California — Although it has taken a back seat to the Klamath Hydroelectric Settlement Agreement (KHSA), the Federal Energy Regulatory Commission’s (FERC) relicensing proceedings for dams on the Klamath River continue to play a role in the dam discussion.

The two issues are considered to be connected – the FERC proceedings brought forth suggested mitigations for four dams on the Klamath River with price tags in the millions, and the KHSA lays out a framework for the possible removal of those dams – and a recent letter from the Hoopa Tribal Council highlights the role that the KHSA has had in delaying the FERC proceedings.

The letter, addressed to Jeanine Townsend, clerk to the State Water Resources Control Board, asks that action be taken on dam owner PacifiCorp’s relicensing application, a process that has been put on hold in the five years since the dams’ licenses expired.

“Although FERC has completed all the steps necessary to re-license the Klamath Project with terms, conditions, and mitigation measures required by current law, the re-licensing has permanently stalled due to [the KHSA] ... PacifiCorp and certain parties have unlawfully attempted to circumvent FERC jurisdiction, agreeing, without FERC’s consent, to hold this re-licensing proceeding in abeyance,” the letter states.

One of the core issues raised in the letter revolves around the acquisition of 401 certification under the Clean Water Act, a required step in the relicensing of dams. The tribe argues both that the state water board may find that it can deny PacifiCorp’s water quality certification application because “‘idefinite delays in processing applications are not in the public interest,’” and that FERC can deem the 401 certification waived and issue the license for the dams with the mititgating measures proscribed.

Part of the concern, according to the letter, is that the dams will continue to be run with annual licenses under 1954 standards until they are either removed in 2020 or relicensed in the event that they are not removed.

“The Klamath Project license is ready for issuance,” the letter concludes. “The only obstacle is the lack of a section 401 certification, or formal waiver, from the States of Oregon and California.

“It is clear that neither of those States intends to issue a certification or a formal waiver for years to come. In the meantime, the Project simply continues operating without compliance with current law. The Board must step in and re-assert its control over this re-licensing proceeding.”

The tribe, which has opposed the KHSA but supports dam removal, was denied an opportunity late last year to be heard in the United States Court of Appeals for the District of Columbia Circuit regarding the lack of interim measures on the Klamath dams.
 
– David Smith can be reached at dsmith@siskiyoudaily.com