FERC staff recommends against Bear River dam

Staff of the U.S. Federal Energy Regulatory Commission have recommended against licensing a dam, reservoir, and hydropower project proposed for the Bear River near Preston, Idaho.

The case involves a 2013 application by Twin Lakes Canal Company to the FERC for a license to construct, operate, and maintain the Bear River Narrows Project.  The project would be located on the main stem of the Bear River in Franklin County, Idaho, about 9 miles northeast of the city of Preston. It would feature a 109-foot-high dam impounding a 362-acre reservoir, and a powerhouse with an installed capacity of 10 megawatts and estimated average annual generation of of 48,531 megawatt-hours of electricity.  The reservoir would also be used to provide up to 5,000 acre-feet of water to Twin Lakes’ irrigation system during dry years.

Under the Federal Power Act, the FERC is charged with processing licenses for most hydropower projects in the U.S.  Federal law guides the FERC in this duty.  Sections 4(e) and 10(a)(1) of that act require the Commission to give equal consideration to the power development purposes and to the purposes of energy conservation; the protection of, mitigation of damage to, and enhancement of fish and wildlife; the protection of recreational opportunities; and the preservation of other aspects of environmental quality.  The Commission can only issue licenses that in its judgment are best adapted to a comprehensive plan for improving or developing a waterway or waterways for all beneficial public uses.  Additionally, the National Environmental Policy Act of 1969 requires the agency to analyze and document the environmental effects of proposed federal actions such as granting Twin Lakes' application.

Commission staff released its final environmental impact statement on Twin Lakes' license application on April 27, 2016.  That document, called an EIS, analyzes the effects of proposed project construction and operation, and recommends conditions for any license that may be issued for the project.

In the Bear River Narrows Project EIS, FERC staff considered Twin Lakes’ proposal for licensing, as well as three alternatives: (1) no-action (i.e. not licensing the project, so it can't be constructed); (2) the applicant’s proposal with staff modifications (staff licensing alternative); and (3) the staff licensing alternative with an additional condition requested by the Bureau of Land Management.

The EIS notes the existence of four Commission-licensed hydroelectric facilities located on the Bear River in Idaho with a combined installed capacity of more than 78 MW, including the Oneida development directly upstream.  It also notes uses of the "Oneida Narrows" section of the Bear River that would be flooded by the Bear River Narrows Project impoundment, including a recreational trout fishery and boating opportunities, and habitat for sensitive wildlife species.

Based on a review of the anticipated environmental and economic effects of the proposed project and its alternatives, as well as the agency and public comments filed on this project, staff recommends no action (license denial) as the preferred alternative.  In staff's words, "The overall, unavoidable adverse environmental effects of both action alternatives would outweigh the power and water storage benefits of the project."

For these reasons, FERC staff concluded that "any license issued for the proposed project could not be best adapted to a comprehensive plan for improving or developing the Bear River for all of its beneficial public uses, especially its substantial public recreation use at the proposed project site. We, therefore, recommend license denial."

Twin Lakes Canal Company's application to the Commission for a license to construct the project remains pending.

spring-fed small hydro in Idaho?

Small-scale hydroelectric projects are receiving renewed interest as society looks for cost-effective ways to produce electricity using local, renewable resources.  Depending on available sites and on what alterntative resources might be available, microhydro or small-scale hydroelectric projects can fit the bill.  Even if you own a first-class site for a microhydro project, before you can build or operate your project, you need to understand what federal and state regulations may apply.  Some small hydro projects are treated much like full-scale dam-based hydropower projects, while others (like small projects using existing conduits, pipes or canals) can get an easier regulatory path to approval.

A small hydro project proposed near Grace, Idaho illustrates some of these regulatory considerations, and the importance of understanding how regulators apply the rules.  Grace is a town of about 1,000 people located in Idaho's Gem Valley.  The Bear River runs through the valley on its course flowing out of Bear Lake, around the Bear River Range by Soda Springs, and then south through Grace into Utah's Cache Valley.  In the early twentieth century, recognizing the area's water resources and topographic variation, a series of dams, diversion pipes and powerhouses were built along the Bear River to produce hydroelectricity.  One side effect was that a stretch of river known as Black Canyon was largely dewatered, as an aqueduct carried the water around the canyon to a downstream powerhouse.  Ultimately, Utah Power and Light (and then PacifiCorp) came to operate these assets, and chose to remove one of the dams, an aqueduct and one powerhouse in 2006 and 2007, and to provide some increased flows through the Black Canyon section.

There may be ways to generate hydroelectricity in Grace without diverting water away from the Bear River. Last month, a local farmer with interests in canals and hydro development proposed a new hydro project near Grace.  The Gilbert Hydropower Project proposed to capture the flows of several natural springs and pipe this water about 700 feet to a turbine/generator unit.  Currently, the water is partially used for pasture irrigation with the unused portion flowing into the Bear River; the developer proposes to install a 24‐inch diameter above-ground pipeline to send the water to a Pelton turbine attached to a 75 kW generator.

In its application to the Federal Energy Regulatory Commission (docketed by FERC as Project No. 14367-000), the project developer requested an exemption from the licensing requirements of the Federal Power Act under the so-called "5 megawatt exemption" rule.  That rule allows the Commission to exempt small hydroelectric projects with an installed capacity of 5 megawatts or less that: (1) are located at the site of any dam in existence on or before July 22, 2005, and that use the water power potential of such dam for the generation of electricity; or (2) use a “natural water feature” to generate electricity, without the need for any dam or impoundment.

FERC dismissed the Gilbert project's request for an exemption, noting, "Because [the] project would utilize the flows of a natural spring that travel through 700 feet of pipe to reach the proposed turbine/generator unit, it would neither be at the site of an existing dam nor use the flows from a natural water feature", and thus was ineligible for an exemption.  However, FERC did invite the Gilbert developers to convert their exemption application to a license application, which the developers did earlier this month.  The developers now have until June 18, 2012, to submit the additional information needed for a complete license application.

What's in the future for Grace, Idaho?  What role could using nontraditional water resources such as springs play there or elsewhere in our energy future?