Hells Canyon Fish Passage: Idaho Power To Appeal FERC’s Decision On Oregon Law
While neighboring states hash out their differences over endangered species, licensing the Hells Canyon Complex on the Snake River hangs in the balance.
Oregon wants fish passage above the dams to reintroduce threatened Snake River chinook salmon and steelhead, but Idaho doesn’t allow the re-establishment of a federally endangered species without a law passed by its legislature.
As the two states wrangle over their diametrically opposed state laws the administration at Idaho Power is getting no reprieve from the Federal Energy Regulatory Commission on the fish passage issue.
A dizzyingly cyclical process started when Idaho Power petitioned FERC in November 2016 to issue a declaratory order that the Federal Power Act preempts the fish passage provisions contained in Oregon Revised Statute.
Idaho Power’s petition said, “It is important for the Commission, as the agency charged by Congress with the administration of the Federal Power Act, to determine whether the Act preempts the Oregon statute as to the Hells Canyon Complex,” the petition said.
Idaho Power officials argued that the Oregon statute requiring fish passage also includes an exemption in the event of federal preemption, yet FERC denied the petition. In 2017 Idaho Power appealed.
Brad Bowlin, communications specialist for Idaho Power, said on Dec. 21 FERC issued an order denying the appeal, leaving 60 days for the company to appeal to the Washington D.C. Appellate Court.
“Basically we are asking the appellate court to review FERC’s decision,” Bowlin said.
Meanwhile, everyone from the Oregon and Idaho’s departments of environmental quality to FERC administrators and Idaho Power managers hope that the governors hold true to their promise last summer to hammer out an agreement on fish passage.
Bowlin said, “This may become a non-issue if the states are able to come to some agreement on fish passage. We are optimistic they are working on a solution.”
Sam Eaton of the Idaho governor’s office said Idaho Power gave his staff notice of their intent to appeal FERC’s decision.
“We understand that they were in a situation where they felt they needed to appeal in order to preserve all available legal options,” Eaton said.
Eaton said in his opinion, the appeal does not affect discussions with Oregon.
“Our negotiations with Oregon have been slow, but very much in earnest. I’m still hopeful we can come to an agreement and ideally in the next few months,” Eaton said.
Also see:
— CBB, Dec. 15, 2017, “Tentative Settlement On Idaho Power’s Hells Canyon Relicensing Expenses Goes To Utility Commission”http://www.cbbulletin.com/439945.aspx
— CBB, Dec. 28, 2017, “Idaho Power To Provide More Information To Idaho, Oregon As Part Of Hells Canyon Complex Relicensing”http://www.cbbulletin.com/439921.aspx
— CBB, May 5, 2017, “Hells Canyon Fish Passage: Idaho, Oregon Governors’ Letter Sets Up Process To Resolve Differences”http://www.cbbulletin.com/438853.aspx
— CBB, Feb. 10, 2017, “Idaho Power Caught Between Idaho, Oregon Laws Regarding Fish Passage At Hells Canyon Complex”http://www.cbbulletin.com/438308.aspx
— CBB, Dec. 16, 2016, “Oregon, Idaho Differ On Clean Water Act Interpretations Regarding Snake River’s Hells Canyon Complex”http://www.cbbulletin.com/438093.aspx
Source: Hells Canyon Fish Passage: Idaho Power To Appeal FERC’s Decision On Oregon Law
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