The New York Field Office reviews non-federal hydroelectric projects that are licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act. Section 10(j) of the Federal Power Act allows the Service to make recommendations for measures to mitigate for project impacts to fish and wildlife resources and to provide protection and enhancement. These measures or an equivalent level of protection must be accepted by FERC. Section 18 gives the Service authority to prescribe fish passage; these prescriptions are mandatory and must be included in the license.
There are currently 172 active projects in New York, including 17 currently undergoing relicensing. The major issues of concern to the Service are protecting fish from being entrained into the turbines, upstream and downstream fish passage past the dams, base flows downstream of the projects, impoundment fluctuations, flows in dewatered reaches, wetland impacts, and public access.
In recent years, many project relicensings are being conducted with wide-scale public participation resulting in negotiated settlements for license conditions. This process allows interested stakeholders to negotiate a balanced package of conditions that include energy production, environmental protection and enhancement, economic benefits, and recreational amenities. In the last 8 years we have been instrumental in negotiating settlements for the Beaver River (8 powerhouses), Black River (5), Upper Hudson/Sacandaga River (5), St. Regis River (2), and Raquette River (13), and are currently negotiating settlements for Newton Falls (2), Oswego River (4), Hoosic River (2), and Piercefield (1) Projects.

St. Lawrence/FDR Power Project:

This is the largest project in New York relicensed to date (912 megawatts). The major issues include a drastic decline in the population of American eels, water level fluctuations, and fish entrainment. The license includes 11 major habitat improvement projects to benefit an array of species, including common terns, Blanding’s turtle, osprey, bank swallows, muskellunge, northern pike, lake sturgeon, and walleye. It also includes funding for future unspecified habitat improvement projects, improvements to the Wilson Hill Wildlife Management Area, a research and education fund, and a $24 million fund entitled the Fish Enhancement, Mitigation, and Research Fund (FEMRF); click here for a pdf fact sheet. The New York Power Authority is also currently constructing a ladder for upstream passage of American eel.

The above settlement created the Fish Enhancement, Mitigation, and Research Fund (FEMRF);

Raquette River Projects: This settlement encompassed four projects, 13 powerhouses, and a water supply reservoir (a total of 158 megawatts). Settlement was achieved in 1998, and new licenses were issued by FERC in 2002. Over 10 miles of previously dewatered reaches will receive adequate year-round flows. The most critical reaches have been receiving interim flows since 1997 as part of the negotiated settlement. In addition, all 13 dams will have safe downstream fish movement and protection from entrainment. Water level fluctuations have been greatly reduced throughout the system, providing benefits to numerous fish and wildlife species and wetland habitats.

Niagara Power Project:

This is the largest project in the country undergoing relicensing (over 2,200 megawatts). It is located on one of the Seven Wonders of the World (Niagara Falls). Relicensing commenced in 2002 and will continue until the current license expires in 2007. Among the important issues at this project are water level fluctuations and fish entrainment. Relicensing will occur through a series of public meetings and is expected to culminate in a negotiated settlement.

Saranac River: This is a relatively small project (39 megawatts) with four powerhouses located near the High Peaks area of the Adirondack Mountains. The current license expires in 2006. The Service is currently working with New York State Electric & Gas and other parties to develop a flow study plan to determine appropriate flows through the four dewatered reaches of this project. Other issues include fish protection and impoundment fluctuations.

Mohawk River:

There are numerous hydroelectric projects on the Mohawk River owned by a variety of companies. The Service has worked with many of the licensees to develop safe downstream fish passage, primarily for the anadromous blueback herring, an important forage species. We are currently involved in testing a variety of fish protection and passage measures throughout the river. We currently have a project undergoing relicensing and there are proposals for further developments under review.

Oswego River/Oswego Falls:

These are relatively small projects (about 25 megawatts total) with five powerhouses owned by Reliant Energy. Oswego Falls was licensed in 1998, but certain conditions were disputed by the former licensee. The license for the Oswego River Project expired in 1993 and the project is currently receiving annual licenses. The Service has helped negotiate a settlement agreement, that, when finalized, while provide fish protection and downstream passage at all sites, upstream eel ladders, adequate base flows and flows in the three dewatered reaches, and reduced fluctuations. The Oswego River supports one of the most economically significant fishery resources in New York.

Links:
FERC: http://www.ferc.gov
NYPA (St. Lawrence): http://stl.nypa.gov
NYPA (Niagara): http://niagara.nypa.gov