The Franklin Regional Council of Governments (FRCOG) is considering splitting a $15,000 to $20,000 bill with Montague, Gill, Erving and Northfield to hire legal counsel for the next phase of FirstLight Hydro Generating Co.’s Federal Energy Regulatory Commission (FERC) relicensing process, with all Selectboards but Erving’s having approved their town’s share of the spending.
According to an email FRCOG Director of Planning and Development Peggy Sloan sent to each involved town’s administrator, FRCOG has already engaged in “preliminary discussions” with Attorney Ronald Shems from law firm Tarrant, Gillies & Shems for an assignment that would have them “review and provide written comments on FirstLight’s proposed settlement agreement.” The firm’s scope of work would also include recommendations for changes to counterproposals prepared by FRCOG or the towns, one or two joint meetings, and other input.
The three FirstLight facilities up for relicensing through FERC — a hydro-pump facility at Northfield Mountain and two hydroelectric dams in Turners Falls — have been criticized for their impact on the Connecticut River and surrounding environment.
The Connecticut River Conservancy, an organization devoted to protecting the Connecticut River that would directly be affected by the outcome of relicensing, has said the dams have impacted fish migration, and that the changes in river flow have influenced wildlife habitats and caused excessive erosion of the riverbanks. Likewise, the Northfield Mountain facility has also been criticized for its impact on fish populations.
With an agreement in principle in place regarding FirstLight’s hydropower-related flows and fish passage plans, the Massachusetts Division of Fisheries and Wildlife, Massachusetts Natural Heritage and Endangered Species Program, National Marine Fisheries Service, The Nature Conservancy and the U.S. Fish and Wildlife Service are negotiating a final settlement agreement. The organizations previously expressed hopes to have the final agreement signed by June 30.
Town officials involved in the relicensing process have expressed various frustrations regarding impediments and a lack of surety throughout this multi-year process. Tarrant, Gillies & Shems, Sloan wrote, has already been advising the Connecticut River Conservancy. FRCOG hopes that in conjunction with the four involved towns, they could split hours with the conservancy to save money.
So far, three of the four towns, each prompted to contribute up to $2,500 toward a $10,000 total that is equal to FRCOG’s own contribution, have agreed the investment would be worthwhile.
“FERC matters are incredibly complicated from a legal perspective and I think it’s wise to have appropriate guidance so our interests are properly represented,” Gill Town Administrator Ray Purington explained.
“I highly recommend spending $2,500 in conjunction with all of our stakeholder partners,” Northfield Selectboard Chair Barbara “Bee” Jacque said before the board approved the spending last week. “I think it’s a small amount for a really large and long-lasting impact.”
“There are some details that are in need of some legal guidance and advice,” Montague Selectboard Chair Rich Kuklewicz commented at last week’s meeting.
Erving Selectboard Chair Jacob Smith said Thursday that his board has not yet discussed participation in the collaboration, adding that he is unsure when the discussion will be and what the outcome of the conversation will be.
Reach Julian Mendoza at 413-772-0261, ext. 261 or jmendoza@recorder.com.