03/10/08

Latest News - 3/10/08

Metro Hydroelectric continues to pursue a license.  They continue their suit against Metro Parks.  In December of 2007 the company filed suit against FERC because FERC terminated the licensing process.  The appeal in the 6th Circuit Court of Appeals is also active.

At the beginning of March 2008, Metro Hydroelectric's three year Preliminary Permit expired.  The company immediately filed an application for the renewal of the permit.

What this means for the Gorge Dam Hydroelectric Project:

1.  Allthough much of the news of the last year has been favorable for opponents of the project, the project has not been permanently stopped.

2.  FERC did leave the door open for Metro Hydroelectric to start a new ILP if they are able to secure access to the park property.  It remains to be seen if FERC will grant a renewal of the Preliminary Permit.

3.  This project is not dead yet so keep sending your letters of opposition to this project to the Summit Country Metro Parks and elected officials.  Information on how to do that can be found here.

Gorge Dam -  Page Index

Gorge Metro Park Hydro Project

Hydro project threatens Cuyahoga and Gorge Metro Park

Writing a letter to FERC opposing the hydro project

What else you can do to get involved

Background information on the hydro project

Links to FERC documents related to the hydro project

Alert:  Grave threat to the Cuyahoga River, Gorge Metro Park and the environment in Northeast Ohio. 

The Federal Energy Regulatory Commission (FERC) has granted Advanced Hydro Solutions a preliminary permit to establish a hydro project on the west bank of the Cuyahoga River immediately down stream of the First Energy dam in Gorge Metro Park.  MetroParks Serving Summit County is opposed to this project.  Nonetheless, First Energy, citing a deed restriction which they claim gives them the right to use the park for hydro electric production, signed an agreement with Advanced Hydro Solutions over the park's stated objections, freeing the way for FERC to approve the preliminary permit.  In addition to many local, state and national environmental and conservation organizations, both Ohio Department of Natural Resources and Ohio Environmental Protection Agency commented on their concerns for impacts of this project on habitat and fisheries.  Ohio EPA suggested that this might cause the loss of at least one designated uses.  It is against Ohio EPA rules to remove a designated use from a waterway.  

In May of 2005, a Pre Application Document was filed with FERC. The application identifies meager benefits, insufficient to offset the substantial public loss and major environmental degradation. The proposal says the project will serve a maximum of 2,000 homes (less than .1% of the households in Summit County) with cheap, renewable, green energy.  These claims are not substantiated.  Electrical production is based on inaccurate flow data and is significantly inflated.  Rate payers will not have lower bills.  Despite unsupported claims by the applicant, regional air quality will not improve one iota. Not one less barrel of foreign oil will be imported.  

There are serious environmental and social issues with this proposal.  The people of Summit County own this land.  It is also home to a variety of unique and endangered species and supports regionally rare and unique ecosystems. Over the past decades, billions of public and private dollars have been invested in restoring our Cuyahoga River.  Dams have been identified as a major obstacle in cleaning up the river.  In the last five years, the public has invested over $5 million dollars in removing and modifying dams. 

Your letters opposing this project should be sent as soon as possible to the Federal Energy Regulatory Commission (FERC) .  It is likely that a permit will not be issued until 2007 at the earliest but FERC needs to know as soon as possible how many people oppose this project.

Where to send the letters:

Federal Energy Regulatory Commission

Secretary, Magalie R. Salas

888 First Street, NE

Room 1A

Washington, D.C. 20426 

RE: Metro Hydroelectric Company, Project Number P-12484-001

You must include a reference to the project name and number on your envelope and on your letter.

What to write about:

Express to FERC how this project will result in :

• Loss of public parklands without public compensation

• Negative impacts to the visitor experience (aesthetic and recreational value)

• The construction of roads, a penstock, and a power plant  in Gorge Metro Park

• The destruction of mature (old growth) forests

• The loss of sensitive habitat for numerous rare and endangered species

• The lowering of water quality in the Cuyahoga River

• Dewatering of 800-feet of the Cuyahoga River, seriously compounding existing combined sewer overflow (CSO) pollution, and causing increased threats to human health and water quality.

You may download a one page Word document that summarizes the concerns Friends of the Crooked River and suggests what you can include in your letter:

Letter Writing Guidelines (Word Format)

What you can do:

1. Make public comments to FERC  

2.  Send a letter to MetroParks Serving Summit County letting them know that you oppose the project and that you support their strong stance against the project.  Letters can be sent to:

Keith Shy, Executive Director

MetroParks Serving Summit County

975 Treat Line Rd.

Akron, OH  44313-5837

3. Send a letter to Betty Sutton within who's district Gorge Metro Park lies.  Let her know that you would like her to take a stance against the project.

The Honorable Betty Sutton

U.S. House of Representatives

1721 Longworth House Office Building

Washington, D.C.   20515

4.  Join Friends of the Crooked River.  Download an application by clicking here.  (Word Format)

Background Information (Time Line)

When the dam was constructed in 1915, its uses were to create a cooling pool for a coal fired power plant upstream of the dam and hydraulic head for a hydro turbine some thousand feet downstream. The hydro-project was abandoned and demolished due to insufficient hydro-electrical production because of inadequate and unpredictable flow.  As flow conditions have not ostensibly changed since that project was dismantled, there is no evidence that the proposed project would produce enough electricity to compensate the company for their expenses or the public for the loss of environmental, economic and aesthetic benefits which this project will eliminate. 

1.  In December of 2003, Advanced Hydro Solutions, now DBA

Metro Hydroelectric Project
150 North Miller Rd. Suite 450 C
Fairlawn, OH 44333
330 869 8451

drafted a proposal to FERC (Project assigned P-12484-000) for a preliminary permit to study the feasibility of establishing a hydro project on the west wall of the Gorge Metro Park.  The project defined a penstock running from the top of dam to a site on the river some 500 ft. downstream.  The proposal outlined expected production.  (see FERC Documents attached) 

2.  In the middle of March 2004, a public notice appeared in an obscure weekly paper in southern Summit county, defining the proposal and soliciting a public comment period which would close on March 30. 

3.  Less than one month before the close of the comment period, Clifford Phillips approached Keith Shy, Executive Director, MetroParks Serving Summit County, to explain their project and to express a willingness to work with the park district.  Director Shy referred the proposal to the next hearing of his commissioners which was scheduled for the next week.  The commissioners expressed their dismay that the company had waited nearly 3 months to inform the MetroParks, the land owners, of their intentions.  After deliberation, the company was informed that the commissioners would oppose the project, request an extension of the public comment period and considered the project in direct opposition to their publicly supported mission to protect natural resource and provide recreation.

4.  Friends of the Crooked River, Ohio Environmental Council and American Rivers filed a motion to intervene.

[In a perhaps separate matter, in August the Ohio EPA sent a letter to First Energy stating that the TMDL on the lower Cuyahoga River found that dams were a major cause of nonattainment of aquatic life in the river and that discussion concerning removal of the gorge commence.]

5.  In September of 2004, First Energy and Advanced Hydro signed an agreement to allow Advanced Hydro to use their facility.  In this agreement, First Energy revealed an easement in gross for the use of hydro energy production which they claim to retain from a deed attached to the transfer of land from First Energy's predecessor to Metro Park's predecessor. 

6.  Although MetroParks never gave consent either to First Energy or to Advance Hydro, apparently FERC considered the agreement between First Energy and Advanced Hydro to equate to landowner consent and signed a preliminary permit, paving the way for the project to begin the license process.

7.  On July 27th, over 350 people attended public comment sessions held by FERC.  No citizens, government agencies or organizations spoke in favor of the project. 

Organizations that spoke out against this project, had serious questions about its impact on the River or have voiced their opposition to it in the past include:

MetroParks Serving Summit County
Friends of the Crooked River
Northeast Ohio Watershed Council
Keel Haulers Canoe Club
Ohio Environmental Council

Ohio Environmental Protection Agency
City of Cuyahoga Falls
Cuyahoga Valley Communities Council
Summit Soil and Water Conservation District
Summit County Council
Cuyahoga Remedial Action Plan
Cuyahoga River Navigator
Cuyahoga Valley National Park
Geauga Country Metroparks
Friends of the Metro Parks
Akron Garden Club
Kent Environmental Council
Friends of Wetlands
American Whitewater
American Rivers
Rivers Unlimited

8.  On October 13, 2005, Metro Hydroelectric submitted Study Plans to FERC explaining how they would study the impact of their project on Gorge Park, the Cuyahoga River, and surrounding community.

9.  In a period of public comment, many organizations submitted comments to FERC concerning deficiencies in the Study Plans and suggested remedies that would improve these studies.  Groups submitting comments included MetroParks Serving Summit County, Ohio EPA, Friends of the Crooked River, National Park Service and the U.S. Fish and Wildlife Service.

10.  In Spring of 2006, FERC approved the Study Plans.  The final Study Plans were approved despite being changed to address only a few of the concerns raised about the plans.  In particular, the Geotechnical study is seen as potentially very harmful to Gorge Park.  It could require heavy equipment in the park and consequent removal of trees, drilling of holes, and construction of access roads/trails.

11.  On May 1, 2006, Board of the MetroParks Serving Summit County takes the position that the easement granting Metro Hydroelectric access to Gorge Metro Park is no longer valid.  Metro Hydroelectric is no longer permitted in Gorge Metro Park.  FOCR believes that this decision was taken in part to prevent the Geotechnical study from proceeding because of its potential damage to the park.

12.  On July 24, 2006,  Metro Hydroelectric sues the Metro Parks in Federal Court.  Metro Hydroelectric asks for a temporary restraining order so that they can access Gorge Metro Park.

13. On August 14, 2006, Judge John Adams grants a partial restraining order.  Metro Hydroelectric may now access the park to conduct some but not the most potentially destructive of their studies.  This restraining order was valid for only two weeks.

14.  In October of 2006, Metro Hydroelectric withdrew their lawsuit without further comment. 

15. In early 2007, Metro Hydroelectric reinstated their lawsuit.

16.  On February 20,  2007, Judge John Adams granted an injunction that allows Metro Hydroelectric to access Gorge Metro Park in order to conduct all but one of the studies required by the FERC permitting process.  At this point the geotechnical study may not be conducted.  Many have expressed concern about the potentially destructive nature of the geotechnical testing. 

17.  On April 23, 2007, the US 6th Circuit Court of Appeals granted Metro Parks a stay of the preliminary injunction granted in February.  This means that Metro Hydroelectric cannot currently access Gorge Metro Park in order to conduct their studies.  Without the completion of these studies a permit cannot be granted.  It appears that the project is on hold until the litigation is resolved. 

18.  On May 25th, 2007,  the US 6th Circuit Court of Appeals denied  Metro Hydroelectric's appeal of the stay of the preliminary injunction granted Metro Parks  This means that Metro Hydroelectric cannot currently access Gorge Metro Park in order to conduct their studies.  Without the completion of these studies a permit cannot be granted.  It appears that the project is on hold until the litigation is resolved.

19.  On June 14th, 2007, the Federal Energy Regulatory Commission (FERC) terminated the Integrated Licensing Process for Metro Hydroelectric's application for Gorge Metro Park.  FERC cited the recent court decisions that denied the company access to park property.  According to the termination letter, the lack of access to the property means that the studies specified by FERC will not be completed in the timeframe specified by FERC hence the termination of the ILP.  The full letter may be downloaded from here in MS Word format.

20.  Metro Hydroelectric continues to pursue a license.  They continue their suit against Metro Parks.  In December of 2007 the company filed suit against FERC because FERC terminated the licensing process.  The appeal in the 6th Circuit Court of Appeals is also active.

21. At the beginning of March 2008, Metro Hydroelectric's three year Preliminary Permit expired.  The company immediately filed an application for the renewal of the permit.

What you can do now :

1.  Keep writing letters to public officials letting them know that oppose this project.  Click here for more info.

2.  Join Friends of the Crooked River and support us in our opposition to this project.  An application is available here.

The following documents are in pdf format and are accessible here:

Notice on Intent to file an application

Appendix C of the PAD - photographs

1.  Click here to go to FERC's docket search. 

2.  Enter the docket number for this project : P-12484 and click Submit

3.  A list of documents and their descriptions will appear.  To view the actual document click on "File List" under the "Information" section.  There will then appear a list (sometimes only one file) of files related to that document.