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THIS GREAT AND BROKEN RIVER

Posted by on 28 Apr 2020 | Tagged as: 5-year FERC licensing process, American shad, Bellows Falls VT, blueback herring, Canada, climate-heating, Connecticut River, Connecticut River ecosystem, Connecticut River migratory fisheries restoration, ecosystem, Endangered Species Act, Federal Energy Regulatory Commission, federally-endangered shortnose sturgeon, FERC, FirstLight, FirstLight Power, Holyoke Dam, Holyoke Fish Lift, Holyoke Gas & Electric, Massachusetts Division of Fish & Wildlife, Micah Kieffer, migratory fish, National Marine Fisheries Service, New Hampshire, Northfield Mountain, Northfield Mountain Pumped Storage Project, pumped storage, Rock Dam, Rock Dam Pool, shad, shortnose sturgeon, State of Delaware, The Great Eddy, Turners Falls dam, Turners Falls power canal, US Fish & Wildlife Service, US Geological Survey's Conte Fish Lab, Vermont, Vermont Yankee

THIS GREAT AND BROKEN RIVER

Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED.

Issue # 1, First Daylight for an Embattled Run

The tiniest spark of life reentered New England’s Great River on Tuesday, April 21, 2020. According to Ken Sprankle, Connecticut River Project Leader for the US Fish & Wildlife Service, the fish lifts began operating that morning at the Holyoke Dam, 82 miles from the sea. And on that day the first two migrating American shad of the spawning season were lifted upstream.


Holyoke Dam. Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. Click x3.

I got that fragile bit of good news on Earth Day, and it was truly a bright spot in what seems a very distant and fragile time for people, ecosystems, and our beleaguered planet. And during this Covid pandemic, while our warming atmosphere is experiencing a brief respite from the particulate pummeling of jets and cars, the Connecticut is being brutalized as catch basin for all the chemicals, chlorine and antibiotics that are currently being flushing out into–and right through, our sewage treatment plants to the River… As such, the Connecticut had little to celebrate on the 50th Anniversary of Earth Day.

Nonetheless those two fish meant there would at least be some vestige of the spring run that once fed river communities for hundreds of miles along this central artery for untold centuries into the past.

It’s the public’s river, and these are the public’s fish. Those are the facts that I always keep in mind whenever I write or speak about the Connecticut. But there’s also this basic tenet for me: a river is a living system; it exists of its own right and its right to survive and thrive should thus be an unquestioned part of its existence. We humans have a moral obligation to protect the life of rivers, just as they have nourished, protected and supported the very ecosystems we’ve relied on for time immemorial.

For me, to kill a river is an immoral act. To flaunt any part of the legal framework that federal and state law has put in place protecting them is both criminal and repugnant. But maybe that’s just me…

Holyoke Dam looking toward Fish Lifts. Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. Click x3.

Now two shad aren’t much in many minds, I’ll admit. But what those two shad—likely early males meant, was that the Connecticut had actually become a living river once more. At least a part of it. That tenuous little reconnection was completed when one fat, industrial bucket of river water was pulled from the downstream side of Holyoke Dam and dumped on the upstream side. Two living, blue-green American shad swam out into 35 miles of upstream river that all downstream fish are denied access to for some six months out of every year. That’s way less than a half-living river.

But what that tiny spark meant, more than symbolically was that—on the most basic level, the Connecticut was reopened along a tiny stretch as a true river–a TWO-WAY highway where migrating and resident fish can move both upstream and down as part of this ancient ecosystem highway.

The Holyoke Dam is historic for two reasons: First, it is the barrier at the center of the 1872 landmark US Supreme Court decision in Holyoke Company v. Lyman that established that dam owners and operators must provide passage for migratory fish—both upstream, and downstream, of their barriers. Second, though imperfect and of the simplest most basic design—i.e. upstream, in-river attraction flows leading migrating fish to be corralled in a closeable, industrial bucket and lifted over the dam–those Holyoke Fish lifts have remained the most successful fish passage on the entire East Coast since 1955.

For the next few months Holyoke’s industrial buckets will facilitate a stuttering recreation of the former Connecticut as a living, 2-way river while American shad, sea lamprey, shortnose sturgeon and blueback herring attempt to access ancient spawning grounds. For many that open habitat reaches all the way to the dam between Bellows Falls VT and Walpole NH–nearly 90 miles upriver. That ancient destination, however, remains a cruel impossibility for all but a fortunate few migrants…

The Great Eddy at Bellows Falls Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. Click x 3.

Once again this spring the vast majority of those hundreds of thousands of fish passing upstream at Holyoke will be thwarted from reaching the wide open spawning habitat anywhere above the Turners Falls Dam. That dam sits just 35 miles upstream of the Holyoke lifts. It’s an easy swim for most– just a day, maybe two.

But once they approach that river reach and barrier there won’t be accommodating riverbed flows or any lifts offering suitable passage upstream. They’ll encounter vacillating, confused flows and a series of obstacle-filled fish ladders that funnel all migrants into the grim habitats of the Turners Falls power canal before any get an outside chance to squeeze past the dam itself. Most never do. Perhaps one fish in ten will succeed–leaving the next 68 miles of Connecticut River habitat impoverished and all but empty of its ancient migrants.

And for shortnose sturgeon, one of this river’s most ancient species and the only federally-endangered migrant in this ecosystem, prospects are yet more dire. With the actual riverbed in the 2 miles below Turners Falls Dam sporadically deluged and emptied of suitable natural current, these fish are all vulnerable to being again robbed of what should be an annual, slam-dunk spawning aggregation at their only documented natural spawning site in the ecosystem–the Rock Dam in Turners Falls. Another season will go by without life-giving mandated flows to this critical habitat due an absence of enforcement protection and license requirements.

Of course, that was to have changed two years back.

The Federal Energy Regulatory Commission licenses for operation of the Turners Falls/Cabot Station hydro sites and the Northfield Mountain Pumped Storage Project expired two years back on April 30, 2018. New flows and fish passage requirements should have been re-nourishing the endlessly pummeled and impoverished river in the beleaguered miles above and below Turners Falls Dam since that time. However, for the crippled run here, there is literally nothing new. Fish at Turners Falls today are almost as effectively blocked from moving upstream into Vermont, New Hampshire and northern Massachusetts waters as they were when the first dam across the Connecticut there blocked these runs beginning in 1798.

Today, the crushing suck-and-surge impacts of Northfield Mountain’s net-energy-loss, peak-price/peak-demand operations continue brutalizing the grimmest 10 miles in the entire ecosystem–cannibalizing the river’s fish runs and chewing through young-of-the-year. Pumped storage is not renewable energy, nor is it anything like the conventional river hydropower much of the public thinks it generates. Northfield Mountain consume vast amounts of virgin electricity from the grid here—most if it generated through imported natural gas, to pump the Connecticut backwards and a mile uphill. NMPS is in reality an energy consumer. It’s massive pull off the grid gets tallied in negative megawatts.

Today, the revival and protection of those long-ago, lawfully mandated runs remains stuck at Turners Falls and Northfield Mountain. The so-called FERC 5-year Integrated Licensing Process(ILP) that should have given them their two basic necessities for survival—water, and a safe, timely route upstream and down, actually began in the fall of 2012. It drags on to this day.

The day after FirstLight at long-last submits its final license application for examination to FERC–and the federal fisheries agencies with conditioning authority on the Connecticut, it will be September. September signals the beginning of the 9th year this supposed stream-lined FERC ILP has been malingering on this river system. FirstLight left off negotiations over a year ago with the US Fish & Wildlife Service, National Marine Fisheries Service, and the Massachusetts Division of Fisheries & Wildlife for required new river conditions and construction of fish lifts. There has been no movement since that time.

Any delay in the construction of a fish lift at Turners Falls, and the requirement for real, life-sustaining flows in the riverbed, benefits this recently-arrived power company. Their interest is in stakeholder and corporate profit—and this is a Canadian-owned outfit that re-registered all of these assets out of Massachusetts, chopping them into a series of tax sheltered Delaware LLCs in late-2018. FERC continues to allow FL “extensions of time” to make their license-required filings, delaying what have long-been federally required mandates for river and migratory fish protections.


The de-watered Rock Dam Pool where shortnose sturgeon attempt to spawn, just after 6:00 a.m., May 17, 2019. Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. Click x 3.

FL is now citing that restructuring as another reason for delay in submitting their “final license application” until August 31, 2020—that’s two years and four months of operating and profiting from a destructive and river de- pauperizing extended license. The current extension still requires only 400 cubic feet per second to be released into the Connecticut River bed in the spring migration season through which shad attempt to move upstream in—and embattled,federally-endangered shortnose sturgeon attempt to spawn in. That’s the equivalent of substituting a small brook for a river. Sturgeon spawning fails at the Rock Dam site most years, often caused by the abrupt ratcheting of those spring flows down to little more than that trickle.

Studies and investigations by the federal fish agencies show that a massive increase in sustained spring flows are baseline requirements for a living river here. Last year n the first week of May spring flows of some 10,000 cubit feet per second were coursing down the Connecticut’s “dead reach” here–and right through the Rock Dam pool. Shad anglers were landing fish by the dozen. On May 10, 2019, USGS Conte Lab researcher Micah Kieffer put out a research net overnight in that pool. Then next morning he found 48 federally-endangered shortnose sturgeon weighing it down—the largest aggregation ever recorded there. Kieffer continued his successful sturgeon netting through the following week, until coming up empty on Friday, May 17, 2019. He got “skunked” that day after flows through the Rock Dam reach were abruptly cut by FL to a relative trickle, exposing the cobble-lined shores of that pool where embryos and young develop.

Clearly, those 10,000 cfs flows are what are necessary to restore life to this river. They are required and long overdue—at a season when electricity demand is at some of its lowest points in the year.

The first year license extension by FERC was allowed because of the shuttering of the Vermont Yankee nuclear plant upstream. VY’s excessive, night nuclear megawatts were the grim, 40 year engine that enabled Northfield Mountain to suck the river into reverse and pump it up into a 4 billion gallon reservoir to later re-create second-hand electricity at high prices.

Now restructured, FL appears in no hurry to move ahead with new licenses. Their study results have often been delayed in being handed over to the federal fisheries agencies and study teams in this relicensing–or handed in on the very last day the process requires. They seem happy to tread water and realize profits–while NMPS’s fish-eating, net-energy loss operations continue running along, largely fueled via the imported, climate-scorching, natural gas generated electricity now bloating the grid.

The longer you don’t have to put a shovel in the ground or give this US River its flows for federally-required fish passage, the more money you keep. It’s time FERC stopped letting them off the hook. Stop stringing this process along. It’s time this river was brought into compliance with 1872’s Holyoke Company v. Lyman; it’s time to comply with the federal Endangered Species Act of 1973. It is the public’s river; these are the public’s fish.

Addendum: on Friday, April 24th, USFWS’s Ken Sprankle sent a note that the Holyoke Gas & Electric had shut down its fish lifts due to accumulating debris in its assembly. They would not operate through the weekend, and a fix would be attempted on Monday. Thus, the Connecticut became a one-way stream again anywhere above South Hadley Falls, leaving the next 88 empty miles of river still in midst of an endless vigil–awaiting the migratory runs guaranteed by the Supreme Court 148 years ago. Hopefully, for those migrating shad—and perhaps other early migrants wasting another week’s precious spawning-energy reserves while knocking on Holyoke’s door, those lifts are again operating and in full motion today.

Connecticut River shortnose sturgeon: a spectacular failure to protect

Posted by on 26 Mar 2020 | Tagged as: Christopher Chaney, Christopher Cheney, Clean Water Act, Connecticut River, Connecticut River pollution, Connecticut River riverbank failure, Connecticut River shortnose sturgeon, Dr. Boyd Kynard, Endangered Species Act, EnviroSho, Federal Energy Regulatory Commission, federally-endangered shortnose sturgeon, FERC, FirstLight, FirstLight Power Resources, Kimberly D. Bose, MA Division of Fish and Wildlife, manganese pollution, Massachusetts Division of Fish & Wildlife, National Marine Fisheries Service, NMFS, P-1889, Rock Dam, Secretary Kimberly Bose, Turners Falls, Turners Falls power canal, Uncategorized, US Fish & Wildlife Service, www.whmp.com

Connecticut River shortnose sturgeon: a spectacular failure to protect
Copyright © 2020, by Karl Meyer. All rights reserved.

Photo Copyright © 2020, by Karl Meyer (click X3 to enlarge)
Well over 4 months since I registered my October 9, 2019 Comments describing critical erosion and polluting impacts on the Connecticut River at fragile habitat at the Rock Dam in Turners Falls–the sole documented natural spawning site for the federally endangered shortnose sturgeon in this river FirstLight Power Resources received instructions from the Federal Energy Regulatory Commission’s Christopher Cheney at the Office of Hydro Compliance. On February 21, 2020, they included the following:

“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 from the dam caused erosion in the area known as the Rock Dam in the project’s bypassedreach. For us to complete our review of the of the complaint, please file the followinginformation 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.”

Here are some key points, verbatim, from my October 9, 2019 letter, including impacts on this fragile endangered-species spawning site and habitat—and addressing as well, federal and state laws and license conditions:

“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.
Photo Copyright © 2020, by Karl Meyer.

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. Photo Copyright © 2020, by Karl Meyer. (click X3 to enlarge)

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.”
Photo Copyright © 2020, by Karl Meyer (click x3 to enlarge)

FirstLight responded on March 20, 2020. They included an all-but-useless satellite shot for a federal agency that has exact information on this site, and pictures of boulder-rubble that connect directly to their dumped rubble that is currently tumbling from their ancient attempts to shore up the failing Connecticut River banks above and adjacent to the TF power canal.
This is evidence of the power company’s failure in decades past. They now attempt infer that the tumbled rocks here are the work of the public and fishermen, not the failed detritus of their ongoing neglect.

FirstLight also failed to address the requested measurements from FERC. And, as to my original complaint, they leave out any mention of manganese, the intrusions and water—and it’s leaching and crumbling connections to the Turners Falls power canal; as well as failure to protect and maintain critical shortnose sturgeon spawning habitat. Nor does FL address the ESA, Clean Water Act, and current FERC license conditions required at this site. Below are excerpts from FL’s response, and below that is a link that you may be able to use to access FirstLight’s full response to FERC:

“FirstLight cannot provide dimensions of the extent of the erosion because there is no evidence of any recent erosion in this natural river channel.”
Above photo taken March 25, 2020 w/sturgeon expert Dr. Boyd Kynard at right, on the failed banks adjacent to Rock Dam. (click X3 to enlarge) Photo Copyright © 2020, by Karl Meyer.

Further, FL states, “Photographs were taken on October 29, 2019, after the October 9, 2019 complaint letter. Note moss on the rocks located within the side channel in Photos Nos. 1 and 2, indicating the preexistenceof a wet environment. Note also a Photo No. 3 showing ~12” rocks placed across the side channel. This section of the bypass reach is frequented by the public in summer months. The rocks aligned across the side channel appear to have been placed by unknown members of the general public, possibly to form a barrier or walk path across the side channel, suggesting that the channel is frequently wetted.”

You may be able to access FirstLight’s full response to FERC by copying an pasting the link below:https://elibrary.ferc.gov/idmws/file_list.asp?accession_num=20200318-5043

You may also want to Comment directly to the Federal Energy Regulatory Commission.
Here’s how:
Go to www.ferc.gov ; then to file E-Comment; from there to Documents and Filings; then to Hydro; then to Washington DC; then paste-in P-1889 for the Project # (you must have this), then check the little X Box; then address your comments to “Secretary Kimberly D. Bose” and comment away! Make sure to include your own contact information.

AND, from FERC Hydro Compliance: Christopher.Chaney@ferc.gov

Also, you may want to contact your agency representatives negotiating on the public’s behalf in the current FERC relicensing. They will assuredly forward your message to their Department Chiefs who are responsible for the CURRENT license and river conditions and enforcement:

For the National Marine Fisheries Service: julie.crocker@noaa.gov
For US Fish & Wildlife Service: ken_sprankle@fws.gov ; melissa_grader@fws.gov
For MA Div. of Fish & Wildlife: caleb.slater@state.ma.us

There’s also your federal and state/local reps: Warren, McGovern, Comerford, etc., all represent you! And, you can write to the local media—this effects all at the ground level, and into the future.

Also, a few recent radio spots addressing this issue, below, with thanks to Bob, d.o., and Glen!

The Enviro Show

The Shortnose Sturgeon are Coming to Spawn –in THIS?

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

INSIDE A FERC LICENSING PROCESS: the Federal Energy Regulatory Commission and the State of the Connecticut River in Massachusetts

Posted by on 31 Jul 2019 | Tagged as: climate-heating, Connecticut River, Connecticut River shortnose sturgeon, Dr. John Waldman, Endangered Species Act, Federal Energy Regulatory Commission, FERC Commissioner Neil Chatterjee, MA Division of Fish and Wildlife, National Freshwater Marine Sanctuary, National Marine Fisheries Service, Northfield Mountain Pumped Storage Project, Riverkeeper, Scott Pruitt, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, Turners Falls dam, US Environmental Protection Agency, US Fish & Wildlife Service, USFWS

Inside a FERC Licensing Process: The Federal Energy Regulatory Commission and the State of the Connecticut River in Massachusetts

Copyright © 2019 by Karl Meyer All rights reserved.


The Connecticut River below Turners Falls Dam. Photo Copyright © 2019 by Karl Meyer All rights reserved. (NOTE: Click, then click twice more to enlarge.)

“River conditions miserable; relicensing progress, negligible. No end in sight.”

Note: the following is a long-form letter to Dr. John Waldman, CUNY Queens College professor of biology. John dropped a friendly note inquiring as to the state of affairs on the Connecticut River. I replied I would like get back to him in some detail, with a view toward publishing those extended thoughts. Besides his teaching, John is an award-winning author of several books. He has been a long-time advocate for the restoration of the Hudson River and its environs. We met some years back when I took him on a tour of the Connecticut River reaches I write about here. John was in the process of completing, RUNNING SILVER: Restoring Atlantic Rivers and Their Great Fish Migrations, published by Lyons Press (2013). He is an avid angler and a fierce defender of rivers.

Karl Meyer
Greenfield MA 01301 July 31, 2019

John Waldman, Professor of Biology
Queens College, CUNY
Queens, NY 11367

Hi John,

You asked me sometime back how things were going on the “mighty Connecticut?” Sorry it’s taken a while to get back to you.

As you know, the real news—as it were, is all bound up in the Federal Energy Regulatory Commission’s 5-year relicensing process for Northfield Mountain Pumped Storage Project, P-2485, and Turners Falls/Cabot Hydro Project, P-1889. That ponderous process for these tandemly-operated, peaking electric facilities, began way back in August of 2012. All the while some 10 miles of the Connecticut have been essentially strangled and broken here since 1972, when the Northfield Mountain Pumped Storage Station came on-line in concert with the now-shuttered Vermont Yankee Nuclear Plant, just upstream in Vermont. Overall, NMPS’s massive pump-and-purge water appetite impacts flows and habitat across 50 river miles in three New England states.

VY closed permanently in 2014. Instead of being pulled from daily service at that time and kept on as a reserve emergency power source for summer and winter grid-stress days, NMPS somehow has been allowed to soldier-on by importing giant surges of electricity from distant power sources, battering an ecosystem with deadly, pumped storage suction and creating artificial tides here daily, some 70 miles above the nearest reach of Long Island Sound tidal impacts at Hartford.

Of course NMPS has never produced, and will never produce, a single watt of its own virgin power. This is not renewable energy, and Northfield is not “hydro” power, as people think. It is recycled nuclear, natural gas, oil, coal, etc., power taken directly off the grid to do the unseemly work of suctioning a river backward. Pumped storage is the only category that shows up on regional power grids as turning in a negative percentage of power production. It’s a river-killing technology–a bulk power relay switch ferrying the climate-heating juice of a disastrously warming planet.

If I were to put into the fewest possible words how things are going on the mighty Connecticut it would read something like: “River conditions miserable; relicensing progress, negligible. No end in sight.”

It all seems to work in favor of the corporation—which, if you try and look beneath all the legal paperwork permutations still is ultimately parent-owned by Canada–the country, to the detriment of a four-state US river and ecosystem, and dozens of communities in Massachusetts, Vermont and New Hampshire. The biological losers, besides the citizenry, include—among others, the federally-endangered shortnose sturgeon, and federal trust species including American shad and blueback herring.

Further below you’ll find part of the asset transfer paperwork entered into this FERC relicensing record on Wednesday, July 17th, via the company’s Washington law firm, a limited legal partnership. They’ve essentially split these intimately-integrated components—Northfield Mountain Pumped Storage and Turners Falls power canal/Cabot Station, into a handful of separate limited liability companies, all now registered as corporations in the state of Delaware.

As you know, these peaking/re-peaking projects have proven major stumbling blocks to river connectivity and real anadromous/diadromous fish restoration above Holyoke Dam into wide open Vermont and New Hampshire habitats. There has long-existed fifty-miles of essentially empty and infinitely-restorable river spawning and rearing habitat for shad, lamprey, bluebacks, etc., in those New England states.

But the Connecticut is sucked into reverse for up to a mile downstream via NMPS’s monstrous water appetite. Chewing through 15,000 cubic feet per second of CT River flow for hours when pumping, it extirpates virtually all the river life it inhales—fish, eels, eggs, etc. And, in grim concert, the riverbed below Turners Falls Dam is left all but an empty bedrock relic many months out of the year—as the flow from Northfield is re-peaked into their three-mile long power canal below that dam.

Today as I write, there are three miles of exposed rocky riverbed baking in the sun in 93F degree heat. The company is actually required to only dribble 125 cubic feet per second of water into this Dead Reach from a point just below the dam. The rest is corralled for Northfield’s huge appetite and for shunting into that canal. Thus, the Connecticut River itself is essentially broken at this point. And, no nourishing, connecting flow to make it a viable river and waterway will be required again until NEXT April, at the earliest. It just sits—baking, starved of water.

During this spring’s migration season just over 7% of the 315,000 shad that passed Holyoke Dam were tallied passing Turners Falls. Those numbers do not even approach the passage numbers achieved here mid-1980s. That’s absurd.

Plus, during peak shortnose sturgeon spawning season operators inside Northfield Mountain pinched off spawning flows at the key site known as Rock Dam during a period when investigations by USGS fish biologists had demonstrated that 4 dozen of members of that federally-endangered species were present. The ancient pool at the Rock Dam site is their only documented natural spawning site in the entire river ecosystem.

This occurred during a time when the power company was conducting their own test flows to potentially move tagged American shad upstream through that water-starved Dead Reach which includes Rock Dam. I witnessed and documented the flow cuts one morning, and another federal fisheries biologist witnessed the same brutal draw-down two days later.

An email confirmed those grim impacts on those spawning sturgeon were caused by the operators 7 miles upstream inside the Northfield Mountain Mountain Pumped Storage Station, who control the Turners Falls Dam. The company has long been fully apprized during this federal relicensing process that shortnose sturgeon spawn here from mid-April past the third week of May, yet they pinched the flows shut and egg-sheltering banks were dewatered. That’s deadly. It’s what’s known as a taking under the Endangered Species Act.

Days later, a commercial rafting company was documented making repeat runs over that single, tiny rapid at the Rock Dam, while repeatedly entering onto sensitive wetland habitats on the island adjacent in rerunning those very brief joy rides.

As you know, a single instance of interference with a federally-endangered shortnose sturgeon is subject to a fine of $49,000 and possible jail time. If this was an individual citizen destroying spawning habitat and crippling reproduction–rather than a “corporate” citizen, I’m sure they would’ve ended up in court, fined, and answering to the law. I think if there was a worthy watchdog on the Connecticut, the company would have been sued, and a judgment sought. If the judgement of a taking of say 20 endangered shortnose sturgeon was rendered, at $49k per fish, we are talking serious river protection money! Here? Nada. Due diligence? Any diligence??

Alas, we really have no enforcing non-profit watchdog here on the Connecticut like you have with Riverkeeper and its battery of lawyers on the Hudson. There’s no enforcement or taking the corporations to court here on our 4-state Connecticut. That’s certainly why conditions are so miserable, despite the presence of long-settled law, the ESA and CWA statutes. No NGO teeth.

Our resident NGO did change its name a year or so back, but not its mission and mandate. And what’s always been needed here is that promise to prosecute corporations and take government agencies to court when they fail to enforce environmental mandates and do their jobs. The one we have submits lots of “comments.”

OK, they also hold a big river clean-up—offering high PR visibility for questionable corporate sponsors who have a legacy of nuclear waste left in their wake here, and they do some water quality testing. They also plant trees with grant money, and pull aquatic weeds. But, since producing several guides for boaters on the Connecticut, some of their key constituencies are the promoters of recreational and commercial paddle sports here—kayakers, rafters, canoeists.

They are pushing to get these interests portage and river access to the long-abused, critical habitats immediately below Turners Falls Dam. I have stated publicly any number of times that in a just world this tiny reach would be designated a National Freshwater Marine Sanctuary, so critical is it to this ecosystem—upstream and down.

Given the fragile biological, historical and cultural nature of those three river-miles—recreational and commercial watercraft pursuits are the absolute last pursuits that should be allowed there. But, guess what? That little NGO just entered their for-the-record “comments” into this FERC relicensing for their vision of new recreation access in that fragile reach—where over a dozen state- and federally- listed species are struggling for survival. It reads more like a marketing and development plan: new parking spaces, a trail cut onto an island for repeat runs over the tiny Rock Dam and habitat of endangered sturgeon and what may be the last place in the reach where state-endangered yellow lampmussels were documented.

I really have no idea whether they have ever looked up the definition of conservancy.

They want three or four new accesses designed for this tiny reach, as well as a road cut for emergency vehicles and a ramp-slide for watercraft. Makes you wonder who is donating to them. This is a mostly-forgotten, fragile biological gem, adjacent to a tiny backwater neighborhood of old factory double-decker homes—and you can just see it being turned into something commercialized and soulless…

It’s a damned good thing they have no actual conditioning authority in this relicensing. I think USFWS, National Marine Fisheries, MA Natural Heritage, MA Historical Commission, and several federal- and state recognized Native American tribes will be looking at this with some shock. At the very least, that NGO’s director should step down as vice chair and MA public-sector representative on the Connecticut River Atlantic Salmon Commission. It’s been two years now, but it’s more like a sycophant position for the NGO–since they get channeled grant monies through the fed and state agencies that they should be watch-dogging over. So, it’s like a cheerleading slot. Before that, the MA public sector slot on CRASC sat empty for seven years, but at least it was a do-no-harm arrangement.

They really need to look up the definition of conservancy.

Unfortunately John, that’s the state of affairs in this critical section of the Connecticut, tottering on the brink between resurrection and conservation protections, and their vision of the river as an attraction for tide of tourist-joyriders with little regard for place, or species, or the intrinsic right for a river to just live and heal; as a life giving entity in its own right. It’s merely a fun-time commodity. Sad, that we have no legal team or NGO operating under the watchdog/enforcement mode here. Lacking that bedrock necessity, a Connecticut River with monitored–and enforced, protections and life-giving flows in the future seems a highly unlikely prospect, no matter what gets written into a new license.

Unless, another organization steps into the breach–bringing consistent enforcement and a willingness to drag crimes against this ecosystem into the courtroom every time they occur. We need an every-day enforcement presence like you have on the Hudson.

Howsoever, I will say that the US Fish & Wildlife Service’s goal for Turners Falls Dam in these proceedings–after gathering research from long-range studies and examining decades of passage data, is: 75% of all the fish that pass Holyoke will be required to pass TF safely. After four decades of failed fish passage here, they appear solid on that goal being met through this relicensing. That passage, upstream and down, is required via the 1872 landmark Supreme Court decision in Holyoke Company vs. Lyman, as you know—decided exactly a century before NMPS began swallowing the Connecticut River and all manner of its migratory and resident fish. Its full impacts have never been calculated nor compensated–to even the smallest measure.

There’s one other ember of good news here: for the second year in a row a SINGLE blueback herring passed Turners Falls Dam. They hadn’t been seen here in most of a decade, though thousands used to pass back in the 1980s. It’s a federal trust species with its back against the wall. Good to see even the tiniest biological thread holding on.

The other test the power company is currently conducting–of its own volition vis-à-vis this relicensing: little swaths of mesh net have been placed in front of the massive sucking mouth of Northfield Mountain—purportedly to prevent that gaping maw from feasting on millions of tiny, young-of-year shad each spring, as well as adult American eels on their way downstream. Early YOY study results from fish agencies hinting that the reach at Northfield is the least productive of this river’s dammed sections. Wonder why??

The absolute brilliance of this “trial”, is they are going to project how effective a 1,000-plus foot net across the intake might be for decades into the future—by staking out several test panels that are about the size of high school flags in front of that giant pipe, during various sucking flows. I’m sure that’s gonna prove an effective snapshot of how a ponderous mega-net might perform for decades to come! Ludington Pumped Storage and lake trout should be the cautionary tale…

Of course, as the Federal Energy Regulatory Commission let’s this bloated process go on, ad infinitum, we may all be dead before Vermont and New Hampshire get their long-deserved shad runs, and those shortnose sturgeon–which you assisted as a reviewer in their Federal Recovery Plan, receive flows that guarantee they actually can spawn and are able to begin the slow slog toward viable species-status.

Ok, just to give you a flavor of what rights and privileges a ten dollar (yes $10.00) tax shelter sale in this key reach in a 4-state ecosystem that is part-and-parcel of the Silvio O. Conte Connecticut River National Fish & Wildlife Refuge can offer, please see the included clauses below. THEY ARE HEART-BREAKING in the midst of a 5-year FERC relicensing process that is now set to begin its 8th year, if my math is correct. We began meeting in August 2012.

And, John, the company and its consultants do not seem in any hurry to bring this process to a close. The last negotiation with conditioning federal and state fisheries agencies took place in mid-winter. Basically, the parties all stated their positions; then walked away with no further meetings scheduled. This was, of course, after they made their surprise December 20, 2018 filing to break the company up into little, Delaware-registered, llc tax silos… Some ten agencies and stakeholder interests have filed protests with FERC and been granted Intervener status, myself included.

Here is an excerpt from that conveyance document:

“In consideration of the covenants and agreements contained herein and the payment of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor, the Grantor and the Grantee hereby agree as follows:

The Grantor hereby grants, bargains, sells, and conveys to the Grantee, and its
successors and assigns, with Quitclaim Covenants, a perpetual nonexclusive right and easement for the purposes set forth below in, on, over, under, across and through the Property identified on Exhibit “A” attached hereto.

The rights and easements conferred hereby shall include, but not be limited to, the right, at any time and from time to time and without payment of damages or further consideration to:

1. Alter the level of the Connecticut River and of its tributaries to any extent by
withdrawing water from said River and returning the same water in whole or in part by
the use of structures now or hereafter forming part of the Northfield Mountain Pumped
Storage Project, FERC No. 2485;

2. Retard, accelerate, reverse, or divert the flow of said river and of said tributaries,thereby causing an increase or decrease in the percolation, seepage, or flowage of waterupon, over, and under or from the Premises described and identified in Exhibit A notwithstanding that by such percolation, seepage, or flowage damage may be caused directly or indirectly to the said Premises or to any one of them or to structures, personal property or trees or vegetation thereon;

3. To erect and maintain upon the Premises so subject suitable gauges to measure and
record the flow and level of the said river and said tributaries;

4. To enter upon said Premises for the aforesaid purposes and for the purpose of removing any trees or other vegetation which may be injured or destroyed by the flowage
aforesaid; and

5. As an incident of the foregoing, cause an increase or decrease in the flowage of water orice upon, over, or from said Premises, notwithstanding that portions thereof subject tothe aforesaid rights and easements may be washed away or added to by the action ofwater or ice and that damage may be caused thereto and to structures or vegetation thereon or adjacent thereto by flowage, seepage, percolation, erosion, accretion,interference with drainage, or otherwise.”

Northfield Mountain Pumped Storage remains today the same ecosystem killer it was when it came on line in 1972. Absent in any of these proceedings has been its grim impacts on resident fish species across 4-1/2 decades. It is both an engine and enabler of climate change, as it sucks in 34% more natural gas- and nuclear-produced juice from the grid than it ever sends back as 2nd hand, peak-priced electricity.

FYI: the weakest partner with conditioning authority in all these years has been MA Division of Fish & Wildlife—the sole agency that has had authority to reopen the current license across all these decades concerning failed fish passage. They sat on their hands, mum, while anadromous fish passage nearly disappeared above Turners Falls Dam in the first decade of this century—dropping at times to 1% or less. It all adds up to what a massive taking has occurred here in Massachusetts across the decades via the operations of Northfield Mountain and Turners Falls. Vermont and New Hampshire have been hereby impoverished as well During these relicensing hearings MA Fish & Wildlife has shown little in the way of leadership. It’s an embarrassment for this Commonwealth.

I will, however, recognize that the MA Natural Heritage people and the Dept. of Environmental Protection have shown up and been active partners in environmental safeguarding during these proceedings.

Otherwise, the federal fish and environmental agencies—the people I sit with on the Fish and Aquatics Study Team, have ultimately shown great expertise and resolve in enforcing US statutory law and long-standing environmental mandates respecting a new license. I think the US Fish & Wildlife Service and the National Marine Fisheries Service recognize their responsibilities to get it right this time—and to protect this four-state New England River for the citizens of the United States as the heart of the US Silvio O. Conte Connecticut River Fish & Wildlife Refuge. They are proving forthright and honest brokers on behalf of the citizens they work for.

As you may know, I am the only recognized stakeholder/intervener in these proceedings who has not signed one of those grim non-disclosure agreements with the company. I have thus become a conduit for nearly all the relicensing information reaching the public on several platforms in this largely unseen process.

But as I write this I begin to wonder: since these intimately intertwined projects have now become a series of new LLC outfits–are all those agencies and towns still bound by non-disclosure agreements they signed years ago with a different company? The company’s behavior in that regard has been so snake-like that it hardly seems relevant or appropriate to hold back information from the public about their river at this time. It’s been like an in-your-face demonstration of the rootlessness and stark profit motives of the new “corporate citizenship.”

And, nowhere have I heard any hint that these newly-configured, on-paper companies are interested in coming to settlement terms any time soon.

With those actions driving the parties apart, why not just move it in front of FERC rather than watching and waiting for these venture capitalists’ next power move? Every year these proceedings drag on the Connecticut River ecosystem continues to fray and fracture along these miserable miles of broken river basin. And every year the company continues to profit from FERC’s extension of the current license. In the interim they’ve participated in helping change operational parameters for pumped storage payments and participation in ISO markets. The power companies sculpt the laws that FERC imposes.

And, of course, every year they do not have to put a shovel in the ground to construct mandatory fish passage is more money in the bank for them and their venture capital investors. The bulk power grid, FERC and ISO New England are some of the key engines of our climate crisis. Only distributed generation and micro-grid reorganization—stopping us from blithely consuming the glut of imported power that fuels our massive over-consumption, will offer us a way out of this emergency. Those new, localized power configurations would also guarantee routes around the looming threat of massive cyber attacks on this behemoth of a power grid.

Something called NEPOOL, a consortium of New England corporate power producers, really wags the dog that is ISO New England. And FERC generally rubber stamps their positions. And, FERC won’t even consider ruling on any given projects’ climate impacts or GHG emission contributions to an overheating planet. Not once. Seems they’ve never met a power project they didn’t embrace.

Hell, both NEPOOL and ISO ban the media outright from their meetings. They do not provide or disclose critical information needed for the public to understand and trust the decisions made about the grid, power production, energy sources, distribution and its import in the current climate crisis. It’s all backroom stuff. One of this company’s own executives testified in Washington hearings in support of continuing to ban the media from these critical, precedent-setting, energy meetings. As stakeholders we are denied data and information on what this power company pays for the glut of grid power it imports while it sells an ecosystem down the river, offering it back in deadened, second-hand, peak-priced juice.

There is speculation from folks I know who design and install solar projects and metering that this company may not actually be paying ANYTHING at times when the power grid is so bloated with excess juice at certain times and seasons. Bulk power producers pay to have it taken off their hands in what’s called “negative pricing”. How much money are they making? How much of a free ride is this boondoggle getting? Just a year and a half back the Federal Energy Regulatory Commission’s current chair Neil Chatterjee and now-disgraced former EPA chief Scott Pruitt made an all-but-secret visit to Northfield Mountain. No media; no witnesses. What does that tell you?

But then it’s always been pretty much at free ride at Northfield, having never paid for nearly a half century of unmeasured annual fisheries carnage. That’s been a taking on a massive scale: federal-trust migratory—and, resident fish, both.

The public really has no idea that this contraption can really only regenerate a few HOURS of dense, second hand juice, after which it is literally and completely dead in the water—and has to start hoovering-up endless juice from the grid once more, while sucking all manner of aquatic life through its deadly turbines. Its profits–and purchase price mechanisms are all shielded from the public in this FERC/ISO/NEPOOL process. It’s is an abomination of democracy.

Reregulating the energy market here presents the only open path to realigning our energy production, distribution and use with societal needs in the face of a climate crisis reaching a critical precipice. However, our governor here seems quite happy to farm-out our climate responsibilities and import-in massive amounts of what are termed green megawatts. Huge build-outs going on in Boston and elsewhere–casinos, luxury high-rise condos, giant, energy- sucking marijuana grow-houses. It’s all sleight of hand. Robbing Peter to pay Paul.

Rivers are the cooling arteries of this planet, and the Connecticut is the heart of an ecosystem stretching from the Quebec border to the estuary at Long Island Sound.

History will remember the inaction and misrepresentation of these corporate rogues and complicit bureaucrats in our time of climate crisis. Seems obvious that none of them have granddaughters or grandsons they worry for, in the draconian future they are helping engineer…

Well John, that’s plenty enough cheer from here.

BTW, how are things over on the mighty Hudson??

All best,
Karl

FISH NEED WATER, BUT NONE MORE THAN THIS SPECIES ON THE BRINK

Posted by on 28 May 2019 | Tagged as: Bob Flaherty, Connecticut River Refuge, Connecticut River shortnose sturgeon, Dead Reach, Endangered Species Act, Federal Recovery Plan, federally-endangered shortnose sturgeon, FERC license, National Marine Fisheries Service, NOAA, Northfield Mountain Pumped Storage Station, Turners Falls dam, WHMP

FISH NEED WATER, BUT NONE MORE THAN THIS SPECIES ON THE BRINK
Copyright © 2019 by Karl Meyer

Photo above is of the starved Connecticut River at the Rock Dam on May 13, 2018. Photo Copyright © 2018 by Karl Meyer. All Rights Reserved. (CLICK, THEN CLICK TWICE MORE TO ENLARGE)

Simple recovery Rx for the federally-endangered shortnose sturgeon at its ancient spawning grounds: enforce uninterrupted spring flows (April – June) in the Connecticut River’s 3-mile long Dead Reach in Turners Falls.

Most years, spawning fails for this 100 million year-old fish, as flows are diverted out of the riverbed through manipulations of the flood gates at Turners Falls dam–operated from the control room inside the Northfield Mountain Pumped Storage Station, located five miles upstream.

The following links to a podcast from a River Report with Bob Flaherty that originally aired on WHMP in mid-May.

https://whmp.com/morning-news/a-federally-endangered-fish-may-finally-get-justice/

Why no FISH?, STILL???

Posted by on 30 Apr 2019 | Tagged as: American shad, Atlantic salmon, Bellows Falls Fishway, blueback herring, Connecticut River, Connecticut River Atlantic Salmon Commission, Connecticut River migratory fisheries restoration, Connecticut River Watershed Council, CRASC, Daily Hampshire Gazette, Dr. Boyd Kynard, Federal Energy Regulatory Commission, federal trust fish, FERC, FirstLight, Gary Sanderson, Greenfield Recorder, Holyoke Fish Lift, MA Division of Fish and Wildlife, Montague Reporter, National Marine Fisheries Service, National Marine Fisheries Service, NOAA, Northfield Mountain, Northfield Mountain Pumped Storage Station, Public Law 98-138, Rock Dam, shad, shortnose sturgeon, The Greenfield Recorder, The Recorder, Turners Falls, Turners Falls power canal, Uncategorized, US Fish & Wildlife Service, US Geological Survey's Conte Fish Lab, Vernon Dam Fishway

The disastrously-emptied Northfield Mountain Pumped Storage Reservoir, June 27, 2010. (CLICK, then Click several times more for FULLEST VIEW) Copyright © 2019 by Karl Meyer. All Rights Reserved.

WHY no FISH…
All photos and text Copyright © 2019 by Karl Meyer. All Rights Reserved.

By clicking on the blue link WHY no FISH… above, and then clicking it again on the following page, you will open an old PowerPoint presentation that I gave to the Pioneer Valley Chapter of Trout Unlimited in Holyoke in December 2010. It will take several minutes to load, but is then largely self-explanatory, with text available below photos, or by clicking the text tab.

On April 30, 2010 I embarked on a journey to the mouth of the Connecticut River by bicycle, to document the grim crippling of the river and its shad runs due to the lack of enforcement and engagement of fisheries agencies and river organizations. At the time, they were all still cheerleaders for a failed salmon program, ignoring the stark facts of the impacts of the Northfield Mountain Pumped Storage Project on American shad and federally endangered shortnose sturgeon.

At the time I was doing part-time work at the Connecticut River Watershed Council, but quit out of frustration and disappointment just a few months after.

Notably, just a year later, the US Fish & Wildlife Service cancelled its long-failed salmon hatchery and “restoration” program on the Connecticut. A year after that, the river conversation became about the impacts of flows in the Dead Reach of the Connecticut, and Dr. Boyd Kynard’s groundbreaking book focusing on federally endangered shortnose sturgeon at the Rock Dam was released–though only following an unconscionable 3-month embargo of his research data by the US Geological Service.

Nearly a decade later, Northfield Mountain remains the Connecticut River ecosystem’s deadliest machine, directly impacting riverine life and migratory fish abundance in three states.

The Connecticut River now has TWO “conservancies”, but not a single NGO that makes any claims for ENFORCEMENT being a chief (or really ANY) component of their mandate. And ENFORCEMENT is a requisite for any true ecosystem restoration and river protection outfit that means to carry out its mission. This is a four-state ecosystem without a legal team. The Connecticut remains a river unprotected.

Justice for New England’s Embattled River

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


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

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

Copyright © 2019 by Karl Meyer. All Rights Reserved.

Justice for New England’s Embattled River

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

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

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

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

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

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

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

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

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

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

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

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

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

Karl Meyer: Connecticut River dam owners pulling a fast one

CONNECTICUT RIVER ALERT: FERC deadline looms

Posted by on 24 Jan 2019 | Tagged as: Canada, Connecticut River ecosystem, Connecticut River Refuge, Connecticut River shortnose sturgeon, Conservation Law Foundation, Endangere Species Act, Federal Energy Regulatory Commission, Federal Recovery Plan, federal trust fish, FERC, FERC Commissioner Neil Chatterjee, FERC licensing process, First Light Hydro Generating Company, FirstLight, Greenfield Community Television, ISO New England, MA Division of Fish and Wildlife, Maura Healey, Natalie Blais, National Marine Fisheries Service, National Marine Fisheries Service, NMFS, Northfield Mountain, Northfield Mountain Pumped Storage Project, Paul Mark, Public Comment period, public trust, Rock Dam, shad, Treasury Board of Canada, Turners Falls dam, USFWS, Vermont, Vermont Yankee, Yankee Rowe Nuclear Plant

While federal fisheries stakeholders from the US Fish & Wildlife Service and National Marine Fisheries Service are shut out of the FERC relicensing process by the government shutdown, Canada-owned FirstLight Hydro Generating Company has maneuvered to split its assets on the Connecticut River. This is a slick move, and a punch in the gut to all that have been working in good faith on the understanding throughout–since 2012,that these long-co-run plants were to be covered by a single new license: per the power company’s standing, 5 year-old request.

Copy and paste link directly below to see a half hour on this suspect 12th hour maneuver, filmed for later airing on Greenfield Community Television.

NOTE: FERC has extended the COMMENT, PROTEST, and INTERVENTION deadline for Stakeholder to file Motions with them until February 8, 2019. Go back to www.karlmeyerwriting.com/blog and see second blog post following this on this one on how to submit at FERC.gov on Ecomments.

“Clean, renewable” labels don’t apply

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

Copyright © 2018 by Karl Meyer All Rights Reserved.

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

TERMS OF ENTRAINMENT: a Connecticut River History


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

END

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

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