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Hydro Power Litigation Update May 2021

Monday, May 3, 2021 U.S. District Court Rejects Appeal of Corps 404 Permit and Biological Opinion as Collateral Attack on FERC License Amendment Order In  Save the Colorado v. Semonite, U.S. District Judge Christine Arguello ruled that the U.S. District Court for the District of Colorado did not have jurisdiction to hear a challenge by environmental groups to a Clean Water Act (CWA) section 404 permit issued by the U.S. Army Corps of Engineers (Corps), or an associated biological opinion under the Endangered Species Act (ESA) issued by the U.S. Fish and Wildlife Service (USFWS), for the City and County of Denver’s proposed dam raise and reservoir expansion.  In a March 31 order, the district court dismissed the case, finding that the exclusive forum for challenging the dam raise was in the U.S. court of appeals because both agency approvals were “inextricably intertwined” with a license amendment granted by the Federal Energy Regulatory Commission (FERC) under th

Tri-State approves FERC settlement offer, reducing wholesale rates to members

In an effort to meet part of its Responsible Energy Plan, Tri-State Generation and Transmission Association, Inc. reached a settlement of its wholesale rate and contract filings made with the Federal Energy Regulatory Commission on Friday. The Tri-State Board of Directors, which includes a representative from each of the power supply cooperative’s utility members, approved the proposed settlement of its wholesale rate and contract filings with FERC. Under the terms of the settlement, which requires FERC approval, Tri-State says it will immediately reduce its wholesale power rates 2%, followed by another 2% wholesale rate reduction in 2022. This means people should see a 2% reduction on their bills moving forward.

Chesapeake Bay and Environmental Progress at the Conowingo Dam

Chesapeake Bay and Environmental Progress at the Conowingo Dam May 3, 2021 Exelon Makes Initial Payments of More than $5.7 Million to Maryland under $200 Million Agreement Incorporated into Dam Relicensing Photo by Stephen Badger/Maryland Department of Natural Resources Maryland has received the first payments, totaling more than $5.7 million, under an agreement that requires the owner of the Conowingo Dam to invest in environmental projects and operational enhancements to improve water quality in the Lower Susquehanna River and the Chesapeake Bay. Conowingo Dam owner Exelon Generation Company LLC made payments to the Maryland Department of the Environment (MDE) and the Maryland Department of Natural Resources (DNR) to allow for the start of a series of projects that will play a key role in Maryland’s holistic strategy to improve water quality and accelerate the restoration of the Chesapeake Bay. The agreement requires a total of more than $200 million in investments by Exelon

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