TURNERS FALLS — Residents carrying signs and posters at an information session regarding FirstLight Hydro Generating Co.’s application for a water quality certification from the state Department of Environmental Protection shared their concerns about the widespread environmental impact they feel the energy company has on the Connecticut River, but left with a series of unanswered questions.

A water quality certification from MassDEP is required as part of FirstLight’s relicensing process through the Federal Energy Regulatory Commission (FERC) for its Connecticut River hydroelectric facilities. FirstLight has operated the Turners Falls dams and Northfield hydro-pump facility under a temporary license since 2018 and is seeking a 50-year license renewal through FERC.

More than 50 people attended Thursday’s information session in person at the Shea Theater Arts Center, while others tuned in on Zoom. Five officials from MassDEP, the Division of Fisheries and Wildlife (MassWildlife), and the Department of Conservation and Recreation (DCR) gave presentations about the layered process. A cohort of FirstLight representatives were also present at the four-hour-long meeting, but were not permitted to answer questions or take comments.

Tim Jones, acting director of the MassDEP’s Division of Wetlands and Waterways, presented a summary of information from prior meetings while offering clarifying information on the responsibilities MassDEP holds in this process.

Jones recapped some questions that came through during the public comment period in June, with one presentation slide dedicated to how the river could meet water quality standards required for certification. Another slide was dedicated to outlining what MassDEP can and cannot consider when deciding to approve, deny or waive the water quality certification. Topics that are outside of MassDEP’s scope to consider include tribal, historical and cultural interests that are not regulated under state water quality laws, as well as economic, social and societal impacts.

The second presentation by David Hilgeman, MassDEP’s senior environmental engineer within its wetlands program, discussed erosion. The third presentation, the longest of the four, included details on river flow and wildlife shared by Jesse Leddick and Caleb Slater of MassWildlife. Office for Outdoor Recreation Director Paul Jahnige gave the fourth presentation on recreation and river conservation.

Each presentation contained information about respective settlement agreements, available studies about the Connecticut River and public comments received. Recommendations for improvements or changes that would be contained in the certification were also included, such as improving mechanisms for safe fish passage during migration.

Questions and some answers

Throughout the meeting, questions were asked after each presentation, with priority given to those in the theater, rather than from Zoom participants. Certain questions could not be answered by officials, and some audience members expressed their dismay at the lack of clarification on certain issues.

Concerns over wildlife protection, public transparency and how certain parts of the Connecticut River are monitored were raised.

Jones explained early in the night that MassDEP could not answer certain questions about the certification, stating, “There are limits that we have to place on discussion tonight, and that’s because we’re in the middle of the certification process.” He added that he could not comment on what MassDEP “intends to do or would like to do for the certification” or on evidence given to MassDEP for its decision.

Amid these restrictions, some questions from the audience were not answered. In one instance, attorney Sarah Matthews asked Jones about protecting shortnose sturgeon that were discovered above and below the Turners Falls dam while studies are conducted on the migratory fish. Jones said he could not comment, due to that being part of the consideration for MassDEP’s certification.

The Connecticut River Conservancy’s Massachusetts River Steward Nina Gordon-Kirsch asked about what species are being prioritized in the context of the ongoing drawdown of the power canal. FirstLight’s annual drawdown of the canal has been extended to approximately Oct. 20 for a maintenance project.

This question comes in the context of the Clean Water Act of 1972, which states that designated uses of a river must ensure the good health of wildlife and plants. The Clean Water Act notes certain endangered or threatened species present in the river before 1972 receive priority.

“So which species get authority in your process and how you make that decision?” Gordon-Kirsch asked.

Jones responded, reiterating his point about the Clean Water Act and necessity for compliance, but he did not provide a specific answer on what species of wildlife or plants are prioritized within MassDEP’s purview.

“Those sensitive plant species, one is endangered and one is threatened, require heightened protection. Under the water quality standards, that’s our obligation to protect those sensitive species,” Jones explained.

Former Nolumbeka Project President Joe Graveline, who has been advocating for Indigenous interests during the relicensing process, noted that Indigenous lands are present within FirstLight’s operating scope, and under federal law, must be considered before a new license is issued.

When asked by Graveline if there will be consideration of Indigenous interests, Jones replied, “Under our water quality standards as they’re presently written, we cannot consider the interests that I mentioned earlier.”

Jones added that he is aware of the federal requirement, and it may play a role in the relicensing.

Although FirstLight representatives were not permitted to speak at Thursday’s meeting, FirstLight Communications Manager Claire Belanger wrote in an email to the Greenfield Recorder on Friday that the company is “grateful” to MassDEP for hosting another opportunity for public engagement.

“We are proud of the 12 years of work we’ve undertaken in pursuit of a new license to continue the legacy of our projects and the tremendous value they bring to the clean energy transition,” Belanger wrote. “We are eager to have a new license in hand, allowing us to bring to life the significant commitments we’ve agreed to through this relicensing process to enhance aquatic habitat, boost recreation and support a healthy Connecticut River.”

At the end of the meeting, panelists thanked audience members for their patience and said to refer to MassDEP’s webpage on FirstLight’s water quality certification at tinyurl.com/yc3y4tvw for a recording of the meeting, along with documents related to the relicensing.

In April 2024, FirstLight submitted its water quality certification application to MassDEP, and a public comment period and two public information sessions were held over the summer. In December, MassDEP will issue a draft certification that will be subject to a public hearing and written comment period, and in January 2025, the public comment period will end. The final deadline for MassDEP to issue a certification decision will be April 22, 2025.

Erin-Leigh Hoffman can be reached at ehoffman@recorder.com or 413-930-4231.