FPL has said it would rather surrender its federal license to generate power rather than build a fish lift costing US$4M. FPL told the government that there are no affordable options to provide a permanent fish-passage system for the dam.

FERC has said it will not act on the application for license surrender at this time. Instead, it directed FPL to initiate discussions with the other parties with an interest in the dam regarding fish passage alternatives that would allow continued operation.

Under the terms of a 1998 Agreement, FPL Energy is required to provide fish passage by either a fish lift or dam removal.