USFW, NIPSCO AND SFLECC AGREE TO MODIFICATIONS OF FLOW REQUIREMENTS FROM LAKE FREEMAN

Over the last few months, Shafer Freeman Lakes Environmental Conservation Corporation (SFLECC), US Fish & Wildlife Service(USFW) and NIPSCO have been in discussions about modifying USFW’s mandated dam operation rules for Oakdale Dam. These discussions stem from SFLECC’s court hearing in the Washington DC Court of Appeals, and the subsequent Judges’ order and opinion.

The panel of judges on the DC Court of Appeals essentially told the Federal Energy Regulatory Commission (FERC) and USFW to determine if the USFW’s mandate is only a “minor change” to the operation of the dam. In May of this year, USFW acknowledged that the 2020 drought that caused Lake Freeman to be drained for an extended period of time was not a “minor change”. This led USFW to start the discussion that lead to this compromise.

On August 26, 2022, NIPSCO filed for a License Amendment with FERC to incorporate the compromise that SFLECC, USFW and NIPSCO had discussed, studied and agreed to implement. This compromise consists of reducing USFW’s mandated minimum flow from Oakdale Dam of 500 cubic feet per second(cfs) to a minimum flow of 315 cfs.

“This was a compromise that all the entities involved could agree to,” said Gabrielle Haygood, SFLECC Executive Director, commenting on the requested License Amendment. Also commenting on the Amendment, John Koppelmann, SFLECC Lake Level Task Force Chair said “our calculations show that this minimum flow reduction will significantly reduce the frequency of entering into Abnormal Low Flow events.”

There is a process that FERC has to follow in order to incorporate the Amendment into NIPSCO’s License. This process includes a 30-day public comment period that begins today and ends October 10, 2022.

“The SFLECC needs the lakefront homeowners, area businesses and Local, State, and Federal government officials to submit their comments supporting this change,” said SFLECC President, Mike Triplett.

The process to submit a comment is as follows:

How to File Comments to the Federal Energy Regulatory Commission

Comments by individuals on their own behalf may be made in one of two ways:

1) Filing comments electronically:

  • Go to FERC eFiling system at: eComment
  • click on “eComment”.
  • Follow directions given there.

eComment filings by individuals allow up to 6,000 characters of text-only comments (no pictures or attachments). Reference Project Number/Docket Number: P-12514-090.

2) Filing comments on paper via US Mail:

  • Reference P-12514-090 as Project Number/Docket Number and in capital letters the title as “COMMENTS”, “PROTESTS”, or “MOTION TO INTERVENE”.
  • Pictures or attachments may be included. Following your comments give your name and contact information.
  • Mail an original to:

Secretary Federal Energy Regulatory Commission

888 First Street, NE Room 1A

Washington, DC 20426

Comments on behalf of a company, agency, organization, association or other non-individual and comments exceeding 6,000 characters; and non-text material (exhibits, photos) or file attachments) may also be made in two ways:

1) Filing comments electronically

  • Must use FERC’s eFiling system that requires registration in an unrestricted eRegister account. To register go to eFiling.
  • To register click on “eRegister to gain access to FERC online applications”
  • Once registered go to “eFiling”; log in and follow directions there.
  • eFiling file size is limited to 50Mb and must be submitted in a text searchable format.

2) Filing Comments on Paper via US Mail.

  • Reference P-12514-090 as Project Number/Docket Number and in capital letters the title as “COMMENTS”, “PROTESTS”, or” MOTION TO INTERVENE”
  • No restriction on number of characters.
  • Pictures or attachments may be included. Give your name and contact information (name of entity filing , address, phone number at the end of your comments.
  • Mail an original to:

Secretary Federal Energy Regulatory Commission

888 First Street, NE, Room 1A Washington, DC 20426

Recommended Sample FERC Comment Letter Format

Date: (Before end of comment period)

To: Secretary, Federal Energy Regulatory Commission

888 first Street, NE, Room 1A

Washington, DC 20426

Re: COMMENTS PROJECT NUMBER P-12514-090

Northern Indiana Public Service Company;

Notice of Application for Amendment of License Article 403

From: Your name (or organization)

SECRETARY,

(I, we, the) is (are) in full support of Northern Indiana Public Service Company (NIPSCO) in their request to amend their license to modify the definition of Abnormal Low Flow (ALF) at Lake Freeman. These measures would better protect federally threatened mussels in the Tippecanoe River while also considering socioeconomic impacts to land-owners and other stakeholders by minimizing decreasing lake levels at Lake Freeman.

Thank you for your consideration of our situation here in Indiana.

Contact Information: Writer’s name; organization (if any); address, phone; email