FERC’s allowance of several transfers of licenses for the Northfield Mountain and Turners Falls Projects. My evidence-based objections were based on the federal Endangered Species Act, specifically under the takings and interference prohibitions in that 1973 law.

Exactly two months ago, on November 21, 2019, FERC made its finding: ORDER REJECTING REQUEST FOR REHEARING. I will note here that I have not updated my blog notes as promised just prior to that time. My sole excuse, which may sound flimsy, is simply this: that finding, issued among a rote list of perhaps 20 others simply noted by project and number, came at a regular meeting of the Federal Energy Regulatory Commission in Washington DC.

I watched the FERC meeting, live, and found the proceedings wholly absurd, insular, insulting to the idea of democracy and fact-based decision-making in a time when planetary systems are failing and a climate emergency is breathing down the neck of this and all future generations.

Perhaps it is no surprise that FERC Chair Neil Chatterjee is a former aide to Mitch McConnell. The Chair seems to run the agency like a kid given the keys to the candy store. Though my decision and a score of others were not mentioned in any specific way, Mr. Chatterjee gleefully boasted of FERC’s sanctioning of two massive LNG EXPORT facilities in Texas. This at a time when–out of the other side of its mouth FERC is bragging that it is a big proponent of energy STORAGE. This is climate denial incarnate.

In my particular case, my request was rejected on technical grounds: “Under Rule 713(c)(2) of the Commission’s Rules of Practice and Procedure, a request for rehearing must include a separate section entitled “Statement of Issues” listing each issue presented to the Commission in a separately enumerated paragraph.20 Any issue not so listed will be deemed waived.21 Mr. Meyer’s rehearing request does not include a “Statement of Issues” and is, therefore, rejected.”

FERC also dismissed my submission of further evidence corroborating ongoing impacts on a federally endangered species—again, not on fact-based findings, but on grounds that my furthering evidence, discovered later, had not been included in my first objections. Apparently, FERC does not allow the interference of witness-based evidence as they hone the narrow logic of their un-vetted decrees. In my case though, it seems my submission presented substantial enough arguments that they at least spent several pages in lame rebuttal after noting that my further submissions were inadmissible:

“In addition, the facts identified by Mr. Meyer in support of his arguments were not raised in his comments in the transfer proceedings, but rather provided after issuance of the Turners Falls and Northfield Transfer Orders. We have previously rejected parties’ attempts to submit new facts and allegations at the rehearing stage because doing so “presents a moving target and frustrates needed finality.”22 Therefore, we also reject Mr. Meyer’s request for rehearing for improperly seeking to enlarge the scope of this proceeding, which is inappropriate at the rehearing stage.”

As far as my finding of these proceedings to be objectionable to the very idea of democracy—and to justice for future generations concerning climate, I must note that FERC Commissioner Bernard McNamee actually referred specifically to the “‘ENVIRONMENTAL’ Species Act” during the proceeding. I wasn’t aware of this new act—but it was actually scrolled, verbatim, across the text feed–on-screen. This is your federal agency, safeguarding and enforcing the laws that will protect future generations. Embarrassed??

One long-standing note on the current make-up of FERC, of the usual 5 commissioners, there are currently only three as of late last year. And, even at this dog-and-pony celebration of burning up yet more ecosystems and draining planetary veins, Commissioner Richard Glick did speak out and decry FERC’s long-standing dereliction of duty in not including the evaluation of climate impacts and green house gas GHG emissions in their greedy corporate math in sanctioning massive new energy projects. At least from a lip-service angle, young people seem to have an ally in Glick.

As with the Impeachment Hearings–beginning this very day, facts and witness evidence seem to have little in common with FERC proceedings and their own version of “just” findings. This is not an agency of the people…

NOTE: directly below is a piece that appeared in The Recorder, Vermont Digger, the Amherst Bulletin, and elsewhere in recent weeks.

Copyright © 2019 by Karl Meyer

The Grinching of the Great River

Each Winter Solstice a few friends and I gather on a quiet bridge to offer a toast honoring New England’s Great River. Lingering above its cold December waters, we send along hopes for the River’s coming year.

As central artery to a 4-state ecosystem and the Conte National Fish and Wildlife Refuge, the Connecticut needs all the help it can get. Just upstream are the grimmest 10 miles of habitat in its entire 410-mile run. Worst are the suctioning turbines of FirstLight’s Northfield Mountain Pumped Storage Project, eviscerating millions of migratory and resident fish year round. Nearer-by are the starkly-dewatered 2-1/2 miles of riverbed dubbed the “By Pass Reach”—ground zero as the sole documented natural spawning site for federally-endangered shortnose sturgeon.

Rinse, kill; repeat has been the daily routine at Northfield since 1972. Formerly running off Vermont Yankee’s excess nuclear electricity, it now operates via massive amounts of imported electricity–basically functioning like a nightmare giant electric toilet. Sucking the river up to its 4 billion gallon reservoir-tank for hours at rates of up to 15,000 cubic feet per second, it kills all life vacuumed up in its vortex. Later, at peak times and peak prices, operators flush that dead water back through turbines, producing a few hours of expensive second-hand juice.

To picture one second of 15,000 cfs suction imagine a 3-story mansion with 7 bedrooms and 8 full bathrooms—filled to the rafters with aquatic life. Now watch it wrenched backward and sucked to oblivion: all fish, eggs, animals and insects destroyed by reversing blades on a twice-through Northfield sleigh ride. Now picture 60 grim implosions each minute, 600 every 10 minutes–3,600 mansions obliterated every hour for hours on end.

A FL consultant’s 2016 study estimated NMPS’s operations resulted in the loss of just 2,200 juvenile American shad. Yet results from a study released in 2018 by the US Fish & Wildlife Service and MA Fisheries & Wildlife estimated that carnage from those same operations actually resulted in the loss of 1,029,865 juvenile shad. Other imperiled migrants include American eel, sea lamprey and blueback herring. Largely unstudied are lethal impacts on 2 dozen resident species. The more it runs, the more it kills.

NMPS has never produced a single watt of its own power. Nor will owners–after bragging to be able to power a million homes for 7 hours, point out they must actually consume the megawatts of some 1.25 – 1.33 million homes in order to do so. It’s a net-loss system, an electric toilet filled by chewing through the core of the S. O. Conte National Fish and Wildlife Refuge.

FirstLight now wants to run NMPS even more—attempting to rebrand its second-hand electric output as clean, renewable energy. And the Federal Energy Regulatory Commission and ISO-New England are doing their best to keep FL’s unholy new vision afloat. It marries ecosystem-destruction with renewable ocean-energy in a corporate-shareholder package to service unprecedented, climate-warming, construction booms in metro Boston, Providence, Worcester and elsewhere. Massachusetts, host to this plant–and as the largest energy-consuming state in New England, ought to be ashamed and brought to task for the climate- and ecosystem-futures of its children.

In the 1980s a grim proposal arose to employ NMPS to suck up more of the river and pipe it to Quabbin Reservoir for use as reserve metro-Boston water. But citizens, states and towns rebelled under leadership from the likes of the late-Terry Blunt of the Connecticut River Watershed Council and Hadley’s Alexandra Dawson of the Conservation Law Foundation. The result was the 1984 MA Interbasin Transfer Act, forbidding the out-of-basin export of river resources until all conservation efforts are first exhausted. Such leadership is sorely missed today.

On December 20, 2018 FirstLight’s Canadian parent-owners quietly spirited their assets out of New England–re-registering them as separate, limited liability corporate tax shelters in Delaware. It was slick timing. Federal fish negotiators were to undergo a government shutdown the next day. Meanwhile FL remained in the middle of a bid to keep operating their US facilities for decades here under new FERC licensing.

Stakeholders didn’t learn of their move until January 8, 2019. Nearly all cried foul to FERC.

Huge concerns included the loss of access to information used for valuations and information assuring FirstLight can and will be held accountable to supply the construction and funds necessary to meet US and state environmental laws–including the Anadromous Fish Conservation Act, the Endangered Species Act and the Clean Water Act under new licensing.

One year later at the Solstice New England’s Great River remains without courageous leadership and in desperate need of a new NGO–one with a fiery legal department.

Karl Meyer’s “River Report” is broadcast regularly on WHMP. He’s been on the Fish and Aquatics Study Team in the “5-year” FERC relicensing process for the Northfield Mountain and Turners Falls projects since 2013. Meyer is a member of the Society of Environmental Journalists. He lives in Greenfield.

Intervening for the Connecticut River Ecosystem

Posted by on 13 Nov 2019 | Tagged as: Connecticut River ecosystem, Connecticut River shortnose sturgeon, Douglas Bennett, Dr. Boyd Kynard, Endangere Species Act, ESA, Federal Conte Anadromous Fish Research Center, Federal Energy Regulatory Commission, Federal Recovery Plan, federally-endangered Connecticut River shortnose sturgeion, FirstLight Power Resources, Kleinschmidt Associates, Micah Kieffer, National Marine Fisheries Service, National Marine Fisheries Service, NMFS, Northfield Control Room, Northfield Mountain Pumped Storage Project, P-1889, P-2485, Recovery Plan for the Shortnose Sturgeon (Acipenser brevirostrum), Rock Dam, Secretary, Section 9–Prohibition of Take Section 9(a)(1), Steven Leach, Turners Falls dam, Uncategorized, US Fish & Wildlife Service, US Fish and Wildlife Coordination Act

NOTE: below, find photographic evidence and the text of my Request for Rehearing delivered to Federal Energy Regulatory Commission Secretary Kimberly D. Bose on August 11, 2019. My request was granted. I will update this posting when FERC delivers its decision on whether FirstLight can be approved for several Transfer of License applications while being out of compliance with current license requirements that have impacted the critical habitat and spawning of a federally-endangered migratory fish. Text begins below photos.

ALSO here: https://www.youtube.com/watch?v=WZVyFgoFYyA is a link to Episode 187 of Local Bias that I recorded with host Drew Hutchison at the studios of Greenfield Community Television. It is running throughout November on GCTV, and has been broadcast in Hadley, MA, HQ home of Region 5, US Fish & Wildlife Service.


PHOTO: dewatered shortnose sturgeon spawning pool at the Rock Dam in the early hours of May 17, 2019. (Click x3 to enlarge)
Photo Copyright © 2019 by Karl Meyer All rights reserved.


PHOTO: Closed bascule gates and cut-off flow to the main stem Connecticut River on the morning of May 17, 2019. (Click x3 to enlarge)
Photo Copyright © 2019 by Karl Meyer All rights reserved.

Karl Meyer, M.S. Environmental Science
91 Smith Street
Greenfield, MA, 01301
karlmeyer1809@verizon.net

August 11, 2019

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

Request for a Rehearing of Commission’s July 11, 2019 Order Approving Transfer of License and Substitution of Relicensing Applicant for P-2485-077, FirstLight Hydro Generating Company to Northfield Mountain LLC; and P-1889-088, FirstLight Hydro Generating Company to FirstLightMA Hydro LLC.

Specifically: the FirstLight Hydro Generating Company, Project No. 2485-077 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. 1889-088, FirstLight MA Hydro LLC ) APPLICATION FOR APPROVAL OF TRANSFER OF LICENSE, SUBSTITUTION OF APPLICANT, AND REQUEST FOR EXPEDITED CONSIDERATION

Dear Secretary Bose,

I request that the Commission rehear and review its expedited decision regarding P-2485 and P-1889. This request is being made in part because I believe the Commission erred when it stated in its approvals of the transfers under the Section D headings that “The Transferer is in Compliance with the License.”

FERC’s decision that FirstLight, in its Section 12 Discussion statements, “demonstrated this transfer is in the public Interest,” was made in error—particularly with respect to its Section 16 statements that, “Our review of the compliance history of the project shows that the licensee has been in compliance.” And further, in FERC’s Section 17 Discussion statements that, “In conclusion, we find that Northfield’s transfer application demonstrates that it is qualified to be the licensee for the project. In this case, the transferee has provided documentation showing its fitness to comply with the terms and conditions of the license.”

My request for a rehearing and withdrawal of the Commission’s July 11, 2019 decision granting these license transfers is that FirstLight was not in compliance of the terms and conditions of its license on May 17, 2019 respecting the federal Endangered Species Act, Section 9.(ESA section 9 makes it unlawful to take (harass, harm, kill, etc.) any endangered species.), as well as Article 45: “The operating of Project No. 2485 shall be coordinated with the operation of Project No. 1889.”

Section 9–Prohibition of Take Section 9(a)(1) makes it illegal to take²² an endangered species of fish or wildlife. The take prohibition has been applied to most threatened species by regulation. ²² *: Take–to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct (section 3 of the ESA–definitions). Harm means an act that actually kills or injures wildlife, and may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR § 17.3, § 222.102).

On May 9, 2019, US Geological Services Micah Kieffer, Research Fishery Biologist at the LSC Conte Anadromous Fish Laboratory detected a signal from a radio-tagged shortnose sturgeon at the Rock Dam, a documented natural SNS spawning site on the Connecticut River. Kieffer, a sturgeon specialist, set two nets in the river overnight, and returned early on the morning of May 10, 2019, to find 48 federally endangered shortnose sturgeon in those nets.

In turn, on May 13, 2019, Kieffer emailed a report of this finding in his ongoing work to biologists and various interested parties and SNS stakeholders, noting: “This past Thursday evening we dropped two gill-nets in the Rock Dam pool. Expecting to capture only a few fish, on Friday morning we instead landed 48 individuals: four females (two pre-spawning, one running, one spent) and 44 males (all running sperm) (pers. comm.)” Duly apprised of the presence and apparent spawning activity of that federal endangered species were two biologists working for FirstLight Power Resources–Steven Leach, Senior Fishery Biologist, FirstLight Power Resources, Inc., and Chris Tomichek, Senior Manager, Kleinschmidt Associates, working as a FL consultant.

In an updating May 22, 2019 email that again included fishery and agency biologists and stakeholders, including myself and FL’s Steven Leach and Chris Tomichek, Kieffer noted:

“Greetings to all SNS stakeholders:
Here is an update on the monitoring of SNS spawning at Montague for 2019. Following the May 13 report, we set additional nets on three days (May 14, 16, and 17), mostly at Rock Dam, but a few at Cabot and the Deerfield River, all day-sets to avoid excessive captures like that we experienced on 5/10. These efforts resulted in the additional capture of 11 fish on 5/14 and another 11 on 5/16 (we got skunked on the 17th). Within these efforts, we captured an additional female running eggs that received an external tag, and we also internally tagged three males, two that we PIT-tagged 25 years ago!”

Having been apprised of SNS spawning activity having been observed at Rock Dam on May 10, 2019, I found the Rock Dam spawning and rearing site had had its flows cut and its banks dewatered just a week later, on the morning of Friday, May 17, 2019. That is the same morning when Kieffer later recorded getting “skunked” at Rock Dam. Upstream, FL had shut bascule gates 2, 3, and 4, while pinching down Bascule 1 to just a few hundred CFS. See photos attached. Flow at the Rock Dam had been ramped down to a shallow lick of whitewater, while robust flows have been documented as necessities for females to remain on that spawning ground. Further, the cobble banks had been dewatered, habitat where embryos shelter and develop. The practice is lethal.

In short, FL’s actions at the dam, controlled from upstream at the Northfield Mountain Pumped Storage Station, directly interfered and imperiled SNS spawning. They did this at a time when they were apprised of SNS presence and should have executed the utmost diligence—FL, of its own volition, was in the process of implementing its own test flows for the By Pass reach.

The presence and spawning activity requirements of shortnose sturgeon in the project areas–and within the influences of P-1889 and P-2485 has been known by the license holders for decades. Indeed, several studies were referenced in the PAD, before the beginning of the current relicensing:

From the Northfield Mountain/Turners Falls Pre-Application Document, October 2012, Section 6:

LITERATURE AND INFORMATION SOURCES CITED IN THE DESCRIPTIONS AND SUMMARIES OF EXISTING RESOURCE DATA (18 C.F.R. § 5.6 (c)(2)), pp. 297. – 301
Fish and Aquatic Resources, Sections 6-3, 6-4, 6-5.

Kieffer, Micah & Boyd Kynard. (2007). Effects of Water Manipulations by Turners Falls Dam Hydroelectric Complex Rearing Conditions for Connecticut River Shortnose Sturgeon Early Life Stages. S.O. Turners Falls. MA: Conte Anadromous Fish Research Center.

National Marine Fisheries Service (NMFS). (1998). Recovery Plan for the Shortnose Sturgeon (Acipenser brevirostrum). Prepared by the Shortnose Sturgeon Recovery Team for the National Marine Fisheries Service, Silver Spring, Maryland. 104 pages.

In an email to SNS stakeholders from FirstLight Manager Douglas Bennett, responding to an inquiry from US Fish & Wildlife Biologist Melissa Grader about see-sawing flows and bascule gate settings, Bennett noted that the FL settings impacting SNS spawning and habitat in the By Pass at Rock Dam in the P-1889 Project area had been implemented in the control room of NMPS, P-2485:

“On Friday morning at approximate 1000 the flows receded enough so that the 6500 cfs by-pass flows were initiated by discharging 4400 cfs over Bascules 1 and 4 and 2100 cfs at TF #1 Station.

The 6500 cfs by-pass flows were maintained until 2400 on Saturday evening when by-pass flows were dropped to 4400 cfs, discharging 2400over Bascule gate 1 and 2100 at TF #1 Station. This was an error on our part due to misinterpretation of conflicting schedules in the Northfield Control Room. Corrective actions have been taken to prevent this going forward.”

I witnessed the Rock Dam water-starved and bank-exposed at 5:30 a.m., and my photo of the listless spill with ONLY Bascule 1 open, was taken at 7:30 a.m. Mr. Bennett’s note states that flows had not come down enough to implement FL-initiated test flows until 1000 hrs. He did not mention the setting hours earlier that I documented. Thus, apparently, there had been a ramping down of the bascule from within the NMPS control room sometime in the early morning hours, with the result of further impacts on spawning SNS through a jumble of see-sawing gate settings.

The Commission notes in its granting of these Transfers that “Section 8 of the FPA requires “any successor or assign of the rights of such licensee . . . shall be subject to all the conditions of the license under which such rights are held by such licensee and also subject to all the provisions and conditions of [the FPA] to the same extent as though such successor as assign were the original licensee.”24. FirstLight, at a time when it was apprised of the presence of a federally endangered species did not meet its license requirements here—regarding the ESA Section 9, and the only federally-endangered migratory fish in the Connecticut River

The Commission further stated that, “Northfield is affiliated with companies in the operation and maintenance of hydroelectric projects and will have access to their expertise.” Their actions clearly demonstrate there was no expertise shown or relayed between P-2485 and P-1889 at this critical time.

The Commission noted, in their decision: “In conclusion, we find that Northfield’s transfer application demonstrates that it is qualified to be the licensee for the project. In this case, the transferee has provided documentation showing its fitness to comply with the terms and conditions of the license.”

Their actions clearly call the company’s fitness to operate these plants into question. Is FERC’s finding that these transfers are “in the public’s interest” valid? FL clearly did not coordinate operations between P-2485 and P-1889 at this critical time, which is clearly spelled out in Article 45 of their license. Those actions should have been updated with the Commission and investigated before a Transfer finding was granted. An investigation and exploration of impacts and penalties under Section 9 of the ESA should be undertaken by the Commission before these transfers are validated.

I therefore request that the Commission undertake a rehearing of these license transfers. The grantor and grantee need to demonstrate they can comply with federal regulations to operate these facilities. Please see attachments.

Thank you for your careful review of these matters.

Sincerely,
Karl Meyer

Justice for New England’s Embattled River

Posted by on 22 Mar 2019 | Tagged as: American shad, Anadromous Fish Conservation Act, Bellows Falls, Bellows Falls VT, Cabot Station, Canada, Connecticut River, Connecticut River ecosystem, Conte National Fish & Wildlife Refuge, Endangered Species Act, Federal Energy Regulatory Commission, FERC, First Light Hydro Generating Company, FirstLight, Greenfield Recorder, Holyoke Dam, MA Division of Fish and Wildlife, National Marine Fisheries Service, New Hampshire, Northfield Mountain, Northfield Mountain Pumped Storage Project, Northfield Mountain Pumped Storage Station, PSP Investments, Public Sector Pension Investments, shad, shad fishing, Society of Environmental Journalists, Treasury Board of Canada, Turners Falls, Turners Falls dam, United State Supreme Court, US Fish & Wildlife Service, US Fish and Wildlife Coordination Act, Vermont


Above: FirstLight’s sign along Greenfield Road in Turners Falls MA highlighting their historically combined operations with the Northfield Mountain Pumped Storage Station. Photo Copyright © 2019 by Karl Meyer. All Rights Reserved. (CLICK, then click again to enlarge).

NOTE: an edited version of this piece appeared in The Greenfield Recorder on March 20, 2019, www.recorder.com .

Copyright © 2019 by Karl Meyer. All Rights Reserved.

Justice for New England’s Embattled River

In a shockingly-belated move on December 20, 2018, Canada’s FirstLight Hydro Generating Company petitioned the Federal Energy Regulatory Commission for “expedited consideration” of their last minute request to transfer the licenses of its Northfield Mountain and Turners Falls Projects on the Connecticut River into separate LLC holding companies. They further requested the just-minted corporations be substituted as the new license applicants in the ongoing federal hydro relicensing process, begun here in September 2012. FirstLight is wholly owned under the Treasury Board of Canada as Public Sector Pension Investments, a venture capital corporation.

For over half a decade stakeholders including the US Fish & Wildlife Service, the National Marine Fisheries Service, MA Division of Fish & Wildlife, and nearly a dozen assorted stakeholders and town governments have been meeting and negotiating with a single entity, FirstLight Hydro. All have been working toward a FL-requested single new license—one mandating river protections for the synchronized generating operations of Northfield Mountain and Turners Falls/Cabot Station along 10 miles of the Connecticut.

FL’s petition arrived just eight days after they’d quietly reregistered their conjoined operations in the State of Delaware as two separate, new, “limited liability” corporations—asking FERC to substitute their new LLCs as applicants for separate licenses.

FirstLight’s “expedited” request came just two days before stakeholders including the USFWS and National Marine Fisheries Service–agencies with “conditioning authority” in this relicensing, were sidelined by the government shutdown. FL wanted a decision no later than February 28th. Fortunately FERC extended the deadline. A decision is now expected by March 28th.

Turners Falls Dam crippled this ecosystem the day it was completed way back in 1798. Controlled for decades from a room inside the Northfield Mountain, it continues enabling crushing impacts on this four-state ecosystem artery, namesake of the Silvio O. Conte Connecticut River National Fish & Wildlife Refuge. New Englanders have long-awaited their rights to their River. Yet Massachusetts, Vermont and New Hampshire all remain essentially without upstream and downstream fish passage and protections at Northfield and Turners Falls—required of owners of all federally-licensed dams in the United States since the landmark Supreme Court decision in Holyoke Company vs. Lyman since 1872.

That landmark ruling should have dramatically changed conditions here beginning on April 30, 2018, when the current license for the NMPS—controller of Turners Falls dam, expired. But a new license has yet to be signed; and FERC has since extended the current license. Still, any corporation–foreign or domestic, must comply-with protections under the Anadromous Fish Conservation Act, the Endangered Species Act, the US Fish and Wildlife Coordination Act and Clean Water Act, among others.

Results from a Connecticut River study released last June by the US Fish & Wildlife Service and MA Fisheries & Wildlife estimated that NMPS’s 2017 operations resulted in losses of some 15 million shad eggs and larvae, plus the deaths of between 1 and 2-1/2 million juvenile shad. That’s for just one species.

NMPS sucks the river’s aquatic life into its turbines for hours at a time at 15,000 cubic feet per second–killing virtually everything it inhales. For two years running, NMPS consumed 33% more virgin power from the grid than it later returned in peak-priced, second-hand bursts. Though it can regenerate pulses of up to 1,100 megawatts for 6-8 hours—once emptied of its deadened reservoir waters, Northfield is virtually dead itself, and must begin sucking new virgin power from the grid, shredding more life.

Recent studies find that 80% percent of the shad tagged in the lower river and later recorded passing Holyoke Dam were again recorded reaching the Turners Falls project, some 35 miles upriver. They were still heading upstream. Holyoke has passed an average of 316,000 shad upstream annually since 1976. During that time, just 1-in-10 shad ever swam beyond the miseries created via Turners Falls Dam. Over 250,000 of this ecosystem’s shad are likely turned away annually on the doorstep to Greenfield, Montague, Gill, Millers Falls, Erving and Northfield—barred from the rest of New England all the way Bellows Falls VT as well.

In 2017, the 2nd biggest shad run ever passed Holyoke Dam: 537,000 edible, catchable fish. Fewer than 49,000 passed Turners Falls.

So perhaps it’s time to remind our Canadian-FirstLight guests—recently reregistered in Delaware, that when they purchased some hardware and hydro assets in Massachusetts nearly three years back, they didn’t purchase New England’s great river. They merely bought rights to lease some of our river’s water until the current federal license expired on April 30, 2018. After that time, how much, how often–and at what cost they might continue to operate via a new leased portion of some our river’s flow would be subject to all the laws and regulations of the United States and those of the Commonwealth of Massachusetts.

Karl Meyer has been a stakeholder and member of the Fish and Aquatics Study Team in the current FERC relicensing process for the Northfield Mountain and Turners Falls projects since 2012. He is a member of the Society of Environmental Journalists.

NOTE: the piece below appeared at www.vtdigger.org in January.

Karl Meyer: Connecticut River dam owners pulling a fast one

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.

The Broken Connecticut

Posted by on 09 Oct 2018 | Tagged as: American shad, Clean Water Act, Connecticut River, Connecticut River ecosystem, EPA, Federal Energy Regulatory Commission, federal trust fish, FERC, FirstLight, Northfield Mountain, Northfield Mountain Pumped Storage Project, Northfield Mountain Pumped Storage Reservoir, Northfield Mountain Pumped Storage Station, pumped storage, Relicensing, shad, Uncategorized


Copyright © 2018 by Karl Meyer. All Rights Reserved

Eight years ago, almost to the day, this is how the Connecticut River in front of the Northfield Mountain Pumped Storage intake looked. (Click, then Click twice more)

The owners were under sanction from the EPA and had been scrambling for months to suction the mountain of reservoir silt they’d illegally dumped directly into the Connecticut after massively botching their reservoir de-watering and clean-out.Northfield remained inoperable from May 1st through early November. To minimize the reactivation of silt they’d already fouled the river with, they set up a ponderously long silt curtain–supposed to keep their gunk in place. Below, is how their silt-safety set-up looked on July 20, 2010 (Click, the Click twice more)

However, if you look at how effectively that sanctioned-solution was when employed-by–and deployed by the company, you would have to look at this photo below from October 2, 2010. (Click, then Click twice)

The sole solution FirstLight has proposed in these FERC proceedings to prevent the suctioning deaths of millions of juvenile shad–and that’s disregarding their round-the-year evisceration of adult and young fish of dozens of species, is to place a barrier net across the mouth of their giant suction and slice pumped storage contraption. This, for the next several decades, would be like putting a band-aid on a massively severed artery. If they couldn’t keep a net in place in the river when Northfield was sanctioned NOT pumping at all, what gives anyone the idea that this bit of window dressing will be of any service to a broken river system at all.

Since FirstLight is proposing to suck more water out of the river to suck into that reservoir, why not trade that money-making scheme for having NFMT shut down at key seasons to comply with the law and protect the Public Trust.

In delivering the 1872 Supreme Court’s decision in Holyoke Company vs. Lyman, Justice Nathan Clifford entered the following into his decision:

“Ownership of the banks and bed of the stream, as before remarked, gives to the proprietor the exclusive right of fishery, opposite his land, as well as the right to use the water to create power to operate mills, but neither the one nor the other right nor both combined confer any right to erect obstructions in the river to prevent the free passage of the fish up and down the river at their accustomed seasons.”

In deciding against the dam owners who had repeatedly refused to construct fish passage at their dam as settled law in the Commonwealth had long required, the Court made upstream and downstream passage of the public’s fish a precedent and legal right in rivers throughout the United States.

“Fish rights below a dam, constructed without passageways for the fish, are liable to be injured by such a structure as well as those owned above the dam, as the migratory fish, if they cannot ascend to the head waters of the stream at their accustomed seasons will soon cease to frequent the stream at all, or in greatly diminished numbers.”

“Clean, renewable” labels don’t apply

Posted by on 01 Oct 2018 | Tagged as: Ashuelot River, Bellows Falls, blueback herring, canal shad, Connecticut River, Connecticut River ecosystem, Connecticut River migratory fisheries restoration, Connecticut River shortnose sturgeon, crippled ecosystem, Dead Reach, ecosystem, endangerd shortnose sturgeon, Endangered Species Act, Federal Energy Regulatory Commission, federal trust fish, federally-endangered shortnose sturgeon, FERC, FERC Commissioner Neil Chatterjee, FERC license, FirstLight, Fish and Aquatics Study Team, fish counts, fish kill, fish kill on the Connecticut, fish passage, fishway windows, Holyoke Fish Lift, MA Division of Fish and Wildlife, MA Natural Heritage and Endangered Species Program, National Marine Fisheries Service, National Marine Fisheries Service, New Hampshire, NMFS, Northfield Mountain, Northfield Mountain Pumped Storage Project, Northfield Mountain Pumped Storage Reservoir, Northfield Mountain Pumped Storage Station, nuclear power, PSP Investments, Public Law 98-138, pumped storage, Relicensing, resident river fish, Saxtons River, Scott Pruitt, shad, shortnose sturgeon, Society of Environmental Journalists, Turners Falls, Turners Falls dam, Turners Falls power canal, US Fish & Wildlife Service, USFWS, Vermont, Vermont Digger, Vermont Yankee

Copyright © 2018 by Karl Meyer All Rights Reserved.

NOTE: the following piece appeared in VTDigger, www.vtdigger.org in September under the heading “Clean, renewable” labels don’t apply when crippling an ecosystem.”

TERMS OF ENTRAINMENT: a Connecticut River History


NOTE:in this photo are over 170 juvenile shad, among the many thousands killed in the recent de-watering of the Turners Falls Power Canal. The power canal is where the bulk of the Connecticut River is diverted into for most months of the year. So, when they drain it, they are killing the river. However, if you look at this photo and multiply that death toll by 10,000 you begin to get some idea of the mortality counts for young-of-the-year shad entrained annually–and un-tallied across nearly five decades, at the Northfield Mountain Pumped Storage Station. (CLICK, then CLICK twice more to enlarge photos.)

At 2:41 p.m. on May 20, 2018, a lone blueback herring appeared in the windows at Turners Falls Dam among a school of larger American shad. It was a small miracle. Barely a foot long, it was the first blueback here since 2005, and there would not be another this spring. Like those shad, its life had already spanned four springs, swimming thousands of ocean miles in shimmering schools. It re-crossed bays and estuaries of seven states and two provinces before reaching this Connecticut River juncture. In doing so it had survived sprawling drift nets and repeated attacks from sharks, bluefish, spiny dogfish, cormorants, seals and striped bass.

All these fish were seeking to spawn and give their young a head start as far upriver as currents, time and temperature would allow. Unfortunately, five miles upstream sat the Northfield Mountain Pumped Storage Station, a river vacuuming machine capable of out-killing all their natural predators. For the next 20 miles they’d be vulnerable to its impacts.

NMPS has inhaled river fish of all species and sizes daily for nearly half a century. Results from a river sampling study Juvenile Shad Assessment in the Connecticut River, were released in June by the US Fish & Wildlife Service and MA Division of Fisheries & Wildlife. They estimated NMPS’s 2017 operations resulted in losses of some 15 million shad eggs and larvae, plus the deaths of between 1 and 2-1/2 million juvenile shad. That’s for just one species.

On April 20, 1967, years before Northfield was built, federal agencies and four states signed the Statement of Intent for a Cooperative Fishery Restoration Program for the Connecticut River, agreeing to restore runs of American shad, salmon and blueback herring upstream to Bellows Falls, Vermont and beyond. The migratory shortnose sturgeon had already been listed as endangered. Continuing today under Public Law 98-138, its mandate requires utilization of “the full potential of the fishery resources of the Connecticut River including both anadromous and resident species,” providing “high quality sport fishing,” and meeting “the long term needs of the population for seafood.”

American shad are still commercially fished today just 60 miles downriver. They’ve provided seafood to this valley for ages, yet most people in Vermont, New Hampshire and Massachusetts don’t know they were promised a “just share of the fishery harvest” back in 1967. All remain without, while shad continue to grace dinner and restaurant tables in Connecticut every spring.

Running on imported power via the buy-low/sell-high model, Northfield can suck the river into reverse for up to a mile downstream. It devours everything captured in that vortex at 15,000 cubic feet per second. Think 15,000 milk crates, for hours, to fill a 5 billion gallon mountain reservoir. The result is 100% mortality for all fish entrained. During peak-use and/or peak-price times—or both, it sends the deadened water back through its turbines as twice-produced electricity.

NOTE: more of the TF Canal kill here in another location–including mostly juvenile shad, but also a bluegill, several mud-puppies, and a young sea lamprey. Again, this is just a whisper of the year round fish kill occurring upstream at Northfield Mountain.

Northfield was built to run off Vermont Yankee’s excess nuclear megawatts. But even after VY closed in 2014, its carnage continued, unchallenged, rather than being relegated to emergency use. Having never produced a watt of its own power, its 46 years of accumulating carnage are yet to be tallied. That herring might have been heading for New Hampshire’s Ashuelot or Vermont’s Saxtons River, and those shad were perhaps steering for the Great Eddy at Bellows Falls. Regardless, any progeny would later face Northfield’s net-loss-power impacts heading downriver come fall.

Currently it pumps mostly at night when Canadian owners PSP Investments can purchase cheap electricity to suction the river uphill. Later it’s released as second-hand juice at peak-of-the-day profits. Promoters claim the benefits of dispersed solar and wind power can’t be realized without first relaying their renewable energy across the region to this lethal storage machine for later resale in markets far beyond the Connecticut Valley. “Clean, renewable” labels don’t apply when crippling an ecosystem.

NMPS boosters include (now-former) EPA Director Scott Pruitt, who made a sweetheart visit there last Valentine’s Day along with Federal Energy Regulatory Commissioner Neil Chatterjee. That occurred as PSP was requesting to suction yet more water from the Connecticut and applying for a new long-term FERC license. The next day FERC announced a major policy shift, potentially increasing both Northfield’s daytime use and its profits.

Since an 1872 landmark Supreme Court ruling indemnifying Holyoke Dam, all hydro facilities have been required to safely pass the public’s fish, upstream and down. But that 1967 agreement had this warning: “Based on the present fragmentary data available on the Northfield Mountain Pumped Storage Project, it appears that this project poses definite limitations to an anadromous fish restoration program. These limitations involve the physical loss of eggs, larvae and young fish of both resident and anadromous species, and an orientation problem for both upstream and downstream migrants attributed to pumping large volumes of water.” Today the 20 mile reach hosting Northfield remains a migration minefield—while some 30 miles of open Vermont/New Hampshire spawning habitat above Vernon Dam sits essentially empty.

Holyoke Dam has annually lifted hundreds of thousands of shad and herring upstream since the 1970s. In 2017 it recorded its second highest shad numbers ever, 537,000 fish. Each spring, half or more of those shad attempt to pass Turners Falls. Less than 10-in-100 will succeed. Of those, some 50% drop from tallies and are never re-counted at Vernon Dam after entering the 20 miles impacted by Northfield. The blueback herring record at Turners Falls was 9,600 in 1986, out of the 517,000 counted 36 miles downstream at Holyoke that year. Of those 9,600 Turners herrings, just 94 reached Vernon Dam. Turners Falls saw another 7,500 blueback herring in 1991; just 383 reappeared upstream at Vernon.

Any new long-term FERC license must comply with federal and state law protecting endangered and public-trust fish. In seeking a new license, PSP’s main proposal for limiting Northfield’s massive carnage has been the test-anchoring of a few yards of Kevlar netting in the riverbed in front of the plant’s suction-and-surge tunnel. Those flag-sized yards of mesh, after a few months deployment, are supposed to effectively model how a 1,000 foot-long “exclusion net”–deployed seasonally in the river over the next decades, might halt the entrainment deaths of out-migrating adult–and millions of juvenile young-of-the year fish, heading back to the sea. Presumably, Northfield’s mouth would remain wide open to the ecosystem’s fish throughout the rest of the year.

In light of longstanding research the US Fish & Wildlife Service, Atlantic States Marine Fisheries Commission and Connecticut River Atlantic Salmon Commission have set shad passage goals requiring that a minimum of 397,000 pass Turners Falls; and a minimum of 226,000 pass Vernon Dam. It’s a certainty that a new fish lift will be required at Turners Falls under any new license, modeled on the long-term success of Holyoke’s lifts. But the ultimate question is this: can Northfield comply with federal and state law protecting the four-state ecosystem’s fish in order to be granted a new FERC license?

END

Karl Meyer has been a stakeholder and member of the Fish and Aquatics Study Team in the current FERC relicensing process for the Northfield Mountain and Turners Falls projects since 2012. He is a member of the Society of Environmental Journalists.

ONE LAST CHANCE FOR THE CONNECTICUT RIVER

Posted by on 03 Sep 2018 | Tagged as: American shad, blueback herring, Clean Water Act, Connecticut River, Connecticut River ecosystem, Connecticut River shortnose sturgeon, Endangered Species Act, ESA, Federal Energy Regulatory Commission, FERC, FERC licensing process, MA Division of Fish and Wildlife, MA Natural Heritage and Endangered Species Program, National Marine Fisheries Service, National Marine Fisheries Service, NMFS, Northfield Mountain Pumped Storage Project, Northfield Mountain Pumped Storage Station, PSP Investments, Rock Dam Pool, shad, Society of Environmental Journalists, Turners Falls dam, Turners Falls power canal, US Fish & Wildlife Service, USFWS, Vermont, Vermont Yankee, Vernon Dam Fishway, Walpole

ONE LAST CHANCE FOR THE CONNECTICUT RIVER

Copyright © 2018, by Karl Meyer. All Rights Reserved.

Empty CT River bed below Turners Falls Dam on September 2, 2018 (CLICK, then CLICK AGAIN, to ENLARGE)

Northfield MA. On Wednesday, September 5, 2018, New England gets one final chance for a restored Connecticut River ecosystem, promised by federal and state fisheries agencies way back in 1967. That’s the day when the National Marine Fisheries Service, US Fish & Wildlife Service and MA Division of Fisheries & Wildlife meet at the Northfield Mountain Pumped Storage Project for precedent-setting, backroom settlement negotiations to decide the ultimate fate of this ecosystem–long-crippled by the impacts of Northfield’s river-suctioning, power re-generation. They will be representing the public on behalf of New England’s Great River against the interests of FirstLight/PSP Investments of Canada, latest venture capital owners of NMPS. Future generations deserve the living river system promised here long ago.

Closed river gates at Turners Falls Dam, September 2, 2018. (CLICK, the CLICK AGAIN to ENLARGE)

The last time similar negotiations took place was in the 1970s when the agencies misplaced their priorities and Northfield’s nuclear-powered (NMPS was built to run off the excess megawatts produced by the now-closed Vermont Yankee nuclear plant, 15 miles upstream) assault on the river was ignored, scuttling prospects for a river restoration in Vermont, New Hampshire, and northern Massachusetts. Those negotiations led to federal fish hatcheries and ladders for an extinct salmon strain, leaving miles of the Connecticut emptied of flow in Massachusetts, while all migratory shad, blueback herring and lamprey were forced into the industrial labyrinth of the Turners Falls power canal. That also succeeded in leaving the federally-endangered Connecticut River shortnose sturgeon with no protections at all on its critical spawning ground.

Worst of all back then, the agencies failed to protect migratory and resident fish from the year-round deadly assault of NMPS, which sucks the river backward and uphill at 15,000 cubic feet per second. Its vortex can actually yank the Connecticut’s flow into reverse for up to a mile downstream, pulling everything from tiny shad eggs to juvenile fish and adult eels into its turbines on a certain-death Northfield Mountain Sleigh Ride. A USFWS study found that Northfield killed up to 15 million American shad eggs and swallowed between 1 – 2-1/2 million juvenile shad in 2017.

Northfield’s Canadian owners are seeking a new, generations-long operating license from the Federal Energy Regulatory Commission. The relicensing process has now completed its 6th year, with the serious work of safeguarding New England’s largest ecosystem just now coming into focus. This plant is an energy consumer, and has never produced a single watt of its own energy. It’s a bulk-grid power storage and transfer station that can only run for about 6 hours full tilt before it is completely spent and dead in the water. Then, it must go out and suck new virgin power from the bulk grid to begin refilling its reservoir with deadened river water. Its regenerated power is marketed and resold to entities far beyond the borders of the Connecticut River Valley.

New Hampshire, Vermont and Massachusetts have a lot a stake here. Way back in 1967 they were promised a just share of a restored seafood harvest of American shad, all the way upstream to Bellows Falls VT and Walpole NH. Safe passage of fish, upstream and down, has been mandated on US rivers since a 1872 Supreme Court case. But no meaningful runs of shad and blueback herring ever materialized upstream of the brutal industrial impacts and flows created at Northfield Mountain and Turners Falls Dam. In 1967 when these agencies signed that Cooperative Fisheries Restoration agreement, 750,000 American shad was the target for passage above Vernon Dam to wide-open Vermont and New Hampshire habitats. The best year, 1991, saw just 37,000 fish.

Northfield’s giant Intake and Entrainment Tunnel (CLICK, then CLICK AGAIN to ENLARGE)

As for those shortnose sturgeon? Well, investigations continue to see if there is a remnant of this river’s population surviving upstream near Vernon. But, in Massachusetts their protection from interference and guaranteed spawning access and flows should have been enforced decades back in the 2-1/2 miles below PSP’s Turners Falls dam. But none of the federal and state agencies took action.

And here, the only non-profit river groups on the Connecticut have long been power-company-friendly and connected–and still accepting their corporate money. Other major river systems have watchdogs without ties to the corporations that cripple them–putting staff lawyers and their enforcement commitments and responsibilities front and center. These go to court repeatedly–the only method leading to lasting, meaningful results. Here, no one takes corporations to court for license violations or requirements under the Endangered Species Act or Clean Water Act. Others might have led a campaign to shut down an ecosystem killing plant the day the Vermont Yankee nuclear plant shut down forever in December 2014.

4-barrel floats above a few yards of experimental test netting that’s supposed to emulate how a 1000 foot-long net might be deployed seasonally over the coming decades to keep millions of baby fish from going on a Northfield Mountain Sleigh Ride. (CLICK, then CLICK AGAIN to ENLARGE)

Thus, it is really is now-or-never time on for a living Connecticut River ecosystem. So, the big question is: are the key agencies going to stand firm under federal and state environmental statute and law, and fulfill their mandate on behalf of future generations?

Here are some of the key questions to be decided at the table that will ultimately tell the four-state Connecticut River ecosystem’s future:

Can Northfield Mountain Pumped Storage Station—which literally kills millions of fish annually, be operated in such a way that it complies with long-standing federal and state environmental law in order to receive a new FERC license?

Will the US Fish & Wildlife Service and National Marine Fisheries require PSP’s operations to cease during critical times in the spawning cycles of the river’s fish—and only operate as an emergency power source at those times, rather than as a net-power loss, buy-low/sell high profit machine? (This happens on other river systems.)

Will National Marine Fisheries require the necessary 6,500 cubic feet per second flows now absent below Turners Falls Dam—from April through June, to protect the federally endangered shortnose sturgeon in its critical spawning ground?

Will the Massachusetts Division of Fisheries & Wildlife at last stand up for river protections in that same 2-1/2 miles of beleaguered river to safeguard over a dozen threatened and endangered plant, fish and aquatic species?

Will the National Marine Fisheries Service and the Commonwealth of Massachusetts protect the full spawning cycle of the shortnose sturgeon by barring all rafts and watercraft from landing on any of the islands in this stretch—and banning all disembarking in the critical Rock Dam Pool spawning area to safeguard young fish, rare plants and freshwater clams?

In deference to recognized New England Native American Peoples, will Massachusetts’s Natural Heritage Program leaders, the Massachusetts Historical Commission and the US Fish & Wildlife ban access to the Connecticut River islands in that embattled 2-1/2 mile reach, where several Tribes have a documented presence and ancient connection to these extremely sensitive sites?

Ultimately, the questions that will soon be answered are these:

Does the river belong to the corporation, or to the people?
Do endangered species matter?
Do ecosystems matter?
Do federal and state environmental laws matter?
And, finally: DO RIVERS MATTER?

Coming generations may soon have their answers on the Connecticut River.

Karl Meyer has been a stakeholder and member of the Fish and Aquatics Study Team in the current FERC relicensing process for the Northfield Mountain and Turners Falls projects since 2012. He is a member of the Society of Environmental Journalists. Due to the non-disclosure agreements requested to take part in these private meetings with PSP Investments, he is not participating in these closed-door settlement discussions. The public is entitled to know.

Connecticut River shortnose sturgeon: Mother’s Day miseries at Rock Dam

Posted by on 13 May 2018 | Tagged as: Connecticut River ecosystem, Connecticut River shortnose sturgeon, ecosystem, endangerd shortnose sturgeon, FirstLight, Rock Dam, Rock Dam Pool, shortnose sturgeon, Turners Falls, Turners Falls dam

Copyright © 2018 by Karl Meyer. All rights reserved.

MOTHER’S DAY MISERIES AT ROCK DAM

The federally-endangered Connecticut River shortnose sturgeon has just a single, documented natural spawning site in the four-state river ecosystem: the Rock Dam in Turners Falls, MA.

Given the unique structure, depth, and flow characteristics of this ancient rock formation and spawning pool, shortnose have likely returned here for millenia, using it as a fail-safe nursery where they can choose depth, flow, and areas above sand, pebble-and-cobble substrate for spawning that will ultimately come to protect and nurture their young.


(Click, then Click again, THEN AGAIN, to enlarge)
MOTHER’S DAY MISERY AT ROCK DAM: listless flows and exposed cobble shoals where young would develop in safety.

However, this Rock Dam site is assailed annually during sturgeon spawning periods with ramping, see-sawing, and de-pauperizing flows that cause spawning failure for these embattled fish. This year was no different. On Mother’s Day, May 13, 2018, in what is virtually their peak spawning time, flow manipulations just upstream at FirstLight’s Turners Falls dam left the river roaring at Rock Dam one day, and bereft of nourishing flows and watered nursery habitat the next. No mercy on Mother’s Day here…

CONNECTICUT RIVER pumped storage: assault and battery on an ecosystem at a tipping point

Posted by on 19 Apr 2018 | Tagged as: 5-year FERC licensing process, CommonWealth Magazine, Connecticut River, Connecticut River ecosystem, Connecticut River shortnose sturgeon, Conte National Fish & Wildlife Refuge, Drew Huthchison, Federal Energy Regulatory Commission Chairman, federally-endangered Connecticut River shortnose sturgeion, FERC, FirstLight, Local Bias, MA Division of Fish and Wildlife, National Marine Fisheries Service, Northfield Mountain, Northfield Mountain Pumped Storage Station, pumped storage, Turners Falls, Turners Falls power canal, US Fish & Wildlife Service, wildlife refuge

Connecticut River Pumped Storage: assault and battery on an ecosystem at a tipping point

Copyright © 2018 by Karl Meyer. All rights reserved.

Downstream end of the starved and brutalized 10 mile reach of the Connecticut, looking upstream from just above the Deerfield River confluence. (Click, then click again to enlarge).

The following links offer the most up-to-date understanding of current and future conditions in the most embattled, crippled reach of the entire Connecticut River. It consists of the Massachusetts river corridor from Greenfield/Turners Falls above the Connecticut’s confluence with the Deerfield, to some 10 miles further upstream to beyond the immediate and deadly impacts of the Northfield Mountain Pumped Storage Station.

Most stakeholders in the ongoing 5-year (now into it’s 6th year) FERC licensing process for the Northfield Mountain Pumped Storage and Turners Falls hydro projects have signed confidentiality agreements with FirstLight. Though relicensing studies on the impacts of these facilities on fish and aquatic life will continue through this fall, signed-on stakeholders have now been participating in closed-door settlement discussions out of the public eye with FirstLight for nearly a year. Any negotiated–or FERC-mandated, river conditions under a new license will be permanently in place for decades on this key US ecosystem that is part and parcel of the watershed-wide Silvio O. Conte National Fish and Wildlife Refuge. They must comply with federal and state environmental law. FirstLight is a MA-registered, Canadian-owned subsidiary of PSP Investments–a 100% Canadian Crown-owned corporation.

Thus, the National Marine Fisheries Service, US Fish and Wildlife Service, MA Division of Fisheries & Wildlife, and state agency representatives from four New England states are charged with ensuring the Connecticut River ecosystem gets the long-awaited critical environmental protections for its US public trust fish and efforts to restore both the federally-endangered Connecticut River shortnose sturgeon, and the foundered half-century old mandate to bring migratory fish back to Vermont and New Hampshire–as both abundant resources for sport fishing, and seafood. That is their actual federal mandate, in place since 1967.

Given the embargo on public information in these closed-door settlement talks, people interested in the survival of the Connecticut River ecosystem and a viable four-state river for generations to come may find information contained in the following links helpful.

The first link is a piece published by CommonWealth Magazine in March. https://commonwealthmagazine.org/opinion/this-energy-storage-is-tough-on-connecticut-river/

The second is an interview by Drew Hutchison, creator of Local Bias, at Greenfield Community Television, also from March. Public participation information is included along with the credits at the end of the video. This is Local Bias production # 172.
https://www.youtube.com/watch?v=ivbXCGAwKWw

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