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Connecticut River blog: portage parade a quagmire of mixed motives

Posted by on 15 Jul 2021 | Tagged as: Andrew Fisk, Bellows Falls VT, Connecticut River Atlantic Salmon Commission, Connecticut River Conservancy, Connecticut River ecosystem, Connecticut River Watershed Council, Conte National Fish & Wildlife Refuge, CRASC, CRC, Dead Reach, Deerfield River, Eversource, FirstLight, FirstLight Power, Landmark Supreme Court Decision 1872, New Hampshire, Northeast Utilities, Northfield Mountain Pumped Storage Project, NU/WMECO, portage parade, PSP Investments, public trust, Rock Dam, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, State of Delaware, Turners Falls, United State Supreme Court, Vermont

Connecticut River blog: portage parade a quagmire of mixed motives.

Copyright © 2021 by Karl Meyer


It was a little four-boat affair at Turners Falls on July 10, 2021. Photo Copyright © 2021 by Karl Meyer

On Saturday, July 10, 2021, Dr. Andy Fisk, Chair of the Connecticut River Atlantic Salmon Commission (CRASC), stood alongside a lawyer on the banks of the Connecticut River in the Village of Turners Falls in Montague MA. That lawyer was not an employee of the Connecticut River Conservancy, which Fisk also directs (that 69 year old organization has never had a staff lawyer), and this was not a gathering about salmon (the last natural run of salmon occurred on the Connecticut in 1809), or any of the endangered or federal trust fish in this tiny, embattled ecosystem reach they were here to highlight. The Connecticut River Watershed Council (today d.b.a. The Connecticut River Conservancy) had brought along Bob Nasdor of American Whitewater. That recreation organization’s crash-helmet-attired attorney and legal advocate was here as part of a CRC press conference and their touted public “portage parade.”

This, just upstream of the Turners Falls Dam, was an event aimed at getting scheduled flow releases from Canada-own FirstLight, and more water, plus an easy access path past the dam for joy-riding paddlers and rafters seeking a chance to dive into the most impoverished, endangered, historic and biologically sensitive 2-1/2 miles in the entire Connecticut River ecosystem.

As parades go, it hardly made a splash. Ultimately around two dozen people assembled, though fully half were CRC staff, family members, and CRC’s handful of invited speakers. The other speakers included Walter Ramsey, planner and conservation agent for the Town of Montague, as well as representatives of the Appalachian Mountain Club, American Whitewater and All Out Adventures. Three CRC staff were recording the event for further promotion. In reality about a dozen members of the public showed up to the “parade”, plus two journalists.


Revving up the “crowd” at Turners. Photo Copyright © 2021 by Karl Meyer

Funny thing–to prioritize commerce and recreation at a site that has been a half century without healing water, one that represents the epitome of historically fragile and endangered habitat. Strange bedfellows, these. Montague’s conservation agent was one more case in point. He noted that the town gets 20% of its tax revenue from Canada-owned, Delaware-registered FirstLight Power, so he wouldn’t want to see more water being returned to the impoverished Connecticut because that would mean less water diverted down the Turners Falls power canal–and less returned tax cash from their Delaware tax-sheltered, FirstLight LLC corporate absentee landlords/neighbors.

On the other hand, Ramsey noted, he is desirous of the economic bump a tourist town gets by drawing-in traffic for water sports. Those big, partying, river-running crowds so often filling the channels and pull-offs on the Deerfield mean big tourist dollars. What could be better?

In that vein though, there was no mixed message or hesitation at all on the part of the paddle-packing Bob Nasdor. He told those assembled that he sees access to this short river stretch that features one single, tiny rapid (incidentally it’s at precisely the shortnose sturgeon’s fragile and crumbling habitat and nursery) as a “tremendous opportunity”–naming the big commercial rafting outfits over on the Deerfield as well as people arriving for “tubing” as parties that have an eager interest in accessing the river here. This despite expert commentary from shortnose sturgeon biologist Dr. Boyd Kynard already in the FERC record stating that watercraft pose a danger to spawning and developing sturgeon here at their Rock Dam habitat.

As a journalist I thought this publicized press event would be a real opportunity to ask about why CRC had taken no action concerning the clearly dissolving Connecticut riverbanks just downstream in the critical and sole documented natural spawning site of the shortnose sturgeon. Its fragile nursery environs are at a tiny place in the river called the Rock Dam. Those failing Connecticut River banks are owned by FirstLight Power, and adjacent to their power canal.

So it seemed a good question to get an answer to with the public present: was it because CRC has no lawyer?–or because they accept money from the MA Department of Environmental Protection?—that they’ve wholly avoided the site and taken no action, never sought an injunction or tested water or intervened as members of the Connecticut River Streambank Erosion Committee?


Here are the dissolving, slumping–sink-hole deepening Connecticut River banks at the Rock Dam site on the day of the “portage parade,” July 10, 2021. Photo Copyright © 2021 by Karl Meyer

Ironically, this line of questioning was in nearly the exact same vein as the questions I’d put to Andy Fisk a half decade ago. That was when they decided to hold a discussion in Brattleboro, Vermont about river recreation access–including the all-but-asphyxiated Dead Reach of this Rock Dam river section, where shortnose sturgeon have been annually crippled in successful spawning in their ancient, critical habitat and fragile nursery site for a half century. My questions were not welcome back then either.

This day Director Fisk simply claimed that CRC was taking action. He clearly did not wish to go into any particulars answering in front of the handful of public paraders. He seemed quite rushed, all of a sudden. When I pressed him on several areas of exactly where that action was, and a long timeline where no action whatsoever has been taken, he ended my queries and put the mike down. Unbeknownst to me, a live-feed was being streamed by CRC and it was abruptly shut down when I began my questioning. I heard about this later.

Once the crowd moved away he walked up to reengage–but my questions remained the same, and his responses revealed no on-the-ground action at this critical site. Actually, CRC has filmed and promoted themselves everywhere in this little 2-1/2 mile reach BUT at the dissolving riverbanks and dewatered critical sturgeon habitat on this river. There are videos of a sea lamprey cookout and a swimming hole celebration nearby—plus a big celebration of baby lamprey rescues in the power canal. Now there’s some low hanging fruit protecting a fish that will likely survive Armageddon. But never have they ever brought a parade of people down to that fragile Rock Dam site and filmed them with a backdrop of dissolving Connecticut River banks and baking cobbles where young-of-the-year endangered shortnose sturgeon should be developing.

It’s not hard to find CRC OPINIONS delivered to federal and state entities on a whole host of river issues. They send in all sorts of formal comments. But please, don’t call them a watchdog. Watchdogs inspire fear in companies and public agencies when they break laws or fail to enforce them. They take action. They have hungry, day-to-day staff lawyers–and their missions state clearly: we investigate, we enforce; we go to court–we sue corporations.

CRC gets lots of grant funding from the very agencies they should be forcing to do their jobs. So, don’t look for action there. And, of course, they have an endless legacy going back to their beginnings as close friends and recipients of monies from WMECO/Northeast Utilities, (d.b.a. Eversource) who built the crippling facilities that today dominate this miserable stretch of river. Join the annually major-sponsored Eversource-to-sea clean-up…!

Eversource remains massively—commercially, wired into today’s FirstLight river-crippling facilities at both Northfield and Turners Falls, both parent-owned by PSP Investments of Canada. These facilities trample the key ecosystem functions of New England’s Great River in the heart of the Silvio O. Conte Connecticut River National Fish & Wildlife Refuge all the way from Greenfield and Turners Falls MA to Bellows Falls VT and Walpole NH. Both facilities remain in violation of the landmark environmental 1872 decision of the US Supreme Court—based just downstream on this river in Holyoke Company v. Lyman. It ruled that migratory fish must be provided safe upstream and downstream passage on this and all US rivers. Here, that means all the way up to central Vermont and New Hampshire–and back.

Canadian venture capital outfit PSP/FirstLight Power is playing for keeps. They arrived here to run the giant river and energy-sucking, net-power-loss operations at Northfield Mountain and the smaller Turners Falls ops for long-term cash a full 144 years after the Supreme Court made those critical protections the law of this land . But, judging by priorities here, it seems those foreign venture capitalists have come to the right US river system…

This was an extremely small parade.

Living rivers come first.

Be careful what you wish for…

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

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

Copyright © 2021 by Karl Meyer


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

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

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

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


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

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

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

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

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

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

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


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


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

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

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

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

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

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

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

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

WHERE THERE IS NO WATCHDOG, THERE IS NO ENFORCEMENT.

There is no watchdog protecting this river.

THE GREAT FAILURE TO PROTECT

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

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


Photo credit: US Geological Service

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

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


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

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

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

A red slurry enters the Connecticut at the Rock Dam

Copyright © 2021 by Karl Meyer

When there is no WATCHDOG, there is no ENFORCEMENT.

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

THEIR NAMES:

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

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

When there is no WATCHDOG, there is no ENFORCEMENT.

CONNECTICUT RIVER: maybe not left for DEAD after all

Posted by on 04 May 2021 | Tagged as: American shad, Anadromous Fish Conservation Act, Andrew Fisk, Connecticut River, Connecticut River Atlantic Salmon Commission, Connecticut River Watershed Council, Conte National Fish & Wildlife Refuge, CRC, Daniel McKiernan: Director MA Division of Marine Fisheries, Delaware LLC, Eversource, Federal Energy Regulatory Commission, federal trust fish, FERC, FirstLight, Julie Crocker, Kathleen Theoharides, MA Division of Fish and Wildlife, Martin Suuberg, Martin Suuberg: Commissioner MA Department of Environmental Protection, Massachusetts DEP, Massachusetts Division of Fish & Wildlife, National Marine Fisheries Service, NMFS, Northfield Mountain, Northfield Mountain Pumped Storage Station, P-2485, Ron Amidon: Commissioner MA Dept. of Fish and Game, Source to Sea Cleanup, State of Delaware, The Greenfield Recorder, Traprock Center for Peace and Justice, US Fish & Wildlife Service, USFWS, Wendi Weber

CONNECTICUT RIVER: maybe not left for DEAD after all

Following the Great Earth Week Walk for River Survival to the Northfield Mountain Pumped Storage Project on April 24th, it’s been inspiring to see people publicly raising their voices to pull the grim, daily carnage of that power-hungry machine out from the shadows. One of particular insight was written by Susan Olmsted and appeared in The Recorder on April 30:
https://www.recorder.com/my-turn-olmsted-NorthfieldHydroStation-40211638 . Later, Ms. Olmsted relayed those same points into the public record of Federal Energy Regulatory Commission’s relicensing comments for the Northfield docket: FERC P-2485. Those are the routes to raising the public profile of our endlessly crippled River—its fate all but buried under confidentiality agreements and generations of inaction by the responsible agencies and so-called protectors. They all continue to lay low in a process that will decide our river’s ultimate viability for decades.


At the NMPS Intake. Photo Copyright © 2021 by James Smethurst

I again must thank the Traprock Center for Peace and Justice and Anna Gyorgy for organizing the event. Having written about this broken river for decades, and now having served on the Fish and Aquatics Study Team in this endless FERC process since 2012, it was an honor to speak up for the river with a caring and determined crowd in attendance. As I’ve noted to several people, last October I witnessed MA Energy Secretary Kathleen Theoharides and Watershed Council/Conservancy Director Andy Fisk launch a PR canoe tour for elected officials–directly upstream of the killer suction pipes of Northfield. In grim, self-serving fashion neither stepped up to the TV cameras or spoke with attendant reporters to proclaim, “This thing is our river’s greatest killer, it should be closed; this company, FirstLight, wholly re-registered these holdings out of state into Delaware as tax shelters two years back—they have no business here.” Shame on them both.

Watershed Council/CRC Director Andy Fisk, in vest, Chairs the Connecticut River Atlantic Salmon Commission 12/10/2018

BTW, we spoke at some depth on the Walk about the NU/Eversource building-of, and current massive connections to NMPS–and also the long-standing financial and Source to Sea greenwashing links between the Watershed Council/Conservancy and Eversource? Well, here’s a little late-breaking Eversource monopoly news: https://www.eenews.net/stories/1063731537

Personally, I would feel I’d failed our Great River, this ecosystem and coming generations had I never stood in front of this killer to bear witness to the truth. NMPS is a killer, and no configuration that leaves its grim sucking mouth open for ANY part of the year will retrieve it from being the most lethal machine ever deployed on the Connecticut. After so many years I am grateful that I had that opportunity–to stand up with other people and keep faith with our river–and link with those who will depend on its living waters in the future.


Revival Walk Crowd April 24, 2021 Photo Copyright © 2021 by David Keith

I don’t think a single person in attendance that day believes the snake-oil logic for continuing NMPS: that wasting massive amounts of energy to actually pull a river backward for miles–sucking 100s of millions of fish to their deaths as it wrenches its deadened water up a mountain, will ever be any kind energy “clean” or “green” solution on a heating-up planet whose ecosystems are unraveling. FirstLight’s will merely continue the laying-waste to our long-crippled river. It has nourished life here for millennia; they want to trade that in for their few hours of peak-priced energy.


MA Secretary of Energy & Environmental Affairs Kathleen Theoharides talks to the media–just yards away from Northfield’s deadly intake on a fluff PR tour on the river, October 2020. Photo Copyright © 2021 by Karl Meyer

It’s important to remember that this machine’s emplacement ran counter to one of the most significant landmark environmental decisions ever from the US Supreme Court, centered right here on the Connecticut River in 1872. In Holyoke Company v. Lyman the Court decided private operators of dams and facilities on the Connecticut—and thence, for all rivers, must provide safe upstream and downstream passage for migratory fish. Nearly 150 years later, this machine continues crushing millions of migratory fish—among them federal trust American shad, blueback herring and American eels. That killing occurs for eggs, larvae, juveniles and adult fish across the many months of their full migratory life cycles.

With the presence of a real watchdog, NMPS’s illegal presence never would have arisen here. There were decades to have sued for its shutdown. Today, neither its operation–nor FirstLight’s thin mitigation proposal to put up a partial, temporary net across its mouth annually that might spare some adult shad and eels from its suction just two months out of their killing year, even remotely passes the smell test for legal operation in a US Fish & Wildlife Refuge.

Raising public voices and flushing the buried dealings in this race-to-the-bottom FERC relicensing process is now the key to having some real impact in saving the Connecticut.

This Great River still feeds bodies and souls. It’s been struggling for well over half a century without an entity taking on the necessary mandate to “enforce” and take on the employ of a day-to-day legal team worthy of facing down predator corporations. This is an ecosystem destined to failure if citizens stay on the sidelines. But people are getting it; and standing up. Maybe this critical life-line of a river can be revived for the coming half century, to again nourish those of the future.

WORTH NOTING: Massachusetts and federal agency officials responsible for securing a living Connecticut River for your great, great, grand kids–upstream and down, through to Vermont and New Hampshire:

Kathleen Theoharides: Sec. of MA Energy & Environmental Affairs
Martin Suuberg: Commissioner MA Department of Environmental Protection
Ron Amidon: Commissioner MA Dept. of Fish & Game
Daniel McKiernan: Director MA Division of Marine Fisheries
Wendi Weber: Director Region 5, U.S. Fish & Wildlife Service
Julie Crocker: Branch Chief, Endangered Fish Recovery unit, NOAA, Gloucester MA (endangered CT River shortnose sturgeon habitat)

GREAT CONNECTICUT RIVER SURVIVAL WALK DRAWS BIG MULTI-STATE CROWD

Posted by on 27 Apr 2021 | Tagged as: 1872, American shad, Bellows Falls VT, Connecticut River, Connecticut River ecosystem, Connecticut River migratory fisheries restoration, Connecticut River Refuge, Conte National Fish & Wildlife Refuge, Daniel McKiernan, Delaware LLC, Eversource, Federal Energy Regulatory Commission, federal trust fish, FERC, FERC license, FirstLight, Haddam nuclear plant, Holyoke Dam, ISO New England, Julie Crocker, Kathleen Theoharides, Landmark Supreme Court Decision 1872, MA Division of Fish and Wildlife, Martin Suuberg, Martin Suuberg:, Massachusetts DEP, Massachusetts Division of Fish & Wildlife, Millstone 1, National Marine Fisheries Service, National Marine Fisheries Service, net-loss power, NMFS, NOAA, Northeast Utilities, Northfield Mountain Pumped Storage Project, Northfield Mountain Pumped Storage Station, NU/WMECO, P-2485, PSP Investments, Public Sector Pension Investments, river cleanup, Riverkeeper, salmon, Silvio O. Conte Connecticut River National Fish and Wildlife Refuge, Source to Sea Cleanup, State of Delaware, Treasury Board of Canada, Uncategorized, United States Supremed Court, US Fish & Wildlife Service, Vermont, Vermont Yankee

GREAT CONNECTICUT RIVER SURVIVAL WALK DRAWS BIG MULTI-STATE CROWD

Claire Chang of the Solar Store of Greenfield speaks to attendees. Note: see http://solarisworking.org/. Photo Copyright © 2021 by James Smethurst. All Right Reserved

Northfield MA. The biggest story on the 410-mile long Connecticut River this Earth Week did not center on yet another promo video or soft news story about people doing trash cleanups. It took place on Saturday, April 24th, when more than 70 people of all ages–from as far as Springfield, South Hadley and Northampton MA–all the way upstream to Putney VT, turned out for a 3-mile river walk to learn about the 50 years of devastation that the Northfield Mountain Pumped Storage Station has wrought on their four-state ecosystem.

THE DAY’S SPEAKERS BEARING WITNESS

Attendees heard from host, Traprock Center for Peace and Justice’s Anna Gyorgy, about the long, deep connection of this river killing to nearly 50 years of nuclear power excess and damages (www.traprock.org). They heard from Claire Chang of the Solar Store of Greenfield about alternative energy, solar installation and bulk storage alternatives to destroying whole ecosystems. And, I spoke at length about the long, grim and deadly history that has brought us to a crossroads for a living future for the Connecticut River vs. this massively violent machine.

WHERE THE RUBBER NEVER MET THE ROAD

What people heard about was that shutting up NMPS’s killer intake pipes is the only river cleanup that matters. Doing just that would have saved a now-crippled ecosystem–had there been an actual watchdog organization on the Connecticut in 1972–or again, when Vermont Yankee’s license expired in 2012. Those are the cleanups that would have spared an entire ecosystem, decade-upon-decade of this hide-in-plain-sight sucking wound.

THE LEGACY OF FAILURES

They learned the Commonwealth Massachusetts has endlessly failed this ecosystem, facilitating its exploitation to the detriment of 3 other New England states by not protecting it. And, that the federal and state fish agencies have failed it as well by first chasing, then never relinquishing, their long-failed salmon experiment, for a fish not seen here since 1809. And also that the NGO claiming guardianship here since 1952, massively failed New England’s River–never stepping up to challenge and prosecute the devastation of the power companies, nor calling out or suing government agencies charged to protect it under state and federal law.

LANDMARK SUPREME COURT DECISION 1872: HOLYOKE CO. v. LYMAN

Living rivers do not flow backwards. People walked a mile and a half to the intake pipes of a deadly machine that has laid waste to billions upon billions of fish across a half century—literally suctioning them to death while pulling miles of river current into reverse. Folks learned that building of this net-power-loss, river-gorging appliance and the deadly impacts it created on migrating fish, particularly American shad—actually flew in the face of the 1872 landmark Supreme Court decision in Holyoke Company v. Lyman, a full century before NMPS was built. Given that law, it had no right to exist here at all.</strong>

Photo Copyright © 2021 by Robert Flaherty All Rights Reserved.

What did that landmark decision require of dam system owners and private companies operating on the Connecticut–and on all rivers of the United States a century and a half ago? It said all must provide safe fish passage, upstream and down of their facilities, as “public rights.” Visitors also learned that the Canadian owners of this 365-day-a-year slicing machine want only to provide a flimsy net, part way across its killer mouth, for just over two months out of the year. That will largely leave the eggs, larvae and juveniles of most species—including migrants, in full peril. Names of agency leaders charged with saving the river for our grandkids were supplied.

NOTE:text below derives from a The GREAT RIVER WALK handout

NO NEW LICENSE TO KILL: THE NORTHFIELD MOUNTAIN PUMPED STORAGE STATION: A HALF CENTURY OF WASTE, DEATH AND ECOSYSTEM DESTRUCTION.</strong> Notes from Karl Meyer, FERC relicensing Stakeholder and Intervener since 2012

To COMMENT: Federal Energy Regulatory Commission Project License P-2485 (www.ferc.gov E-comments) Include your name, address, project # P-2485 and a brief. specific remedy for FERC to apply.

Owner:venture-capital firm PSP Investments, a Canadian Crown Corporation.
Operating in MA as: FirstLight Power Resources.
Current tax sheltering llc registration since 2018 out of MA & New England: in Dover, Delaware

NMPS is an energy consumer. It has never produced a single watt of virgin electricity. Every day this machine consumes huge pulses of electricity from the power grid to suck massive gulps from the Connecticut backward and uphill for hours on end at a rate of up to 15,000 cubic feet per second(cfs). That sucking pulls the Connecticut backward at times for over 3 miles downstream. SOURCE: FERC P-2485 relicensing Study 3.3.9 appendices.

This is not a hydropower plant; it is an energy wasting machine operating exactly like an electric toilet. It runs on imported electricity, profiting on the buy-low/re-sell high model.

RUNNING BACKWARD FOR DECADES

**VIEW Federal Power Commission document with link HERE FPC 1974 flow reversals

That 15,000 cfs is the equivalent of 60, seven-bedroom mansions being swallowed each minute, for hours on end—with everything from tiny fish eggs to full sized American eels obliterated by its turbines. Twenty-four species are subject to that suction. For shad alone it’s estimated that over 2 million juveniles and 10 million eggs and larvae die here annually. That’s just one species. How many billions of fish die annually, across all species—and now across 49 years? A fixed, monitored, year-round barrier screen, fully across its mouth was required.

NMPS then later sends that deadened water back down in peak-priced pulses for a few hours in the morning and afternoon at up to 20,000 cfs. A living river goes in, all that comes out is dead. The Northfield Mountain Pumped Storage Station does its killing in the heart of the Silvio O. Conte Connecticut River National FISH & Wildlife Refuge. This Canadian company is operating in the heart of a four-state ECOSYSTEM, crippling and pulling it apart daily. It should be relegated to rare emergency use.

The scheme to pair this eviscerating machine with future ocean wind is a nightmare—fully a Greek tragedy. Ocean wind sent to kill its river babies. Future generations require a living river.

Energy should be consumed close to where it is produced. That is where the load is. In New England that load is at the coast. Large-scale compressed air plants can be built at New Bedford, Everett, Boston, Somerset and Middltown RI for large-scale wind energy storage. If FERC allows massive LNG export farms to be built at the coast, it can require space for “local” energy storage—right near all those current “natural” gas tank farms of today.Storage needs to be adjacent to those metro cities where it is consumed. That battery storage can be constructed is a given.

In the age of Climate disruption the goal of an electricity network–one safe from mass outages due to cyber attacks and wind and flood events–disrupting the current corporate mega-grid built for huge area energy relays, should be micro-grids and distributed generation.

That decreases vulnerability and will encourage CONSERVATION—never mentioned by the Federal Energy Regulatory Commission or ISO-New England. That is the formula that begins to tackle climate disruption. It is time for Re-Regulation of the power grid. It is time for TRANSPARENCY in the Commonwealth’s energy policy–done behind closed doors with monopoly capital interests running the ISO-NE and NEPOOL table, while excluding even journalists from meetings. This plant squeezes the life out of approximately 1-1/2 billion gallons of Connecticut River water daily—its deadened re-sale power for export—for “load” consumers far from the small towns and cities of this 4 –state ecosystem.

NMPS was built by WMECO/Northeast Utilities(NU) to run off the bloated excess juice of their Vermont Yankee nuclear plant, 15 miles upriver. VY closed forever in 2014. NU today remains massively wired into and out of this facility’s energy resale loop. Today NMPS deadly consumption continues on 50% climate scorching natural gas, 25% nuclear from NH and CT, and 10% actual hydropower from Canada.


The massively fouled Connecticut River and NMPS’s intake tunnels on September 6, 2010. Photo Copyright © 2021 by Karl Meyer

In 2010 NMPS choked on its own effluent, and unexpectedly did not run for over half a year after fouling its massive tunnels with silt and muck. Shut down from May 1st thru early November– after being hit with a “cease and desist” order from the EPA for secretly and illegally dumping that grim effluent directly into the Connecticut for months, in gross violation of the Clean Water Act. Nobody lost power during NMPS’s surprise shutdown for over half a year. That’s despite arguments from grid operator ISO-New England about how necessary its killer, daily re-sale juice is to keeping the lights on. Even during record-breaking summer heat in 2010—when VT Yankee even shut down for refueling, the power grid held together just fine.

What did happen in the 4-state ecosystem—quieted without Northfield’s massive disruption, was that dismal fish passage for American shad just downstream at Turners Falls dam shot up 800% above yearly averages for the previous decade. That was the ugly decade when NMPS began operating differently—after Massachusetts decided to deregulate electricity markets.

NMPS is an ecosystem-crippling, anti-gravity machine, gobbling vast amounts of energy to send a river into reverse and uphill—a buy-low/re-sell-high, cash cow regenerating set-up.

This machine is a crime against nature.

At a time when the planet is dying, you revive ecosystems. This river belongs to our grandchildren and the future, not to greedy foreign investment firms. The corporate concern here is merely the weight of water—live fish and living rivers are nuisance expenses. What would suffice here would be a bunch of pulleys and a giant anvil, like a Roadrunner cartoon. Stop killing the future for our kids.

ORIGINAL OWNER/BUILDER: WMECO/Northeast Utilities—completed in 1972 to run off the excess electricity from its sister plant, Vermont Yankee nuclear station, completed in 1972. NU also had ownership in VT Yankee. Today NU/Northeast Utilities is “doing business as” Eversource. Eversource remains massively wired into and out of NMPS/FirstLight facilities.
Eversource/NU never left us. They just decided to dump their creaky and massively-fined nuclear plants at Millstone and Haddam, to become a bigger, more concealed monopoly. What they did was transfer emphasis to T & D–Transmission and Distribution. They would make their bucks by CONTROLLING THE ENERGY TOLL ROAD. Note the massive new wire structures and the some 18-line-long laundry list of charges on your energy bill for simply for T & D. They have as yet not figured out how to get a kick back for delivering STATIC ELECTRICITY.

Eversource is perennially green-washed through its major-money sponsorship of the Connecticut River Watershed Council/Conservancy’s “Source to Sea Cleanup.” NU/Eversource and the Council (founded 1952) have a long, close, deep-pocketed history. Thus, this green-washed, river-killing apparatus has been quietly-enabled for decades.

A 2021 Brown University study named Eversource as MA’s largest energy spender against clean energy and climate legislation: https://ibes.brown.edu/sites/g/files/dprerj831/files/MA-CSSN-Report-1.20.2021-Corrected-text.pdf

The following companies are now in business as “wholly owned subsidiariesof Eversource:
Connecticut Light & Power, Public Service Company of New Hampshire, PSNH Funding LLC 3, NSTAR Electric Company, Harbor Electric Energy Company, Yankee Energy System, Inc., Yankee Gas Service, NSTAR Gas Company of Mass.(EGMA), Hopkinton LNG Corp., Eversource Gas Transmission II LLC, Eversource Holdco Corporation, Eversource Investment LLC, Eversouce Investment Service Company LLC, Aquarion Company, Aquarion Water Company, Aquarion Water Company of Connecticut, Aquarion Water Company of Massachusetts, Inc., Aquarion Water Capital of Massachusetts, Inc., Aquarion Water Company of New Hampshire, Inc., NU Enterprises, Inc., IP Strategy LLC, Eversource Energy Service Company, The Rocky River Realty Company, Holyoke Water Power Company. Eversource has residual interest in nuclear plants they’ve sold: Seabrook NH and Millstone CT.

Part ownership in: Alps to Berkshires LLC, 50% in transmission line to NY State, 15% ownership in Algonquin Gas Transmission LLC, BSW Holdco LLC, BSW ProjectCo LLC, Bay State Holdco LLC, Bay State Wind LLC, Northeast Wind Energy LLC, North East Offshore, LLC, New England Hydro-Transmission Electric Company, New England Hydro-Transmission Corp. Eversource also has interest and ownership in companies that own and manage decommissioned nuclear plants they once owned, including: Connecticut Yankee Atomic Power Company, 65%, Maine Yankee Atomic Power Company, 24%, Yankee Atomic Electric Company, 52%. SOURCE: https://www.eversource.com/content/wma/about/about-us/doing-business-with-us/affiliates/list-of-affiliates

RESPONSIBLE FOR SECURING A LIVING RIVER FUTURE FOR OUR KIDS:

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

It is time to break up the monopolies, re-regulate energy in Massachusetts for our children’s sake—and:RESTORE the CONNECTICUT RIVER ECOSYSTEM.

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.

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

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

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

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

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

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

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

Dear Secretary Bose,

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

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

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

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

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

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

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

Sincerely,
Karl Meyer

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

Photo Copyright © 2020, by Karl Meyer.

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

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

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

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

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

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

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

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

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

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

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

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

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

Who is protecting New England’s Great River??

Posted by on 15 Jul 2019 | Tagged as: Connecticut River migratory fisheries restoration, Conte National Fish & Wildlife Refuge, ecosystem, Endangered Species Act, Federal Energy Regulatory Commission, federal trust fish, federally-endangered Connecticut River shortnose sturgeion, FERC, FirstLight Power, Fish and Aquatics Study Team, limited liability corporation, LLC, Northfield Mountain Pumped Storage Station, Rock Dam, Rock Dam Pool, shortnose sturgeon, Society of Environmental Journalists, State of Delaware, The Daily Hampshire Gazette, The Greenfield Recorder, Treasury Board of Canada, Turners Falls dam, US Fish & Wildlife Service, US Geological Survey, US Geological Survey's Conte Fish Lab, USFWS

The following piece appeared in The Greenfield Recorder on June 27, 2019, and in the Daily Hampshire Gazette on July 17, 2019. The original title ran as “Sturgeon Revival on the Connecticut.” www.recorder.com, www.gazettenet.com .
Ruined Rock Dam spawning and nursery site on May 17, 2019. At upper left is one of the extremely sensitive island habitats that rafters repeatedly trammeled. NOTE: Click, then click twice more to enlarge. Photo Copyright © 2019 by Karl Meyer, All Rights Reserved.

Story, Copyright © 2019 by Karl Meyer. All Rights Reserved.

Something remarkable occurred below Turners Falls this May: four dozen federally-endangered Connecticut River shortnose sturgeon were discovered at their embattled spawning and nursery site–the largest documented aggregation since long-term research began there in 1992.

In the afternoon of May 8, 2019 when US Geological Services biologist Micah Kieffer walked down to the river near the Silvio O. Conte Anadromous Fish Research Center, he got a surprise “burp” on the receiver he carried. That meant just one thing: a radio-tagged sturgeon was nearby. Since early spring consistent high flows had coursed down the riverbed—a rarity in the oft-emptied, 3-mile reach below the Turners Falls Dam controlled by FirstLight Power. Kieffer hustled back to the USGS Lab, gathering armloads of equipment and securing a boat. By nightfall he’d set out nets, hoping to find a few sturgeon where they’ve likely spawned for thousands of years–a unique, cobble-bottomed pool downstream of the dam.

The big shock came first thing next morning. Weighing down the nets were 48 squirming, 2-3 foot long, endangered sturgeon–one female “running eggs”; the males all running sperm. Kieffer worked quickly to catalogue each fish; returning all to the current. Across a quarter century of intensive federal research started under Amherst’s Dr. Boyd Kynard and continuing under Kieffer, this was a critical discovery near a place called Rock Dam—which hosts a single, tiny rapid. That site is critical to the shortnose’ recovery—it’s a unique biological refuge, and their only documented natural spawning site in the ecosystem.

Life-giving spring flows have been rare below Turners Falls Dam for nearly a half century. Most years currents get violently see-sawed up and down and diverted in and out of the riverbed at that dam via computers operated from inside the 1972 Northfield Mountain Pumped Storage Station, seven miles upstream. Those disruptions help service the massive water and energy appetite of Northfield’s pumped storage electricity regeneration and resale regime. Most years spawning success for this 200 million year-old sturgeon species fails at Rock Dam. That flow chaos has also long-handicapped the stalled, four-state federal Connecticut River Cooperative Fisheries Restoration for shad and herring here.

But this year, nourishing high flow continued through that critical biological reach right into the height of shortnose spawning season—which extends to late May. Operating with minimal staff, Kieffer again managed to anchor “day-set” nets in the river on May 15th and 16th. He got 11sturgeon on each of those days. But when nets were set again on May 17th he suddenly found himself skunked.
Exposed, dewatered shoals in shortnose sturgeon spawning and nursery habitat below Rock Dam.
Photo Copyright © 2019 by Karl Meyer. All Rights Reserved. Click x3 to ENLARGE>

At 7:30 on the morning of May 17th, just a single gate spilled a thin stream of water into the channel below Turners Falls Dam. Though river flows had been slowly subsiding, when FirstLight pinched those gates shut they were pulling the plug on spawning flows. According to Dr. Boyd Kynard in his 2012 book, Life History and Behavior of Connecticut River Shortnose and Other Sturgeons, “Flow reductions that occurred while fish were spawning at RockD caused SNS to leave the area, and after females left, they did not later return to RockD spawning habitat.” What’s worse, that abrupt tamp-down dewatered the cobble bottom and shoals below Rock Dam where spawned eggs and embryos shelter and develop through June. It’s deadly.

Later that morning two gates were opened, re-ramping currents in the river. Over the ensuing days US Fish & Wildlife Service representatives noted gates alternately waffling flows up and down in sturgeon spawning time—from two open, down to one; later up to three. Perhaps encouraged by those settings, on May 29th a rafting company was seen repeatedly sending loaded, lumbering rafts over Rock Dam and walking them up onto sensitive island habitats.

FirstLight and those commercial rafters have long been apprised and legally aware of the presence of endangered sturgeon—federal studies are part of the relicensing record here. Liability is spelled out under the Endangered Species Act. A single act of interference with a federally endangered sturgeon carries a penalty of $49,000 and possible jail time. Those dam settings resulted in grim biological conditions at a time FirstLight should have been exercising utmost care: this was in the midst of their providing experimental flows from the dam to fulfill license requirements for migrating shad while meeting sturgeon spawning needs.

This December, FirstLight reregistered their Northfield and Turners Falls facilities in a series of tax-sheltered, limited liability corporations in the State of Delaware. As a venture capital firm, parent-owned by the Treasury Board of Canada, they’re seeking a new federal license to operate on this U.S. River in our Commonwealth for decades to come. This critical reach should not become a cash-cow playground for corporate shareholders or joyriding rafters. It’s time to celebrate the shortnose sturgeon, and time to let a river heal.

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.