Vocal Point : Boost in Spokane River flows likely with dam relicensing

A recent article in Your Voice may have left readers with some questions about the Avista relicensing process for the Post Falls Hydroelectric Project. I would like to take this opportunity to update you on the status of our efforts to obtain a new license and also clarify some issues about the operation of our facility.

The operation of the Post Falls Dam manages the level of Coeur d’Alene Lake and Spokane River flows about half the year; the rest of the time, both are determined by precipitation and natural inflow into the lake. That has generally been the case since Avista began dam operations in late 1906.

It should be noted that the operations of the Post Falls facility have not raised the level of Coeur d’Alene Lake above its natural range. Rather, the dam captures the last of the spring runoff before it leaves the lake and maintains a relatively consistent water level throughout the summer months. Without the dam, the lake level would typically decline through July, August and September. At the same time, the Post Falls dam must always provide a minimum flow into the Spokane River. Because of this practice, there is a more consistent summer lake level, and there is actually more water to feed into the river in the late summer and fall when the weather is usually dry and river levels are low.

Avista started work on the relicensing process in 1999, and in 2002 we began formal consultation with numerous stakeholders. After three years of intensive work and collaboration (in more than 200 public meetings) we filed our license application with the Federal Energy Regulatory Commission in 2005. It included proposed license measures that, for the most part, reflected the findings and recommendations from process participants.

We are grateful for the time and effort of hundreds of stakeholders during that time, including representatives of state agencies, local governments, the Coeur d’Alene Tribe, interest groups, and many citizens who care about the Spokane River, Coeur d’Alene Lake and their utility rates.

Once our application was in FERC’s hands, there was a lot more to be done. FERC reviewed our application and sought further public input, along with comments and proposed conditions from others. This included agencies such as the Department of Interior that have authority to impose mandatory conditions on the license.

One of the provisions in the federal 2005 Energy Policy Act is that interested parties are now allowed to challenge the factual basis for proposed mandatory conditions. Avista did so in a hearing before an administrative law judge in 2006, and the resulting findings are being incorporated into final license conditions.

FERC conducted an independent environmental review and released its Final Environmental Impact Statement in July of this year. That document will also help the commission determine the final terms and conditions of a new license.

The commission is unable to make final license decisions until such time as the Idaho Department of Environmental Quality completes a certification under the Clean Water Act. In addition, the U.S. Fish and Wildlife Service must complete its determinations regarding the Endangered Species Act.

The previous license for the projects expired on August 1, 2007. Until the items above are complete, FERC is required to issue an annual license, year to year, under the terms and conditions of the prior license. This is a common occurrence in most license proceedings.

While work on a new operating license continues, Avista has been holding discussions with various parties aimed at resolving certain remaining issues. Several agreements have been completed in the last two years, and we hope the current discussions will help resolve the final steps needed to receive a new license.

Most folks want to know if the new license will require dramatic changes to the way the Post Falls Dam operates. It appears very unlikely that there will be major operational changes. It does seem very likely that minimum flows in the Spokane River downstream of the dam will increase. Other timing and flow adjustments may occur to benefit fish and habitat. Summer lake conditions are expected to be largely similar to the conditions in recent years. However, the new license will include many new measures that Avista will be responsible to implement for environmental protection and enhancement.

Relicensing is a long and complicated process. Avista is thankful for the excellent collaboration we experienced with so many diverse interests over the past few years. We’re really looking forward to ongoing work with many of the same folks when we can begin to implement a new license.

There is a great deal of information posted on Avista’s Web site, including all data and documentation from the collaborative process. There is also contact information there if you have questions or want to find out more. Please see the Web site at www.avistautilities. com/resources/relicensing/ spokane.