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Idaho Power to Oppose NMFS Push for Brownlee Water by Jude Noland Lewiston Tribune, June 21, 2001

The National Marine Fisheries Service wants 350,000 acre-feet from behind Idaho Power's Brownlee Reservoir by the end of July, to aid spring and summer migrating salmon and steelhead. But Idaho Power says it opposes NMFS's request, and it seems FERC may also be leaning in Idaho Power's direction.

In a May 30 letter to FERC, NMFS not only said it was terminating ESA consultations on the existing license for the Hells Canyon complex, but also directed the commission to "act under its authority to timely require Idaho Power to operate its Hells Canyon complex in coordination with federal efforts to improve the anticipated poor survival conditions for ESA-listed juvenile salmon and steelhead migrants this spring and summer."

Measures that would help the fish include "timely release of water stored in Brownlee Reservoir and pass-through of waters released from upstream federal reservoirs," NMFS' letter said. "We advise that IPC release at least 350,000 acre-feet of water stored at its Brownlee project prior to July 31.

Idaho Power indicated it will resist NMFS' directive. "What this indicates is that the NMFS position has proven itself to be one that would require operation of Hells Canyon in the interest of fish, not energy needs," said IPC spokesman Jeff Beaman. "We strongly believe the migration issues...are problems of the federal government's making," related to federal projects on the Snake River, he added. NMFS "should focus on those rather than looking upstream for water."

NMFS' directive apparently was not too well-received at FERC, either. Mark Robinson, director of FERC's office of energy projects, last Thursday sent letters to both Idaho Power and NMFS, responding to NMFS' directive. Commission staff is reviewing NMFS' request, Robinson told both NMFS and Idaho Power, but needs additional information to assist in that review.

Robinson asked Idaho Power for information on how the IOU proposes to operate Hells Canyon this summer, including "projected flow releases and the extent to which this operation will meet the target flows recommended by NMFS."

In addition, Robinson wants to know "the effect of the recommended releases on reservoir levels and any associated effects on recreation, irrigation and other water uses, and on the amount and value of the project's power generation," as well as "quantitative information" on how the proposed releases would affect Idaho Power's ability to meet customers' power needs during the current year "and an estimate of any additional costs to meet those needs." And if the utility does not intend to release the water per NMFS' request, "provide a detailed explanation of your position."

Robinson's June 7 letter to NMFS assistant regional administrator Brian Brown asked for a bit more information. "Your letter does not provide scientific support for the relief requested, or an explanation of why it is necessary and appropriate for the listed species," Robinson wrote.

Therefore, he asked NMFS to provide the scientific basis for its conclusion that the proposed water release is needed, including "analysis of what action is necessary to avoid jeopardizing the continued existence of any listed species or adverse modification to critical habitat of such species."

FERC also requested "a description of the specific goals that NMFS seeks to achieve through the recommended action," as well as a "detailed response" to FERC's February 1999 biological assessment of the Hells Canyon project, which concluded that ongoing operations do not adversely affect the listed species. In addition, FERC wants NMFS' analysis of the economic and power generation impacts of the releases, "including any analysis" of their impact on the West's summer energy situation, and any NMFS analysis "showing whether the desired resource results could be achieved at lower cost or at a lesser reduction in generation."

Robinson also asked for evidence that "any ongoing harm" to listed species or habitat can be attributed to the Hells Canyon operations, "as opposed to resulting from current drought conditions or actions at other hydropower facilities in the Columbia and Snake River Basins."

Robinson also wanted to know what arrangements NMFS has made with other federal agencies to protect listed species in the Snake River this summer.

In addition, he took NMFS to task for terminating consultation on ESA issues, calling the agency's actions directly contrary to the suggestions of an interagency task force on hydro relicensing. "It is my understanding that negotiations regarding Hells Canyon have been fruitful and, at least from Commission staff's perspective, have not been concluded," Robinson says.

Idaho Power has been conducting what the utility calls an informal collaborative process for its Hells Canyon relicensing. Four environmental groups, including American Rivers and Idaho Rivers United, recently withdrew from the process, citing Idaho Power's decision to withhold information about ongoing studies on the dam's impacts on salmon.

Craig Jones, Idaho Power's Hells Canyon relicensing manager, said the company decided to wait until its studies were complete, rather than release information piecemeal, to avoid an "incomplete snapshot" of the data. "We can't release partial or incomplete information that can be taken out of context and used in another forum," he told NW Fishletter. "We want to make good decisions with good credible science behind them."