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Of Book Bans, Journalism and Shortnose Stout

Posted by on 06 Mar 2021 | Tagged as: Alden Booth, Andrew Fisk, Barnaby Watten, Bob Flaherty, Clean Water Act, Congressman John Olver, Connecticut River, Connecticut River Conservancy, Connecticut River shortnose sturgeon, critical habitat, Dr. Boyd Kynard, Endangered Species Act, Federal Energy Regulatory Commission, federally-endangered Connecticut River shortnose sturgeion, FERC, FirstLight Power, Fish and Aquatics Study Team, journalism, MA Division of Fish and Wildlife, Monte Belmonte, National Marine Fisheries Service, National Marine Fisheries Service, Northfield Mountain Pumped Storage Project, Rock Dam, Rock Dam Pool, Shortnose Stout, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, The People's Pint, Turners Falls dam, Turners Falls power canal, Uncategorized, US Fish & Wildlife Service, US Geological Survey's Conte Fish Lab, WHMP, WRSI

Of Book Bans, Journalism and Shortnose Stout: a brief history of science, censorship and the short, noble life of a beer created to help stop corporate abuse on the Connecticut River Copyright © 2021 by Karl Meyer

(NOTE: for a WHMP podcast with Host Bob Flaherty related to this story go here: https://whmp.com/morning-news/sturgeon-stout-has-come-gone-but-the-harm-to-the-sturgeons-spawning-ground-continues/ )

A red slurry enters the Connecticut at the Rock Dam

Nearly a decade back retired federal fisheries biologist Dr. Boyd Kynard was putting the finishing touches on a book entitled Life History and Behaviour of Connecticut River Shortnose and Other Sturgeons. It was a compilation of sturgeon research conducted by federal biologists and university researchers—largely based locally on the Connecticut River shortnose sturgeon. Its findings described the shortnose sturgeon’s life history and habitat needs on the river from below Holyoke Dam, all the way to a spawning site known as the Rock Dam. The ancient Rock Dam site is just a few hundred yards from the USGS Conte Lab in Turners Falls where Kynard had spent a chunk of his career.

The sturgeon book authored by Kynard et al

Just as Kynard’s book was going to print in Germany, published by the World Sturgeon Conservation Society, Boyd Kynard and Harold Rosenthal, its editors, received word from the US Geological Service that two chapters of the book were being “recalled” for “editorial” reasons, and all publication would need to be halted in the United States and abroad. The reasons given were rather murky at the time—some were vague stylistic preferences. Kynard immediately smelled a rat. He believed that the two chapters thrown into question were being stymied because they used the term “river regulation” as a key factor in the spawning failure of the shortnose sturgeon here—the only federally endangered migratory fish in the Connecticut River system and one that spawned on the doorstep of the USGS Conte Lab.

The term river regulation was accurate, precise and descriptive. It referred to conditions created when the power company, just upstream, either inundated or starved the bed of the Connecticut River via operation of its Turners Falls Dam. The dam is operated in response to the massive river disruption created when the Northfield Mountain Pumped Storage Station, a giant, net-loss energy contraption just upstream, either suctioned or spewed huge pulses of water in and out of the riverbed. This grim industrial model literally cripples the ancient flows of this ecosystem, killing millions of fish outright, while creating spawning conditions for shortnose sturgeon that cause spawning failure most years at Rock Dam. The Rock Dam, confirmed by Kynard’s research, is the only documented natural spawning site on the river. It appeared the USGS did not want something put in print that directly stated those facts—one that led straight back to the actions of a corporation.

As a journalist I’d already spent many hours with Boyd Kynard, asking questions about sturgeon, shad, and river conditions. We’d had many a fine discussion over breakfast and coffee, often lasting two hours and more. The idea that the book’s information was being embargoed, censored, really hit a sour note about free speech, freedom of information and interfering with the facts and data of research science. Along with Dr. Kynard, several of the ten co-authors of the book’s chapters from various labs and universities cried foul.

The US Geological Service actually caused the book’s publication to be banned for a brief time in Europe, but the publishers ultimately decided they would not be bowed by the politics of a foreign federal agency. They resumed printing and selling the book. Here in the United State, USGS held tight to their recall and vague objections to the book’s science. Compiled and written by Kynard and fellow researchers, The Life History and Behaviour of Connecticut River Shortnose and Other Sturgeons was essentially banned—with no schedule for those USGS’s loose objections to be resolved. Months passed as the silencing of federal and state research science and the work of those authors, continued.

What ultimately broke the ban was journalism. I interviewed Kynard. Then I attempted to interview his long-time assistant and fellow researcher Micah Kieffer, who still worked at the USGS Conte Lab. Kieffer was not allowed to speak with me. In fact, that spring he was unceremoniously taken off sturgeon research altogether, and sent upriver to work on studies of trout—far from his area of expertise. Ultimately, I was able to get Barnaby Watten, Branch Chief at Conte Lab on the record. Not surprisingly, he could provide no clear reason why USGS was recalling and withholding Kynard and Kieffer’s Chapters 1 and 3. After that I tracked down the USGS editor, who it turned out, had no experience in shortnose sturgeon biology. It all went into my developing story for the Daily Hampshire Gazette.

But what ultimately broke the embargo was my chat with an aide to Congressman John Olver—noting to him that a group of federal and university researchers had all signed a letter to his boss, decrying the silencing of federal and university research. In short, they claimed censorship by USGS. Free speech protections, university science and the public’s right to know were being thwarted by a federal agency. Once this was brought to the attention of John Olver’s office I was quickly informed that Dr. Olver, a former UMass professor, fully intended to “look into the matter.”

The next day I brought that bit of information back to Barnaby Watten at USGS, asking for a reaction. This was a Friday. And, with just that bit of inquiry on behalf of the public’s right to know, the federal embargo on the government and university science contained in Life History and Behaviour of Connecticut River Shortnose and Other Sturgeons, quickly evaporated. By the weekend, Dr. Kynard was signing and delivering copies of a book that was the product of his nearly 20 years of federal sturgeon research. My Gazette article appeared sometime the following week.

What made it so creepy—the recall and ban, was that it was coming on the heels of the beginning of the relicensing process for the Turners Falls Dam and Turners Falls Power Canal, and the giant Northfield Mountain Pumped Storage Station, 7 miles upriver. The corporate owners of that spawning-crippling “river regulation” lived right nearby. The land USGS Conte Lab sat on was owned by the power company. Hard not to contemplate a corporate connection.

Anyway, that fall, 2012, I began taking part as a participating stakeholder and member of the Fish and Aquatics Studies Team in the Federal Energy Regulatory Relicensing process for those facilities. I had a lot of science and writing experience pertaining to fish, dam, and river issues, and also had worked for both the power company and the watershed council previously. It was a pretty thorough bit of starter knowledge that I could make use of. I knew where the bodies were buried, where culpability for the abuse and failures in habitat protection lay.

Funny thing though, when the state and federal fish agencies, assorted stakeholders and the power company, FirstLight, sat down to discuss river studies and information needed to create new river conditions in a new license, very little mention was being made of shortnose sturgeon, the sole endangered species trying to spawn right in the heart of these relicense settings.

Frustrated, as deadlines loomed for the outlines of that spring’s fish migration studies were being discussed—all largely without anyone talking “sturgeon”, I phoned Dr. Kynard. In light of the seeming “third rail” absence of discussion about needed flows for sturgeon spawning, I asked him to release permission for me to use and enter Chapters 1 and 3 into the federal record of the relicensing. Boyd complied, and I quickly put all that science into the record so it would have standing. I also intervened later that spring when some test flows into the riverbed suggested by the power company were so low that they were guaranteed to interfere with sturgeon spawning. I won a change in the spring study flows–they didn’t get to low-ball the river’s only endangered migrants that year.

Shortnose Stout: a noble public information idea that ultimately went sideways; then belly up

Still, as time went on there just seemed to be only a smattering of lip service at the company/stakeholder meeting tables involving river flows and fish studies that mentioned shortnose sturgeon. It was remarkably, eerily quiet on that count. One day over a coffee meeting where I was downloading more long-term fisheries knowledge from Dr. Kynard, I told him that I had an idea for a beer, Shortnose Stout. I promised him I would find a producer for it, to help get the word out about sturgeon flows to the public. That effort would take many more months, but when out cycling one warm day I bumped into Alden Booth, owner of The People’s Pint in Greenfield. I told him I had this great idea for a beer name and marketing concept to help create change for an amazing–and amazingly ignored fish. He came on board pretty quick.

Over the winter things began to brewing. The Pint came up with a fine label, a Shortnose sturgeon backlit by a full sturgeon moon. I came up with the text, describing both the beer and the biological plight of the sturgeon at its spawning site, the Rock Dam—while pointing the public to the science featured on Kynard’s website. This was all volunteer work for me, done in the name of giving a voice to the river and this embattled fish.

The brand I created; my text, and Dr. Kynard’s website link.

The beer debuted on St. Patrick’s Day at The People’s Pint, and created quite a buzz. Meanwhile, Alden Booth had asked me whether there wasn’t a group that could be targeted to benefit from the sale of Shortnose Stout. I told him that I really didn’t see anyone doing any worthy river protection in light of this endangered fish’s plight. Nobody had taken up that fight. There was no one that deserved either praise or reward in the sturgeon’s name. So, it was let go at that.

The following spring, despite the Endangered Species Act, the published book, the science, and a year of Shortnose Stout, no one was standing up to the sturgeon miseries STILL occurring at the Rock Dam spawning site in the midst of federal negotiations. There was no action, nothing stated from Mass. Fish and Wildlife, US Fish and Wildlife Service, or National Marine Fisheries about stepping in at this critical time, and no USGS work to track spawning success at Rock Dam.

I did learn from The Pint’s Booth that the popular stout was going to be brewed again in March. But where I again would’ve noted that none were worthy of having stood up for sturgeon, I was informed that the Connecticut River Watershed Council was stepping up to collect funds in the name of the Shortnose sturgeon. With that I simply declined the invitation to be at that spring’s St. Patrick’s Day debut of a new batch of Shortnose Stout. Dr. Kynard did attend, and on the invitee list was also Dr. Andy Fisk, newly arrived director of the Connecticut River Watershed Council–happy to step in front of a camera.

Fisk had recently been pictured in The Greenfield Recorder, holding a bottle of Shortnose Stout on a bridge above the Connecticut. Any self-respecting shortnose sturgeon would tell you that the only site worthy of getting a photograph taken for your hard, hard work protecting this species would have required you to pose at the Rock Dam–the grimly embattled site that remains this river’s ugliest, most pointedly-ignored and undefended critical biological habitat on the entire river. The Watershed Council collected the profits and accolades in the name of the shortnose, while the actual fish remained undefended and under siege for yet another spawning season at Rock Dam. It’s great PR associating with an endangered species though.

I believe that was the final year Shortnose Stout was brewed. It was a shame such an opportunity for action was squandered. The miseries for this river’s federal and state endangered shortnose sturgeon remain today exactly as they were nearly a decade back, when a federal agency quickly stepped in and placed an embargo on a book written by researchers doing public research in the public’s interest, conducted at their own federal facilities.

The watershed council has since changed its name to “conservancy,” but in all its 69 years has never brought on board any legal staff, or adopted a mission to investigate, enforce, and prosecute—the basic things necessary to lay claim to protecting a river and endangered species.

The Connecticut River Shortnose sturgeon will arrive back at its ancient Rock Dam spawning site in just five weeks. There the riverbanks have been collapsing and failing, oozing a grim orange puss that feeds directly into their cobbled spawning pool home. The Rock Dam’s critical habitat becomes more debased, embattled and ignored with each passing season. Year after year, decade upon decade, there is no more disgraceful biological habitat—on this river, at the heart of the Connecticut River National Fish and Wildlife Refuge, on the doorstep of the USGS Conte Lab, just across the river from Greenfield, home to the Connecticut River Conservancy, than the ancient Rock Dam pool on New England’s Great River.


The Connecticut River’s Rock Dam spawning pool today. Shortnose sturgeon will be returning to this grim and undefended spawning habitat 5 weeks from today.

In the end, nobody walked the walk. No one stepped up; no one deserved to profit from the sale of a beer named to honor and protect a river and a magnificent and embattled ancient fish.

Here in Massachusetts on the Connecticut River during a critical and endless FERC relicensing process the only apparent player playing for keeps is FirstLight Power–the Canadian-owned, Delaware-registered, recently-arrived operators of these river-crippling facilities. Their shareholders are delighted, I’m sure.

What will our grandchildren have to say about what we failed to do here?.

(**NOTE: for further information related to this story listen to the following podcast with Host Monte Belmonte from WRSI, The River. https://wrsi.com/monte/saving-rock-dam-from-damnation/

NEW ENGLAND’S GREAT RIVER AND THE RIGHTS OF NATURE

Posted by on 25 Jan 2021 | Tagged as: Connecticut River, Connecticut River ecosystem, Connecticut River pollution, Connecticut River shortnose sturgeon, Federal Energy Regulatory Commission, federally-endangered shortnose sturgeon, FERC, FirstLight, IS IT CLEAN?, Northfield Mountain Pumped Storage Project, The Greenfield Recorder, Turners Falls power canal

NEW ENGLAND’S GREAT RIVER AND THE RIGHTS OF NATURE

NOTE: Grim red soup entering the Connecticut at the Rock Dam from FirstLight’s failing riverbanks December 22, 2020. This is the most biologically important endangered species site in the entire ecosystem, as well as one of longstanding cultural and historic import. Photo Copyright © 2021 by Karl Meyer

NEW ENGLAND’S GREAT RIVER AND THE RIGHTS OF NATURE from The Greenfield Recorder January 4, 2021

NOTE: Randy Kehler was kind enough to honor my work with several mentions in the essay below. More importantly, he makes his own eloquent statements about the inherent dignity and right to life of New England’s river–as well as highlighting the decades of abject failures to act from river groups who’ve long-claimed public trust ownership for the river’s safeguarding and have miserably failed to act in its behalf. Please see Randy Kehler’s text below, followed by my Recorder essay it refers to from December 12, 2020.

The weekend Recorder of Dec. 12 featured yet another passionate, well-documented“My Turn” essay by Karl Meyer (“The selling of New England’s River”) about the ongoing destructive impact on the Connecticut River’s animals (especially fish) and plants —and on the river itself —of the Turners Falls and Northfield Mountain hydro-electric facilities owned and operated by the Canada-based First Light Corporation, a “Canadian-owned, subsidiary of venture capital giant PSP Investments.”

Prompted by Karl’s essay, I ask myself why little or nothing (certainly nothing effective) continues to be done to protect “New England’s River” — surely the most prominent and precious natural feature of this region —and stop this ongoing desecration that Karl describes. Where are the citizen lobby efforts, the educational campaigns, the petitions,the protests, the acts of nonviolent civil disobedience that have successfully challenged other corporate assaults on our local and regional environment (e.g., local tri-state opposition to the Entergy Corporation’s radioactive Vermont Yankee “nuke” and, more recently, Western Massachusetts towns’ united opposition to the Kinder Morgan Corporation’s natural gas pipeline project)? In short, why are we putting up with the continuing abuse of “New England’s River”?

Perhaps we need to join the growing movement called the “Global Alliance for the Rights of Nature (GARN)” that’s taking hold in countries around the world and in various communities here in the U.S., a movement that recognizes that our ecosystem—including animals, forests, oceans, rivers, mountains, etc. —have god-given rights just as human beings have god-given rights. Both Ecuador and Bolivia, at the initiative of their indigenous populations, have recently amended their constitutions to include the “Rights of Nature,” thus guaranteeing legal protections for rain forests and other natural features under assault from corporate exploitation.

Similar efforts are underway in other parts of the globe, and in a growing number of communities here in the U.S. The “Rights of Nature” concept doesn’t deny the rights of humans; it’s about balancing what is good for human beings with what is good for other species, and what is good for the earth as a whole. It’s based on the holistic recognition that all life forms on our planet, human and non-human, are deeply intertwined and dependent on each other —a recognition the lack (or denial) of which has clearly given rise to the escalating global climate crisis bearing down on us today with increasingly destructive force.

According to the “Rights of Nature” website (www.theRightsOfNature.org): “Rather than treating nature as property under the law, Rights of Nature acknowledges that nature in all its life forms has the right to exist, persist, maintain and regenerate its vital cycles. And we —the people —have the legal authority and responsibility to enforce these rights on behalf of ecosystems. The ecosystem itself can be named as the injured party, with its own ‘legal standing’ rights, in cases alleging rights violations. “By recognizing rights of nature in its constitution, Ecuador—and a growing number of communities in the United States —are basing their environmental protection systems on the premise that nature has inalienable rights, just as humans do.

This premise is a radical but natural departure from the assumption that nature is ‘property ’ under the law.”
For indigenous cultures around the world, recognizing the rights of nature is simply recognizing reality, a reality consistent with their traditions of living in harmony with nature. All life, including human life, is deeply connected. Decisions and values are based on what is good for the whole.
Nonetheless, for millennia legal systems around the world have treated land and nature as “property. ” Laws and contracts are written to protect the property rights of individuals, corporations and other legal entities. As such environmental protection laws actually legalize environmental harm by regulating how much pollution or destruction of nature can occur within the law. Under such law, nature and all of its non-human elements have no standing.”

Passing far-reaching new laws, let alone amending constitutions at the state or federal levels, is bound to be a time-consuming effort. But there’s no reason why in the meantime we can’t start practicing the “Rights of Nature” as a “community ethic” right now —focusing first and foremost on the right of “New England’s River” to be respected and protected. Our planet Earth is rightfully regarded as our “mother ” —“Mother Earth.” By the same token, the Connecticut River should rightfully be regarded as New England’s “Mother River”—and thus honored and protected. Thank you, Karl Meyer, for repeatedly sounding the alarm and awakening us to this reality.

Randy Kehler and his wife Betsy Corner, after 40-plus years in Colrain, have recently moved to Shelburne Falls.

THE SELLING OF NEW ENGLAND’S RIVER

NOTE: Part of the failing riverbank leakage of the grim pollution entering the shortnose sturgeon spawning pool at Rock Dam and the Connecticut at the FirstLight site on January 10, 2021. Photo Copyright © 2021 by Karl Meyer

THE SELLING OF NEW ENGLAND’S RIVER from The Greenfield Recorder 12/12/2020

By KARL MEYER

On Nov. 12 FirstLight and broker Energy New England sent out a paid press release with a Twitter link on Businesswire: “21 New England Municipal Electric Utilities Commit to Historic Purchase of Clean Power From First-Light Through ENE.” Formatted like news, it hyped agreements —overwhelmingly to eastern Massachusetts towns, for future electricity exports. It boasted big complex numbers, long-term megawatts and clean, renewable hydropower sales to towns 100 miles from the source. Factually, if all that hyped power was directed to the coastal town of Hingham (pop. circa 23,000) on that list, all 20 others, including tiny outliers in Vermont and Rhode Island, would be left in the dark.

FirstLight never mentioned it hadn’t secured a long-term license for diverting flows from the public’s Connecticut River to produce future electricity. That remains many months in the future. On Nov. 12 it hadn’t even submitted a final application to the Federal Energy Regulatory
Commission (FERC) requesting the privilege. The AP picked up that release, though it flagged it as paid content. It spiraled all over the web looking like reporting. What further blurred the perception line between the public press and private interests was state Rep. Tom Golden, chair of the Commonwealth’s Joint Committee on Telecommunications, Utilities, and Energy. He’s quoted in that paid release touting FirstLight’s export deal as representing the “significant
expansion of their procurement of renewable and carbon-free electricity, produced right here in Massachusetts.” This was odd corporate coziness amidst a FERC relicensing. Was a fix in?

This Dec. 5, a headline under “Staff Report” ran in the Recorder: “Public power entities in three states commit to clean energy purchase from FirstLight.” As reporting, it appeared much like a recycling of that paid press release —but now with quotes from First-Light’s website. For federal and state agencies working within the FERC licensing process these last eight years on flows to restore a river massively exploited by Turners Falls and Northfield Mountain facilities for half a century that deal was a slap in the face. Over 18 months ago FirstLight exited settlement negotiations with those agencies over flows —yet here was FirstLight cutting eastern Massachusetts deals for over 40% of the generating capacity of their river-gorging diversions.

It echoed a grim 1970s plan to plunder more of the river’s aquatic life. The Metropolitan District Commission and NU-WMECO planned to use the Northfield Mountain Pumped Storage project as a spigot to supplement over consumption of local water supplies and freshwater tables in eastern Massachusetts towns —even as their municipal systems were leaking like sieves.
Billions of gallons the Connecticut’s flow would be sucked into NMPS’s giant, fish-killing apparatus and piped east to the Quabbin Reservoir, then to metro Boston. But the Conservation Law Foundation’s Alexandra Dawson, Massachusetts Audubon’s Robie Hubley and conservationist Terry Blunt organized public meetings and spoke to reporters. They thwarted that scheme —in work that ultimately morphed into the MA Interbasin Transfer Act of 1983. It prevents exporting flows out of one river basin to service distant towns in another—until overuse, leaks and local supply measures are all implemented. It lets rivers live.

FirstLight is the latest exploiter of New England’s river here. Since2001 that’s included NU-WMECO, Northeast Generation Services, Energy Capital Partners, GDF-Suez, Engie, PSP Investments, and First-Light. Rep. Golden didn’t mention FirstLight is a Canadian-owned subsidiary of venture capital giant PSP Investments, who arrived four years ago to buy up the grimmest, ecosystem crippling machinery on the entire 410-mile river. Their investment scheme now twists 350 miles south before heading back to Canada. In December 2018 they pulled their facilities from commonwealth rolls and registered them as Delaware LLC tax shelters.

FirstLight’s deals occurred while the U.S. Fish & Wildlife, National Marine Fisheries Service, and Massachusetts Fish & Wildlife were all kept in the dark. Today they remain muzzled from accessing the media about relicensing specifics —due to confidentiality agreements First-Light demanded years back to allow participation in now long-stalled settlement talks. FirstLight’s facilities are key factors in spawning failure for the federally endangered shortnose sturgeon. Its failing river banks, just 100 yards from the power canal, continue eroding into critical river habitat today.

FirstLight Vice President Thomas Kaslow testified in Washington to continue banning media access to the meetings of NEPOOL—the monopoly-dominated New England Power Producers association that steers ISO —New England. They’re no friend of a free press. New Englanders are due facts about how FirstLight’s diversions and massive fish-devouring pumped storage machine stunt and obliterate the life of a four-state ecosystem and how they’ll end that year-round carnage before any FERC licenses get issued.

Karl Meyer, a Greenfield resident, has served on the Fish and Aquatics Studies Team in the Federal Energy Regulatory Commission’s relicensing process for river facilities here since 2012. He is a member of the Society of Environmental Journalists.

A Connecticut River return to the bad old days?

Posted by on 18 Oct 2020 | Tagged as: American shad, Cabot Woods, Clean Water Act, Connecticut River, Connecticut River Conservancy, Connecticut River riverbank failure, Connecticut River shortnose sturgeon, Endangered Species Act, Eversource, Farmington River, Federal Energy Regulatory Commission, federally-endangered shortnose sturgeon, FirstLight, FirstLight Power, Greenfield Community College, Northeast Utilities, Northfield Mountain Pumped Storage Project, pumped storage, Relicensing, Rock Dam, Rock Dam Pool, Society of Environmental Journalists, Source to Sea Cleanup, The Recorder, The Revelator, Turners Falls, Turners Falls dam, Turners Falls power canal, Uncategorized, US Geological Survey's Conte Fish Lab, Vermont Digger, Vernon Dam Fishway

The riverbanks at Rock Dam
Photo
Copyright © 2020 by Karl Meyer

Note: the following piece appeared recently in VTDigger, www.vtdigger.org, https://vtdigger.org/2020/10/18/karl-meyer-a-connecticut-river-return-to-the-bad-old-days/ and in the The Recorder, www.recorder.com, (no story link posted)

                        A Connecticut River return to the bad old days?

Copyright © 2020 by Karl Meyer All rights reserved

On September 1st, FirstLight Power petitioned the Federal Energy Regulatory Commission for a 3rd delay in submitting final license applications to run Northfield Mountain Pumped Storage Station and their Turners Falls hydro sites in Massachusetts. In a process now in its 9th year, the Canadian-owned company wants 4 more months to restudy NMPS’s water release impacts on endangered tiger beetles 30 miles downstream. It was bad news capping a dismal year for a Connecticut River that’s not seen any semblance of natural flows in the Bay State for half a century.

Despite recent on-air, print and social media stories of cleanup heroism, secret swimming holes, baby lamprey rescue and adult lamprey barbecues, our river seems headed back toward its time as “the nation’s best landscaped sewer.”

In August hundreds of thousands of gallons of raw sewage overflows enter its main stem, fouling it from Springfield to Middletown CT. In June, for the second time in a year, toxic PFAS entered waterways at Bradley Airport triggering fish consumption warnings and menacing water supplies on the Farmington all the way to its meeting with the Connecticut. A year ago–almost exactly 19 years after a factory spill killed thousands of North River fish, that grizzly Colrain kill was replicated when sulfuric acid again flowed from that site into that same tributary. 

In Vermont this year structural problems at Vernon Dam likely led to the big downturn in American shad reaching central New England. At Vernon this spring structural problems at that fishway likely led to the big downturn in American shad passing upstream there to central New England. The partial blockage might have been caught–and repaired, had two students downriver at Greenfield Community College fulfilled their weekly fish counting obligations. Important tallying, via downloaded video, just didn’t happen–leaving the problem at Vernon Dam undetected for a full migration season.

Meanwhile in Turners Falls riverbanks were collapsing—some oozing grim puss that’s leaching to the most endangered habitat in the ecosystem. The Rock Dam is an in-river ledge that’s provided refuge to federally endangered shortnose sturgeon for centuries. It’s their sole documented natural spawning site. Pink-orange slurry has been flushing from the banks there for a year–running into the river’s cobble bed where early life stage sturgeon shelter and develop.

A red slurry enters the Connecticut at the Rock Dam
Photo
Copyright © 2020 by Karl Meyer

Visitors to the river at Rock Dam off “Migratory Way” in Cabot Woods will see a 30 foot hemlock and saplings being eaten by a sinkhole now big enough for a Mini-Cooper. Banks there slump to a series of nasty, yards-wide, gashes—one with a dumped tire in its center. Slime squeezing from them sloughs in weeping riverlets that flow the final few yards to the river’s sturgeon nursery as a rusty precipitate of oxidizing iron, manganese and other unknown agents. In a drought year, the adjacent muck-choked canal is clearly the destabilizing water source.

Upriver failing FirstLight banks are threatening Millers Falls Road and houses on a buff there. Pipe failure is said to be a culprit. The town made expensive repairs, dumping rubble on that hillside at a sharp river curve called The Narrows. Failures at such nearby sites might merit closer examination. The Narrows is where current pushes against the outer riverbanks–a classic place for surging water to create erosional impact. Northfield Mountain creates big suck-and-surge cycles just 4 miles upstream–sending down powerful pulses that cause daily 3 foot “tides” at Turners Falls Dam. Some can reach 9 feet.

NMPS was completed in 1972 by Northeast Utilities. Rebranded as Eversource and now expanding into natural gas, they are still New England’s grid monopoly and perennial major sponsor of the Source to Sea Cleanup. NMPS is a now 48 year-old FirstLight holding, but still sending its surges down the Narrows to that dam. There, they get shunted into the power canal, ultimately exerting pressure against its massively muck-choked outer bank–adjacent and just 400 feet from those dissolving banks at Rock Dam. Ironically, any flow the canal can’t swallow gets flushed over the dam in channel-ramping surges to the starved, oft-empty riverbed below. That parch-and-flood cycle further impacts Rock Dam’s shores; then heads to endangered Puritan tiger beetle habitat 30 miles away.

The muck-choked outer bank of the drawn-down Turner Falls power canal on Sept. 14, 2020 Photo Copyright © 2020 by Karl Meyer

The US Geological Survey’s Conte Anadromous Fish Research Center sits 250 yards from Rock Dam. Shortnose sturgeon and their critical Rock Dam pool were extensively studied by their researchers there for decades. Now debased and failing, it is ignored. What about the Endangered Species Act, the Clean Water Act? That lab sits on a bank opposite Greenfield, home to the 68 year-old, recently-rebranded Connecticut River Conservancy. Why isn’t CRC testing that Rock Dam slurry at their water lab? Have they sent any slime samples out for analysis? Where’s their Streambank Erosion Committee? Why would a federal lab abandon the long-term endangered species research site at its door?

As self-described champions of “Science for a Changing World” and “Healthy habitats,” neither has steered a reporter or video crew to that elephant in the room. Perhaps it’s their admission of powerlessness. CRC, dependent on various federal and state fish and environmental agencies for grant monies won’t likely be calling out their failures anytime soon. They have no enforcement mandate and employ no staff lawyers. Thus they never challenge the big dogs, and power companies know it.

If a river could talk I think it would say cleanups look nice, but they won’t save rivers. That requires an unencumbered 21st century organization—one with lawyers and an enforcement mandate corporations can’t ignore.

REIMAGINING A RIVER: The Year without Northfield Mountain

Posted by on 01 Jun 2020 | Tagged as: American shad, Clean Water Act, Connecticut River, Connecticut River Atlantic Salmon Commission, Connecticut River Coordinator, Connecticut River pollution, Connecticut River Watershed Council, CRASC, Daily Hampshire Gazette, EPA, Federal Energy Regulatory Commission, FirstLight, fish passage, Gary Sanderson, Greenfield, hatchery, Holyoke Dam, ISO New England, Larry Parnass, MA Division of Fish and Wildlife, migratory fish, Northfield Mountain, Northfield Mountain Pumped Storage Project, Northfield Mountain Pumped Storage Reservoir, Old Saybrook CT, pumped storage, Riverkeeper, salmon, salmon hatchery, The Daily Hampshire Gazette, The Greenfield Recorder, The Recorder, Turners Falls dam, Turners Falls power canal, US Environmental Protection Agency, USFWS

THIS GREAT AND BROKEN RIVER VII

Copyright © 2020 by Karl Meyer. ALL RIGHTS RESERVED.

Issue # 7, Part 1, REIMAGINING A RIVER: The Year without Northfield Mountain


Sunderland Bridge over the Connecticut. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge, back arrows to return to text)

AUTHOR’S NOTE: I have found it difficult to write these past days. I am heartsick for my country. Are we to be a fair, generous and courageous people, or just a collection of frightened, soulless bystanders? What world do we want our children to grow up into? I have not been without a few tears at times over the past week. But, I know that good work and living rivers benefit all; they do not hate, judge, murder, or discriminate. So, noting that all of us have some heart-work to do, I continue here, with this also…

On May 1, 2010, I began a 5-day cycling trip from Greenfield MA, downstream to Long Island Sound and back again along the Connecticut River. I set out by bike to highlight and blog about the massively wasteful and misplaced emphasis on the forever-failed, hatchery-produced, 40 year-old salmon program for the river. Meanwhile, across the preceding decade, the formerly growing and robust American shad runs had concurrently experienced precipitous declines in fish passage returns at Holyoke Dam. More importantly, the shad run was literally flirting with extinguishment upstream of the Turners Falls Dam.


Miserable shad tally board at TF Fishway, 2007. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge, back arrows to return to text)

The plunge at Turners Falls had taken hold pretty much simultaneously with the implementation of newly-legislated electricity deregulation in Massachusetts. It gave owners of the Northfield Mountain Pumped Storage Station a license to unleash new, lucrative and disruptive flow regimes in the river—just 5 miles upstream of Turners Falls Dam. Ironically, that same May Day when I left for the mouth of the river, was the day that Northfield Mountain was scheduled to shut down to begin mucking out the decade’s worth of silt and muck they’d inhaled up into their 4-billion gallon mountaintop reservoir.


Cyclist’s Shad Dinner, Saybrook CT. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge, back arrows to return to text)

Unbeknownst to me–and to NMPS management, once they shut down and started draining their reservoir that net energy loss contraption would not suction the river again for over half a year. They broke their regenerating plant; their muck half-filling the mile-long tunnels connecting it to the river. FirstLight then tried to hide their plight and the evidence as they turned around and massively polluted the river for months. That came to an abrupt halt when the EPA(remember them?) issued a “Cease and Desist” order against them extensive violations of the Clean Water Act.

But, a great upshot benefit soon came into focus: with the river not suctioned and ramping up-and-down at Northfield, successful fish passage at Turners Falls Dam jumped back to well over 400% over 2009 totals–leaping to 16,422 shad passing in 2010(though likely significantly more, since FirstLight’s fish counting software was curiously ‘inoperable’ on 17 different days that spring), while just 3,813 shad squeezed past Turners Falls in 2009. Overall, that 2010 rise peaked at over 500% above that decade’s previous passage averages there. I returned to Greenfield on May 5, 2010, and learned of NMPS’s disastrous de-watering that same afternoon. It was of great interest, but its significance wouldn’t be understood for weeks until the unusual and increasing shad tallies passing Turners began coming in.

Just 3 years earlier, after spending over half a decade working at the Northfield Mountain Recreation Center (where I’d even for a time been secretary for the Safety Committee up inside the pumped storage power plant), I quit. The dismal shad runs, just downstream, were chewing on my soul.


Lynde Pt. Light at the River’s Mouth, Old Saybrook CT. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge, back arrows to return to text)

By that May of 2010, I’d been doing part-time work for the Connecticut River Watershed Council for a few years. I immediately informed the Council of Northfield’s predicament when I got back. Sadly, I then had to watch their back-seat, kid-gloves handling of an opportunity to prosecute and hold the power company responsible for massive pollution. They stayed quietly in the background, letting the Massachusetts DEP and MA Div. of Fish & Wildlife take charge of holding FirstLight’s feet to the fire. It was a massive opportunity to begin taking on the gross daily river depredations of Northfield Mountain, but it was mostly just squandered here in Massachusetts.

The Commonwealth and MA Fish & Wildlife did little, though some effort by MA DEP and Natural Heritage ultimately bargained for a study of erosion effects on endangered dragonflies as some sort of restitution. I later felt compelled to quit the Watershed Council, which I did five months later. They weren’t players, likely because their board was full of former power company managers and folks still working as consultants, who might see some power company contract work in the future. It was just wrong that–as one of the oldest river organizations on the East Coast, they didn’t have a single lawyer on staff, nor have a mission that mandated enforcement. This was no Riverkeeper.

It wasn’t really until early that June that I began to realize the full ramifications of Northfield’s shutdown. Fish passage numbers just began creeping higher and higher at Turners Falls. I attended a June 22nd meeting of the Connecticut River Atlantic Salmon Commission (CRASC)—the Congressionally-authorized fed/state fisheries organization charged with managing and protecting migratory fish on the Connecticut. I asked the agency reps if they’d noticed the numbers and whether they’d been doing any studies on the relationship between the big shad passage at Turners and the turbine disaster upstream at Northfield. “We haven’t looked at it,” said a relatively new USFWS Connecticut River Coordinator Ken Sprankle.


Jilted American shad flashes CRASC attendees at the TF Power Canal. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge, back arrows to return to text)

Even then, I was as yet unaware that NMPS was STILL not operating. But I got a curious look from FirstLight’s Bob Stira, also in attendance, when I posed that question. That look–and the immediate notice of the shutdown of Northfield Mountain’s reservoir trails that same afternoon, is what soon sent me on a recon trip with a camera up to that reservoir. I started crunching numbers and writing. On a Sunday morning one week later I found an unposted back woods trail up to the reservoir, and there was the whole story.

Days earlier, I’d independently handed over some initial fish passage numbers and gave a few pointed quotes in an email to Gary Sanderson, sports and outdoors editor at The Recorder. Gary enthusiastically included them in his column along with his own comments. The following week, after FirstLight’s sudden and inexplicable closure of trails leading to the reservoir–plus immediately moving their riverboat tour boarding site from Northfield down to Barton Cove in Gill, I snuck up and took a photo of that emptied reservoir with two fat earth movers sitting silent in the silt-filled bed.


Emptied Northfield Mountain Reservoir. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge, back arrows to return to text)

Their riverboat got moved downriver to hide from the public the chocolate colored river that Northfield’s dumping was creating at intake tunnels next to the Riverview dock site. The silt cloud reached all the way down to the French King Bridge.


Muck-plagued Connecticut River beneath the French King Bridge. Photo Copyright © 2020 by Karl Meyer ALL RIGHTS RESERVED. (Click X 3 to enlarge, back arrows to return to text)

In late June, Daily Hampshire Gazette Editor Larry Parnass ran my rather telling Northfield Reservoir photo above my expository OpEd bringing to light the disaster there–and the surprise fish passage bonanza occurring at Turners Falls Dam. It wasn’t until the first week of August that the EPA finally stepped in to order FirstLight to cease and desist. They’d been dumping the equivalent of 40-50 dump truck loads of reservoir muck directly into the Connecticut for over 90 straight days. That EPA order would keep Northfield shutdown well into November.

Despite Northfield’s claims of the usefullness of its daily input, and the touted critical emergency readiness of their net-energy loss machine to the grid, no one in New England went without electricity in the long months their river-strangling contraption was lifeless. The only mourners during its 7 month coma appeared to be two climate-change cheerleaders: ISO-New England and the Federal Energy Regulatory Commission. Yet even during a long hot summer–one in which Vermont Yankee shut down for a week to refuel, everyone had essential power. The public didn’t miss Northfield, the shad run blossomed, and a river came back to life.

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.

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

Precise, Repeatable Flow Measurements Required in FERC Licensing Studies

Posted by on 19 Apr 2019 | Tagged as: 5-year FERC licensing process, American shad, bascule gates, By Pass Reach, Connecticut River, Federal Energy Regulatory Commission, FERC, FERC licensing process, FirstLight, Northfield Mountain Pumped Storage Project, repeatable metric, Revised Study Plan, Secretary Kimberly Bose, staff gauges, Station 1, Turners Falls, Turners Falls dam


Turners Falls Dam with Spill on the Right Emanating from Two Bascule Gates. Photo Copyright © 2019 by Karl Meyer. All Rights Reserved. CLICK, then CLICK again.

(NOTE: the following Stakeholder Comments were accepted by the Federal Energy Regulatory Commission on April 18, 2019)

Karl Meyer, M.S. Environmental Science
Greenfield, MA, 01301 April 18,2019

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

RE: P-1889 and P-2485, Stakeholder Comments on Study 3.3.19, Evaluate Use of an Ultrasound Array to Facilitate Upstream Movement to Turners Falls Dam by Avoiding the Cabot Tailrace; and the Study Addendum Plan to extend the results of 3.3.19, presented by FirstLight at the March 29, 2019 meeting at Northfield.

Dear Secretary Bose,

I have been a participating Stakeholder in the FERC ILP relicensing proceedings for P-1889 and P-2485 since 2012. I serve on the Fish and Aquatics Studies Team for both projects and have been in attendance with fellow Stakeholders at all relevant FERC ILP meetings and consultations since that time.

On March 29, 2019, FirstLight held a meeting with federal and state agencies and stakeholders to present their Study Plan Addendum to continue investigations under Study 3.3.19. The new 2019 Study treatments will again involve manipulating flows from the Turners Falls Dam and Station 1 to understand the necessary conditions for bringing American shad through the By Pass and up to the TF Dam.

Need: the need for 3.3.19 has already been demonstrated; and the necessity of gaining further information has become obvious—results have shown that shad move through the By Pass directly to the dam when signaling flows are present. Thus, FL intends to do a new series of test flows through the By Pass Reach beginning in May, involving various flow treatments implemented at the TF Dam bascule gates, and through Station 1.

Need for Additional Information: any Study that informs decisions on License Conditions needs to be repeatable, with parameters that are verifiable. During the March 29, 2019 meeting FL Manager Doug Bennett stated that gauging flow releases at Turners Falls Dam was rather imprecise, involving guesswork and incremental, 1-foot adjustments to the Bascule Gates at TF Dam. This situation adds too much imprecision to a study meant to lead to repeatable flow conditions and an understanding of how shad respond to stepped flows.

Further Information Needed: Without precision or benchmarks to accurately gauge the flows entering the By Pass, it will be impossible to understand the precise settings impacting the movements of shad toward TF Dam as releases are made at the Bascules and through the Station 1 Canal Extension.

Recommendation: The need for an accurate and repeatable metric for testing and implementing flow conditions is obvious. It is a necessity for the future judicious sharing of water through these Projects.

This demonstrated necessity can be accomplished quickly, simply, elegantly, and with little expense for Study 3.3.19, with the installation of Staff Gauges at Turners Falls Dam and
Station 1.

At Turners Falls Dam, Staff Gauges can be braced and installed on the Support Stays between Bascule 1 and Bascule 2, extending upward from the base of the dam. A gauge will also be needed on the upstream side of the dam. There may yet be a gauge near the Old Red Bridge abutment just upstream of TF Dam, but this may need updating or replacement.

At Station 1, Staff Gauges can be installed at the outflow tunnels, and a gauge just inside the Station 1 Canal Extension at the defunct rail crossing would be sufficient.

(NOTE: if spring conditions do not allow for installation of hardware or permanent staff gauges for the upcoming study, painted benchmarks can easily suffice for this season in order to gain the required information.)

Thank you.

Sincerely,
Karl Meyer, M.S.

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.

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