FERC Comment Period Open on Hydroelectric Dam Project

A three-hour informational meeting on Wednesday, Jan. 18, regarding Andy Peklo's application for the at 29 Pomperaug Rd. mainly consisted of residents airing their concerns about the process, the project and its impact to the site.

Bob Easton, with the Federal Energy Regulatory Commission, said a comment period is open until Friday, Feb. 17.

Residents interested in submitting comments to the Federal Energy Regulatory Commission regarding Peklo's proposal may send statements via the eComment system.

Documents may be mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, D.C. 20426. The commission requests the original document and seven copies be sent to the above address.

The full text of Peklo's hydroelectric dam proposal before FERC contains the following project description:

"The Pomperaug Hydro Project would consist of: (1) the existing 90-foot-long, 15-foot-high Pomperaug River dam equipped with three existing gates; (2) an existing 0.1-acre impoundment with a normal water surface elevation of 226 feet above mean sea level; (3) an existing 40-foot-long, 42- to 50-inch-diameter penstock; and (4) an existing powerhouse integral to the dam, containing one new 76-kilowatt turbine generating unit. Project power would be transmitted through a new 24-foot-long, 208-volt underground transmission line. The proposed project is estimated to generate an average of 300,000 kilowatt-hours annually."

Peklo conducted a slide presentation on the project. [Slides may be viewed in the pictures section of the article.] He said a certain amount of water will be diverted thought the proposed fish passage. Peklo said he thinks of that as lost revenue, but also an environmentally sound payback.

He said that Trout Unlimited approached him about sectioning off a spot to raise trout fingerlings. The trout would eventually be released back into the Pomperaug River.

"It helps the ecology of the river," said Peklo.

Residents and representatives of FERC attended a on Wednesday, Jan. 18. The main concern about the process was that neighboring residents felt they were not properly notified of Peklo's proposal. Attorney Matthew Ranelli of Shipman and Goodwin is representing the Wolcott family, residents of Pomperaug Road.

"We think there's been a real failure of notice," he said.

Ranelli said he hopes FERC extends the comment period or denies Peklo's application without prejudice, so the process can begin again. Easton said that after the environmental analysis is completed, another public comments period will likely be announced. Comments may be sent to FERC throughout the process, he said.

Once FERC renders a decision, the people who filed for intervenor status can file for a re-hearing if they do not agree with FERC's decision, Easton said. He confimed that some people have filed for that status but was not sure how many.

Run of the River

Peklo said he is not proposing a store-and-release of water and intends to operate a 'run of the river' operation. No water will be held and then released, he said. Peklo added that there is no proposal to raise the dam's height, a statement that some residents have disputed.

Exemption Vs. License

Peklo is applying for an exemption from licensing. Easton explained that an exemption is a type of application.

"An exemption from licensing is a regulatory misnomer," said Easton. "It means you don't need to seek a license."

He said regulatory oversight takes place as long as the project continues.

"An exemption does not mean there is no FERC oversight," said Easton.

If Peklo's proposal is approved and the property changes hands in the future, Easton said the new owner will have to decide if they want to continue the hydroelectric dam use or surrender, which means forgoing the hydroelectric use.

Property Rights

Fred Plumb was one of two speakers who spoke in support of Peklo's proposal.

"I'm a property rights advocate," he said.

Plumb said that in 1980, his father looked into buying the mill and would have researched a hydroelectric use for the site too.

Rosemary Giuliano said she maintains that the Pomperaug Road neighbors have property rights that are equal to or in excess of Peklo's property rights. She said Peklo did not conduct proper title searches.

Easton said FERC will make sure that rules have been followed in that regard.

Duncan McDougall was the second person who spoke in favor of Peklo's proposal. He said that when he moved to town, the building at 29 Pomperaug Rd. was falling apart.

"Nobody had the guts to restore that old building but Peklo," said McDougall.

He said that if this country is going to gets its feet on the ground, clean energy projects within the country are the way to go.

The Majestic Falls

The impact to aesthetics was important to the residents who spoke at the site visit and at the meeting. Karen Reddington-Hughes said the waterfall is majestic and noted the scenic designation of the road. She said one would think the town would go out of its way to protect the scenic road.

Other concerns detailed by residents at the meeting included loss of tax revenue to the town, disruption to the environment and a loss of visual and auditory beauty.
Easton said FERC will take all spoken and written comments into consideration. He said FERC will look back at the process and determine if the appropriate communication procedure was followed.

Selectman George Hale asked if Peklo's application includes a request to be exempt from paying property taxes. Easton said FERC has no jurisdiction over property taxes. Peklo said he is looking into that matter.