NOTE: below is 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 ...

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"Karl Meyer Writing Blog" - 5 new articles

  1. Intervening for the Connecticut River Ecosystem
  2. Connecticut River banks collapsing at critical shortnose sturgeon spawning ground
  3. STILL ENOUGH WATER IN THE DEERFIELD RIVER FOR FISH?
  4. INSIDE A FERC LICENSING PROCESS: the Federal Energy Regulatory Commission and the State of the Connecticut River in Massachusetts
  5. Who is protecting New England’s Great River??
  6. More Recent Articles

Intervening for the Connecticut River Ecosystem

NOTE: below is 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.

 


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

    

Connecticut River banks collapsing at critical shortnose sturgeon spawning ground

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

 


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.

The Connecticut River banks above the Rock Dam pool–the only documented natural spawning site in the entire ecosystem for the federally endangered Connecticut River shortnose sturgeon, are collapsing and discharging polluting silt and what has been noted as a red, oxidizing leachate of manganese which is now entering the fragile habitat . Several sink holes, 4 and 5 feet deep have also begun showing up in the last three years atop the eroded trails leading to this ancient fishing area. They are inhabited by still-living, sunken hemlock trees. In other places, large trees are toppling.

These site are subject to the conditions in the current Federal Energy Regulatory Commission licenses P-1889, and P-2485, governing the operations of the Turners Falls Dam/Power Canal/Cabot Station, and the Northfield Mountain Pumped Storage Project. Both of these projects are currently the subject of FERC relicensing. They fall under the protections of the Clean Water Act and the Endangered Species Act.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.

NOTE: the Rock Dam pool and the pollution entry site are pictured in several photos. A tape measure draped across the red chair in these photos measures 5-feet across, for some perspective.

The apparent eroding water source for these collapsed banks is the outer curve of the ballooning Turners Falls power canal, just 200 feet away, at this site just few hundred yards north of the Silvio O. Conte Anadromous Fish Research Center. The last time the canal was fully mucked out and examined at this site was 2009. Note the photos from that year of heavy machinery in the canal.

Photo copyright © 2019, by Karl Meyer. All Rights Reserved.

The rate of collapse of these banks has increased dramatically this year, with two area gashes of 8 feet, and 25 feet across, falling away into a widening gully that feeds this silty pollution directly into the cobble, rubble, and sands that are the critical spawning and nursery habitat of the shortnose sturgeon, this river system’s only federally-endangered migratory fish. The maintenance of these banks has long been the responsibility of FirstLight Power, operators of the Turners Falls Dam, power canal, and of the violently disruptive peaking operations of the Northfield Mountain Pumped Storage Project, 9 miles upstream.

Photo copyright © 2019, by Karl Meyer. All Rights Reserved.

In the photo below are those same canal banks filled with thousands of cubic yards of muck, left un-shoveled and uninvestigated, where they bow out, adjacent to the collapsing banks above the Rock Dam site. It was taken during this year’s canal draw-down in the first week of October 2019. That muck, adjacent to those leaching/collapsing banks, was again not removed this year. That hasn’t occurred in a decade, since 2009.
Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.


Photo copyright © 2019, by Karl Meyer. All Rights Reserved.

    

STILL ENOUGH WATER IN THE DEERFIELD RIVER FOR FISH?

Still enough water for fish in the Deerfield River?

 

Text and photos Copyright © 2019 by Karl Meyer. All rights reserved.

(Click 3 X to enlarge)

Rivers are the central arteries of ecosystems. When a river is damaged or broken—anywhere from its headwaters to its mouth, that system withers; its aquatic life falters.

Just above the mouth of the Deerfield River are the few miles of a reach known as by many as Stillwater. It’s the home of trout, bass and other resident species, as well as hosting several migratory species during and spring, summer and early fall. The weeks from late spring through summer are critical for fragile young-of-the-year fish in these reaches. They are the progeny that will carry-on and replace future generations of aquatic life.

For hundreds of years the fertile lands on both sides the Deerfield River south of Deerfield Academy have been cultivated for life-giving crops—corn, squash, onions, etc. Like the fish that historically fed generation upon generation of Deerfield denizens going back to the first planters, the Pocumtuck, these fields produced life-giving crops. They were crops that grew well in the moist, fertile soils of southern New England–in harmony with this climate’s ample supply of annual rainfall.

But the Deerfield crop profile has changed drastically along those last miles of the river. Though corn is still significant, and big fields of pesticide-ready potato plants are still planted today, there are now hundreds of acres devoted to throw-away, one-time use annual flower cultivation—as well as roll-away turf farms that cart away that local “crop” to unknown developers and developments. These new plantations of intensively water-hungry crops have started dominating the bottomland meadows here over the last 15 years. Today, an energy intensive marijuana growing facility will soon locate in the meadows, also looking for a constant water supply.

What these new boutique crops have in common, besides depending on migrant workers to manage them under the intense summer sun, is massive irrigation. Miles of over-, under- and above-ground piping now dominates the landscape—pumper trucks and self-propelling sprinklers sucking up arcs of water from the lower Deerfield River like it was California’s Central Valley. This is occurring near its intersection with the Green River, and just two miles from the Deerfield’s confluence from the Connecticut–the outlet back to the sea for all migratory fish.

This suctioning is happening in the heat of the summer months, when eggs and young of fish are developing in those shallow, low-flow Stillwater reaches. How much water is being taken from the river at these critical times? How many fish are being inhaled? How do these withdrawals affect the river’s temperature at a time when fragile young need to feed? Rivers and their aquatic life belong to everyone.

Is anyone monitoring this ever-increasing siphoning of flow from the Deerfield River?

All photos Copyright © 2019 by Karl Meyer. All rights reserved.
(Click 3 X on any of the photos below for a broader view.)



    

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

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

    

Who is protecting New England’s Great River??

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.

    

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