Hydropower Projects in Some Form of Active Appeal or
Reconsideration either at FERC or in the courts

Project, FERC #,  River

Status

Presumpscot River Projects

Saccarappa- #2897

Gambo- #2931

Mallison Falls- #2932

Little Falls - #2941

Dundee - #2942

Fall 2003 FERC granted new licenses and S.D Warren /SAPPI filed appeals to US Circuit Court of Appeals on FERC license conditions and to the Maine Supreme Court contesting the DEP 401 Water Quality Certification. Both were denied. SDW filed with United States Supreme Court arguing WQ certification not required. Action pending.

Flagstaff

FERC No. 2612

Dead River

November 2003 DEP issued Section 401 Water Quality Certification. March 2004 FERC issued new license.  On appeal by various NGOs, BEP reversed and denied WQC on July 15, 2004. New License for Flagstaff has been stayed by FERC. FPLE appealed the denial of Section 401 Water Quality Certification by the BEP to Maine Superiuor Court and  stay of license by FERC to the US Circuit Court of Appeals. Both are pending.

Fort Halifax

FERC No. 2552

Sebasticook River

Ft. Halifax received approval for surrender of license and partial dam removal from FERC and DEP. Save Our Sebasticook appealed FERC’s decision with the US Circuit Court of Appeals and was denied on Dec.9, 2005. SOS filed with the Maine Superior Court over the BEP’s order approving partial dam removal. Action on this is still pending.

Union Gas

FERC No. 2556

Messalonskee River

Currently inoperable and shut down. Approved for recon-struction and resumption of operations.

Doug Watts appealed the DEP permit to Maine Superior Court on Nov. 29, 2005. Action still pending.