FERC Secretary Kimberly D. Bose

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

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

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

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

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

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

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

Dear Secretary Bose,

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

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

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

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

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

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

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

Sincerely,
Karl Meyer

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

Photo Copyright © 2020, by Karl Meyer.

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

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

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

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

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

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

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

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

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

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

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

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

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

My FERC finding…

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

Photo credit: USGS Conte Lab

Copyright © 2019 by Karl Meyer. All Rights Reserved.

My FERC finding…

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

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

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

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

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

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

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

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

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

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

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

Copyright © 2019 by Karl Meyer

The Grinching of the Great River

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

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

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

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

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

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

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

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

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

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

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

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

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