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Federal panel allows dam advocacy group to be heard

By Amy Calder June 25, 2008 04:19 PM

WINSLOW — A group that has fought to prevent removal of Fort Halifax Dam has won what appears to be a small battle in its quest to be heard by a federal panel that authorizes dam removals.

Save Our Sebasticook, the advocacy group, learned Tuesday that the Federal Energy Regulatory Commission has granted it “intervenor status,” or the right to legally appeal commission and court decisions regarding FPL Energy Hydro LLC’s request to remove the dam.

“What this indicates to me is that they (FERC) understand there is new information that they will be considering,” said SOS founder, state Rep. Kenneth C. Fletcher, R-Winslow. “Where that leads us I have no idea. I would certainly like to think that — even if it may be a long shot — that FERC is saying things have changed and we, in the interest, of finding the best solution, may want to open the hearings again.”

Charged with either removing the dam or building a fish lift, FPL chose to remove part of the dam, and got a FERC permit to do so.

SOS members argued removing the dam could pose a danger to people, homes and wildlife along the river.

The town Planning Board in March approved removal of the dam, with conditions, including that the whole dam, not part of it, be removed. The local Zoning Board of Appeals last week affirmed the Planning Board’s Decision and FPL’s vice president, Allen Wiley, said steps will soon be taken to remove part of the dam.

FPL had to apply again to FERC for permission to remove the whole dam and that permission has not yet been granted.

Meanwhile, the U.S. Department of the Interior last week submitted comments to FERC opposing SOS’ motion to intervene, saying SOS did not make a convincing case that it would be directly affected by dam removal.

“It (SOS) makes the bald assertion that its participation is in the public interest, but offers no evidence that this is so,” the Interior Department’s memo says. “There is, however, reason to think that its participation is not in the public interest.”

But FERC’s motion to grant SOS intervenor status, dated June 24, sides with SOS on that matter, saying SOS filed a timely motion to intervene and has been active in earlier proceedings related to the surrender of the license for the project and removal of the dam.

“Under the circumstances, Save Our Sebasticook has demonstrated sufficiently that it has an interest in the proceeding and that its participation would be in the public interest,” the document, signed by FERC secretary Kimberly D. Bose, says. “Therefore...the motion to intervene filed by Save Our Sebasticook is granted...”