At their September 22, 2011 meeting the Institute’s Governing Board determined that the West Dudley Hydroelectric Project meets the LIHI Certification Criteria. In reaching its decision to certify the West Dudley Hydroelectric Project, the LIHI’s Governing Board reviewed the application for certification, as well as the Application Reviewer’s report. The Board’s vote to certify the West Dudley Hydroelectric Project was unanimous, and the Board approves certification for the West Dudley Hydroelectric Project for five-years with the following project specific conditions:
Condition 1. West Dudley, LLC shall develop a system for maintaining records sufficient to demonstrate compliance with the headpond elevation and flow management limitations set forth under the terms of the FERC exemption and the Mass DEP letter of July 8, 2011. Within three months of the date of issuance of the certification, West Dudley, LLC shall provide LIHI with a written flow management plan that outlines the systems in place to properly manage flows and headpond levels and to produce compliance records. Prior to filing the plan, West Dudley, LLC shall obtain plan approval from U.S. Fish and Wildlife Service and Mass DEP (agencies); written confirmation of the approvals will be filed with the plan.
Condition 2. West Dudley, LLC shall complete its Summer 2011 water quality sampling and provide the data to Mass DEP for a determination as to whether the Facility complies with dissolved oxygen standards. The data report and Mass DEP’s determination shall be filed with LIHI no later than December 31, 2011.
Condition 3. By August 1, 2012, West Dudley, LLC shall enter into, and provide LIHI with a copy of, an agreement reached between the U.S. Fish and Wildlife Service, the Massachusetts Division of Fisheries and Wildlife, and West Dudley, LLC 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 West Dudley, LLC shall notify LIHI within two weeks of completion. In the interim, effective immediately, West Dudley, LLC shall institute interim downstream passage which shall consist of nightly shutdowns (dusk to dawn) during rainy nights from August 15 to November 15. West Dudley 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 Massachusetts Division of Fisheries and Wildlife 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 Massachusetts Division of Fisheries and Wildlife 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, West Dudley LLC 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, West Dudley, LLC 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 West Dudley Hydroelectric Project is April 7, 2011 and will expire on April 7, 2016. Any Commenter may submit a letter to the Certification Administrator requesting an appeal 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.