Advocates seek extension for FirstLight public comments

By JULIAN MENDOZA

Staff Writer

Published: 05-03-2023 2:39 PM

TURNERS FALLS — The Connecticut River Conservancy is requesting an extension of the public comment period for FirstLight Hydro Generating Co.’s relicensing after the Federal Energy Regulatory Commission (FERC) requested further information.

FirstLight, which previously submitted its Amended Final License Application to FERC for a new 50-year license, has three facilities up for relicensing. Those facilities — the hydro-pump facility at Northfield Mountain and two hydroelectric dams in Turners Falls — have been criticized by environmental advocacy groups for their impact on fish, the Connecticut River and surrounding environment.

One section of the comprehensive settlement that is perhaps most controversial — the Flows and Fish Passage Settlement Agreement — was signed and submitted to FERC by the March 31 deadline. It commits $152 million toward environmental protection upgrades at FirstLight’s facilities.

In a “Notice of Settlement Agreement” on April 7, FERC set a May 7 deadline for the public to file comments regarding the agreement. Then, on April 26, FERC issued a request for information related to the costs of the provisions included in the March 31 agreement and provided 15 days for FirstLight to respond. While the settlement details eight operational and environmental commitments, it does not provide cost estimates for these measures. FERC’s request can be viewed online at bit.ly/40UH9J2.

”FirstLight is confident in our ability to provide the information requested by FERC in the timeframe they provided,” FirstLight Communications Manager Claire Belanger said in a statement on Tuesday. “Should we require additional time for parts of our response, we will communicate that request to FERC.”

”Given the Commission’s request for additional information, Connecticut River Conservancy, a party to settlement negotiations, requests that the public comment period be extended 15 days past the date at which the applicant files the requested additional information,” Kelsey Wentling, a river steward for the environmental advocacy group, wrote in the letter to FERC. “Stakeholders and the public should have access to this critical information in order to fully consider and respond to the provisions in the settlement agreement.”

The Conservancy’s request can be viewed online at bit.ly/3VnBI4b. Instructions for how to submit comments, review comments and subscribe to notifications from FERC can be found at bit.ly/3HvOU1s.

Despite the official March 31 deadline for filing settlements, stakeholders remain optimistic that a comprehensive settlement agreement can be reached. While the Flows and Fish Passage settlement was finalized by March 31, those regarding cultural resources and erosion have not yet been completed. Most recently, on April 28, a final settlement regarding recreation was released by FERC. The 122-page document can be viewed at bit.ly/3VpmWda.

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”We remain in active collaboration with stakeholders to reach agreement on cultural resources, recreation and erosion,” Belanger wrote. “We are grateful for the significant time and resources dedicated by our partners throughout this process and are confident that the resulting agreements will reflect that hard work.”

Vince Yearick, director of FERC’s Division of Hydropower Licensing, stated in a January letter to FirstLight that FERC would delay submitting its Ready for Environmental Analysis (REA) notice until May 31 to “provide time for the licensing participants to finalize the settlement agreement(s).” According to federal law, REA notices are public notices required by the Federal Power Act that are issued “when the commission has determined that the application meets the commission’s requirements” and once “deficiencies in the application have been cured and no other additional information is needed.”

Montague Town Administrator Steve Ellis said any stakeholder that doesn’t sign onto the settlement retains a right that allows them to petition relative to the agreements during a final review process that occurs for one year following commencement of REA notification. He said he is unsure what the efficacy of this advocacy may be, but that it could vary based on the nature of the topic and strength of the arguments.

Reach Julian Mendoza at 413-930-4231 or jmendoza@recorder.com.

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