`
`Lockwood Project (FERC No. 2574)
`Hydro-Kennebec Project (FERC No. 2611)
`Shawmut Project (FERC No. 2322)
`Weston Project (FERC No. 2325)
`
`May 5, 2021
`
`
`
`
`Via E-Filing
`
`Kimberly D. Bose, Secretary
`Federal Energy Regulatory Commission
`888 First Street, N.E.
`Washington, D.C. 20426
`
`RE:
`
`Lockwood Project (FERC No. 2574) (“Lockwood”); Hydro-Kennebec Project (FERC
`No. 2611) (“Hydro-Kennebec”); Shawmut Project (FERC No. 2322) (“Shawmut”);
`Weston Project (FERC No. 2325) (“Weston”) (collectively, the “Projects) Interim
`Species Protection Measures
`
`
`Dear Secretary Bose:
`
`Brookfield Renewable – US (“Brookfield”), on behalf of: (i) The Merimil Limited Partnership
`(“Merimil”), in connection with Lockwood, (ii) Hydro-Kennebec LLC (“HKLLC”), in connection with
`Hydro-Kennebec; and (iii) Brookfield White Pine Hydro LLC (“BWPH”), in connection with
`Shawmut and Weston referenced individually, as “Licensee” and collectively, as “Licensees”),
`herein provides proposed interim species protection measures for downstream migrating Atlantic
`salmon for the 2021 passage season. The Projects are located on the lower Kennebec River in
`Maine.
`
`The National Marine Fisheries Service (“NMFS”) issued Biological Opinions (“BOs”) for the four
`Projects in 2012, 2013 and 2017, which included Incidental Take Statements (ITSs) and
`Reasonable and Prudent Measures (RPMs) necessary to minimize and/or monitor incidental
`take1. The ISPPs for the Projects expired on December 31, 2019 and the Licensee filed with the
`Commission, a final SPP and draft Biological Assessment (“BA”) for Atlantic salmon. On July 13,
`2020, in response to comments received by NMFS, US Fish and Wildlife and the Maine
`Department of Marine Resources,2 the Commission issued a letter rejecting the Licensees’
`request to amend the Project licenses to include the provisions of the SPP and a second letter
`indicating that any fish passage measures, and requisite Section 7 ESA consultation, for the
`Shawmut Project would be considered under relicensing.
`
`
`
`
`
`
`
`1 FERC issued an Order Approving the Atlantic Salmon ISPP for the Hydro-Kennebec Project on
`February 28, 2013 and approved a further extension of the ISPP on March 14, 2018. FERC issued an
`Order Amending License to require the ISPP and the Handling and Protection Plan for Shortnose and
`Atlantic Sturgeon for the Lockwood, Shawmut and Weston Projects on May 19, 2016.
`2 Comment letters dated February 7, 2020 from NMFS; February 28, 2020 from the US Fish and Wildlife
`Service; and March 20, 2020 from the MDMR.
`150 Main Street Tell: 207.755.5600
`Lewiston, ME 04240 www.brookfieldrenewable.com Fax: 207.755.5655
`
`
`

`

`
`
`Although the Licensees are obligated to continue to comply with the terms and conditions
`contained in the current ITSs and BOs issued by NMFS on May 25, 2017 and July 19, 20133, and
`have committed to file in short order, a new revised SPP with the FERC,4 NMFS by letter dated
`April 29, 2021 recommended that the Licensees “take any reasonable precautions to try to
`eliminate unauthorized take of salmon” until the conclusion of the consultation process.
`Accordingly, after analyzing whole station survival, spill passage survival estimates and diel
`migration patterns of Atlantic salmon smolt, the Licensees propose as an interim measure for the
`protection of downstream migrating Atlantic salmon smolt, full station shut downs from May 5
`through May 31, 2021, at Lockwood, Hydro-Kennebec and Shawmut. For reasons described
`below, Licensee is not proposing a station shut down at Weston.
`
`
`Baseline Downstream Whole Station Survival
`
`The Lockwood, Hydro-Kennebec, Shawmut and Weston Projects have generally high existing
`downstream passage effectiveness and survival rates. Based on the results of downstream
`passage studies, the three-year average station survival for Lockwood is 98.6%, Hydro-Kennebec
`Project is 94.7%, and Shawmut is 93.5%. It has been determined that measures undertaken by
`the Licensee as part of the ISPP to increase downstream passage routes by dropping four
`sections of flashboards at the Shawmut Project will likely result in the station survival rate meeting
`or exceeding 95%. Licensee’s three year downstream passage study at Weston indicated a
`95.0% survival rate.
`
`Spill Passage Survival
`
`Based on Atlantic salmon smolt studies conducted at the Projects from 2012 to 2015, the average
`whole station survivals and passage route and survivals are presented in the table below.
`
`
`% UTILIZATION3 % SURVIVAL1,2
`25.0%
`98.5%
`
`
`
`
`
`6.6%
`7.7%
`57.0%
`-
`
`98.8%
`90.6%
`100.0%
`98.6%
`
`PROJECT
`Lockwood
`(2013-2015)
`
`
`
`
`
`
`ROUTE
`Downstream Bypass
`Powerhouse
`Units 1-6
`Unit 7
`Spill (Bypass Reach)
`WHOLE STATION
`
`
`3 To accommodate sufficient time to consult with the agencies on the revised SPP/BA and continue the
`protection measures contained in the ISPPs pursuant to the FERC licenses, Brookfield requested, on
`behalf of the Licensees, by letter dated July 29, 2020, that the 2013 ISPP for the Lockwood, Shawmut
`and Weston Projects and the 2017 ISPP for the Hydro-Kennebec Project be extended. On December 2,
`2020, FERC requested a BA analyzing the effects to Atlantic salmon of an extension of the ISPPs to May
`31, 2022, when a new final SPP would be due. The Licensees filed the BA with the Commission on
`February 1, 2021. Following consultation with NMFS and FERC, by letter dated April 30, 2021, the
`Licensees provided notice of its commitment to file a revised final SPP.
`4 See letter dated April 30, 2021.
`150 Main Street Tell: 207.755.5600
`Lewiston, ME 04240 www.brookfieldrenewable.com Fax: 207.755.5655
`
`
`

`

`PROJECT
`Hydro-
`Kennebec
`(2012-2014)
`
`Shawmut
`(2013-2015)
`
`Weston
`(2013-2015)
`
`
`
`
`
`
`
`
`
`
`
`
`ROUTE
`
`
`% UTILIZATION3 % SURVIVAL1,2
`39.3%
`97.9%
`
`Downstream Bypass
`
`
`
`
`
`
`
`
`
`Powerhouse
`Unit 1
`Unit 2
`Spill
`WHOLE STATION
`Downstream bypass
`Powerhouses
`Units 1-6
`Units 7-8
`Hinged board spill4
`Spillway4
`WHOLE STATION
`Downstream Bypass
`Powerhouse
`Spill (North Channel)
`WHOLE STATION
`
`22.0%
`5.3%
`30.6%
`-
`38.7%
`
`11.6%
`21.1%
`5.2%
`21.4%
`-
`42.8%
`30.6%
`23.6%
`-
`
`93.2%
`82.2%
`100.0%
`94.7%
`97.4%
`
`92.1%
`93.1%
`86.7%
`100.0%
`93.5%
`92.8%
`98.3%
`94.7%
`95.0%
`
`Notes:
`1 Route-specific percent (%) survival values are based on the full number of radio-tagged smolts determined to have utilized a
`particular route regardless of release location (i.e., values for Shawmut represent smolts released upstream and downstream of
`Weston as well as immediately upstream of Shawmut). These values are adjusted to account for background mortality in the section
`of river between the dam and first downstream receiver.
`2 Whole-station survival values represent the three-year average at each project location based upon the subset of smolts released
`immediately upstream of each dam and adjusted for background mortality using passage success of the concurrent subset of smolts
`released immediately downstream of each dam.
`3 The percent (%) utilization represents the percentage of smolts utilizing a particular route over the three-year study period. Note
`that totals do not sum to 100% as during some years, individuals approaching the project may have failed to pass or passed
`undetected.
`4 Hinge board spill only available during final release of 2014 study and 2015 study year and refers to smolts passing via the three
`sections opened adjacent to the power canal. Spillway refers to smolts passing via the central log sluice or Obermeyer sections (not
`distinguished).
`
`
`At Lockwood, Hydro-Kennebec and Shawmut, passage on spill exhibited high survival (100%)
`and moderate utilization (ranging from 21.4% at Shawmut to 57.0% at Lockwood). Redirecting
`Atlantic salmon smolts to passage routes with the highest survival through the implementation of
`simultaneous station shut-downs and bypass reach spill flows will reduce the incidence of take at
`these Projects.
`
`Conversely, the Weston Project exhibited the highest overall average survival through the
`powerhouse. As a result, station shut downs and spill to the North Channel would not be expected
`to reduce the incidence of take at this Project and, therefore, no additional interim measures are
`proposed for the Weston Project.
`
`150 Main Street Tell: 207.755.5600
`Lewiston, ME 04240 www.brookfieldrenewable.com Fax: 207.755.5655
`
`
`

`

`
`
`Diel Migration Patterns
`
`In the Penobscot River, the majority of smolts migrate in a short period of time, as demonstrated
`by NMFS’ Penobscot River smolt trapping studies conducted between 2000 and 2005. These
`data show that 74 percent of the downstream run occurs in fifteen days in mid-May, and that the
`majority of the smolt migration appears to take place after water temperatures rise to 10°C
`(USFWS unpublished cited in Black Bear 2012).
`
`In the Kennebec River basin, rotary screw trap sampling conducted in the Sandy River during
`2012-2015 provides some information on the seasonal timing of smolt outmigration for the
`Kennebec River projects (FPLE 2013; BWPH 2014, 2015). Although the dates of sampler
`installation and removal varied from year to year due to river conditions and site access, the date
`of peak capture for Atlantic salmon smolts ranged from May 7 to May 18 among the four sampling
`years.
`
`
`River temperatures in the lower Kennebec are currently 10°C so the interim measures have been
`initiated at the Lockwood, Hydro-Kennebec and Shawmut Projects as of the date of this letter and
`will capture the majority of the anticipated downstream migration duration. As stated previously,
`the Weston downstream fish passage facility and project operations will be unchanged as a result
`of higher turbine survival compared with spill.
`
`Please contact me at 207-233-1995 or by email at Kelly.Maloney@brookfieldrenewable.com if
`you have any questions or comments.
`
`
`
`Sincerely,
`
`
`
`Kelly Maloney
`Manager, Compliance - Northeast
`
`cc: M. Buyoff, J. Crocker; NMFS
`K. Maloney, J. Seyfried, A. Brown, N. Stevens, S. Michaud, J. Rancourt, R. Dorman; Brookfield
`
`150 Main Street Tell: 207.755.5600
`Lewiston, ME 04240 www.brookfieldrenewable.com Fax: 207.755.5655
`
`
`