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Connecticut River blog: source of a salmon sham; how the public can steer a river’s future

Posted by on 21 Jul 2021 | Tagged as: 5-year FERC licensing process, Brian Harrington, Catherine Carlson, climate change, Connecticut River Atlantic Salmon Commission, Connecticut River ecosystem, Connecticut River migratory fisheries restoration, Conte National Fish & Wildlife Refuge, CRASC, Daniel McKiernan, David Cameron, Donna Wieting, E-Comments, Environmental Protection Agency, EPA, Eversource, Federal Energy Regulatory Commission, federal trust fish, FERC, FERC Comments, FERC Commissioner Richard Glick, FERC Secretary Kimberly D. Bose, FirstLight, FirstLight Power, Gordon van Welie, Holyoke Co. v Lyman, ISO-NEW ENGLAND, Jesse Leddick, Julie Crocker, Kathleen Theoharides, Kimberly D. Bose, Landmark Supreme Court Decision 1872, Local Bias, MA Division of Fish and Wildlife, Massachusetts DEP, Massachusetts Division of Fish & Wildlife, National Marine Fisheries Service, National Marine Fisheries Service, New Hampshire, NMFS, NOAA, Northfield Mountain Pumped Storage Project, P-1889, P-2485, Peter Brandien, Public Comment period, Public Sector Pension Investments, Rock Dam, Sam Lovejoy, Sean McDermott, shad, shortnose sturgeon, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, Steven Mattocks, Timothy L. Timmermann, Turners Falls, US Fish & Wildlife Service, Vermont, Wendi Weber

Connecticut River blog: source of a salmon sham; how the public can steer a river’s future Copyright © 2021 by Karl Meyer

Kathleen Theoharides, Massachuetts’ Secretary of the Executive Office of Energy & Environmental Affairs before launching on a PR kayak tour of the river at FirstLight’s dock next to the intake of the Northfield Mountain Pumped Storage Project, October 2020. Photo Copyright © 2020 by Karl Meyer

NOTE: as a journalist and citizen I’ve been a participating stakeholder for nearly a decade in the ongoing Federal Energy Regulatory Commission relicensing process for the Northfield Mountain Pumped Storage Project and Turners Falls/Cabot hydro operations. In that light, I encourage people to first view the half-hour segment of Local Bias, linked below. Then, return to this post and its resource list below for ways to participate in the critical decisions now being made about the Connecticut River. They will impact its currently crippled ecosystem for generations to come.

LOCAL BIAS link: https://youtu.be/IX2Rv2NYq3s

Since 1872 the US Supreme Court has made it the law of the land that migratory fish on US Rivers are guaranteed safe upstream and downstream passage at dams and industrial river sites. That decision was centered on a Massachusetts case at the Holyoke Dam. One hundred forty-nine years later that law remains essentially unfulfilled at an endangered species’ critical spawning and nursery site on the Connecticut River at Montague, MA, as well as at the Turners Falls Dam in that town.

Further, that law remains glaringly unenforced and unimplemented at the Northfield Mountain Pumped Storage Project in Northfield MA, where the river is literally sucked into reverse, and millions of eggs and downstream running juvenile American shad are pulled to their “functional extirpation”(vacuumed to their deaths) yearly, on their way to the ocean from Vermont and New Hampshire spawning reaches. The Commonwealth of Massachusetts has now owed Vermont and New Hampshire—and really all of New England, a living river for almost exactly a century and a half.

Warning sign announcing the dangers of Northfield’s massive intake suction. Photo Copyright © 2021 by Karl Meyer

The current Canadian parent-owners of that net-loss power regeneration/resale site are proposing only an ineffective, seasonal “barrier net” at the vacuum mouth of this facility, the very ‘solution’ that leaves this monstrous sucking in place to kill all those Vermont and New Hampshire produced eggs and baby shad, crippling the prospects for returning adult shad to those states from the Atlantic four years in the future.

The donuts and coffee were on FirstLight for the state officials and representatives taking part in last October’s little PR kayak tour. Photo Copyright © 2020 by Karl Meyer

Northfield Mountain’s net-power-loss energy consumption literally swallows and squanders the entire annual energy equivalents of whole cities and counties as it ravages the Connecticut River, using it as a crushing and deadly energy relay switch.

FirstLight is applying to FERC—backed up by a power-hungry, ecosystem-and-climate-indifferent ISO-New England, for a license to kill for decades to come. Northfield Mountain wastes monstrous amounts of grid energy, while ravaging New England’s critical main ocean connection and planetary cooling artery…

Below are resources available to the public for interacting and participating with the Federal Energy Regulatory Commission in licensing decisions, and government agency officials charged with implementing the public trust on the Connecticut River.

www.karlmeyerwriting.com/blog

NOTE: the landmark US Supreme Court environmental decision centered on the Connecticut River came back in 1872 in Holyoke Company v. Lyman, requiring safe up- and down-stream protection for migratory fish.

Send public comments on relicensing of the Northfield Mountain Pumped Storage Project and Turners Falls/Cabot Hydro Stations to the Federal Energy Regulatory Commission. The “project numbers” must be included, as well as your name and address, in order to become part of the public record. They should be concise, citing specifics in a paragraph or two, noting Northfield Mountain P-2485 and Turners Falls/Cabot P-1889.

Send via www.ferc.gov, usingE-comment, with the salutation going to: “Kimberly D. Bowles, Secretary.” Those comments can also include a cc to the current chair of the Federal Energy Regulatory Commission: Richard Glick.

Decisions concerning foreign interests and use of the Connecticut River are happening at this time, and the river in Massachusetts has sat largely emptied or dead here for half a century—a situation enabled by the Commonwealth and its officials’ enduring, ugly and pointed environmental neglect.

To gain effect, letters can be cc’d to federal-and-state officials who are the vested stakeholders representing the public in the protection of the river and resources. Those publicly recorded FERC entries can also be forwarded to local newspapers and media outlets.

LIST of executives–plus officials from federal and state agencies who represent the public in protecting the Connecticut, its migratory fish, aquatic animals and habitats through their “conditioning authority” powers:

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. ISO has never acknowledged to the public that NMPS is NOT essential to the DAILY functioning of the power grid. Instead it encourages and shackles the public to those peak-priced, daily ravages as NMPS is handsomely paid to hold back several hours of reserve emergency-function megawatts for ISO’s 20th Century bulk power grid in case of a rare blackout (like the one in 2003), and also for occasional use–at scattered intervals, in controlling grid fluctuations.

ISO should have ago been curtailed as a functionary for private mega power interests. Today’s grid should already be based on distributed generation and micro-grid functions in this time of climate chaos and cyber crime. Energy and storage should be located nearest to where it is produced and used. Future linking of river-ravaging NMPS to 200-mile-distant wind turbines is wholly criminal when compressed air storage can be located close to metro/industrial coastal centers—including implementation at sites like Everett, Somerset, New Bedford, and elsewhere. That would render the system resilient, local and detachable–and rescue New England’s Connecticut River ecosystem to support generations to come across the next half century.

But, today and into the future, counter to Holyoke Co. v. Lyman, , ISO will happily sell off a US ecosystem’s daily life to foreign venture capital interests, keeping NMPS in lucrative daily play for decades into the future. The bottom line function of ISO-New England—forget ecosystems and climate, is apparently commercial first, and foremost. In their own words: to “protect the health of the region’s economy and the well-being of its people by ensuring the constant availability of competitively-priced wholesale electricity—today and for future generations.” They love to employ the term “clean”, but never elaborate on glaring incongruities, fallacies or impacts. Future generations apparently will have no need of living ecosystems, just an endless stream of “competitively-priced” energy. They NEVER mention energy CONSERVATION…

FEDERAL PUBLIC officials:

For endangered Connecticut River shortnose sturgeon, freshwater mussels, as well as American shad, blueback herring and American eel:
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 Connecticut including American shad, herring, and endangered sturgeon: Wendi Weber, US Fish & Wildlife Service Region 5, Hadley MA 01035:

E-mail: wendi_weber@usfws.gov

MASSACHUSETTS state officials:

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

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.

My FERC finding…

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

Photo credit: USGS Conte Lab

Copyright © 2019 by Karl Meyer. All Rights Reserved.

My FERC finding…

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

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

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

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

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

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

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

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

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

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

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

Copyright © 2019 by Karl Meyer

The Grinching of the Great River

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

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

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

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

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

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

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

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

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

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

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

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

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