Another year, another delay?
Condit Dam, which has blocked the White Salmon River since 1913, was originally supposed to be removed in 2006, according to the terms of a settlement agreement between dam owner PacifiCorp, environmental groups, government agencies and the Yakama Nation.
Now, in a new filing, PacifiCorp suggests that removing the 125-foot-high dam may be delayed once again.
The Portland-based utility indicated in a new legal filing that a slew of new requirements by the Federal Energy Regulatory Commission may not leave enough time to breach the dam in October of this year.
Time is “running critically short” for the company to complete planning and get a contractor in place, according to the filing dated Friday.
“PacifiCorp remains committed to commencing removal in 2011 but believes it is clearly foreseeable, and arguably likely, that such an aggressive schedule may not be practicable or obtainable,” according to the filing.
The company is appealing certain aspects of FERC’s order, issued Dec. 16, to accept PacifiCorp’s request to formally surrender its operating license. The five-member commission’s 83-page order included numerous conditions, some of which PacifiCorp is appealing and others on which it is seeking clarification. Some of the conditions call for the company to submit additional plans allowing 90 days for FERC to review them.
The company suggests dam removal could be pushed back until October 2012 or later.
The state Department of Ecology also is appealing the commission’s decision to disregard the state’s water-quality certification. The commission claims that the state waived its right to enforce Clean Water Act standards by failing to act on a rolling one-year certification request by PacifiCorp. Although the state received an e-mailed request two days before the deadline on May 12 of last year, the hard copy wasn’t received and date-stamped until May 13.
PacifiCorp is also appealing the commission’s finding, arguing that its voluminous dam removal plans are based on extensive input from state environmental regulators.
FERC is sweeping aside those consultations on the basis that it won’t recognize e-mail as an official form of communication.
“PacifiCorp worked closely with Washington DOE for nine years as Washington DOE conducted its own environmental review,” according to the company’s appeal. “During that time, PacifiCorp addressed multiple rounds of questions, comments and suggestions received from Washington DOE and engaged in an extensive process of refining and adding detail to its decommissioning proposal.”
