Because stopping the Gorge Dam Hydroelectric Project was so important, Friends of the Crooked River dedicated this page to providing you
with information about this project.
Latest News – Advanced Hydro Solutions Drops Permit Application- 7/12/09
On July 12, 2009, Advanced Hydro Solutions abandoned its permit application. This project is now defunct. This is great news for the river, of course, and great news for Gorge MetroPark. Now, let’s see about removing the monstrous First Energy Dam…
Latest News – The FERC renews
Preliminary Permit – 10/17/08
On October 17, 2008, the Federal Energy
Regulatory Commission (FERC) renewed Metro Hydroelectric’s Preliminary
Permit for another three years effectively keeping the project alive.
In the document issuing the renewal the FERC did state that another
renewal of the permit is unlikely and that permit may be terminated
earlier if Metro Hydroelectric does not show progress in moving the
project forward. The next progress report from Metro Hydroelectric
is due 3/31/2009.
Latest News – Major Legal
Victory for the Metro Parks – 9/04/08
On September 4th, 2008, the US Court of Appeals for
the 6th Circuit ruled in favor of the Metro Parks Serving Summit County.
The MPSSC was being sued by the Metro Hydroelectric Company (MHC).
MHC sued the MPSSC in federal court claiming the park district was
illegally interfering with a federal process by denying MHC access to
Gorge Park in order to conduct studies in support of its hydroelectric
project. In a major victory for all those opposed to the
hydroelectric project, the appeals court ruled that access to the park
property is not a federal issue and remanded the case the federal court
in Akron with a recommendation that the case be dismissed.
The fight to stop this project may not yet be over.
MHC might attempt to pursue legal action at the state or local level.
We will keep you informed of the latest developments.
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.
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.
22. On September 4, 2008, the US
6th Circuit Court of Appeals rules that access to park property is not a
federal issue and remands the case to the Federal Court in Akron with a
recommendation for dismissal. This is a major victory for the
Metro Parks.
23. On October 17, 2008, the Federal
Energy Regulatory Commission (FERC) renews Metro Hydroelectric’s
Preliminary Permit for another three years. In the document
issuing the renewal the FERC does state that another renewal of the
permit is unlikely and that permit may be terminated earlier if Metro
Hydroelectric does not show progress in moving the project forward.
The next progress report from Metro Hydroelectric is due 3/31/2009.
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.
How to Access FERC documents related
to this project
The following documents are in pdf
format and are accessible here:
Notice on Intent to file an application
Pre
Application Document (PAD)
Appendix C of the PAD – photographs
All other documents can be accessed in
the following manner:
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.