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Condit Dam Removal Condit Dam Removal - Access Washington

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<strong>Condit</strong> <strong>Dam</strong> Hydroelectric Project<br />

Final Supplemental EIS<br />

agency or organization was that, from their perspective, the long-term and overall benefits would<br />

outweigh the short-term impacts.<br />

In a declaratory order issued December 21, 2001, FERC determined that the<br />

amendment/settlement application is in essence an application to surrender the existing license to<br />

operate the dam with a future effective date, and would be treated as such. Thus, the surrender<br />

alternative, reached through settlement negotiations, became the proposal before FERC. A<br />

NEPA SEIS was prepared by FERC to augment the October 1996 FEIS. The June 2002 FSFEIS<br />

assessed the effects associated with approval and implementation of the Settlement Agreement,<br />

including staff-identified modifications, as well as other surrender alternatives, including project<br />

retirement without dam removal.<br />

In its declaratory order, FERC noted that it sees no statutory barrier to deferring the processing<br />

of a timely-filed relicense (previously this was referred to as a “new license”) application while it<br />

considers an alternative proposal reached through settlement negotiations. Therefore, if the<br />

surrender is not granted, or is granted and not accepted by PacifiCorp, it is possible that the<br />

relicensing proceeding might resume. In order to save any additional time and effort that might<br />

be required if this occurs, the FSFEIS also provided updated data related to the relicense<br />

proposals presented in the 1996 FEIS. Rather than increasing the term of the license, FERC has<br />

granted year-by-year extensions.<br />

Between November 16, 2004 and February 8, 2005, the parties to the Settlement Agreement all<br />

signed an MOA modifying the <strong>Condit</strong> Hydroelectric Project Settlement Agreement. That MOA<br />

modifies the Settlement Agreement by changing the implementation date from 2006 to 2008;<br />

changing the $2,000,000 cap on mitigation costs to $5,300,000; and changing the total cost cap<br />

from $17,150,000 to $20,450,000. PacifiCorp then filed an application with FERC for<br />

amendment of decommissioning and request for continued abeyance of decommissioning and<br />

licensing proceedings on February 25, 2005.<br />

2.3 NEED FOR STATE ENVIRONMENTAL REVIEW<br />

Ecology is both the Lead Agency for SEPA and the regulatory decisionmaker for a portion of the<br />

permits that require SEPA documentation to support permit decisions. In December 2001,<br />

during the time that FERC was developing their FSFEIS, Ecology initiated an evaluation of<br />

SEPA procedural requirements relative to the removal of the <strong>Condit</strong> <strong>Dam</strong>, and the extent to<br />

which the NEPA process adequately covered issues that needed to be addressed under SEPA,<br />

including those raised during the SEPA public scoping process conducted by Ecology in late<br />

2001. Based on that evaluation, Ecology determined that the NEPA documents were not<br />

adequate to meet all requirements of SEPA, a SEPA SEIS would be required, and the preparation<br />

of this SEPA SEIS was initiated.<br />

Pursuant to <strong>Washington</strong> Administrative Code (WAC) 197-11-620, the SEPA SEIS focuses on<br />

issues not adequately covered in the FERC FEIS or the FSFEIS. A number of items have been<br />

included because some SEPA requirements differ from those of NEPA. Also, the FERC<br />

documents did not provide adequate information for State decisions. In other cases, the SEPA<br />

requirements demanded more detailed description of actions that would cause impacts; therefore,<br />

the SEPA SEIS evaluates potential impacts related to details of the project that were provided<br />

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