Federal Energy Regulatory Commission Issues General Correspondence on American Eel Passage Assessment Report and Fishway Operations

Strategic Insights -

The Federal Energy Regulatory Commission (FERC) has issued a general correspondence to Cocheco Falls Associates, the licensee of the New Hampshire Cocheco Falls Hydroelectric Project, regarding the American Eel Passage Assessment Report, Fishway Effectiveness Monitoring Plan, and Fishway Operations and Maintenance Report. The correspondence addresses the licensee's filings and provides instructions on the necessary actions to be taken. The main objective of the correspondence is to ensure compliance with the license requirements and to address the licensee's overdue filings.

Key Takeaways:

  • The FERC requires the licensee to file documentation that the American Eel Passage Assessment Report was provided to the National Marine Fisheries Service (NMFS) for a 30-day comment period within 45 days of the date of the letter.
  • The licensee must also file an update regarding consultation on the Effectiveness Plan, and every 30 days thereafter, including documentation of the latest consultation with FWS, NMFS, and the New Hampshire Fish and Game Department.
  • The FERC has found the licensee in violation of their license for failure to provide the Commission with the Fishway Operation and Maintenance Report, and the licensee must file the report as soon as possible, but no later than 45 days from the date of the letter.
  • The report must include documentation of resource agency consultation, copies of recommendations on the completed report, and specific descriptions of how the agencies' comments are accommodated by the report.
  • The licensee is reminded to track compliance with their license requirements, and that overdue requirements may result in a violation of the project license in the future.

Statistics:

  • April 1, 2025: Original deadline for filing the first annual Fishway Operation and Maintenance Report.
  • May 2, 2025: Commission staff dismissed the incomplete Effectiveness Plan and required the licensee to immediately consult with the resource agencies on the development of the plan.
  • May 9, 2025: The licensee provided the American Eel Report, but did not include any proposed modifications to the study.
  • May 15, 2025: The licensee requested a 60-day extension of time to file the final Effectiveness Plan, citing staff cuts at FWS.
  • July 15, 2025: The FERC issued the general correspondence to the licensee.
  • 45 days: Deadline for the licensee to file with documentation that the American Eel Passage Assessment Report was provided to NMFS for a 30-day comment period.
  • 45 days: Deadline for the licensee to file the Fishway Operations and Maintenance Report.
  • Every 30 days: The licensee must file an update regarding consultation on the Effectiveness Plan, including documentation of the latest consultation with FWS, NMFS, and the New Hampshire Fish and Game Department.

Sources:

  • Order Issuing Subsequent License (183 FERC P 62,045), issued April 28, 2023.
  • Order Modifying and Approving Eel Siting Survey Plan Pursuant to Article 401 and Conditions 11.6 and 11.7, (186 FERC P 62,091).
  • A Commission April 30, 2024 order, granted the licensee an extension of time until July 1, 2024 to file its Plan with the Commission.
  • May 2, 2025 letter: Dismissed the incomplete Effectiveness Plan and required the licensee to immediately consult with the resource agencies on the development of the plan.
  • May 15, 2025 letter: Requested a 60-day extension of time to file the final Effectiveness Plan, citing staff cuts at FWS.
  • FERC Order Modifying and Approving Fishway Operation and Maintenance Plan Under Article 401, issued April 28, 2023.