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CONNECTICUT RIVER UPDATE: STAY THE COURSE; KEEP UP THE PRESSURE!

Posted by on 20 Jan 2022 | Tagged as: Anadromous Fish Conservation Act, Commonwealth of Massachusetts, Connecticut River, Connecticut River blog, Connecticut River ecosystem, conservancy, Conte National Fish & Wildlife Refuge, critical habitat, E-Comments, ecosystem, EPA, ESA, Federal Energy Regulatory Commission, federal trust fish, FERC, FERC Comments, FERC license, FirstLight, Holyoke Co. v Lyman, Landmark Supreme Court Decision 1872, MA Department of Energy and Environmental Affairs, MA Division of Fish and Wildlife, MA Natural Heritage and Endangered Species Program, Massachusetts DEP, Massachusetts Division of Fish & Wildlife, migratory fish, National Marine Fisheries Service, NMFS, NOAA, Northfield Mountain, Northfield Mountain Pumped Storage Station, P-2485, public trust, right-to-know, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, US Fish & Wildlife Service

A Connecticut River deluge of citizens “no License to kill” defense pours into the Federal Energy Regulatory Commission.

READ THOSE DEFENDERS NAMES in the list below…

STAY THE COURSE; KEEP UP THE PRESSURE!

* * Also: On Sunday, January 23 at 10:00 AM, on Occupy the Airwaves, I join Paki Wieland, Bob Gardner and Emikan Sudan, to speak about these critical weeks for the future of the Connecticut River as FirstLight Power tries to nail down secret negotiations to relicense the devastation of the Northfield Mountain Pumped Storage Station for another half century: https://www.facebook.com/VFROccupytheAirwaves/ I hope you can listen and TAKE ACTION! * *

Occupy the Airwaves can be heard every Sunday morning at 10:00 AM on Valley Free Radio, WXOJ-LP, 103.3 FM, in Northampton, MA. Shows are re-broadcast every Friday at 3:00 PM, and can be streamed at www.valleyfreeradio.org.

HERE IS THE LIST OF THE LATEST CITIZEN HEROES of Connecticut River DEFENSE. NOTE: Update continues further below:

Joseph W Stubblefield, Sanjay Arwade, Jonathan S Shefftz, Jamie Rowen, Michael Giles, William H. Pete, Nicholas Reich, James Lowenthal, Katharine Sims, William Daniels, Paige Wilder, Karl Meyer, Shayla G Freeland, Mary J Metzger, Robert Arbib, C Grecsek, Malcolm G Everett, Mike Cournyn, Robert Catlin, Don Ogden, William N. Ryan, Elizabeth Whitcomb, Judith Nietsche, Celt Grant, Susan Olmsted, David B. Keith, Glen Ayers, Virginia Hastings, Annie Chappell, James Seretta, Ron Barto, Robert Dickerman, Pamela Scott, Tanya Dragan, Lin Respess, Rebecca Tippens, Sigurd Nilsen, Peggy Matthews-Nilsen, Amy Rose, Steven Wilkinson, Stephen Kerr, Nancy Obertz, Dorothy McIver, Robert Sweener, Seth Wilpan, Norma Roche, Fergus Marshall, Louise P. Doud, Vicki Citron, John Nelson Jr., Jon Burgess, Robert F Porzio, Garrett D Connelly, Dave Dersham, Betsy Corner, Graham Hayward, Sid Siff, Paul Richmond, Betsy Browning, Rebecca Robbins, James Smethurst, Laura Doughty, Mary Hall, Laura Kaye, Frank Ribeiro, Andrew Hutchison, Mark Russo, Judith Phillips, Priscilla Lynch, Molly Freeland, John Hoffman, Roberta Murphy, Dodi Melnicoff, Ethel S. White.

These folks have gone on the record with FERC in recent weeks and months, stating no new license should be issued for the Northfield Mountain Pumped Storage Station. They are from up and down the Connecticut Valley, from the Bay State’s border with Connecticut, up to Putney VT. I hope I haven’t skipped any of these people who understand ecosystems and have had the courage to defend ours for those who come along after. Many have also made their defense stronger by posting it in the public press. Thank you all, and stay the course!

These River’s defenders have staved off FirstLight’s secret license-to-kill negotiated plans with US Fish & Wildlife, National Marine Fisheries, MA DEP and MA Fisheries & Wildlife. THEY ARE SUCCEEDING: * NO SECRET AGREEMENT has yet been signed!! *

Don’t get sidetracked: STAY THE COURSE; KEEP UP THE PRESSURE!

OF CRITICAL NOTE:

I’ve been forwarded some posts recently. They appear to be some watershed rhetoric claiming to have discovered a last-minute, secret mechanism that can change the trajectory of this federal process at the state-level–AFTER a negotiated deal has been signed by the big-dog players and forwarded to FERC for approval.

That Cinderella idea seems to be just more window dressing from those who’ve failed to engage openly with the public in this 10 year fight. There have been decades–and numerous opportunities for any bona fide watchdog to file lawsuits on any number of flow, critical habitat and wetlands infractions and flagrant ecosystem damage across half a century.

New England’s River has been left on life-support here in Massachusetts—reversed, comatose and massively-deadly at Northfield for the last half century. There have been no lawsuits; there have been no challenges—under the Clean Water Act, Rivers and Harbors Act, Endangered Species Act, the 1872 Supreme Court ruling in Holyoke Company v. Lyman. None stood up as responsible public trust agencies for decade upon decade as the river was left in ruins as the Nation’s best landscaped deadly sewer in the Commonwealth.

We’ve just never had a real watchdog here. If there had been one it would have sued federal and state agencies and taken on a power company long ago. Defenseless for 50 years… YOU DON’T STAND BY WATCHING THE HORSE LEAVE THE BARN!

At this time, in this top-down federal process where big-time forever decisions are being made beyond the public eye, the key place to put the pressure on the agencies charged with protecting our public trust is straight to the top: GOING ON THE RECORD WITH THE FEDERAL ENERGY REGULATORY COMMISSION. Every FERC entry these defenders made has also been seen and registered in the licensing files by MA DEP, US Fish & Wildlife, MA Fisheries and Wildlife, and National Marine Fisheries. These folks are getting a constituent earful.

wendi_weber@fws.gov, Director Region 5 US Fish & Wildlife Service; andrew.tittler@sol.doi.gov, lead council at the table for USFWS; melissa_grader@fws.gov, at the table for our migratory fish; julie.crocker@noaa.gov, National Marine Fisheries Service Endangered Fish Recovery Branch Chief (endangered sturgeon); william.mcdavitt@noaa.gov, at the table for our migratory fish; mark.tisa@state.ma.us, Director of the Division of Fisheries and Wildlife, jesse.leddick@state.ma.us, Chief of Regulatory Review MA Division of Fisheries & Wildlife. Forward them your Letter; then maybe forward it to the MEDIA for broadening the public record!

It is pure fantasy that it will be possible to “save the river” and make key changes to a top-down negotiated federal deal AFTER these key agencies have signed some giant ecosystem compromise with venture capital FirstLight for the next 50 years. It’s pure fantasy, bravado, and soft-pedaling of the critical juncture we are at right NOW.

The only sensible, just and moral position to take with the future of an ecosystem that must be revived to support coming generations is simply: NO LICENSE TO KILL. That’s what’s at stake right now—telling our public agents there can be no deal sanctioning a half century of massive fish kills and river reversals here in Massachusetts, in the heart of the S.O. Conte Connecticut River National Fish & Wildlife Refuge. ONCE it’s signed, there will be little if anything left to re-bargain over. The time is NOW.

There is no sugarcoating what’s at stake RIGHT NOW in secret Connecticut River federal relicensing negotiations occurring behind closed doors between FirstLight and fed/state agencies. It’s no less than the future of a living Connecticut River ecosystem. Critically, what takes place and gets secretly-signed in that backroom closet between FirstLight’s venture capital lawyers, and federal and state environmental trust entities is likely to seal the life-or-death fate of a broken ecosystem here for what ‘s essentially its last chance at revival. There are many examples of terrific testimony and river defense in the other blog posts on this site.

AGAIN, if you haven’t yet submitted testimony–or know of others who want to defend our River’s right to survive as a living system, here’s the FERC formula to share:

Go to: www.ferc.gov; then to “Documents and Filings”; then click on the “Quick Links” tab for FERC Online on the right; and then to “eComment” on the page that opens. Follow directions for “Hydroelectric License/Re-license Proceedings (P – Project Number),” and BE SURE TO use Northfield’s FERC project number, P-2485, to enter your comments.

This is THE PUBLIC’S RIVER!

More Connecticut River citizens’ defense

Posted by on 13 Jan 2022 | Tagged as: America's best landscaped sewer, American shad, Clean Water Act, Commonwealth of Massachusetts, Connecticut River, Connecticut River Atlantic Salmon Commission, Connecticut River blog, Connecticut River Conservancy, Connecticut River ecosystem, Connecticut River migratory fisheries restoration, Connecticut River Watershed Council, Endangered Species Act, EPA, ESA, Federal Energy Regulatory Commission, federal trust fish, FERC, FERC license, FirstLight, fish kill, Holyoke Co. v Lyman, Landmark Supreme Court Decision 1872, MA Division of Fish and Wildlife, Massachusetts DEP, Massachusetts Division of Fish & Wildlife, migratory fish, Nation's best landscaped sewer, National Marine Fisheries Service, NMFS, NOAA, Northeast Utilities, Northfield Mountain, Northfield Mountain Pumped Storage Station, NU/WMECO, P-2485, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, Source to Sea Cleanup, US Fish & Wildlife Service

THE CONNECTICUT RIVER’S CITIZEN DEFENSE continues:
While FirstLight’s secret January license “settlement” talks continue–centered around leaky net ideas and spit-and-glue window dressing at Northfield Mountain, the public is demanding that its 50 years of devastation cease.

https://www.youtube.com/watch?v=ybwy8MBiy9I
* * NOTE: ABOVE is a link to a Wilbraham Public Library ecology lecture series I was asked to take part in last November. The title of my presentation was: “LIVING RIVERS FLOW DOWNSTREAM.” IT IS A KEY HISTORIC PERSPECTIVE to understanding why we live in a broken ecosystem… * *

https://www.gazettenet.com/my-turn-meyer-LastLightCtRiver-44127152

FirstLight led closed-door bargaining with state and federal fish and environment agencies are continuing here in MA, while an ongoing flood of citizen testimony to end Northfield Mountain’s license to kill continues at the Federal Energy Regulatory Commission.

THOSE DEMANDS–from no less than 77 people since November 13th, are also sending a very clear signal to the MA Division of Fish & Wildlife, MA DEP, the US Fish & Wildlife, and National Marine Fisheries Service:

DON’T SELL OUT New England’s Great River for another half-century!

* Read the latest public testimony targeting Northfield lethal ecosystem destruction entered into the FERC record further below.*

BUT FOR THE LONG VIEW, HERE’S A LITTLE ILLUMINATING HISTORY:

Only living rivers flow downstream. But that’s not what you find on the Connecticut River in the Commonwealth of Massachusetts. Here, 150 years after the US Supreme Court guaranteed safe upstream and downstream passage of migratory fish to and from New Hampshire and Vermont—and a full half century after the enacting of the Clean Water Act and Endangered Species Act, the Northfield Mountain Pumped Storage Station continues to chew-through, reverse and obliterate the key living ecosystem functions of New England’s critical central artery here in northern Massachusetts.

The grim prospects of allowing Northfield to be built were widely known by federal and state agencies half a decade before it began its deadly, net-power loss, river-reversing ecosystem damage. Here, from the same agencies that are today’s MA Fish & Wildlife, US Fish & Wildlife Service, and the National Marine Fisheries Service (the entities still publicly responsible for environmental enforcement and river fish protection), are their words from a key, signed, 1967 document:

“Statement of Intent for a Cooperative Fishery Restoration Program for the Connecticut River Basin”

“Based on the present fragmentary data available on the Northfield Pump 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 anadromous and resident species, and an orientation problem for both upstream and downstream migrants attributed to pumping large volumes of water. Studies, designed to minimize the potential adverse effects to fishery resources, should be undertaken in development of the design for the Northfield Pump Storage Project. In related studies, fish screens, barriers and deflectors, and flow regimen must be thoroughly investigated.”

Those agencies’ inaction, their failure to protect–while instead indulging in a massive frenzy to recreate an extirpated salmon hybrid in place of a fish not seen here since 1809, proved disastrous for the river’s still-living fish runs and species in this four-state ecosystem. Today, absurdly, a deadly Northfield Mountain soldiers on, while—50 years later those same agencies dicker with foreign owners over emplacing a new band-aid of a barrier net—one full of holes, upstream of that deadly, river-reversing suction.

In the “library” at the Connecticut River Watershed Council—today’s “Conservancy”, there is a boxed, mid-1960s promotional document from WMECO/Northeast Utilities. NU is today does business as Eversource, the perennial chief sponsor of the Conservancy’s Source to Sea Cleanup. That half-century old box contains a glossy booklet promoting the future construction of a Northfield Mountain Pumped Storage Station. The booklet includes several scenarios and options to premise how of its net-loss power pumping operations might be deployed.

One of them was a glaring red flag for the river, its fish, and an entire ecosystem…

The Watershed Council HQ has a private library within…

THAT SHUTDOWN OPTION, never implemented, was that Northfield’s impacts would be so detrimental to the river and life cycles of its migratory fish that it would have to be shut it down during fish migration season. But here again, no watchdog ever emerged to stand up and fight for a living Connecticut River in Massachusetts. Basically, the only protection ever offered was a net to protect their mythical, teeny, hatchery-bred baby salmon, leaving all the river’s other species to fend for themselves.

Thus Northfield’s gargantuan and lethal water and fish appetite still strangles New England’s four-state ecosystem today. And, half a century later, those same public agencies are allowing a power company to dangle the grim bait of temporary fish barrier net before them once more.

ABOVE IS AN EPA-ORDERED “silt barrier” mandated to be kept in place at FirstLight’s Northfield intake after they were caught flagrantly and clandestinely dumping a mountain of muck directly into the river for over 90 days straight in gross violation of the Clean Water Act. Looking closely, you can see it has FAILED, its anchors useless, and its floats flapping in the breeze along the shoreline downstream of Northfield’s sucking intake. Photo taken 10/2/2010.

Even two years after Northfield came on-line the Federal Power Commission–today’s FERC, still had not been given answers to information they’ requested of WMECO–today’s Eversource, including describing flows on a reversing river. This is a Xeroxed document from FERC:

20010120-0656 FERC PDF (Unofficial) 09/10/2014: January 22, 1974, from the Federal Power Commission to WMECO:

Robert E. Barrett, Jr.,President.
Western Massachusetts Electric Company
West Springfield, Massachusetts 01089

Dear Mr. Barrett:
The Commission staff is presently preparing the Draft Environmental Impact Statement for the Turners Falls Project (No. 1889) and requests the following information:
(1) In the revised Fxhibit W of the application (page 43, second paragraph), reference is made to the continuing resident fish study being conducted in Turners Falls Reservoir. Please provide a copy of the results obtained since the last Progress Report. If the study has not been completed, please indicate the date you expect a report to be available.

(2) In Exhibit W (pages 19, 20, and Figure 5), the conditions expected to produce flow reversals in the Turners Falls ‘Reservoir as a result of Northfield operation were set forth. Since the Northfield Mountain Project became operational, which of the conditions described have been observed to produce reverse flows? Based on operational experience, are there any observed or anticipated changes in the patterns, durations, or velocities of the flows described therein? Your early response in providing this information would be appreciated.
Very truly yours,
Secretary

On October 16, 1974, WMECO’s lawyers finally replied in the negative to the Federal Power Commission’s questions, stating they still had not implemented the required study which would offer answers to questions about the impacts of reversing the flow of the Connecticut:

“Staff also inquired whether the Company had a study on the effect of hydrology caused by the pumping of Northfield Mountain project this year. The Northfield Licensees have not made a formal study but are accumulating data with respect to Pond elevations, flows and other operating data.”

EVERYBODY KNEW 50 YEARS AGO: yet nobody came to the Connecticut’s rescue…

BUT TODAY CITIZENS are standing up for the living river owed future generations. SEE BELOW for the latest entries into the FERC public record…

BUT FIRST, here’s how it can be done:
Go to: www.ferc.gov; then to “Documents and Filings”; then click on the “Quick Links” tab for FERC Online on the right; and then to “eComment” on the page that opens. Follow directions for “Hydroelectric License/Re-license Proceedings (P – Project Number),” and BE SURE TO use Northfield’s FERC project number, P-2485, to enter your comments.

HERE ARE THE LATEST:

Document Accession #: 20220111-5033 Filed Date: 01/11/2022
Elizabeth J Erickson, Colrain, MA.

As a long time resident of Franklin County I have for a long time been very concerned about the environmental and ecosystem destruction at Northfield mountain because of the power generating plant there. I have been following the research about the decline in fish populations in the Connecticut River nearby because of the turbines and am strongly opposed to the reicensing of the First Light hydropower plant there. I’m actually shocked that the relicensing is even being considered given all that is now known about how destructive the plant is. Please deny any future license of power generation of Northfield Mountain.

thank you,
Elizabeth Erickson
Colrain, Massachusetts

Document Accession #: 20220111-5005 Filed Date: 01/11/2022
John Hoffman, Shelburne Falls, MA.

I am writing to ask that you deny a continuation of the license for FirstLight Hydro Generating Company. The project began as a way to make use of excess power from the Vernon Nuclear Power Plant. That plant is now closed. This license is now simply a vehicle for FirstLight to use its capitol to make a profit.

That profit comes at the expense of the Connecticut River, one of the glories of New England, and the source of outstanding agricultural soils in the Connecticut River valley. Now that we possess a vastly more sophisticated understanding of river ecology, the damage to the river is elaborately documented.

By sucking large volumes of water out of the river and then disgorging them back, the company erodes the river banks which in turn damages water quality. The turbines through which water is sucked destroy aquatic life, from adult fish, to their young and down to their eggs.

This is a primitive way to treat a river. No company in our present era should be allowed to inflict such damage. This river is a part of the commonwealth of Massachusetts. We the citizens ask you to protect the invaluable ecosystem of our preeminent river and deny FirstLight its license.
Future generations will thank you.

Document Accession #: 20220111-5004 Filed Date: 01/11/2022
Molly Freeland, Gill, MA.

To whom it may concern,
I am a resident of Gill Massachusetts and I request that you do not let Northfield Mountain Pump Station renew their license. The pump station is killing all life it sucks up from the river. Millions of fish are dyeing every year, including endangered short nose sturgeon. The pump station causes major erosion in the river banks which then spreads pollution. The pump station is escalating climate change when we need to be looking to renewable energy sources. Please say no to the pump station for our children, grandchildren, all life and the planet.
Sincerely,
Molly Freeland

Document Accession #: 20220111-5002 Filed Date: 01/11/2022
Irma Lorraine Pearson, Greenfield, MA.

If we, residing in the Democratic heart of our country, cannot save the only large river we have, and all the life in it, we are putting our imprimature on the destruction of our planet for the sake of building private fortunes.

The cautionary tale of Midas and his gold works very well here.
Let’s try another path, of freeing the rivers of dams and reversals, and saving 50% of our ecosystem as wilderness.

Connecticut River blog: Connecticut River stand up September 18

Posted by on 16 Sep 2021 | Tagged as: American shad, Buz Eisenberg, Clean Water Act, cleanup, Connecticut River, Connecticut River ecosystem, Conte National Fish & Wildlife Refuge, ESA, fish kill on the Connecticut, Northfield Mountain, Northfield Mountain Pumped Storage Station, pumped storage, river cleanup, shad larvae, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, The Recorder, Turner Falls Canal annual draining, WHMP

WHY anyone might choose stand out on the Turners Falls Gill-Montague Bridge over the Connecticut River on Saturday, September 18, 2021, 11 a.m – noon… * ALSO, new WHMP interview with Buz Eisenberg linked below *

dead juvenile Connecticut River shad… Copyright © 2021 by Karl Meyer

PICTURED ABOVE are dead juvenile America shad–easily 150 of them. These are Connecticut River migratory fish that had been lucky enough to escape the treachery of the Northfield Mountain Pumped Storage Project, just seven miles upriver. There, annually, it’s killer death toll for juvenile shad alone can hit the 2 million mark. So picture a scene like the one above, but multiply it by 100,000 or 200,000, and you start to get a picture of the invisible slaughter that’s never been cleaned up on the Connecticut. Sadly, these hapless juveniles were on their way to the sea when they met their demise in the Turners Falls Power Canal. They died just 300 yards from the dissolving riverbanks of the actual Connecticut River and the desecrated spawning habitat of the federally endangered shortnose sturgeon. Yet more responsibilities and laws flaunted and ignored.

NOTE:There are crucial times when the public has to do the job left undone for a half century after the Endangered Species Act and Clean Water Act became the law of the land on the Connecticut River. It’s a half dead river carcass in so many ways–a watercourse that does not even meet the definition of a living river in Massachusetts.

Just ask yourself: ON WHOSE WATCH DID THIS OCCUR??

This is a river that’s gone 50 years without a defender. A four-state US Fish & Wildlife Refuge without a single full-time, or part-time staff lawyer dedicated to its daily defense for half a century. The federal and state agencies responsible failed to protect it–and no one held their feet to the fire.

That’s how rivers die. They wither for decades under umbrella organizations that shun and deflect the bedrock necessity to accept a MISSION mandate to INVESTIGATE, ENFORCE and PROSECUTE.

We have a textbook case here:
Where there is no WATCHDOG,there is no ENFORCEMENT.

That’s why someone might choose to stand up for their river on the Turners Falls Bridge on Saturday, Sept. 18, at 11:00. It’s because NO RIVER SHOULD DIE IN THE DARK.

LINKS BELOW:
https://www.recorder.com/my-turn-meyer-StandUpforNERiver-42357321

https://whmp.com/podcasts/the-afternoon-buzz-9-16-21/

ACTIONS YOU CAN TAKE NOW:

If you think the Connecticut River ecosystem should be survivable for fish and aquatic animals in all four states–and that New England’s River should meet the basic definition of a living river in the Commonwealth of Massachusetts… Then, DEMAND of these agencies and officials that any new FERC license for the Northfield Mountain Pumped Storage Station (FERC Project # 2485) meet all the requirements of the Clean Water Act, the Rivers and Harbors Act, and all state and federal wetlands protection laws—for the Connecticut River, including safe fish passage mandated in the 1872 Supreme Court decision Holyoke Company v. Lyman. Make them hear you. Name names. Demand the cleanup of a river left comatose for half a century. It is OWED to coming generations.

(*Lots of relicensing and river information and issues notes at www.karlmeyerwriting.com/blog/ )

HERE ARE THE AGENCIES AND NAMES of those responsible for protecting the river ecosystem for future generations. Name them. Write them, then forward that letter to your Congress person and state representative–as well as the local paper. Name names. Let them know you are watching and expect them to do their duty. Finally, send your notes to FERC, using www.ferc.gov. Go to E-comments, make sure you give your name and address and specifically mention “Northfield Mountain, P-2485” when you write. That is the FERC docket number, and it’s required. BUT, mostly, say their names in public–they are working for us. IT WILL BE THEIR LEGACY TOO

ENERGY executives in the private/quasi-public sphere:

Mr. Gordon van Welie, President and CEO, ISO-New England, the “independent” system operator: Phone (413) 540-4220

Mr. Peter Brandien, Vice President of System Operations, ISO-New England:
E-mail: pbrandien@iso-ne.com. NOTE: Mr. Brandien writes the annual support letter that facilitates the daily commercial damage to the Connecticut wrought by the Northfield Mountain Pumped Storage Project.

FEDERAL PUBLIC officials:

For endangered Connecticut River shortnose sturgeon, freshwater mussels, as well as American shad, blueback herring and American eel: Ms. Donna Wieting, Director of Protected Resources, National Marine Fisheries Service, NOAA Fisheries: Phone: 301-427-8400

Also, for endangered shortnose sturgeon, as well as American shad, blueback herring and American eels: Mr. Sean Mcdermott, Greater Atlantic Region Fisheries Office, National Marine Fisheries Service, Gloucester, MA 01930:
E-mail: Sean.mcdermott@noaa.gov

Also at NMFS, protecting shortnose sturgeon and their habitat: Ms. Julie Crocker, Greater Atlantic Region Fisheries Office, National Marine Fisheries Service, Gloucester, MA 01930:
E-mail: Julie.crocker@noaa.gov

For federal protection and enforcement of the Clean Water Act on the Connecticut River:
Mr. Timothy L. Timmermann Office of Environmental Review, EPA New England Region 1, Boston MA 02109-3912:
E-mail: timmermann.timothy@epa.gov

For all migratory fish and safe passage on the river including American shad, herring, and endangered sturgeon:
Ms. Wendi Weber, US Fish & Wildlife Service Region 5, Hadley MA 01035: E-mail: wendi_weber@usfws.gov

MASSACHUSETTS state officials:

Ms. Kathleen Theoharides, Secretary of the MA Executive Office of Energy & Environmental Affairs 100 Cambridge St., Suite 900, Boston, MA 02114:
Main Phone at (617) 626-1000

For Massachusetts clean water and wetland habitat protections on the Connecticut:
Mr. Brian Harrington, Bureau of Water Resources Deputy Regional Director, Massachusetts Department of Environmental Protection, 436 Dwight Street, Springfield MA 01103:
E-mail: Brian.d.harrington@state.ma.us

Also from MA DEP: Mr. David Cameron, PWS Section Chief, Massachusetts Department of Environmental Protection, 436 Dwight St., Springfield, MA 01103:
E-mail: David.cameron@state.ma.us

For state-endangered shortnose sturgeon and all Connecticut River migratory fish in MA:
Mr. Jesse Leddick, Chief of Regulatory Review, Massachusetts Division of Fisheries and Wildlife, 1 Rabbit Hill Rd., Westborough MA 01581:
E-mail: Jesse.Leddick@mass.gov

Also at MA Div. of Fish & Wildlife: Mr. Steven Mattocks, Massachusetts Division of Fisheries and Wildlife, Fisheries, 1 Rabbit Hill Rd., Westborough MA 01581:
E-mail: steven.mattocks.@mass.gov

Connecticut River: not clean; not healthy–it’s this river refuge’s hall of shame in MA

Posted by on 17 Jun 2021 | Tagged as: Andrew Fisk, climate change, climate-heating, Connecticut River, Connecticut River Conservancy, Connecticut River ecosystem, Connecticut River shortnose sturgeon, Conte National Fish & Wildlife Refuge, CRC, Dead Reach, Delaware LLC, Dr. Boyd Kynard, ecosystem, ESA, Federal Conte Anadromous Fish Research Center, Federal Energy Regulatory Commission, federally-endangered Connecticut River shortnose sturgeion, FERC, FERC license, FirstLight Power, fish passage, ISO, ISO-NEW ENGLAND, LLC, Micah Kieffer, National Marine Fisheries Service, NMFS, Northfield Mountain Pumped Storage Project, Public Sector Pension Investments, pumped storage, Rock Dam, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, State of Delaware, Turners Falls dam, Turners Falls power canal, Uncategorized, USFWS, Vermont, water lab

Copyright © 2021 by Karl Meyer


June 15, 2021, the baking, dewatered Rock Dam cobbles at the shortnose sturgeon nursery, where early life stage sturgeon should find watery shelter. This is DEAD, critical habitat. Photo Copyright © 2021 by Karl Meyer

For a fourth season beyond the date (4/30/2018)Canada’s Public Sector Pension Investments FERC (Federal Energy Regulatory Commission) license expired to operate their FirstLight Power, river-ravaging Northfield Mountain Pumped Storage project and river-starving Turners Falls/Cabot Station power canal diversions out of the main stem river, conditions for fish and a living river ecosystem have again proven grimly dismal. Conditions last weekend in the 20 mile reach backed up for NMPS’s river-gorging behind TF dam got so ugly there was not even water to launch a boat just a half mile above the dam at the state boat launch. See Ch. 22 link below.

https://www.wwlp.com/news/local-news/franklin-county/low-water-levels-for-parts-of-connecticut-river-in-franklin-county/

Without a watchdog and a lawyer with an injunction at the ready, that’s just what you come to expect here. Insanity is witnessing the same lack of enforcement and leadership languishing, year-in, year-out, and expecting different results.


Migration season spill to the actual riverbed amounts to little more than a pan of dishwater–for fish seeking an upstream route to Vermont and New Hampshire. Photo Copyright © 2021 by Karl Meyer

The most interesting statements on the situation did not come from any of the agencies or the ngo laying claim to safeguarding this massively abused reach, but from PSP’s FirstLight Power–now re-registered out of the Bay State as a Delaware llc. Here, in their press statement they actually felt quite comfortable pointing to ISO-New England in Holyoke–the “electric grid operator,” as the responsible party for choking the life out of the Connecticut in Franklin County–right in the midst of key spring spawning when development of early life stages are critical to restoring beleaguered runs of migratory fish. READ FL statement BELOW:

“Over the weekend water levels in the area of Barton Cove were exceptionally shallow due to several overlapping conditions affecting water levels in the Turners Falls Impoundment.These factors included dispatch of our facility by the electric grid operator at the same time we were spilling water over the Turners Falls dam to meet federally required flows to support fish passage. These conditions are all within the approved and licensed operation of the facilities, however, coupled with lower than usual flows in the river, the water levels dropped to an unusually low level in this instance.”

ISO-New England and PSP/FirstLight are like corporate kissing cousins–in a grim Bermuda Triangle where the river disappears. That triangle goes from Northfield/Turners Falls through Holyoke, thence down to Delaware for tax-dollar cleaning; and then way back north to Canada for profit-taking. OOOPPS, I guess that makes it a Bermuda RECTANGLE!

Anyway, hard to reconcile those grim, pillaging river conditions with any massive requirement for huge amounts of power… It was simply a gorgeous June weekend–no giant peak power use or anything in the way of summer heatwave stuff going on. Could it be that our ecosystem was being massively thrown under the bus purely for profit taking? Or, was ISO-NE exporting our river–ravaged for its megawatts, far outside our region? Did the Connecticut get pillaged for use in the New York power grid? It’s just a scam, wrapped in a riddle, with no media scrutiny permitted.

Here, though, I must extend a prize for BS to FirstLight’s PR people who blame, in part, the fact that they “were spilling water over the Turners Falls dam to meet federally required flows to support fish passage.” Their sole and absurdly “required” offering of spill into the riverbed for migrating fish is 400 cubic feet per second in fish passage season. That’s the equivalent of a dishpan’s worth of water, when a swimming pool’s worth is the minimum required to restore a living ecosystem below the Turners Falls dam. These communications people are high paid, and they are so good when you have an uninformed public.

MEANWHILE, I visited that DEAD REACH below TF Dam on Monday. The Rock Dam, the only documented natural spawning site of the only federally-endangered migratory fish on the Connecticut in Massachusetts. For endangered shortnose sturgeon in Franklin County, just yards away from the Conte Fish Lab, and just across the river from the home of the Connecticut River Conservancy, it was just another de-watered, failing riverbanks day. Baking cobbles, blood-orange sludge drooling down failing banks and entering the Connecticut as slurry. Months back Andy Fisk of CRC–with its own in-house water lab, definitively told the media he would not sample that grim soup. I guess if you sample and find a problem, people would expect action.


June 15, 2021: here are the blood-orange, buckling Connecticut River banks sloughing directly into the Rock Dam pool. Photo Copyright © 2021 by Karl Meyer


The sludge outlet into Rock Dam. The sturgeon bakery-beach cobbles are in the background, right–that little tongue of dead water is the CT River’s “flow”. Photo Copyright © 2021 by Karl Meyer

The Rock Dam pool, as some of this river’s most critically endangered habitat, was exhaustively investigated by Conte Lab’s Dr. Boyd Kynard and his assistant Micah Kieffer, for 17 straight seasons. Yet today, in the midst of critical relicensing times, Conte Lab does not even set out a basic water-level data loggers–which would at the very least, offer annual data during the critical spawning months of April through June on flows, depth and temperature. That would at least tell you on what particular date and time. and at what water temperature the dam and headgate operators upstream inside FirstLight’s Northfield Mountain shut off the spigot at Turners Falls dam, sending their grim pumped storage surges sideways into their canal and screwing another sturgeon spawning season at this ancient nursery site for endangered fish trying to hold their place in the ecosystem.

I personally paid for and installed a data logger at Rock Dam a half decade back–though I could not have got it done without the quiet and prodigious help and expertise of a leading sturgeon biologist and investigator. The results were incontrovertible and damning. They got forwarded to the National Marine Fisheries Service, the lead agency on sturgeon protection, and USFWS. No action was ever taken.

I also intervened with FERC vs. FirstLight for dewatering Rock Dam three spawning seasons back–citing violation of the ESA in the face of the KNOWN presence of spawning sturgeon there. My argument, which did result in a FERC hearing in Washington DC, was made on the basis that FirstLight violated their license requirement to coordinate operations of their Northfield and TF facilities, which also includes adherence to the tenets of “takings” under the Endangered Species Act. FERC tossed out the my arguments on inscrutable grounds, but I at least stood up.

If I had a federal lab this season–or for ten seasons past, I would have protected that shortnose nursery just 300 yards away and right under my nose at my federal lab. That’s “Science for a Changing World.” And if I had a water testing lab at my facility, the first thing I would have done is take that water sample–just to be sure. This year, or last year–because that’s what real river protection means.

Clean water;healthy habitats in Franklin County Massachusetts? I think not. Massachusetts is where the Connecticut River ecosystem dies; and the profits fly out of the region. Special thanks to PSP Investments, your neighbor since 2016, and ISO-New England, your bulk power corporate facilitator.

OHHHHH, OOOOHHH! And please don’t forget, every time Len Greene from FirstLight, or Alicia Barton leaves you walking away from some press release somehow thinking that Northfield Mountain is producing ‘clean’, ‘carbon free’ energy?–do note that Northfield is a huge energy CONSUMER that has never produced a single watt of virgin power. In reality it is running off the massive slugs of carbon gorging/planet warming natural gas that today powers the ISO-New England Power grid. In recent days, without any heat wave in sight, their energy “mix” that is massively pulled on for NMPS’s river killing has exceeded 60% natural gas at times. There is everything deadly, and little benign, about what Northfield has done to the Connecticut these last 49 years–or what it will do in the future.

Finally, the thing to note and remember about the Connecticut River across all these decades:

WHERE THERE IS NO WATCHDOG, THERE IS NO ENFORCEMENT.

There is no watchdog protecting this river.

THE GREAT FAILURE TO PROTECT

Posted by on 22 May 2021 | Tagged as: Cabot Woods, Clean Water Act, Connecticut River, Connecticut River ecosystem, Connecticut River shortnose sturgeon, Conte National Fish & Wildlife Refuge, Endangered Species Act, Environmental Protection Agency, EPA, ESA, Federal Energy Regulatory Commission, Federal Energy Regulatory Commission Chairman, FERC Commissioner Richard Glick, FirstLight, FirstLight Power, Julie Crocker, Kathleen Theoharides, MA Division of Fish and Wildlife, MA Natural Heritage and Endangered Species Program, Martin Suuberg: Commissioner MA Department of Environmental Protection, Monte Belmonte, National Marine Fisheries Service, National Marine Fisheries Service, Nipmuck, NMFS, Norwottuck, P-1889, P-2485, Pocumtuck, Rock Dam, Rock Dam Pool, Section 9–Prohibition of Take Section 9(a)(1), Shortnose Stout, shortnose sturgeon, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, State of Delaware, Turners Falls dam, Turners Falls power canal, US Fish & Wildlife Service, US Geological Survey, Wendi Weber, wrsi.com

THE GREAT FAILURE TO PROTECT: Flaunting the Endangered Species Act and Other federal and state laws governing clean water and habitat on the Connecticut River at Rock Dam in Massachusetts


Photo credit: US Geological Service

FirstLight’s Turners Falls and Cabot Station under the Federal Energy Regulatory Commission License #: FERC P-1889.

The ROCK DAM spawning nursery on the Connecticut River: the ONLY documented NATURAL spawning site for the ONLY FEDERALLY-ENDANGERED MIGRATORY FISH on the Connecticut River: the CONNECTICUT RIVER SHORTNOSE STURGEON.


Desiccating and baking shortnose sturgeon nursery habitat in the Connecticut River at the Rock Dam pool on May 21, 2021.
Photo Copyright © 2021 by Karl Meyer

The FEDERAL ENDANGERED SPECIES ACT OF 1973, Section 9: the term “TAKE” MAKES IT ILLEGAL TO: “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.”

Other federal and state laws NOT being ENFORCED on the Connecticut River at this critical habitat: the CLEAN WATER ACT, THE WETLANDS PROTECTION ACT, and, the Supreme Court’s 1872 landmark environmental decision for the Connecticut River in Holyoke Company v. Lyman—mandating that private operators of dams and facilities on the Connecticut—and thence for all rivers, must provide safe upstream and downstream passage for migratory fish.

A red slurry enters the Connecticut at the Rock Dam

Copyright © 2021 by Karl Meyer

When there is no WATCHDOG, there is no ENFORCEMENT.

THE: federal and state agencies and leaders responsible for implementation, protection and enforcement of laws and conditions protecting spawning, habitat, life-cycle and survival of the Connecticut River’s sole federal and state endangered migratory fish: THE CONNECTICUT RIVER SHORTNOSE STURGEON

THEIR NAMES:

Phil Glick, Chairman, Federal Energy Regulatory Commission:
Julie Crocker: Branch Chief, Endangered Fish Recovery unit, NOAA, Gloucester MA (
Kathleen Theoharides: Sec. of MA Energy & Environmental Affairs
Martin Suuberg: Commissioner MA Department of Environmental Protection
Ron Amidon: Commissioner MA Dept. of Fish & Game
Daniel McKiernan: Director MA Division of Marine Fisheries
Wendi Weber: Director Region 5, U.S. Fish & Wildlife Service

Here is a link to further discussion of testing the connection between the TF Canal and grim sludge at Rock Dam–w/Monte Belmonte, WRSI.com
https://wrsi.com/monte/how-to-save-the-shortnose-sturgeon/

When there is no WATCHDOG, there is no ENFORCEMENT.

CONNECTICUT RIVER IMPEACHMENT DAY

Posted by on 15 Feb 2021 | Tagged as: Clean Water Act, Connecticut River, Connecticut River ecosystem, conservancy, critical habitat, defense, Endangered Species Act, EPA, ESA, Federal Energy Regulatory Commission, federally-endangered Connecticut River shortnose sturgeon, federally-endangered shortnose sturgeon, FERC, FirstLight, impeachment, IS IT CLEAN?, Monte Belmonte, Northfield Mountain, podcast, Rock Dam, Rock Dam Pool, The River, Turners Falls, Uncategorized, water lab, WRSI

CONNECTICUT RIVER IMPEACHMENT DAY: FEB.13,2021
Copyright © 2021 by Karl Meyer

The Connecticut River and the effluent entering it at the Rock Dam in Turners Falls on February 13, 2021. Photo Copyright © 2021 by Karl Meyer

Rock Dam. Ancient fishing place at Peskeomscutt. Critical habitat, gathering and spawning place for the Connecticut River shortnose sturgeon–federally endangered fish with genetics as old as the ancient basalt that defines their habitat. Rock Dam, ancient cultural site where the riverbanks fail in yards-wide gashes, bleeding an oozy orange puss that flows in a constant ribbon into the age-old riverbed there.

(FOR A PODCAST< related to this post go to: https://wrsi.com/monte/saving-rock-dam-from-damnation/. It is from WRSI/The River radio, with host Monte Belmonte)

This is how ecosystems die, how a planet dies, bit by little bit–day after day. Sixteen months ago I submitted documents and pictures of this degradation to the Federal Energy Regulatory Commission. All parties, stakeholders, and federal and state fisheries agencies were apprised of my FERC report and intervention. All have long staked claims as this great river’s protectors.

Ever-so-slowly FERC responded to my report of critical habitat degradation by absurdly requiring FirstLight do its own investigation of their bank failures and discharge running to the only documented natural spawning site of the only federally endangered migratory fish in the river. FirstLight, in representing itself, found itself exonerated of responsibility. Blame for the constant red tide was somehow placed at the feet of the public.

Day by day, by day, by day, by day–this is how a river rots, while so many sit on the sidelines. Day by day, in the midst of an endless legal relicensing process addressing environmental conditions in New England’s River, the assault continues, the banks fail–the orange sludge enters. A simple act of courage would have sufficed: just scoop some bank sludge, have it analyzed. Take a beaker’s worth of water to your lab; run a test.

If you brag about your water quality lab and–yet week after week, month upon month, season after season, ignore the grim juice invading critical river habitat right on your Greenfield doorstep, you are a failed entity. You have no valid claim as a solution, you are this river’s problem. If riverbanks fail in the most critical reach of the main stem river in the midst of relicensing on your watch and you don’t sue, your erosion committee is just window dressing.

Today two conservancies lay claim to championing New England’s Great River. But there is no conservancy in evidence here–no rescue, no enforcement, no prosecution. There’s been no sampling, even as little fish promo rescues were videoed in the muck-filled power canal just 100 yards away. Upstream in the actual riverbed, more happy-time swimming podcasts were filmed, while not a single lens was pointed at the Rock Dam pool’s grim debasement, a quarter mile distant. Sixteen months, and a deafening silence here–while congratulatory broadcasts are run celebrating how the Connecticut was cleaned-up and saved… Really. Really? Cleaned up, saved???


The Rock Dam spawning pool, the most critically endangered habitat on the entire Connecticut River. Photo Copyright © 2021 by Karl Meyer

Here, at the most critical habitat in the entire river ecosystem, it might as well be 1940. It appears the Clean Water Act applies only to other rivers; the Endangered Species Act–that’s a law for somewhere else. To protect the life force of a river requires diving in like an ER doctor, protecting the core at all costs. Any ancillary PR busy work around the tributary edges can happen sometime down the road. The victim must be stabilized, first, lest there’s nothing left to save.

If you lay claim to a river, you have a duty to preserve, protect and defend. Not when its easy; not just where it won’t ruffle any feathers. Today, there is no defense for what is here, on this river–central artery of a fish and wildlife refuge. Truth is, there is NO DEFENSE ON THE CONNECTICUT RIVER, no entity posting-up against corporate abuse. None exercising the courage or integrity to prosecute a real defense.

Conservancy here, appears to equate with comfort zone. Its a safe place, in a refuge where the by-word seems to be simply–go along to get along. Podcasts are no substitute for intervention and prosecution; filing endless pages of testimony is merely more talking-the-talk.

Enforcement is what’s been missing on New England’s river these last 70 years. In its absence the life force of an ecosystem has teetered on the edge of viability for generations in the Connecticut’s critical reaches at Turners Falls and Northfield Mountain. Today the grim faltering can be easily witnessed daily at the Rock Dam in Turners Falls, where hour upon hour, day after day, critical habitat is bathed in failure; a great river remains undefended.

On other Northeast rivers–ones smaller, and with much younger organizations formed for their defense, things are handled differently, directly. They take defense as an obligation; they employ staff lawyers, investigate, and take action. Instead of remaining silent and sidelined for generations while tethered to the cash handouts of the corporate chow-line–when they witness crimes they take the bastards to court.

Here, with no watchdog to fear, they are playing for keeps.

END NOTE: generations of Canadian shareholders at PSP Investments, FirstLight’s parent owner, are very much looking forward to enjoying the profits from a river and ecosystem shredded by the daily net-loss operation of Northfield Mountain. What will our great grandkids think of what we failed to do here?

ENDGAME LOOMS FOR NEW ENGLAND’S GREAT RIVER

Posted by on 10 Sep 2020 | Tagged as: American shad, Anadromous Fish Conservation Act, Atlantic salmon, blueback herring, climate-destroying, Connecticut River, Connecticut River ecosystem, Connecticut River shortnose sturgeon, Conte National Fish & Wildlife Refuge, endangerd shortnose sturgeon, Endangered Species Act, ESA, Federal Energy Regulatory Commission, FERC, FERC licensing process, FirstLight, FirstLight Power Resources, Fish and Aquatics Study Team, GHG, Massachusetts Division of Fish & Wildlife, National Marine Fisheries Service, National Marine Fisheries Service, New Hampshire, NMFS, Northfield Mountain, Northfield Mountain Pumped Storage Station, pumped storage, right-to-know, Rock Dam, shad, shortnose sturgeon, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, The Revelator, The Society of Environmental Journalists, Turners Falls, Turners Falls dam, Turners Falls power canal, Uncategorized, US Fish & Wildlife Service, USFWS, Vermont

Endgame Looms for England’s Great River Copyright © 2020 by Karl Meyer


The impoverished Connecticut River looking downstream to Turners Falls Dam. The run stops here. Photo Copyright © 2020 by Karl Meyer All Rights Reserved. (CLICK x 3 to enlarge)

NOTE: The following piece first appeared as an Op-Ed in The Revelator, an initiative of the Center for Biological Diversity on August 26, 2020. www.therevelator.org

FURTHER NOTE: * On September 1, 2020, after this piece first appeared, FirstLight petitioned FERC for an open-ended date to extend the filing of their Final License Applications citing a need for new test data to respond to the USF&WS. If FERC agrees, that would add another 4 months and possibly another full year, to this endless process–without any long-awaited relief for a flow starved Connecticut River. It’s time for FERC to wrap this up.

After a half-century of failures, the recovery of the Connecticut River ecosystem hangs in the balance. Will authorities finally act to save it?

Rivers should not die in the dark.

On Aug. 31 FirstLight Power Resources is expected to file its final license applications with the Federal Energy Regulatory Commission to continue operating three hydro facilities profiting off massive water diversions from the Connecticut River in Massachusetts. The conditions written into FERC licenses can last up to 50 years.

These applications signal the beginning of the final chapter in determining the future of the four-state river at the heart of the Silvio O. Conte National Fish and Wildlife Refuge, founded to protect a 7.2-million-acre watershed. Their rendering will decide the future of migratory fish, river flows and a host of embattled ecosystem conditions on New England’s longest river, some running counter to laws in place since 1872.

When decisions affecting a river for decades are being made, the public has a right to know of the stakes, the players and the key decision makers. In this case the public knows little of issues potentially affecting 2.4 million people in a sprawling watershed.

One of the failed fish ladders sending all spring migrants into the Turners Falls power canal maize. Across 45 years just 5 shad in 100 have succeeded in passing the Turners Falls Dam–leaving 50 miles of spawning habitat in 3 states largely empty. Photo Copyright © 2020 by Karl Meyer All Rights Reserved.

The U.S. Fish and Wildlife Service, National Marine Fisheries Service and Massachusetts Division of Fisheries and Wildlife have been at the table in this FERC license-determining process since 2012. But three years back, all parties signed nondisclosure agreements with FirstLight — ostensibly to facilitate settlement discussions on flows, habitat, dismal fish passage and endless mortality cycles at these Massachusetts hydro sites. Those NDAs have kept these issues largely out of the media, even as initial settlement talks broke off a year and a half ago.

*Since 2012 I’ve been a FERC-recognized intervener in the relicensing process. I chose not to sign the company’s confidentiality agreement in order to preserve the right to address and highlight the critical, long-term decisions being made about the Connecticut River in a process that remains largely out of public view.

FirstLight is part of the giant Canadian investment outfit PSP Investments, which arrived in Massachusetts four years back to buy up these facilities from GDF Suez. In 2018 it quickly reregistered the facilities as limited liability tax shelters in Delaware. Regardless of their state of incorporation, the licenses they now vie for will each be subject to current federal and state environmental laws, under terms mandated by the fish agencies and FERC.

Entranceway to the “Great Falls Discovery Center” where, most days out of the year, there are literally no great falls running here at all… The sprawling rocky riverbed is an emptied bowl. Photo Copyright © 2020 by Karl Meyer.

Of more than 500 U.S. refuges, Conte is one of just three with “fish” in its name. Today hopes for the long-term protections of its fish and the river comprising its central artery rest heavily in the hands of the U.S. Fish and Wildlife Service, National Marine Fisheries Service and Massachusetts Division of Fisheries and Wildlife. They have “conditioning authority” in these relicensings — mandates to protect the life in this river system. FERC, the ultimate relicensing umpire here, is also mandated to ensure compliance with environmental laws. For the fish agencies this is their one chance to redeem some far-reaching mistakes made by their predecessors.

Forty-five years ago these agencies — operating on limited information and pursuing dreams of reprising a salmon not seen on this river since 1809 — signed agreements with different owners of these facilities. That hobbled, for generations, a four-state migratory fisheries restoration for American shad and river herring and a recovery for federally endangered shortnose sturgeon. They sanctioned the daily use of the massive river-reversing pumped storage facility still chewing through generations of migratory and resident fish today. Concurrently they left two miles of the river emptied downstream, its flow diverted into a turbine-lined power canal that all migrants must negotiate in order to access the next 50 miles of open spawning habitat. Just 5 shad in 100 have ever succeeded. Perhaps worse, the river’s only documented natural spawning habitat for the endangered shortnose sturgeon was left without life-sustaining flow.

A Tale of Two Salmon, a River Without Fish

The last wild salmon run on the Connecticut River was recorded in 1809.

Science later revealed the salmons’ end was likely a combination of warming temperatures following the unusually cold period known as the Little Ice Age coupled with modern dam building.

For 165 years there were no salmon. Then, in 1974, a single fish arrived at Holyoke Dam. Far from being a native of the Connecticut River, this was a new hybrid — a returning fish produced at one of several federal hatcheries completed five years prior. This salmon’s genes, like the genes of all the fish that would return in subsequent years, were cobbled together using salmon from several still-surviving runs in northern New England.

This past June 30 marked a different milestone on the river. It ended the first season in 46 years when not a single hatchery-derived Atlantic salmon returned past Massachusetts’ Holyoke Dam.

That unnatural history event passed with little fanfare. Its silent-spring absence marked the end of a half-century-old program that consumed hundreds of millions of dollars and ate up far too much room in a badly broken ecosystem. The U.S. Fish and Wildlife Service abandoned its hatchery program at the end of the 2012 migration season, but across its 43 years — which saw the annual release of millions of fry and smolts to tributaries in Connecticut, Massachusetts, Vermont and New Hampshire — so few adults returned that no one was ever allowed to catch one.

This second salmon ending highlights the fish agencies’ last shot at returning ancient ocean connections to the river’s still-viable, age-old runs of American shad, blueback herring and federally endangered shortnose sturgeon in three states.

All these species have been guaranteed safe passage on U.S. rivers, going back to the landmark Supreme Court decision in Holyoke Company v. Lyman in 1872. That finding centered on the dam in Holyoke, Massachusetts and held that private dam owners operating on U.S. rivers must provide for the free movement, upstream and down, of migratory fish past their facilities.

Looking west across the CT to the Holyoke Dam fish lift complex. Since 1955 it is one of the East Coast’s few fish passage successes. Photo Copyright © 2020 by Karl Meyer All Rights Reserved.

Its implementation on New England’s river is now 148 years overdue.

A River Run in Reverse

What’s ultimately at issue here is flow.

Having taken a back seat for generations, wild runs of shad, herring and sturgeon remain in desperate need of passage and consistent, exponentially increased river flow in FirstLight’s hydro-complex dominated reach. It’s literally the weight of water that matters most to FirstLight. It’s money in the bank. And where flow diversion is concerned, it’s been pretty much a free ride for companies here for the past 50 years.

The 20 miles of river backed up into Vermont and New Hampshire behind Turners Falls Dam are massively suctioned for hours at up to 15,000 cubic feet per second to fill the 4-billion-gallon reservoir above the Northfield Mountain Pumped Storage Station.

Northfield’s suction is so violent it literally reverses the Connecticut’s current for up to a mile downstream at times, erasing the essence of a living river system. The station kills everything it sucks in, from tiny fish eggs to full-size eels. In pumping mode it suctions the equivalent of 3,600 seven-bedroom mansions, each filled with the aquatic life of a river, vaporized every hour, for hours on end. Agency studies on America shad show tens of millions of eggs and larvae extinguished at Northfield annually, plus the deaths of over 2 million juvenile shad sucked in on migrations back to the sea. Five migrant species are subjected to Northfield. In all 24 species live here, most unstudied.

Warning floats on the CT at the entranceway to Northfield Mountain Pumped Storage Station’s massive subsurface suctioning site. Photo Copyright © 2020 by Karl Meyer All Rights Reserved.

Northfield’s operations are nothing like classic hydro, operating to produce virgin electricity via a dam in or adjacent to a river. It’s actually an electric appliance, built to take advantage of excess, unused megawatts produced nightly at the nearby Vermont Yankee nuclear station. Northfield burns electricity to pump water from the river a mile uphill to into its reservoir tank, which was created by blasting off the top of a mountain. The company’s original owners would buy up Vermont Yankee’s cheap electricity to power its giant, reversible turbines. Later, during peak energy times, that now-lifeless river water would get sent back through the turbines to generate hours-long pulses of energy at peak market prices.

It’s a buy-low, sell-high operation, still running at the expense of a river system six years after Vermont Yankee shut down.

Idle bulldozers sit in the emptied bed of the giant NMPS reservoir on June 27, 2010–the year they broke their giant appliance by fouling the pumps with muck and silt. Sanctioned by the EPA for a cover-up and massively dumping the muck from their mile-long intake tunnel directly into the river, Northfield didn’t operate for over half a year. Photo Copyright © 2020 by Karl Meyer. All Rights Reserved. (Click x3 to enlarge.)

Northfield is a net-loss energy machine — a giant underground appliance consuming massive amounts of grid electricity, half of it now generated by the climate-scorching natural gas that dominates New England’s power grid today. The station consumes 25% to 33% more juice than the secondhand megawatts it sends back by dumping deadened river water back through its turbines. It and a smaller pumped storage station in Connecticut are responsible for gobbling up 1.4% percent of the region’s energy in order to reproduce the few hours of secondhand juice they regenerate. According to grid operator ISO-New England, they are the only facilities whose operations flush out as negative input in the regional power mix.

Northfield has never generated a single watt of its own electricity. And though it may be fine as blunt instrument for use during the occasional power grid slump or rare emergency blackout, its endless, river-crippling, pump-and-purge cycle of regenerated megawatts is unnecessary for the daily operation of the New England grid. While its owners brag of being able to power a million homes for a few hours, they never mention having already burned through the energy of 1.25 million homes to do so. After its daily flush, Northfield is virtually dead in the water and must begin pulling from the grid and sucking life from the river all over.

Past mistakes not only allowed for this massive upstream disruption, they sanctioned diversion of nearly all flow, as well as all migrating fish, into a downstream power canal that on average just 5% of shad have ever successfully negotiated. That left another two miles of New England’s river dysfunctional, with the company providing just a dribble flow of 400 cubic feet per second in the riverbed in spring, when fish are moving upriver. That riverbed remains emptied of all flow more than half the other days of the year.

The most critical time for sustaining flows and the river’s migrants is April through June, when New England’s energy consumption is at its low annual ebb. But federal and state studies and in-river findings show that spring flows will need to be increased by a factor of 20, supplying 8,000 cfs rather than the current brook-like drizzle of 400 cfs. That’s what it will take to guide shad and blueback herring upstream in the river past Turners Falls Dam. That will also provide this river’s only endangered migrant the consistent flows required to successfully allow the shortnose sturgeon to spawn and ensure its larvae can develop in the cobbles at an ancient river pool in that impoverished reach.

Flow starved Connecticut River at the Rock Dam–critical shortnose sturgeon spawning and rearing site, May 13, 2018. Photo Copyright © 2020 by Karl Meyer All Rights Reserved.

Back in 1967, when four New England states and these agencies signed the “Statement of Intent for the Cooperative Fishery Restoration Program for the Connecticut River Basin,” they projected some 38,000 salmon would return annually to this four-state ecosystem. For salmon, a pinnacle of sorts was reached in 1981, when 592 were tallied passing Holyoke. But for a hybrid fish whose wild prototype disappeared 160 years prior, it was downhill from there. Most years fewer than 100 salmon returned to the river.

That 1967 agreement also set annual run targets of one million American shad heading upstream, with 850,000 shad passing Turners Falls and 750,000 entering Vermont and New Hampshire habitats above Vernon Dam. The highest shad return saw 720,000 passing Holyoke in 1992. Sadly, they’ve never made it much farther.

The Run Stops in Massachusetts.

Just 36 miles upstream of Holyoke, all semblance of a successful restoration ends when the annual shad run reaches Turners Falls Dam. Of the 537,000 shad that passed Holyoke in 2017, just 48,000 — a mere 9% — squeezed back into the river beyond Turners Falls.

Vernon Dam between Vernon VT and Hinsdale NH, March 2020. Photo Copyright © 2020 by Karl Meyer

The annual inversion at the next upstream dam in Vermont illustrates the perils on this broken river. In 2017 29,000 or 59% of the shad that survived the miseries of Turners Falls were subsequently counted passing Vernon Dam, 20 miles upriver. That inverted interstate ratio has been the case since 1975, with few shad managing to break out beyond the brutal ecosystem conditions in Massachusetts.

Why the Restoration Failed

The current restoration, congressionally authorized in 1967 and still operating today under the moniker of the Connecticut River Atlantic Salmon Commission, made their biggest blunder in 1975 when they signed off on new license requirements for upstream fish passage. They ultimately chose a design based on hydro project fish ladders on Washington State’s giant Columbia River, known for huge Pacific salmon runs. What got built was a three-ladder fish passage that forced all migrants out of their ancient river highway and into the byzantine maze of the company’s power canal, while leaving two miles of riverbed all but emptied of flow.

Scaled down and put in place at Turners Falls, it worked fine for the program’s few successfully returning hybrid salmon but failed immediately for 95% of the hundreds of thousands of migrating shad. No big run has ever passed that site, leaving three states without their promised bounties. Vermont and New Hampshire remain this river’s shad deserts today.

The Prescription

It’s now 2020. At this late date, corporate re-registrations can’t hide what’s legally required and a half-century overdue on New England’s river. The last opportunity to undo those festering mistakes for the Connecticut now rest in the hands of the National Marine Fisheries Service, U.S. Fish and Wildlife Service and Massachusetts Division of Fish and Wildlife. They are the people’s gatekeepers, mandated to guard the public trust — agencies with the authority to change to the generations-old crippling conditions here in Massachusetts.

Across 45 years of tracking fish runs passing upstream at successive dams on the Connecticut, shad counts have averaged 315,369 at Holyoke, 17,579 at Turners Falls, and just 9,299 at the Vernon Dam in Vermont. But recently long-term federal and state studies on passage and juvenile survival for American shad have led to new minimum benchmarks for fish passage at each dam to ensure the long-term survival of the river’s runs.

Using those findings, the Atlantic States Marine Fisheries Commission, National Marine Fisheries Service, U.S. Fish and Wildlife Service and the four states have formally adopted new Connecticut River fish passage goals. They include annual minimums of 687,000 shad passing Holyoke, 297,000 passing Turners Falls, and 227,000 at Vernon Dam annually. Those federal and state targets are now part of the public record in the current FERC relicensings. Their implementation would also ensure the endangered shortnose sturgeon gets the flows needed to begin its recovery here.

It’s time to return flow to the Connecticut River below Turners Falls. Photo Copyright © 2020 by Karl Meyer All Rights Reserved.

The time has come for facilities operating and profiting off the life of New England’s river to come into compliance with the laws of the land, including the Supreme Court’s 1872 finding in Holyoke Company v. Lyman, the Anadromous Fish Conservation Act of 1965, the Endangered Species Act of 1973 and a host of others. For the fisheries agencies charged with protecting a river’s bounty, standing up for their implementation is the sole prescription for success in a four-state restoration undertaken when back Lyndon Johnson was president.

By law, by right and by the public trust, the Connecticut River’s time has come.

Karl Meyer has been a member of the Fish & Aquatics Studies Team and an intervener in the Federal Energy Regulatory Commission relicensing process for three Massachusetts facilities on the Connecticut River since 2012. He lives in Greenfield, Massachusetts. Meyer is a member of The Society of Environmental Journalists.

* * FINAL NOTE from the author: if all this history is new and troubling to you it must be considered that: this is the only river in the Northeast with several federal designations that has remained the only major waterway without an independent and effective watchdog–one with a full legal team on staff, and a mandate to investigate, enforce, and go to court. The generations-long mistakes and brutal conditions that have existed here would’ve long ago been challenged in court had there been an effective organization protecting the integrity of this river system. If the Connecticut River is to have a future as a living ecosystem, a new model will have to come into being.

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

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

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.

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