Dam Relicensing Puts Power Companies in the Driver’s Seat
» In 2000, the Federal Energy Regulatory Commission created a new process for relicensing hydropower dams that was meant provide greater opportunities for public participation. But Upper Chattahoochee Riverkeeper has found that, in the end, relicensing decisions are entirely dependant on the willingness of dam owners to work collaboratively with stakeholders. A power company that cares little about engaging the public in a meaningful way can neglect stakeholders and, apparently, get away with it.
The first use of the new FERC Integrated Licensing Process began in 2004 when Georgia Power applied to renew the Morgan Falls Dam. Georgia Power has operated Morgan Falls Dam on the Chattahoochee River in metro Atlanta for more than 100 years. Upper Chattahoochee Riverkeeper, along with the watershed protection group American Rivers, became actively involved as a stakeholder. The Integrated Process had never been used before, there were no precedents to follow. We soon learned that Georgia Power was determined to set the bar very low, ignoring the collaborative intent of the Integrated Process.
The situation was paralyzing. Georgia Power allowed little public comment at most of the meetings. They refused to provide any information beyond the absolute bare minimum required by the new process and repeatedly rejected requests for additional meetings. It soon became clear that the Integrated Process provides the opportunity for public input and notification, but not the requirement.
All of the stakeholders in the process were concerned about the extensive sedimentation and siltation in the lake behind Morgan Falls Dam. The U.S. Fish and Wildlife Service, the National Park Service and Upper Chattahoochee Riverkeeper asked Georgia Power to conduct studies to address these concerns. The Department of the Interior filed a dispute forcing FERC to convene an expert panel to resolve questions about two studies. The panel agreed and compelled Georgia Power to add a sediment contamination study. But on April 11, 2006, FERC announced that no new studies were necessary, completely disregarding the findings of the panel.
Upper Chattahoochee responded by partnering with the Fish and Wildlife Service to conduct the sediment contamination study ourselves. For less than $6,000 we were able to accomplish what Georgia Power and FERC refused to do. In the end, the National Park Service, Fish and Wildlife Service and Upper Chattahoochee Riverkeeper were able to tentatively negotiate a fairly robust package with FERC and Georgia Power to mitigate impacts of the dam on the river. But with the FERC renewal license now pending for Georgia Power, the Integrated Licensing Process proves to be a failure. Stakeholders had relied on FERC to ensure a fair and equitable process based on scientific data. Ultimately, FERC must put some teeth into their new Integrated Licensing Process to protect the public, or go back to the drawing board.
License to Dam
FERC, the Federal Energy Regulatory Commission, licenses non-federal hydropower projects, dictating how such projects will be constructed, operated and maintained. These licenses determine how dam owners manage river flows to meet energy generation needs and other uses. A license has a term of 30 to 50 years, at the end of which the dam owners must apply for a renewal. At that point, the public has the opportunity to influence the process. Meaningful citizen participation can help ensure that licenses will protect and restore fish and wildlife resources, recreation and water quality of
the rivers affected by these projects.
Morgan Falls Dam, Atlanta, Georgia