The board determined that US utility PacifiCorp’s Ashton and Cutler projects, along with the Messalonskee Stream Hydro Associates' Oakland, Rice Rips, and Union Gas hydro projects met the LIHI Certification Criteria.
In reaching its decision to certify the Cutler Hydroelectric Project on the Bear River, the board reviewed the application for certification, as well as the Application Reviewer’s report. The Board’s vote to certify the project was unanimous and certification for five-years was approved on condition that the Utah Division of Wildlife Resources validates that flows released by the project are adequately protective of fish, wildlife, and water quality.
With regards to the Ashton Project on the Henry's Fork of the Snake River in Idaho, the board’s vote to certify the project was also unanimous and was issued for five years under the following conditions:
• 1. Because there are questions regarding flows and water quality associated with the Dam Remediation Project, the Board imposed non-standard conditions similar to those included in the Consent Order established for the remediation work. The applicant will provide LHI with notifications of events that include: a letter notification within two weeks, of drawdown and other potential sedimentation causing activities which are required to be provided to the IDEQ within 24 hours; and a letter documenting any sedimentation events that required implementation of the Best Management Practices (BMPs) under the Consent Order.
• 2. The Project's Water Quality Certificate is dated 1985, and there is no quantitative data to document compliance with quantitative water quality standards. However, the fisheries are very healthy below the dam, which in part, suggests that water quality in the waters downstream of the Project is good. As a result, LIHI requires the following second set of conditions:PacifiCorp shall provide LIHI, a copy of the same documents submitted to the IDEQ, and on the same schedule, as required under the Water Quality Monitoring Plan of the Consent Order established with the IDEQ; PacifiCorp shall provide LIHI a letter from the IDEQ, attesting to PacifiCorp's compliance with requirements of the Consent Order, within 3 months of each filing made to the IDEQ; Within two years of certification, documentation is submitted to LIHI showing agreement has been reached with the IDEQ on a water quality testing regime, to be implemented at the conclusion of the Remediation project, demonstrating that quantitative water quality standards are being met for parameters potentially impacted by Project activities in the reservoir and downstream: and not later than 18 months following completion of the Remediation Project, PacifiCorp shall submit to LIHI, the data showing that these quantitative water quality standards are indeed being met, with confirming letter from IDEQ.
The effective certification date for both the Cutler and Ashton hydroelectric projects is December 31, 2009 and will expire on December 31, 2014.
LIHI certification for the three Messalonskee hydroelectric projects was granted for a five-year term beginning on May 9, 2010, with the following Project Specific Conditions:
• Condition 1: Within 18 months of the date of issuance of the LIHI certifications for the Union Gas, Rice Rips and Oakland facilities, the applicant shall present to LIHI a copy of an agreement with the Maine Department of Marine Resources and the U.S. Fish and Wildlife Service (“agencies”) in which the applicant and agencies have reached agreement on the final design, construction, operations and maintenance of safe, timely and effective upstream and downstream passage for American eel at the Union Gas facility. This agreement shall include a date to initiate construction of the required upstream and downstream passage that is no later than 12 months after the date on which the agreement has been approved by FERC as a license amendment.
• Condition 2: Thereafter, and in the event that upstream and downstream passage for American eel becomes operational at the Automatic project (the hydropower facility immediately upstream of the Union Gas project which is not owned by the applicant) during the term of this certification, no later than 18 months following installation at the Automatic facility, the applicant shall present to LIHI a copy of an agreement with the Maine Department of Marine Resources and the U.S. Fish and Wildlife Service (“agencies”) in which the applicant and the agencies have reached agreement on the final design, construction, operations and maintenance of safe, timely and effective upstream and downstream passage for American eel at the applicant’s Rice Rips and Oakland facilities. This agreement shall include a date to initiate construction of the required upstream and downstream passage that is no later than 12 months after the date on which the agreement has been approved by FERC as a license amendment.
