Our annual lecture, Raptors Up Close, was a great hit. We had about 150 folks attend this informative presentation by VINS. .
HISTORIC Newsletters
Archived Newsletters
Spring 1999-Fall 2012
Press release from the Friends of Green river Reservoir
Future of Green River Reservoir Secure for Now
The recent announcement that Morrisville Water & Light intends to cease operation of the Green River Reservoir hydroelectric facility has raised concerns about the fate of the reservoir and of Green River Reservoir State Park.
However, the Friends of Green River Reservoir, a nonprofit dedicated to preserving the wildlife habitat and natural beauty of Green River Reservoir State Park, does not believe that the decommissioning of the hydro facility, or any potential changes in ownership of the dam, pose a threat to the immediate future of the reservoir.
“Green River Reservoir State Park is a special place that is beloved by paddlers, campers, and everyone who loves wilderness and wildlife,” said Sally Laughlin, chair of the Friends of Green River Reservoir. “We have been following the dam relicensing process closely and do not believe that this latest proposal by Morrisville Water & Light to stop generating hydroelectricity at the dam is a cause for concern. The dam can still operate and maintain water levels on the reservoir whether it is generating electricity or not.”
In a statement to WCAX news, the Vermont Agency of Natural Resources, which regulates Vermont’s dams and owns and operates the state park, reaffirmed its commitment to the value of the reservoir, stating it has “every intention of maintaining Green River Reservoir State Park and access to this remarkable land.” The Agency is awaiting the results of a safety study on the Green River Dam that was commissioned by the Vermont legislature, with a final report anticipated this autumn.
The reservoir became a state park in 1999 when The Nature Conservancy purchased 5,503 acres from Morrisville Water & Light and transferred the property to the Vermont Department of Forests, Parks, and Recreation.
Laughlin pointed out that the 653-acre reservoir is one of the largest bodies of water in Vermont with an undeveloped shoreline and provides crucial habitat for a variety of wildlife. The reservoir hosts a thriving population of nesting loons, along with songbirds, moose, otters, yellow perch, and many other species that Vermonters and visitors enjoy.
This is an update from the Friends of Green River Reservoir (FGRR) Board and the Chair of our Dam Committee, Michael Wickenden, on the latest development regarding the long-term process of federal recertification of the dam owned by Morrisville Water and Light (MWL). The dam creates the reservoir which is the center of the Green River Reservoir State Park.
On March 12, 2024, MWL notified the Federal Energy Regulatory Commission (FERC) that it has, “decided that it cannot operate the Green River Development under the terms of the 2016 Water Quality Certificate”. MWL goes on to state that they plan to submit an application to “surrender the [license for operating] the Green River Development”, and to, “provide a timeline to both cease generation and perform all the necessary work to disconnect the generation from the electrical grid.”
“Surrender the Green River Development License” has a unique definition when used in the context of federal hydropower project regulation. One can obtain an easy to read FERC guide at this link: https://www.ferc.gov/administration-and-compliance/how-surrender-license-or-exemption
The Friends of Green River Reservoir Board has been in contact with MWL and confirmed that MWL’s plan to “decommission the project” will leave the project features (dam and spillway, current practice of water level management, and flood management capabilities) in place for continued use. The only proposed change will be the elimination of the hydro generation component. Thus, no negative impacts are anticipated to the continued operation of the Green River Reservoir State Park.
As noted in the FERC Guide, there is a well-defined process for review and comment by all concerned and potentially affected parties. The FGRR Board will continue to actively participate in this licensing process and is reaching out to the state agencies that will be called on to review and comment on MWL’s proposed application. Estimates are that the completion of the application could take up to five years.
The FGRR Board will be hosting a Zoom seminar led by Anthony Iarrapino, Esq., focused on the “surrender process.” If you are interested in joining, please email webmaster@fgrrvt.org to obtain the zoom link, subject line Dam Webinar. We will also email members a notice, a month in advance, once the date is set.
For the history of the dam recertification process, see the FGRR website at https://www.fgrrvt.org/ for our postings going back to 2016 in the News and Events section.
The Dam News by Michael Wickenden April 2023
The short story is all good news in that there is nothing on the immediate horizon that will negatively affect our 2023 Green River State Park summer paddling or camping. In addition, Morrisville Water and Light (MWL) continues the hard work to preserve this unique and special place for people to enjoy for generations to come.
The decade long legal issues associated with MWL’s re-licensing of the Green River Hydroelectricity facility by the Federal Energy Regulatory Commission (FERC) continues to be like a complex spider web yet to be unraveled. There are currently two main issues; (1) a dam safety study required of MWL by the Federal Energy Regulatory Commission (FERC) and, (2) a February 2022 MWL application to FERC requesting amendments to MWL's original application for re-licensing. (You can read MWL's request HERE.)
The Friends “Fall News Letter” described the State of Vermont’s allocation of $350,000 for a study of the Green River Reservoir Dam to more fully understand the short and long-term benefits and costs of state ownership of the Green River Reservoir dam and dike. That study has been delayed due to the State's difficulty in selecting contractors. MWL plans to work closely with the selected contractor(s) and provide additional study elements to meet the more specific MWL FERC dam safety study requirements. Unfortunately, the timeline for the conclusion of that project now looks to be extended due to the state’s difficulty in securing contractor(s). That delay may likely push out the FERC’s ability to review and approve MWL’s new 30 year operating condition until 2025.
This projected lengthy delay in the implementation of new water quality standards, due to concerns raised by MWL of the dams long-term ability to operate safely under those standards, has raised questions at American Whitewater, VT Natural Resource Council, and VT Council of Trout Unlimited; organizations that participated in the legal process that resulted in the newly proposed and approved operating conditions. In a March 7, 2023 joint letter to FERC, they requested a technical conference to discuss altering the interim license conditions to match the 2016 Agency of Natural Resource (ANRC) proposal that was upheld by the State’s Environmental Court and the State’s Supreme Court. Their letter questions the basis for the implementation delay, citing that MWL management reported that this winter’s reservoir limits were kept at full capacity. I am unaware if FERC has responded and scheduled that technical conference. (You can read the letter requesting a technical conference HERE)
Lastly, FERC has formally notified MWL that their February 15, 2022 application to amend MWL’s original Hydroelectric Project remains incomplete. ( FERC's letter is available HERE) FERC set a 90 day deadline (May 1, 2023) for supplemental information. The Friends note that MWL’s application was filed prior to the hiring of MWL’s new General Manager, Scott Johnstone. Thus, it appears likely that MWL’s more than year long delay in filing amendment details reflects a change in their strategic planning away from a model that results in decommissioning of the dam, to a model that seeks economic partners to accomplish the long-term goals of reservoir preservation and continued clean and renewable hydroelectric energy production.
UPDATE ON THE DAM by Michael J. Wickenden
Article in the fall newsletter 2022.
In July, Morrisville Water and Light (MWL) announced that Scott Johnstone is their new General Manager (GM). MWL’s website states that, “Johnstone is a civil engineer with a strong leadership and managerial background. He previously served as Secretary of the Agency of Natural Resources, Director of Public Works for Burlington, Executive Director of the Vermont Energy Investment Corporation and more recently the New England Energy Market Leader for VHB.”
The MWL 2022 Summer Newsletter contained an “Green River Hydro Update” that describes MWL and their new GM’s priorities. It states that “Importantly, MWL and all concerned parties greatly value the Green River Reservoir, the experience it provides visitors, the wildlife it sustains and the wonderful state park it houses. All agree that the reservoir should remain.” It goes on to note that MWL is, “actively working with the State and other parties to find the best way to preserve this unique and special place for people to enjoy for generations to come.”
The FGRR Board is encouraged by MWL’s choice for General Manager and their increased focus on collaboration and reservoir preservation. The following paragraphs describe ongoing regulatory issues that look to play-out in the next two years.
In early September, the FGRR Board reviewed a copy of FERC correspondence to MWL concerning MWL outstanding activities and regulatory obligations relating to the GRR Dam. The Board is actively reaching out to MWL’s administration to gain a better understanding of the content of some of MWL’s referenced filings, and their plans to address “technical report” FERC established deadlines.
On September 29, Vermont’s Agency of Natural Resources (ANR) formally posted a “Request For Proposal” (RFP) to explore short- and long-term benefits and costs of State ownership of the Green River Reservoir dam and dike. The closing date to submit a bid is October 26, and the estimated dollar value is $350,000. More RFP details are available at https://www.vermontbusinessregistry.com/
In a separate communication to the FGRR, Stephaine Brackin, the Communication Coordinator for the ANR, states that, “The goal [of the State’s $350,000 investment] is to be able to present more information to the legislature in calendar year 2024. (It will take some time for the final report to be finalized).” In addition, she states, “According to DEC (Department of Environmental Conservation), through the upcoming RFP, we are striving to coordinate with MWL to complete work to help satisfy both of our objectives.”
Bill Bartlett was a cofounder of the Friends of Green River Reservoir, an extraordinary person who will be greatly missed and whose contributions to Vermont's environmental quality will live long after him.
Below is the obituary for Bill.
Bill Bartlett, 77 years old, died peacefully at home on August 20, 2022. While he knew that his neurological disease would eventually win, he fought it full on for many years with his determined commitment and vigor. He died with the grace, integrity and peace with which he lived his life.
Bill’s commitment to keeping Vermont waters clean was much of his life’s work. He was the head of the Water Resources Board for many years during which it helped establish and implement many of the clean water regulations that safeguard swimming, fishing, boating, and biological integrity in Vermont's rivers and lakes. Upon retirement, Bill continued his clean water campaigning as “Citizen Bartlett”, the man who generously gave of his volunteer time to testify before many legislative committees to educate, inform and suggest to members ways to keep our precious resource of water, clean and pure. He was respected for his knowledge and his integrity, notably by those who didn’t agree with his positions. He was also a valued sounding board and mentor for many in the community of clean water advocates.
In the mid 1990’s, Bill was a founding member of The Friends of Green River Reservoir and for almost 50 years paddled those waters and camped on those islands with fervent reverence for the beauty of its wilderness-like qualities. During the last few years of his life, friends would take him out for a paddle and a picnic.
Bill graduated from the University of Vermont, where he met Susan, his future wife. He served 2 terms in Vietnam and then returned to Vermont, graduate school at UVM and marriage to Susan. He had a Masters in Geography and loved maps. Surprisingly, to Susan and his paddling and skiing friends, with the exception of up and down, he had no sense of direction.
Bill loved to garden and over the many years at their home, the property has become a delightful, quiet place with many bird and insect friendly plants and trees.
As is fitting, there will be a celebration of Bill’s life at Bartlett Pair Farm, 186 Pair Farm Lane, Hyde Park, VT on Saturday, October 8 from noon to 2 PM. This is a rain or shine, outdoor but under cover event. If you have mobility issues, we will be in a garage and on hard packed surfaces, so very accessible. Please dress according to the weather.
In Bill’s memory, please consider donating to any of the following organizations: Conservation Law Foundation, Vermont Natural Resource Council, Vermonters For A Clean Environment and the Friends of Green River Reservoir.
The recording of the webinar held May 10th, 2022 on the future of the Green River Reservoir, is available HERE.
The Future of the Green River Reservoir. Webinar May 10th, 7 p.m.
Register HERE.
The Friends of Green River Reservoir and The Nature Conservancy in Vermont are hosting a webinar to talk about the future of Green River Reservoir and to answer your questions. Morrisville Water & Light has taken steps to apply for permission from the federal government to decommission the hydro facility, which could potentially result in the removal of the dam and the draining of the reservoir. The State of Vermont and the Vermont conservation community are working together to protect the reservoir and the surrounding state park for the ecological and recreational values they hold. This webinar will be a panel discussion from members of state government and conservation organizations.
Panelists:
Julie Moore, Secretary, Vermont Agency of Natural Resources
Michael Snyder, Commissioner, Vermont Department of Forests, Parks & Recreation
Heather Furman, State Director, The Nature Conservancy in Vermont
Jon Groveman, Policy and Water Program Director, Vermont Natural Resources Council
Sally Laughlin, President, Friends of Green River Reservoir
Anthony Iarrapino, General Council, Friends of Green River Reservoir
Moderator:
Tom Rogers, The Nature Conservancy in Vermont and Friends of Green River Reservoir
WEBINAR PANEL ON THE STATUS OF THE GRR DAM
Tuesday 10 May 2022, 7 pm – Save the date!
Dear Members of Friends of Green River Reservoir:
The Webinar we are holding on 10 May 2022 at 7 pm will give you more information on all this – save the date! Meanwhile, the FGRR Board is writing to update you on what has been going on behind the scenes with Green River Reservoir, and to let you know we have been busy this winter working to protect the future of the park. If you have not yet read our opinion piece published in November, we suggest you start there for background information on the status of the dam and the reservoir and also check the other updates posted on our website as mentioned below: see http://www.fgrrvt.org/news-events
Over the past several months, FGRR Board Members have met with fellow environmental groups, local state legislators, leaders at the Vermont Agency of Natural Resources, and representatives from the offices of Representative Welch, Senator Leahy, and Senator Sanders to discuss the future of the reservoir. All parties are in alignment with the position that the dam should be maintained in a safe manner that preserves the reservoir for the benefit of both people and wildlife.
While Morrisville Water & Light has announced their intention to decommission the dam, they have not yet filed a request to decommission the dam with the Federal Energy Regulatory Commission (FERC), the federal agency that regulates hydroelectric dams. MWL's most recent action (15 February 2022) was to apply to FERC to separate the Morrisville and Cady's Falls dams into one license application and the Green River and Elmore dams into another (see FGRR website for the full application). While this is NOT a proposal to decommission Green River, it is an administrative precursor step in that direction, and deserves close attention as to what comes next.
If MWL chooses to follow that route, the process to decommission a dam is lengthy, involving state and federal permitting and a public input process in which our organization would seek formal party status at FERC, among other steps to protect the habitat and recreational opportunities provided by the reservoir. We don’t anticipate that the State would ever support such a move by MWL. The Board continues to retain the services of environmental attorney Anthony Iarrapino, who keeps us apprised on legal developments in MWL’s relicensing process at FERC and related federal litigation by MWL.
Meanwhile some very good news: Governor Scott’s budget adjustment for the current fiscal year includes a $350,000 appropriation for a dam safety study for Green River Reservoir. Thanks to strong support from our Lamoille County legislative delegation - Rich Westman in the Senate and Dave Yacovone in the House - the bill has been passed by both House and Senate and signed by the Governor. Thanks to the Governor, Rich, and Dave for this support!
Senator Westman says “We all have a role to play in protecting Green River Reservoir for the long haul. The state park is a jewel, and we need to know the dam is safe. Having the state financially involved in the dam safety study ultimately will move the relicensing issue forward, and that is a move in the right direction.” The study also could be the first step in transferring the dam to the state and/or another utility who would continue to operate the dam and preserve the reservoir.
To get all the facts on the table, FGRR is holding a Zoom webinar Tuesday 10 May at 7 pm with Secretary Julie Moore, head of the Vermont Agency of Natural Resources; members of the FGRR Board; environmental attorney Anthony Iarrapino; representatives from The Nature Conservancy; and Jon Groveman of Vermont Natural Resources Council. This will be a detailed discussion on the current status and future of the dam and the state park. We will send the link to all members the week before the event, giving all of you interested an opportunity to take part.
Sincerely,
Sally Laughlin, President, Friends of Green River Reservoir Board
Green River dam, reservoir remain in limbo. Click HERE to read article in the News and Citizen by staff writer Aaron Calvin. 2/3/22
Richard Westman: Scott puts Green River Reservoir dam study in budget recommendations. Click HERE to read tis opinion piece in the News and Citizen published 1/13/22
Grey Hagwood: The Future of the Green River Reservoir is at Stake. Grey is the chair of the Vermont Council of Trout Unlimited. Click HERE to read this commentary in Vermont Digger, published 12/19/21.
November 2, 2021, Op-Ed
Working Together to Protect Green River Reservoir
Green River Reservoir is a unique treasure that deserves to be protected and enjoyed. It provides an opportunity for generations of visitors to experience a wild and beautiful place in Vermont and serves as important habitat for wildlife, from fish to loons to moose.
In recent years, the fate of the Green River Reservoir Dam – and thus the reservoir itself – has appeared uncertain. As a result of this uncertainty, there have been a myriad of conflicting reports, misinformation, and potentially misleading claims circulating.
Morrisville Water & Light, the utility that operates the dam, has recently fought in court against the implementation of federal and state regulations designed to maintain a healthy ecosystem. The regulations would require them to install updates to the hydro facility and to change how they regulate water flows. Morrisville Water & Light claims that complying with the regulations would not allow them to generate hydroelectricity at a competitive price.
In Morrisville’s 2020 Annual Report, they state, “The conditions being imposed by the VT ANR will compromise the Green River Reservoir dam’s ability to operate safely and our ability to generate renewable power and revenue from the facility. [We] cannot and will not operate the Green River Dam at a loss for the next 30 years.”
However, there has been a concerning lack of transparency and documentation from Morrisville Water & Light in making these claims. They have not presented any financial analysis to the public that backs up this dire financial forecast. We do not know, for example, the estimated costs of the removal of the dam and how that would compare to the cost to continue to generate electricity from the facility. We also do not know how they are anticipating potential changes to electric rates with increased future demand for renewable electricity to accomplish Vermont’s goal of meeting 90 percent of the state’s electricity needs with renewables by 2050, and from more people driving electric vehicles or installing heat pumps in their homes.
The Friends of Green River Reservoir is a nonprofit with roughly 500 members that is dedicated to protecting the reservoir. In 2019, we offered to help fund an economic study of the dam, but Morrisville Water & Light has not acted on our offer and no independent study has yet been conducted. We strongly believe that without a credible, independent financial analysis, there is no way for Morrisville Water & Light management, their electric ratepayers, and the public to make an informed decision about this important issue.
Morrisville Water & Light has stated that it “will continue to work with lawyers to determine a path forward.” During this dam relicensing process, the utility has spent a multiyear total of $1,158,788 of ratepayer money on lawyer’s fees and other expenses as part of their effort to oppose these changes. Much of that money could have instead been invested in the hydro facility to make the necessary updates that would have produced additional hydroelectricity using low-flow conditions and to help bring it into compliance with current clean water regulations.
Despite some conflicting reports and petitions circulating around the issue lately, we do not anticipate any changes to the operation of the dam in the immediate future. If Morrisville Water & Light is truly committed to decommissioning as it's best option, it needs to pursue the decommissioning method that does the least damage and alteration to the ecosystems that have grown up at the reservoir and to the existing uses of the reservoir for non-motorized recreation. Decommissioning of the dam will take federal and state permitting, financial analysis and public input - perhaps taking years to resolve. Turning the dam over or selling it to the State of Vermont would also be a long and involved process, and to date this option has not been publicly discussed in any formal way.
Morrisville Water & Light is required to provide the federal government with an Independent Dam Safety Study by May of 2022, a request that has been outstanding for several years. The Friends of Green River Reservoir looks forward to the study’s publication and will continue to do our best to be a leader in the preservation of the Reservoir to bring all parties together for a favorable outcome. We hope that the release of this study ushers in a new era of cooperation with stakeholders and transparency to ratepayers, as we all work together to protect this wild and extraordinary gem.
Milford Cushman
Co-Founder and V.P. Friends of Green River Reservoir
FGRR Board’s Statement on the current situation- 10/31/21
In recent years, the fate of the Green River Reservoir Dam has appeared uncertain. The federal Clean Water Act requires Vermont’s Agency of Natural Resources to adopt and implement regulations that are designed to protect and improve habitat for fish and other organisms. These regulations are approved by the federal Environmental Protection Agency and enforced by the Vermont Agency of Natural Resources (ANR) for all dams statewide at the time of their relicensing by the Federal Energy Regulatory Commission (FERC). Compliance with these regulations compels Morrisville Water & Light to install updates to the Green River Reservoir Dam and to change how they regulate water flows.
Morrisville Water & Light claims that these changes would make generating hydroelectricity economically unfeasible and has fought the changes in court. In Morrisville’s 2020 Annual Report, General Manager Penny Jones states, “The conditions being imposed by the VT ANR will compromise the Green River Reservoir dam’s ability to operate safely and our ability to generate renewable power and revenue from the facility. MW&L cannot and will not operate the Green River Dam at a loss for the next 30 years.”
The Board of the Friends of Green River Reservoir is concerned about Morrisville Water & Light’s lack of transparency and documentation throughout this process. They have not presented any financial analysis to the public that backs up their claim that these changes would make them operate at a loss. In 2019, the FGRR offered to help fund an economic study of the dam and the projected additional cost of operation with the new conditions, but MWL has not acted on our offer and no independent study has yet been conducted. We strongly believe that without a credible, independent financial analysis available to their electric ratepayers and to the public, there is no way to determine the accuracy of Morrisville Water & Light’s dire financial forecast.
Penny Jones has stated that Morrisville Water & Light “will continue to work with lawyers to determine a path forward.” During this dam relicensing process, Morrisville Water & Light has spent a multiyear total of $1,158,788 of ratepayer money on lawyer’s fees and other expenses as part of their effort to oppose these changes. Much of that money could have instead been invested in the dam itself to make the necessary updates that would bring it into compliance with current clean water regulations.
While these multitude of legal issues remain unresolved, we do not anticipate any changes to the operation of the dam in the immediate future. Morrisville Water & Light is required to provide FERC with an Independent Dam Safety Study by May of 2022, a request that has been outstanding for several years. We look forward to the study’s publication, and hope that ushers in a new era of cooperation with stakeholders and transparency to ratepayers as we all work together to protect Green River Reservoir. Our goal is a shared understanding of where we are.
August 2021 Green River Reservoir Dam Update
On July 8th the Federal Energy Regulatory Commission ( FERC) posted a “NOTICE OF CONFERENCE CALL”, scheduled to take place August 25, 2021 at 10 a.m. Eastern Time. That notice can be found HERE. The call is open to the public (interested parties). Preregistration deadline is August 23, 2021 and is required by either an email to Stephen.kartalia@ferc.gov or by contacting Steve Kartalia at (202) 502-6131.
The FERC notice is in response to a May 24, 2021 filing by Paul. V. Nolan Esq., an attorney representing MWL. That filing is described more fully, and a link to the filing, can be found in FGRR’s July Dam update. The FERC notice contains information detailing the purpose of the conference call and a proposed agenda. In brief, MWL asked to receive guidance on the scope of a required engineering study of the Green River Dam’s structural integrity under the proposed winter water level drawndown limits. In part, MWL wanted to know if the report should include discussion of “possible modifications or remedial measures regarding dam stability.” In addition, MWL offered two (2) proposed amendments to the relicensing process. MWL’s pending application includes the relicense of four ( 4 ) hydroelectric dams, one of which is the Green River Reservoir Dam. The other three dams or “developments” are the Cady Falls Dam, the Elmore Lake Dam, and the Morrisville Dam. The first amendments would have FERC split the licensing process into two separate proceedings by separating the Cady Falls Development and the Morrisville Development from the Green River Dam Development. The second amendment would remove the Lake Elmore Development from any relicense proceeding because it is not “a storage or regulating reservoir that is useful for generation by any of the other developments.”
Members of the FGRR Dam Subcommittee are planning to participate in the August 25th call.
Green River Reservoir Dam Update - July 2021
The short story is that there will be no changes implemented to Morrisville Water and Light’s (MWL’s) operation of the GRR Dam while MWL continues to pursue multiple legal strategies. These legal pursuits seek to change or delay the implementation of the VT’s Agency of Natural Resources Water Quality Certification (WQC) requirements. VT’s WQC was filed in 2016 as a requirement of the Federal Energy Regulatory Commission (FERC) 30 Year Dam relicensing process. The current legal challenges are taking place at the Federal level and are not expected to be addressed until early 2022. Anthony Iarrapino, Esq., the Friends of Green River outside counsel, provides a review of MWL’s newly initiated legal appeals which can be found HERE.
As part of the relicensing process, FERC instructed MWL in September of 2016 to undertake an independent dam safety study that has two major objectives: 1. Dam Breach Assessment and Inundation Assessment, and 2. Engineering Analysis and Stability Analysis. Mr. Iarrapino review also addresses that project. Relevant material provided by MWL can be found HERE. To be clear, MWL is not asserting that the current dam is unsafe. The engineering analysis is focusing on potential dam safety conditions that MWL claims may result from the implementation of the ANR’s WQC.
On July 6, 2021, American Whitewater ( AW) and its affiliate club, Vermont Paddlers Club, submitted comments to FERC. In its comments, AW suggests that FERC issue the license without further delay and regardless of the pending MWL litigation in the Circuit Court. AW’s letter can be found HERE. However, given the initiation of MWL’s Dam Safety Study noted above, it seems unlikely that FERC would impose the drawdown condition without completing the ongoing due diligence into the safety issues that have been raised. In addition, given MWL’s recent litigious history, it is also possible that MWL would seek to challenge FERC's voluntary adoption of the relicensing conditions under federal law in which the necessity/advisability of those conditions would be opened once again for litigation. Once again, one step forward, and one step backwards!
Hope all are enjoying summer paddling at the Park!
Dam Update January 2021
As previously discussed (see July 2020 FGRR update), MWL had filed two petitions with the Federal Energy Regulatory Commission ( FERC) and was waiting for their responses. FERC’s recent responses are detailed below.
On November 19, 2020, FERC denied MWL’s petition for an order that would have voided ANR’s Water Quality Certificate affecting the Green River Dam on the basis that ANR failed to act on MWL’s initial application within the one-year timeframe allowed under the federal Clean Water Act. This denial means that the ANR’s final Water Quality Certification conditions will be incorporated into MWL’s license from FERC unless MWL chooses to appeal FERC’s decision in federal court. MWL general manager, Penny Jones, informed us that the MWL Trustees are considering their options.
On November 23rd, FERC’s Director, Division of Hydropower Licensing (DHL) directed MWL, once again, to provide responses within 60 days of 11/23/2020 to the information requests related to the safety implications of the 1.5 winter drawdown condition. MWL has yet to comply, but has instead stated that “[i]n light of the significant concerns with the safety of the Green Diver Development’s water retention features, and safety of the public and its operators, the Village on December 7, 2020 has requested a joint meeting with the Director of DHL and the New York Regional Engineer.” By email dated December 14, 2020, the Director of DHL, informed the Village that “FERC staff would need to wait until the rehearing period runs on the 11/19 declaratory order, and second that any such meeting would need to be noticed so parties [to the relicensing proceeding] could participate if they so choose.”
The FGRR Board will continue to encourage MWL to pursue alternative paths to the resolution of the economic issues surrounding the relicensing of the GRR hydro-facility. While MWL’s continuing pursuit of legal solutions delays the implementation of the new FERC license standards, it also presents barriers to participation on alternative solutions by the State of Vermont and other potential partners. In addition, while MWL devotes financial resources to fund this legal solution, it chooses to delay previously agreed to investments in efficiency improvements at the Green River dam. These efficiency investments would increase MWL cash flow through enhanced power generation. Perhaps it is time for MWL to move on.
VPR- On Going Legal Challenges Threaten the Quiet Waters of Green River Reservoir. Listen or read HERE
Protecting Green River Reservoir-a Statement from the Board. October 2020
Abundant opportunities for outdoor activity in state parks unquestionably helped Vermonters and our visitors get through this socially-distanced summer with some semblance of sanity. Green River Reservoir is the crown jewel of our state park system, annually affording nearly sixteen thousand campers and day users a place to commune with friends, family, fish, and fowl in a wilderness-like setting a short drive from some of Vermont’s most populous communities and popular tourist destinations. As a recreational resource and a critical wildlife habitat, the Green River Reservoir is one of Vermont’s most valuable assets whose preservation must be a state priority.
For more than 20 years, the nonprofit Friends of the Green River Reservoir has been the leading voice for protecting the wilderness-like character and wildlife habitat of the Green River Reservoir State Park while preserving its heritage and historical uses for future generations. Our organization was instrumental in the establishment of the state park, collaborating with the Department of Forest Parks and Recreation in developing the park’s Master Plan. Working with the town of Hyde Park, we helped write and implement viewshed protection standards that preserve the pristine vistas reservoir recreationists enjoy. Our members have contributed countless hours to designing park facilities ranging from parking areas and an ADA-compliant boardwalk to the award-winning composting outhouses, and to other programs that enhance the Green River Reservoir experience.
In recent years, the Friends have vigilantly followed the process to relicense the hydroelectric dam on the Green River that created the eponymous reservoir so many Vermonters have come to love. The dam is owned and operated by Morrisville Water and Light (MWL), a municipal electric utility that has historically made important contributions to the creation of the state park and the recovery of the loon population that now call the reservoir home each year. MWL is seeking a renewal of the 40-year federal license that has governed dam operations since the last century.
MWL’s renewal application triggered the state Agency of Natural Resources’ obligations to establish conditions for the next 40 years of dam operation, ensuring that dam operations do not compromise water quality, aquatic habitat, and recreational opportunity downstream of the dam and in the reservoir itself. After extensive study by agency scientists and those hired by MWL, the Agency set conditions that would allow for the continued operation of the dam, but with restrictions on the flow of the dam and the amount of water MWL could draw down in the winter. These restrictions are intended to ensure sufficient downstream flows to support survival of native fish species and water levels needed for a healthy ecosystem in the reservoir.
MWL claims that it cannot economically operate the dam and comply with the federal Clean Water Act. MWL has spent over $1 million on multi-year litigation, unsuccessfully appealing water quality conditions to the Vermont Supreme Court, which sided with the Agency of Natural Resources. Litigation between MWL and the State is also pending at the federal agency with final say over the Green River Dam relicensing.
Without taking sides, The Friends of Green River Reservoir have followed all the litigation closely with the help of an environmental attorney. Despite careful review of the court records and repeated requests to MWL leadership, we have yet to see an independent analysis proving that the dam cannot be operated safely and economically in harmony with the ecological standards Vermont has adopted to comply with the Clean Water Act, while also maintaining the reservoir as a recreational resource for boaters, birdwatchers, anglers, swimmers, and campers.
Without objective information shared by MWL with all stakeholders, we can neither completely credit nor discount MWL’s worst-case scenario predictions for the reservoir’s future. The Friends have urged MWL’s leadership to be transparent with the economic data upon which their claims of potential long-term operational losses are based. Our offer to financially assist MWL in development of independent data to inform stakeholder dialogue on the reservoir’s future remains on the table.
What we do know, however, is that MWL does not enjoy the unilateral authority to drain the reservoir. That drastic action would require further regulatory approval from state and federal regulators after an expensive multi-year process. In short, the near-term preservation of the reservoir is assured.
Once the dust settles on dam relicensing, however, all interested parties should come to the table around the shared goal of preserving the Green River Reservoir State Park for the next forty years and beyond. The Friends of the Green River Reservoir can be counted on as a leading, collaborative voice in that discussion.
(MWL Annual Report, Note 10, page 37 is the amount spent on relicensing cost as of December 31st, 2019. HERE
July 2020 Update on MWL Green River Dam Relicensing Legal Activity Timeline of Recent Legal Activity
On March 24, 2020 the Federal Energy Regulatory Commission (FERC) requested that Morrisville Water and Light (MWL) evaluate the effect of a 1.5-foot maximum drawdown at the Green River Reservoir (GRR) on downstream and upstream flooding and the stability of the dam. MWL had presented limited evidence in the trial phase of the Environmental Court’s (EC’s) proceeding that the 1.5-foot drawdown would create unsafe dam structural conditions. However, the EC ruled that safety issues were outside of the scope of the Water Quality Certificate (WQC) review and did not allow further investigation into that matter. The Vermont Supreme Court (VSC) upheld the EC’s ruling on this matter.
On May 26, 2020 MWL filed with FERC a request for rescission of FERC’s March 24 information request. MWL claims that the conditions approved by the EC and VSC are not finalized as “the litigation is not expected to conclude in the near term.” This claim was relying on the potential effects of MWL’s June 1 Petition.
On June 1, 2020, MWL filed a Petition at FERC claiming that Vermont’s Agency of Natural Resources (ANR) had not issued the WQC in a timely manner and asks FERC to overturn ANR’s conditions including those affirmed by the EC and the VSC. Such a decision would allow MWL to operate the Green River Dam much as it has over the last 40+ years without requiring major upgrades of the facility or limiting drawdowns.
On June 10, 2020 ANR filed with FERC their request that FERC deny MWL’s May 26 request for rescission of FERC’s March 24 information request. In their filing ANR states in part that “Morrisville has resisted developing the information needed to assess dam safety since 2014”.
July, 2020: ANR filed with FERC their response opposing MWL’s June 5th Petition.
Friends of Green River Board Statement
These legal issues are not an immediate threat to Green River Reservoir, despite recent newspaper headlines. To remove the dam and drain the reservoir would require new Federal and State permits that would take years to work through the legal systems and are highly unlikely to ever gain the support of the State of Vermont.
We remain committed to working with MWL to reach our mutual goals of ( 1) preserving the reservoir while maintaining its high quality natural habitat, and (2) achieving an equitable economic solution to the Reservoir’s ongoing management.
The FGRR Board continues to retain an attorney experienced in these issues, Anthony N.L. Iarrapino, Esq., to stay informed and participate if necessary in legal proceedings. As always, we will keep our members apprised of the outcome of this latest situation.
Background
The Federal Energy Regulatory Commission ( FERC) is required to license all hydro-electric facilities. MWL’s Green River Dam’s 30 year license is one of four MWL hydro-facilities that are the subject of MWL’s 2015 FERC renewal application. All new licenses must adhere to standards first established in 1948 by the Federal Water Pollution Control Act. In states that have established their own Water Quality Standards (WQS), FERC defers to the state agency dedicated to WQS enforcement. In Vermont’s case, that is the Agency of Natural Resources (ANR). ANR issued its Water Quality Certification specifying operating parameters for MWL 4 hydro-facilities on August 9, 2016. Multiple parties appealed that certification to the Vermont Environmental Court (EC). After a two year legal process involving multiple filings, interim conferences and rulings, and which culminated in a weeklong hearing involving examination of multiple expert witnesses, the EC issued its September 18, 2018 decision. ANR and MWL subsequently appealed the EC decision to the Vermont Supreme Court (VSC). On November 22, 2019, the VSC issued its ruling on all issues under contention. In summary, the VSC affirmed the EC summary judgment decision to exclude social and economic factors, affirmed the conditions related to the 1.5-ft. winter drawdown and timed releases for the Green River facility, reinstated ANR’s flow-rate conditions for the Cady Falls facility, and remanded to the EC the flow-rate conditions for Morrisville and Green River facilities. The VSC set a 4 year deadline for MWL to implement the required conditions. That deadline is postponed until all Morrisville’s WQS contested legal matters are settled. See our website for details on the rulings and appeals - http://www.fgrrvt.org/
November 2019 Update.
VT Supreme Court Rules on Morrisville Hydroelectric Project Water Quality Certification
On November 22, 2019, the Vermont Supreme Court issued its final order concerning Morrisville Water and Light’s ( MWL) appeal of an Environmental Court’s September 2018 ruling. The Supreme Court Order can be found HERE. That ruling affirmed the EC’s determination of the Green River Reservoir hydroelectric dam operating conditions for the next 30 years. The Supreme Court order stated, in part:“The Environmental Division’s summary judgment decision to exclude social and economic factors is affirmed. The conditions related to the winter drawdown and timed releases for the Green River facility are affirmed.”
What were the social and economic conditions that MWL wanted considered? The definition of “social conditions” refer to the potential social benefits and social costs that could result from a proposed change in the winter drawdown conditions. MWL asserts that the new conditions would result in less hydroelectricity being produced, a carbon-free resource, and thus potentially require MWL purchase a less environmentally friendly alternative. In addition, they asserted that the dam provided for important downstream water management (flood control) that could be compromised by the new conditions. Thus, social costs could rise with no corresponding rise in social benefits. The definition of “economic conditions” refers to the profitability of a hydro-facility. MWL asserts that the new conditions would result in the facility operating at a “significant loss”.
Why did the Supreme court rule to exclude their consideration? The EC concluded that, and the Supreme Court concurred, “neither state or federal water-quality laws allowed consideration of economic or social considerations”.
What are the winter drawdown and timed-released conditions? MWL will be limited to a 1.5 feet winter drawdown of the water level at the dam. Prior operating conditions allowed the winter drawdown of up to 10 feet, although common practice was to limit the winter drawdown to 6 feet. The court affirmed that the 1.5 feet limit approximated the Green River Reservoir’s natural fluctuation of 1.7 feet and that an increased limit “exposes aquatic plants to drying and freezing conditions and reduces abundance and richness of larger, longer-lived microinvertabrates.” The timed-release conditions require 3 annual prescheduled releases to maintain Green River Downstream white water paddling. They concluded that the EC rightly determined that white-water paddling was an “existing use” and a “designated use” under the regulations and that there was no evidence that the scheduled releases would degrade aquatic biota, wildlife, and aquatic habitat.
What does it all mean for the Reservoir? The EC Order allowed for a 4 year transition period during which MWL can operate under its prior license conditions. No party appealed the 4 year transition period. Thus, the Supreme Court Order did not alter that condition. Consequently, no changes in the Park’s operations or the Reservoir’s water level management are expected for several years. As previously reported, on September 20 MWL staff met with and updated members of the Friends’ Board on their ongoing efforts to reach out to the Scott administration and provide a current assessment of their potential options moving forward. At the Friends’ October Board meeting, the Board voted to offer MWL financial support to undertake an independent economic study of the costs and benefits of 4 MWL long-term operating options under consideration: Operate the facility with current generation capacity,
Operate the facility with current and enhanced low-flow generation capacity,
Operate the facility absent any generation in a run-of-river mode,
Gain FERC permission and decommission the dam.
The Friends’ Board maintains that without a 30-year forward looking independent economic analysis, MWL does not have the requisite economic information to reach-out to potential partners. We look forward to MWL’s response. We remain committed to working with MWL to reach our mutual goal of maintain the Green River State Park based upon an equitable economic solution to the Reservoir’s ongoing management.
Update: December 11, 2018 Dam Relicensing
The Environmental Courts' 9/18/2018 Judgment Order on Morrisville Water and Light's ( MWL) appeal of a water quality certification issues by the Agency of Natural Resources ( ANR) has been appealed to Vermont's Supreme Court. ANR filed its own appeal as did Trout Unlimited (VTU) in conjunction with the Vermont Natural Resource Council (VNRC). MWL subsequently filed a cross-appeal. ANR and VNRC/VTU have filed their required initial “Briefs” explaining why that appellant believes the court's decision is wrong and should be reversed or altered. MWL has filed its “Docketing Statement” laying out the aspects of the Judgment Order it is appealing. MWL has until January 11, 2019 to file its principal brief, and than all parties will have additional time to file material in support of sections of the 9/18/2018 Order that other parties are appealing. The Supreme Court resolution is not expected before the end of 2019. The following is a brief summary of the appealed issues relating to the Green River Reservoir. For additional detail, ANR's Appeal can be found here, VTU and VNRC Appeal here, and MWL Docketing Statement here. ANR claims that the Clean Water Act does “not require states to provide manufactured recreational opportunities” and thus MWL should not be required to provide 3 scheduled white water releases per year. ANR also claims that the Judge erred in not adopting the flow conditions it originally included in MWL’s water quality certificates. ANR claims that this error flows from the judge’s failure to defer to ANR's interpretation of “high quality aquatic habitat” and in not accepting ANR's interpretation of its own “Anti-Degradation Policy”. In arguments that are similar to those raised by ANR, VNRC and VTU claim that MWL's hydroelectric facilities are not eligible to be considered “existing uses” as defined by the Clean Water Act. For that reason, the hydro dams are not entitled to Clean Water Act anti-degradation protections when those protections would negatively impact the ability of ANR to impose conditions on dam operation that would protect or improve downstream aquatic habitat. MWL disputes the arguments raised by ANR, VNRC, and TU and supports the Order's finding that hydro is an existing use whose operational needs must be accounted for in setting flow limitations designed to protect aquatic habitat. MWL’s own appeal disputes that the winter drawdown needs to be “limited to 1.5 feet” to comply with the Water Quality Statue ( WQS) or that their proposed limitation to no more than 6 feet does not support high quality aquatic habitat. They also dispute that the Judge erred in excluding economic and social benefits from consideration in setting water quality standards. If MWL is successful in this appeal, the Supreme Court could order that Environmental Court to reconsider the winter drawdown conditions. If so, and if MWL could then provide sufficient evidence of economic harm due to the ordered foot and one-half restriction at GRR, those winter drawdown conditions might be modified.To be clear, resolution of any of these issues will have no immediate effect on the operation of the GRR State Park. In addition, no party has appealed the 4-year transition period under which MWL can continue to operate under current conditions. However, MWL has made public statements asserting that the GRR hydrofacility is not financially viable under the newly imposed winter drawdown conditions and that they may consider their option to apply to FERC for approval of dam decommissioning/removal. As noted above, there is one long, winding path that could result in a ruling.
The Sky is Not Falling by Michael Wickenden
On September 18, 2018, Vermont Environmental Court Judge Thomas Walsh issued a Judgment Order in Morrisville Water and Light's ( MWL) appeal of a water quality certification issued by the Agency of Natural Resources ( ANR). In that Order, the Judge affirmed a proposed winter 18 inch winter drawdown limitation on the Green River Reservoir, and affirmed that Green River hydrogeneration and white water boating are “existing uses” of the Green River Reservoir and Green River respectively. “Existing uses” enjoy protected status under existing law and it is required that their continued status is supported. The Order also noted that at the Green River hydrogeneration facility “MWL does not argue that it cannot operate or operate practically without the six-foot drawdown it proposed.” The Judge went on to conclude, “Therefore, there is no need to balance the existing uses...” Clearly, if MWL had chosen to present the economic evidence substantiating its assertion that, according to Craig Myotte, general manager of the MWL, “The limited drawdown really makes it uneconomic for us to operate it”, the Judge could have had considered additional options.
Appeals to the Vermont Environmental Court are considered to be “de novo” appeals. “De novo” is used to refer to a trial which starts over, which wipes the slate clean and begins all over again, as if any previous partial or complete hearing had not occurred. Consequently, only evidence entered into the court record by the parties to the appeal is eligible for consideration. MWL failed to present financial analysis regarding their public assertions that the lack of the ability to maintain their practice of 6 foot winter water level drawdowns of the Green River Reservoir would render the Green River hydrofacility financial insolvent. Consequently, Judge Walsh was unable to consider balancing the financial consequences caused by the reduction of Green River hydrogeneration against the potential reduction in high quality aquatic habitat.
The economic analysis of the viability of Green River Reservoir hydrogeneration is not straightforward. Many benefit and cost variables are estimated over the 30 year lifetime of the FERC permit. However, the Order did provide MWL with what appears to be an unexpected financial bonus in its decision regarding whitewater paddling on the Green River. The Order requires that annually there be 3 weekend, daytime, pre-scheduled releases of the Green River Reservoir, of 6 hour duration each, and of flows sufficient for whitewater boating on the Green River. These three whitewater releases mimic MWL past practice and are not subject to other drawdown limitations. Given that the Green River empties into the Lamoille upstream of Morrisville's two other hydrogeneration units, these three annual scheduled releases provide power at all three operating units. The economic impact of these required releases has not been reported by MWL.
What does this all mean for the future of our park? For starters, the appeal participants have until October 30th to file a Motion for Reconsideration with the Environmental Court, or an Appeal to Vermont's Supreme Court. Either action would stop the clock on the Order's implementation. Until those are resolved, it is business as usual. Secondly, the Order allots MWL a total phase-in period of four years after which MWL must comply with all aspects of the amended water quality certificate. . During the interim years, MWL is permitted to follow current drawdown practices. Consequently, for the next four years, we expect that this Order will have minimal impact upon the day to day operation of the Park. Board members will continue to review Court filings and Orders and meet as necessary with our legal counsel, Anthony Iarrapino. We will publish updates on our website ( www.fgrrvt.org ) . As always, we welcome your comments and questions.
The Friends remain dedicated to protecting the wilderness-like character and wildlife habitat of Green River Reservoir State Park while preserving its heritage and historical uses for future generations. Consequently, in these legal issues, will continue to advocate for the preservation of the highest quality natural habitat consistent with the continued operation of the Green River Reservoir State Park.
Morrisville Water and Light Water Quality Certificate Appeal Update – July 2018
The trial phase of Morrisville Water and Light's ( MWL) appeal from a Water Quality Certificate (WQC) issued by the Vermont Agency of Natural Resources ( ANR) ended April 14, 2019. The heart of the Green River Reservoir appeal remains the degree to which MWL can release water from the reservoir during winter months. The WQC limits the releases to 18 inches. ANR experts assert that this level of release achieves the standards as articulated in current State statutes regarding the dam water release effects on the aquatic ecology of the reservoir and the downstream Green River. MWL claims that the proposed release level is overly restrictive and seeks a certificate modification to allow releases to a depth of 6 feet during the winter months.
The FERC (Federal Energy Regulatory Commission) - the ultimate authority on hydro-dam regulation - ruled that MWL can continue to operate under its existing license until the Environmental Court makes its ruling. MWL current licensed practice is to limit winter releases to 6 feet, or, under special conditions, to 10 feet. The depth of the release increases the amount of hydro power produced at the Green River Reservoir hydro-facility as well as MWL's other two downstream Lamoille River hydro-power units. Given the proposed reduction in hydro-power, MWL claims that the Green River Reservoir hydro-project will not be financially viable and that Morrisville Village Trustees ( Green River Reservoir dam owners and operators) would look to alternatives to their continued operation of the dam. The judge has ruled that, under current state statutes, economic considerations are not relevant in a WQC appeal. Thus, the water release level issue remains centered upon differing experts conclusions regarding aquatic habitat effects.
Superior Court, Environmental Division Judge Thomas Walsh ordered trial participants to make several additional filings before he will issue an order addressing the appeal. The parties initial filings are to summarize what each party feels are the relevant facts presented to the court to date ( the “Findings of Fact”) and conclusions of law ( proposed resolution), based upon those facts. Subsequent filings allow for parties to take issue with other parties filings.
The Judge contemplates issuing his final order before the end of this year. At that time, parties will have the option of a further appeal of Judge Walsh's order to the State's Supreme Court, or adhering to the Judge's decision. A State Supreme Court appeal would likely take a minimum of an additional year or two to reach its conclusion.
The Friends of Green River Reservoir Board of Directors continues to monitor Court communications and to encourage all parties to search for creative solutions that support the continued existence of the dam and advance reservoir preservation and ecological habitat protection and enhancement.
Update on the Green River Dam Relicensing Appeal 24 March 2018, By Michael Wickenden
The Friends of Green River Reservoir Board (“the Board”) continues to closely monitor MorrisvilleWater and Light’s(MWL) appeal to the Vermont Superior Court, Environmental Division (“the Court”) of a water quality certification issued by Vermont's Agency of Natural Resources (ANR). The water quality certificate is required by the Federal Energy Regulations Commission (FERC) and is used by FERC to establish the conditions for the renewal of a 30-year Green River Reservoir Dam license. FERC is the ultimate authority that regulates both the construction and operational phases of hydro-projects.
MWL's appeal raised over a dozen issues in regards to the certificate. Principally, MWL claims that ANR has not accurately applied Vermont's water quality standards. A consequence of ANR's alleged inaccuracy is their recommendation for a significant decrease in the amount and timing of water released that would be available to produce winter hydro-power. MWL states that if they have to abide by the conditions of ANR's water quality certification for Green River Reservoir, the profitability and utility of the dam will be compromised. If that is the case, MWL has publicly stated that they may consider asking FERC for permission to remove the dam and return the reservoir to its pre-reservoir natural condition. A FERC dam removal legal proceeding is typically an expensive, multiyear exercise that also requires Vermont ANR approval. Because the outcome of a proceeding of this nature is uncertain and would require sizable MWL legal, dam removal, and habitat restoration costs, MWL would exhaust all other alternatives before committing their ratepayers to fund that option.
The appeal trial date has been set for April 2 – 13, 2018.On April 2nd, the case will begin with a short discussion to set a date for a site visit. Hearings will begin on April 3rd and will be held in the Costello Courthouse on Main St. in Burlington. The parties will present their evidence in the following order: Morrisville Water and Light; American Whitewater/Vermont Paddlers Club; Vermont Natural Resources Council/Trout Unlimited; Vermont Agency of Natural Resources.
Many issues raised in MWL original appeal have been the subject of recent court orders. For example, on June 13, 2017, the Court ruled that “state and federal water quality laws do not authorize consideration of economic or social factors.” Consequently, lost hydro-power production and the resultant decrease in MWL revenue as a result of decreased winter water level draw-downs is not a factor that the Court will consider when it evaluates MWL's appeal. What remains to be decided by the Court is whether ANR's water flow recommendations accurately result in achieving Vermont's water quality standards, or, as MWL and American Whitewater's and Vermont Paddlers Club's expert witnesses will testify, ANR's requirements limiting winter water draw-downs are overly restrictive. The Court's decision is expected by the fall of 2018.
The Friend's fundamental mission remains the preservation of Green River Reservoir's highest environmental standards consistent with the long-term preservation of the dam. To advance thatmission, the Board hired Anthony Iarrapino, Esq. to be the Friend's legal counsel and enable our participation in the Green River Dam Relicensing and Appeal. The Board periodically meets with counsel to review legal filings and plan strategy. In February 2017, members of the Board met with MWL Trustees and participated in a MWL sponsored public hearing at People's Academy. In addition, the Board reached out and met with Julie Moore, the Secretary of ANR; with VNRC’s Jon Groveman, Esq., Public Policy and Water Program Director,and B.T. Fitzgerald, Dam Project & Vermont Dam Task Force Coordinator; and with Christine Hallquist, former CEO of Vermont Electric Coop. Our discussions have centered around how we can collectively come together to reach a beneficial and reasonable solution. What we can confirm is that all parties share the long-term vision of a safe, functioning dam and reservoir that meets or exceeds state and federal water quality standards. What is still unclear is the appropriate application of those standards to the Green River Reservoir and how their application will affect the dam's future operations. Rest assured that the Board will remain active in keeping its membership informed and working with any and all interested parties to achieve a solution that preserves an environmentally sound reservoir.
Dam Update December 2016 The Friends of Green River Reservoir Board of Directors ( “the Board”) have been actively engaged in monitoring Morrisville's Water and Light's (MW&L) Federal Energy Regulatory Commission Green River Reservoir Dam re-licensing process. This is a complex legal process involving multiple parties that began in 2010. As recently reported in the media, this re-licensing process has been highly contentious and now is at in appeal before Vermont's Environmental Court (EC).
The Friends of Green River Reservoir ( “ the Friends”) are committed to preserving the Green River Reservoir (GRR) and to protecting and enhancing its ecological habitat. These goals are fundamental to the Friends' mission. To advance those goals in 2017, the Board has committed significant human and financial resources to review and respond to EC filings and court processes, per-trial negotiations, and potential settlement discussions. Absent a settlement among all parties and subsequent approval by the EC, a trial focusing on unresolved issues is scheduled to begin in early 2018.
In November, the Friends amended our intervention request and hired Montpelier's Anthony Iarrapino, Esq. to represent our non-profit corporation before the EC. On December 6th, the EC approved our intervention request. Thus, the Friends can now participate in all legal EC appeal processes including receiving all court correspondence, participating in Discovery, filing motions, presenting witnesses and expert testimony, cross examination of witness, and participation in potential settlement negotiations. The EC also Ordered the adoption of a schedule that has the parties performing various per-trail activities in 2017 and a tentative early 2018 trail date.
The Board has not predetermined its position on specific contentious issues raised by appealing parties, but will be actively participating in the review of required supporting evidence. Consistent with our mission, our goal will be to support reasonable and sustainable practices that advance reservoir preservation and ecological habitat protection and enhancement, and to urge the Court to reject practices that do not.
October 2016 Update Morrisville Water and Light's September ( “MM&L”) appeal of Vermont's Agency of Natural Resources (“ANR”) Water Quality Certification to the Vermont Environmental Court (“EC”)has started an appeal process that is likely to be lengthily and contentious. As previously reported to the Friends, your Board had filed with the EC a request to intervene in that proceeding, that, if granted, will enable the Friends of Green River Reservoir (“FGRR”)to receive all court filings and notices, as well as participate in any court hearings. We have not been notified of the Court's acceptance of our request, but expect a ruling by the end of October.
Since our last membership communication, we have received the “Statement of Questions” from both appellants: (1) MW&L and (2) the American Whitewater and Vermont Paddlers Club, Inc. ( “AWVPC”). Their “ questions” identify the specific areas of concern in ANR's Certification and will define the EC's scope of investigation. Those documents are posted on the FGRR website and can be located HERE. The Board has also posted a letter in various local publications and have received a number of new members and financial support. This increased support will enable us to have the option of obtaining the assistance of legal and environmental experts so as to be a stronger and better prepared participant in this ongoing legal proceeding.
On October 6th your Board meet to review the previously mentioned “Statement of Questions” and to further refine its strategic approach to resolving the issues that appear to threaten the long-term survival of the Green River Reservoir. Although the task appears complex and no simple solution is apparent, we remain confident that developing solutions to the issues at hand can be achieved and that the Reservoir will continue to provide the quality wilderness experience that we have come to know and value. We will be updating the FGRR website as new information becomes available. Thank you all for your support, suggestions, and comments.
Green River Reservoir Dam Relicensing Situation September 16th ,2016
Background:
The dam which creates Green River Reservoir belongs to Morrisville Water and Light (MWL), a municipal power company. MWL originally owned all land which the State purchased to create Green River Reservoir State Park. All dams must be relicensed every 30 years by the Federal Energy Regulatory Commission (FERC), the first step toward which is a state certification. MWL is in the process of having their four dams relicensed and is appealing the recent Water Quality Certification issued by the Vermont Agency of Natural Resources (ANR) which requires that the water drawdown in winter be limited. MWL has appealed that decision stating that it would no longer be economical to operate the Green River dam under the limitations required by ANR’s Water Quality Certification and that therefore removing the dam is a possibility. The Vermont Agency of Natural Resources is required by the federal clean water act to protect aquatic habitat and states that these limitations are necessary.
The Friends of Green River Reservoir (FGRR) Board has been actively engaged in monitoring MWL’s Federal Energy Regulatory Commission (FERC) Green River Reservoir Dam re-licensing process. This is a complex process involving multiple parties that began in 2010. As recently reported in the media, this re-licensing process has been highly contentious (see recent articles in the News and Citizen and on VTDigger (http://vtdigger.org/2016/09/18/conflicting-goals-create-dilemma-green-river/) for more detail.
Statement by the FGRR Board to the Membership:
The FGRR Board is actively seeking more detailed information regarding the issues at contention and will be advocating for reasonable, environmentally sound and sustainable solutions that include the ongoing sustainability of the Park's reservoir. To be able to influence this process, the Board is seeking formal party status in the Environmental Court's proceeding. This will enable the Board to have access to all information that will form the basis of any court decision, question witnesses, ask for additional information, and be part of any formal and informal negotiations. We have filed our intervention request and should know the outcome of that request before October's end.
On August 9, 2016, as required by Federal law, the Vermont Agency of Natural Resources (ANR) filed with FERC their decision regarding the Water Quality Certification that would apply to MWL's four hydroelectric generation projects under review. The GRR Dam is one of those projects. On September 7, MWL filed with the Vermont Environmental Court (EC) an appeal of ANR's August 9 decision. On September 9, American Whitewater and Vermont Paddlers Club, Inc. filed a separate appeal of ANR's decision regarding the number of summer water releases. These appeals automatically result in a proceeding being opened in Vermont Environmental Court and will stay implementation of all newly-proposed ANR recommendations. The timing of the conclusion of this process is hard to predict and could take more than one year.
Since our last membership communication, we have received the “Statement of Questions” from both appellants: (1) MWL and (2) the American Whitewater and Vermont Paddlers Club, Inc. ( AWVPC). Their “ questions” identify the specific areas of concern in ANR's Certification and will define the EC's scope of investigation. A link to the Statement of Questions is posted on the FGRR website’s News page. The Board has also posted a letter in various local publications and has received a number of new members. This increased support will enable us to have the option of obtaining the assistance of legal and environmental experts so as to be a stronger and better prepared participant in this ongoing legal proceeding.
On October 6 your Board met to review the previously mentioned “Statement of Questions” and to further refine its strategic approach to resolving the issues that appear to threaten the long-term survival of the Green River Reservoir. Although the task appears complex and no simple solution is apparent, we remain confident that developing solutions to the issues at hand can be achieved and that the Reservoir will continue to provide the quality wilderness experience that we have come to know and value. We will be updating the FGRR website as new information becomes available. Thank you all for your support, suggestions, and comments.
The Board will actively communicate with our membership as to the status of this process as we work towards a solution that ensures the preservation of the reservoir. We believe that one constructive step right now would be build the FGRR membership base and therefore encourage you to reach out to your friends to become FGRR members. Anyone can join the FGRR by visiting the FGRR website at http://www.fgrrvt.org/get-involved/ . This will provide us with a credible and strong base of community support for any steps needed to preserve the treasure that we have in the Green River Reservoir.
Check the FGRR website under News- http://www.fgrrvt.org/news-events/ -for the latest information on this situation. We will send emails occasionally as well; if you want to receive them be sure that we have your current email address. Michael Wickenden is taking the lead on this issue for the Board, and can be reached directly at michael.wickenden@gmail.com .
