LIHI Certificate #83 Franklin Falls Hydroelectric Project, Franklin, New Hampshire

Portland, Maine (December 15, 2011) - LIHI is pleased to announce that at their December 15, 2011 meeting the Institute’s Governing Board determined that the Franklin Falls Hydroelectric Project meets the LIHI Certification Criteria.   In reaching its decision to certify the Franklin Falls Hydroelectric Project, the Low Impact Hydropower Institute’s (LIHI)  Governing Board reviewed the application for certification, as well as the Application Reviewer’s report. The Project is located on the Winnipesaukee River, in the city of Franklin, Merrimack County, New Hampshire. The Board’s vote to certify the Franklin Falls Hydroelectric Project was unanimous and the Board approves certification for five-years with the following project specific conditions: 

Condition No. 2. By August 1, 2012, Hydro Realty Corporation shall enter into, and provide LIHI with a copy of, an agreement reached between the U.S. Fish and Wildlife Service, the New Hampshire Department of Fish and Game, and Hydro Realty Corporation for providing both interim and permanent safe, timely, and effective downstream passage for American eel, including a description of the planned passage and protection measures and the implementation schedule for design, installation, and operations. Said permanent facilities shall be in place and operational by August 1, 2015, and Hydro Realty Corporation shall notify LIHI within two weeks of completion. In the interim, effective immediately, Hydro Realty Corporation shall institute interim downstream passage which shall consist of nightly shutdowns (dusk to dawn) during rainy nights from August 15 to November 15. Hydro Realty Corporation shall keep a log during this period, showing precipitation and generation information, and provide it to the U.S. Fish and Wildlife Service and the New Hampshire Department of Fish and Game by December 31 annually until permanent measures are in place. This interim passage provision shall be included in the aforementioned agreement. In the event that the U.S. Fish and Wildlife Service or the New Hampshire Department of Fish and Game determine prior to the installation of permanent downstream passage that the above-described interim downstream passage measure is not providing safe, timely and effective interim passage for out-migrating eels, Hydro Realty Corporation shall implement other reasonable interim measures as requested by these agencies. During the term of this certification, should a resource agency request implementation of upstream passage at the Facility, Hydro Realty Corporation shall so notify LIHI within 14 days and provide LIHI with a copy of the request and its response. 

 

The effective certification date for the Franklin Falls Hydroelectric Project is April 10, 2011 and will expire on April 10, 2016.   Any Commenter may submit a letter to the Executive Director within 30 days of the posting of the Certification Decision on the Institute’s Web page.  An appeal request must include specific reasons why the hydropower facility should have failed one or more criteria.  If an individual or organization did not comment on the initial Application Package, they may not file an appeal.

 During the time the Project is certified, you may market the Franklin Falls Hydroelectric Project facilities as LIHI certified. It is your responsibility to maintain compliance with the certification criteria and to notify us of any changed conditions relevant to the certification. This could include changes in agency recommendations, or changes in operations.  You will also be asked to fill out a short form each year to confirm compliance during the preceding year.  The Institute may also conduct occasional follow-up checks with you and/or relevant resource agencies to ensure that the Franklin Falls Hydroelectric Project remains in compliance. 

I strongly recommend you review LIHI’s Certification Use Requirements (addressing the language to be used for describing a LIHI Certified Facility for marketing purposes), our Compliance standards and the penalties for non-compliance, as well as current information about renewing your certification.  That information, as you know, is available at the LIHI website (www.lowimpacthydro.org ).  If you have any questions about any of those materials please call. 

If the Institute identifies a problem with the Franklin Falls Hydroelectric Project’s compliance with the certification criteria, it will evaluate the situation and take any necessary actions.  In the case of non-compliance, possible responses include the suspension or revocation of the certification.  Factors to be considered would include the scope, duration, and intensity of any non-compliance, its effects on the environment, whether the violation was intentional or not, and whether or not there was a valid reason (e.g., public safety) for the non-compliance. 

All certificate holders are invoiced an Annual Fee on the first anniversary of their certification date.  The Annual Fee will be 15% of the original Application Processing Fee and the Annual Fee invoicing will be coordinated with the Annual Compliance mailing sent to all certificate holders on their first and subsequent anniversaries. 

 

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Portland, Maine (April 10, 2011) – LIHI is pleased to announce that Hydro Realty, has submitted an application for Low Impact Certification for its  Franklin Falls hydroelectric project (“the project”) which is located on the Winnipesaukee River, in the city of Franklin, Merrimack County, New Hampshire. The project is located roughly one half mile above the confluence of the Winnipesaukee and the Pemigewasset rivers with the Merrimack River and includes a 4-acre impoundment, which is about 1,748 feet long by 190 feet wide with an average depth of 9.5 feet and a maximum gross storage capacity of about 3.9 acre-feet.

The project is operated as a run-of-river facility. Outflows from the project equal inflows on an instantaneous basis, and water levels above the dam are maintained at the crest of the dam and are not drawn down for the purposes of generating power. The exemptee is required to maintain a minimum flow of 237 cfs or inflow to the project area, whichever is less at all times either through the project or over the dam to maintain water quality and protect acquatic habitat (see Appendix 3-1). Project works consist of: (1) a 164-foot-long and 18-foot-high dam with an integrated 18 foot by 23 foot concrete intake; (2) a 4.5-foor-diameter, 130-foot-long steel penstock; (3) a 25 foot by 30 foot concrete powerhouse one Westinghouse generating unit with a total installed capacity of 350 kilowatts and two Essex generating units with a total installed capacity of 225 kilowatts; (4) a 250-foot-long transmission line; and (5) appurtenant facilities.

The effective certification date for the Franklin Falls Hydroelectric Project is April 7, 2011 and will expire on April 7, 2019.   Any Commenter may submit a letter to the Executive Director within 30 days of the posting of the Certification Decision on the Institute’s Web page.  An appeal request must include specific reasons why the hydropower facility should have failed one or more criteria.  If an individual or organization did not comment on the initial Application Package, they may not file an appeal.

During the time the Project is certified, you may market the Franklin Falls Hydroelectric Project facilities as LIHI certified.

 It is your responsibility to maintain compliance with the certification criteria and to notify us of any changed conditions relevant to the certification. This could include changes in agency recommendations, or changes in operations.  You will also be asked to fill out a short form each year to confirm compliance during the preceding year.  The Institute may also conduct occasional follow-up checks with you and/or relevant resource agencies to ensure that the Franklin Falls Hydroelectric Project remains in compliance.  

I strongly recommend you review LIHI’s Certification Use Requirements (addressing the language to be used for describing a LIHI Certified Facility for marketing purposes), our Compliance standards and the penalties for non-compliance, as well as current information about renewing your certification.  That information, as you know, is available at the LIHI website (www.lowimpacthydro.org ).  If you have any questions about any of those materials please call. 

If the Institute identifies a problem with the Franklin Falls Hydroelectric Project’s compliance with the certification criteria, it will evaluate the situation and take any necessary actions.  In the case of non-compliance, possible responses include the suspension or revocation of the certification.  Factors to be considered would include the scope, duration, and intensity of any non-compliance, its effects on the environment, whether the violation was intentional or not, and whether or not there was a valid reason (e.g., public safety) for the non-compliance. 

All certificate holders are invoiced an Annual Fee on the first anniversary of their certification date.  The Annual Fee will be 15% of the original Application Processing Fee and the Annual Fee invoicing will be coordinated with the Annual Compliance mailing sent to all certificate holders on their first and subsequent anniversaries.

The project is located on the Winnipesaukee River in downtown Franklin. The project utilizes a previously existing impoundment and the plant is unmanned, but operation is monitored on a 24/7 basis.

On December 12, 1982, Hydro Realty filed an application to exempt the existing, unlicensed, 800-kilowatt Franklin Falls project from the licensing requirements set forth under Section 408 of the Energy Security Act and Part I of the Federal Power Act (FPA). On January 20, 1983, the Federal Energy Regulatory Commission (“FERC”) issued an Order Granting Exemption from Licensing (the “Exemption”) for a project 5MW or less, to Hydro Realty for the continued operation of the Franklin Falls project, FERC Project No. 6950.  Construction of the Franklin Falls project was completed in 1874 when first power was generated. The project has operated successfully since initial power was generated in 1874.

The Franklin Falls project (“the project”) is not currently required by any state or federal agency to maintain upstream or downstream fish passage facilities. The agencies reserved the right during the exemption process to require fish passage facilities at the project, if and when they are deemed necessary.

The Applicant has talked with John Warner, Energy/Hydropower Coordinator for the New England Field Office, U.S. Fish and Wildlife Service, and he has confirmed via email dated April 6, 2011 that in 1994 US Fish and Wildlife started developing a requirement for downstream passage at the project. Any plans on the part of U.S. Fish and Wildlife to require downstream passage at the project were subsequently suspended until the agencies resume stocking herring in Winnisquam/Silver Lake.  U.S. Fish and Wildlife reserves the right to require downstream passage at the project if and when the stocking program for herring in Winnisquam/Silver Lake is resumed.

Since the Franklin Falls project has operated without a water quality certificate since its first date of commercial operation in 1874, Hydro Realty is currently working with Mr. Ted Walsh, Surface Water Monitoring Coordinator for the New Hampshire Department of Environmental Services, to develop and implement a testing program to confirm that the Franklin Falls project is not causing or contributing to violations of state water quality standards.(see Appendix B-2) Testing will begin in 2011 and all required testing is expected to be completed by September 30, 2011. The results will be forwarded to the Low Impact Hydropower Institute upon receipt.

 

Public Comments

We encourage public comments on this application. Specifically, we are interested in knowing whether you think the Franklin Falls Hydroelectric Project meets our LIHI criteria. Review the program and criteria in greater detail and then review the Franklin Falls Hydroelectric Project’s application. Comments that are directly tied to specific LIHI criteria (flows, water quality, fish passage, etc) will be most helpful, but all comments will be considered. Comments may be submitted to the Institute by e-mail at info@lowimpacthydro.org  with " Franklin Falls Hydroelectric Project comments" in the subject line; by fax at (206) – 984-3086; or by mail addressed to LIHI, 34 Providence Street, Portland, ME, 04103. Comments must be received at the Institute on or before 5 pm Eastern time on June 10, 2011 to be considered. All comments will be posted to the web site and the applicant will have an opportunity to respond. Any response will also be posted. 

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