Conte National Fish & Wildlife Refuge

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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

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

Redeem the promise at Great Falls

Posted by on 16 Nov 2015 | Tagged as: 5-year FERC licensing process, American shad, bald eagle, canal shad, Captain William Turner, Connecticut River, Connecticut River ecosystem, Connecticut River Refuge, Connecticut River shortnose sturgeon, Conte, Conte National Fish & Wildlife Refuge, Daily Hampshire Gazette, endangerd shortnose sturgeon, Federal Energy Regulatory Commission, federal trust fish, federally-endangered shortnose sturgeon, FERC, FERC license, FERC licensing process, Greenfield Recorder, Holyoke Fish Lift, New Hampshire, Northfield Mountain Pumped Storage Station, Relicensing, Rock Dam, Rock Dam Pool, shad, shad fishing, shortnose sturgeon, The Greenfield Recorder, The Recorder, Turners Falls, Turners Falls dam, Turners Falls power canal, USFWS, Vermont, Vermont Yankee, wildlife refuge

The following piece, with edits, appeared in the Daily Hampshire Gazette and The Recorder on November 12, 2015 as: “Federal wildlife service must preserve the promise at Great Falls,” and “River restoration retreat”

The US Fish & Wildlife Service’s recent abandonment of their flagship Conte National Fish & Wildlife Refuge Visitor Center at Turners Falls defies all logic. In August they abruptly withdrew their on-site interpreter and funding for The Great Falls Discover Center. That center was located above the falls two decades back precisely because of the site’s importance as an ecological refuge—perched at a river crossroads critical to the success of their new “watershed-based” refuge.

Back then bald eagles had just returned to Turners Falls; it was once again the place that hundreds of thousands of migrating American shad surged to each spring. And just downstream was the sole natural site where the only federally-endangered migratory fish in the watershed–the ancient Connecticut River shortnose sturgeon, attempted to spawn each May. Known as the Rock Dam, its an ancient geological formation that remains a premiere retreat for spring shad anglers. For its biological and historic importance alone, Rock Dam should have long ago been offered the Refuge’s first “in-river” sanctuary designation.

Yet today, USFWS seems ready to walk away from its core mission and long history on the river at Turners Falls. Doing so would be no less an historic retreat than that of Captain Turner and his battalion after their pre-dawn attack on hundreds of Native American women, children and old men seeking refuge at that very site nearly 340 years ago. On May 19, 1676–having accomplished their grizzly goal with the loss of just one man, they were sent in reeling retreat when the first counter-attacking Native warriors arrived from a downstream island encampment opposite today’s Rock Dam. They’d been stationed there to intercept the teeming May shad runs to help feed their people. Turner and 37 of his troops died in the ensuing rout.

Today, Turners Falls remains the site of the US Fish & Wildlife’s biggest regional blunder in a mission to protect a nation’s fish and wildlife resources on New England’s Great River. In the late 1970s they signed off on the plan resulting in a series of fish ladders being built there. It forced all migratory fish out of the river and into the Turners Falls Power Canal. That resulted in a half century of failed fisheries and habitat restoration—largely drawing the curtain down on a spring ocean-connection for riverine habitats in Vermont, New Hampshire, and northern Massachusetts. That 1967 USFWS/four-state migratory fisheries restoration compact for the Connecticut River still founders at Turners Falls today.

That is why the recent USFW’s retreat from their ecologically and historically unique flagship perch remains inexplicable. Currently federal hydro-relicensing studies of dam and canal operations at Turners Falls are taking place. Their outcomes will determine environmental conditions governing the Connecticut River in this reach for two generations to come. The USFWS is playing a key role in these studies as the lead agency empowered to define and require changes at Turners respecting the protection and restoration of the public’s federal-trust and federally-endangered fish species there. In short, they’re at a crossroads. They are the key player able to restore past mistakes and make the Conte Connecticut River Watershed National Fish and Wildlife Refuge a true refuge for annual migrants passing from Connecticut to Massachusetts; then Vermont and New Hampshire.

That long-awaited success would occur at the doorstep of the Great Falls Discovery Center–replete with its life-sized displays of watershed fish and wildlife, and its accessible public auditorium. It’s a huge opportunity at a site virtually on the river, easily reachable by visitors from a broad swath of southern New England travelling the I-91/Route 2 Corridor. Great Falls is the only brick and mortar place for the public to regularly interact with USFW staff and a diversity of displays of characterizing watershed habitats for 80 miles in any direction. What’s more it’s the only publicly-funded flagship Refuge site where admission is free.

Without a touchstone site in this populous reach of the watershed, most citizens will remain unaware of the restoration and conservation work of the USFWS. They’ll be left to surmise instead that Conte is more a theoretical Refuge—a concept and an amorphous jumble of disparate parts lacking any true core.

In practice and in theory, Turners Falls and the Discovery Center site represent the best of opportunities for the US Fish & Wildlife Service to succeed in their core missions of conservation, restoration, public access and education. A second retreat at Turners Falls would be an historic failure. This fabulously rich reach of the Connecticut is uniquely situated to showcase the Service’s long-awaited success in river restoration on the public’s behalf. Many mistakes could be redeemed with the right decisions at this time. Don’t abandon the Great River at the Great Falls.

Public comments are being accepted through November 13th on the USFWS’s plans for Conte Refuge priorities for the next 15 years at: www.fws.gov/refuge/silvio_o_conte/

Karl Meyer
Greenfield