| February 18, 1998
FOR IMMEDIATE RELEASE
FOR MORE INFORMATION CONTACT:
EWEB COMMISSIONERS AUTHORIZE UTILITY TO PARTICIPATE IN COURT APPEAL REGARDING MCKENZIE RIVER HYDROELECTRIC FACILITIES Eugene Water & Electric Board will file as an intervenor in a court appeal regarding the utility's Leaburg-Walterville hydroelectric facilities on the McKenzie River. The appeal was filed against the Federal Energy Regulatory Commission (FERC) by several organizations including Oregon Department of Fish & Wildlife, National Marine Fisheries Services and a coalition of environmental groups led by American Rivers. EWEB's Commissioners unanimously authorized this involvement last night, which enables the public utility to represent local interests in support of FERC's license process. "The question the court will consider is not whether the content of EWEB's license is correct, but whether FERC followed the correct process," says EWEB General Manager Randy Berggren. "This is about license process, not content." For the groups' case to be successful, they must prove that FERC failed to adequately consider important information when issuing the license. In addition to authorizing the utility to intervene, the Board unanimously authorized EWEB to file for "stays" on what it called the "big ticket items" tied to fish protection and mitigation efforts. Improvements outlined in the license must be completed within a designated time frame and a "stay" temporarily stops the clock. However, the Board expressed its interest in moving forward with a number of other environmental and recreational enhancements. The new license for the Leaburg-Walterville hydro facilities includes, at EWEB's recommendation, approximately $12 million in fish migration and protection facilities, including an additional fish ladder at Leaburg; a fish screen at Walterville to prevent fish from entering the generation facilities; and tailrace barriers, which guide fish away from the turbines. Other improvements include riparian area improvements and recreation work. "With regard to the stays, it is not prudent stewardship of public funds for EWEB, as a publicly owned utility, to invest millions of dollars in a project without knowing the project will be economic if something is dramatically changed in our license or through new interpretations of the law," explains Berggren. EWEB will proceed with a number of important projects outlined in the license, including wildlife protection plans, design work on the proposed fish screens and ladder and several vegetation plans. The Board also expressed its continued desire to establish a McKenzie River land trust. In issuing a license to a hydro facility, FERC considers how to best balance river uses, including recreation, fish and wildlife and power generation. In its license application, EWEB provided its recommendation for balancing river uses and based those recommendations upon the results of many habitat studies and much discussion with other river users, including fish and environmental representatives. "The creation of the application was a long-term, collaborative process between diverse groups with a stake in the river," Berggren says. The Leaburg-Walterville relicensing efforts have spanned 12 years. As an intervenor, the utility will file a brief to the court that supports and emphasizes the elements of FERC's license that were based on EWEB studies. The utility may also participate in the oral presentation before the court, upon FERC's agreement. As an intervenor, EWEB could supplement the record provided by FERC if important information requires clarification. The utility would also receive information regarding the lawsuit, including correspondence and briefs. -30-
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