SMUD, Agencies Reach Accord On Upper American Hydroelectric Relicensing

SMUD, Agencies Reach Accord On Upper American Hydroelectric Relicensing

by Dan Bacher

Jim Shetler, head of the negotiating team of the Sacramento Municipal Utility District (SMUD), on November 16 announced a historic “agreement in principle” between federal and state agencies, NGO’s and the public utility over the terms and conditions of its 50-year license for its Upper American River Project.

“The agreement addresses the gaps between the agency/NGO and SMUD proposals,” said Shetler at the SMUD Board meeting. “We will be able to deal to meet our energy needs while providing additional flows for fish and recreation. It will provide recreational flows below Ice House Reservoir and Chili Bar Dam while at the same time preserving SMUD’s flexibility regarding hydroelectricity generation.”

The agreement came after a series of marathon negotiating sessions between the agencies, NGO’s and SMUD over the past two weeks. The negotiations were prompted by intense pressure by recreational boaters, anglers, white water rafters, business leaders and conservation groups at SMUD board meetings over the past three months for SMUD and the agencies to get back to the negotiating table after negotiations broke down.

Theresa L. Simsiman, a dedicated river advocate and kayaker, commented on the significance of the agreement:

“On Tuesday, November 14, 2006, we witnessed history in the making. Drained and mentally exhausted, the Agencies, NGO's, PG&E and SMUD sat across from each other in the Los Angeles room of the Marriot Hotel and agreed in principle to appendices A, B & C of the Agency/NGO's alternative proposal for the Upper American River Project.”


“Though not likely to make the pages of ’This Day in History,’” she quipped, “those of us following this historic soap opera should never forget the significance of this day. On this day, the 30-50 year legacy to restore our American River was officially put into play!"

Among the achievements of the agreement are:

* Significantly improved minimum and pulse flows and water temperatures for fish and other aquatic life on the Rubicon River, Silver Creek, South Fork of the American and tributaries.
* Fish passage at Gerle Creek.
* Improvements in campgrounds, boat ramps and other recreational facilities at SMUD's reservoirs.
* Water level targets at SMUD reservoirs, based on time of year and year type.
* Year round whitewater flows below Chili Bar Dam specified in a detailed flow schedule.
* Boatable whitewater flow schedule on Ice House for the spring.
* Boatable whitewater flow schedule on South Fork American River at Slab Creek with possible increase in days.

“This is a good day. We have reached an important milestone, now that we have an agreement in principle,” Ron Stork, Senior Policy Analyst with Friends of the River, told the board. “The agreement shows that it matters to SMUD about the environmental impacts of its hydroelectric facilities on the Upper American River.”

The letter sent to the Federal Regulatory Commission in Washington, D.C., along with the agreement, asks the agency to retroactively extend until February 1, 2007 the October 18 deadline for the submission of comments, recommendations, terms and conditions.

At the meeting, Stork noted that it is conceivable that SMUD’s request for an extension may not be granted – and he cautioned the board not to then pursue a trial type hearing regarding disputed facts granted under the Energy Policy Act that Bush, Cheney and House Republicans pushed through Congress last year.

“This would not be a wise thing to do when we all need to spend our time putting together the final agreement, rather than initiating adversarial proceedings after the agreement in principle was reached,” he emphasized to the board.

However, later in the day, FERC, in an extraordinary action, granted the parties an extra 2 1/2 months to finalize a settlement agreement.

“As a result of this relicensing process, the South Fork of the American River below Slab Creek Reservoir will begin to function again as a river,” said Chris Shutes of the California Sportfishing Protection Alliance. “There are two very good fishery improvements: in Gerle Creek below Loon Lake (including a channel stabilization to restore the meadow), and in the South Fork Rubicon River below Robbs Diversion Dam. Angling conditions and opportunities in South Fork Silver Creek will also be improved.”

Genevieve Shiroma, president of the SMUD Board, was optimistic about the outcome of the final hydroelectric relicensing agreement. “I’m very grateful that all of the parties sat down and worked for a successful resolution,” she said. “Everyone came in with a strident viewpoint of what’s right for the river, but at the same kept in mind the final goal of SMUD getting relicensed. The agreement provides for energy production, environmental mitigation and recreational enhancement.”

The agreement reached by SMUD is a great testimonial to the work of the diverse coalition of ratepayers, anglers, white water recreational boaters, business people and conservationists that attended meeting after meeting to pressure SMUD to go back to the negotiating table.

“It's been a long haul but well worth it!” said Simsiman. “And if you were one of the folks who attended or spoke at a SMUD board meeting, who emailed your concerns to the board, who passed on ROAR! information, donated to ROAR!, sent encouraging email to keep up the good work, wrote articles or editorials, etc. - pat yourself on the back. You've definitely contributed to a legacy that will benefit the Upper American River Project for the next 30-50 years.”


Here is the link to the documents filed with FERC:
http://elibrary.ferc.gov/idmws/file_list.asp?accession_num=20061116-5007