MORGANTOWN – Lake Lynn Generation’s annual elevation and flow report gives a retrospective look at its response to the summer drought conditions that stirred – and is still stirring opposition ot its management of its hydroelectric project.
Lake Lynn is required to file the report with the Federal Energy Regulatory Commission each year. From May 1-Oct. 1, it’s supposed to maintain Cheat Lake’s elevation between 868 and 870 feet; Nov. 1-March 31, 857-870 feet; April 1-30, 863-870 feet.
The summer drought put Lake Lynn in a trilemma – having to choose between three competing FERC license requirements: maintain the summer level of 868-870 feet; maintain a flow rate of 212 cubic feet per second (cfs) into the Cheat, with an absolute minimum of 100 cfs; and maintain dissolved oxygen at 5 milligrams per liter for the aquatic life.
Lake Lynn’s report, submitted to FERC on Tuesday and posted by FERC on Wednesday, shows a brief variation on May 10, 2024 – 3 hours 30 minutes – where the lake rose about a third of a foot above the maximum elevation.
The drought stretch began on Sept. 7 and ran through Sept. 30 – a total 22 days. The elevation reached 1.1 below minimum Sept. 7-13; 2/7 feet below minimum Sept. 13-20; 3.3 below minimum Sept. 20-27. The last three-day stretch says “end of the event.”
Lake Lynn told FERC, “Extremely low inflow into the project reservoir and severe drought conditions made it impossible to maintain all three license requirements during the month of September 2024.” It chose to maintain spillway flow and dissolved oxygen levels. “LLG operation staff acted appropriately to prioritize complying with its license requirements to minimize adverse aquatic ecosystem impacts to the Cheat River downstream of the project.”
Lake Lynn reminded FERC that anticipating the drought, it submitted a request for a temporary variance to the lake level requirement in July. The West Virginia Department of Environmental Protection first approved the request then withdrew the approval in the face of public concerns. FERC then requested more information. Seeing that the process would extend beyond the drought period, Lake Lynn withdrew its request on Sept. 11.
Lake Lynn has told FERC that to help remedy the competing license requirements in the future, the company has proposed, in its Final License Application, to develop an Operation Plan that will include standard operating procedures to be implemented during periods of low inflow and low dissolved oxygen, “which will document the prioritization of license requirements and how Lake Lynn will comply with the operational requirements of the license.”
Public protests, filed with FERC, mentioned such issues as largely empty marinas, dock damages, boats stranded on mud flats, vast swaths of hydrilla covering portions of the lake surface, and effects on tourism, recreation and the area economy.
Other issues
Lake Lynn’s Lake Lynn Hydroelectric Project license expired Nov. 30. FERC in December issued an annual license to allow Lake Lynn to continue operating while FERC processes its license renewal application.
Protests are stil trickling in to FERC, chiefly regarding Lake Lynn’s proposal to remove 243.8 acres of project land no longer needed for project purposes from its project boundary.
A protest filed last week says, “I am in favor of them continuing to operate the electric generation facility. But they need to increase the maintenance and upkeep of the area surrounding Lake Lynn, the park and the trail that was created, and the public access to the area. However, I am opposed to them removing property from what they list as the park area.
“The representatives have said that they have no intention of selling this excess acreage, the letter continues. “But if it is removed and if the right price is offered, I think they will change their mind. I have a special interest as a property owner at Lake Lynn. Unfortunately, some of the property that they propose to remove is between my property and the lake. It would be totally unacceptable to have someone else come in and take ownership of that property and obstruct our access. … Just leave it as it is.”
Another protest, filed Jan. 6, notes that the acreage in question is valuable, with 5 nearby acres offered for $1.2 million. And Lake Lynn hasn’t said what it will do with the land. “A sale of the acreage for millions of dollars is plainly in the offing, for why would the licensee bother to retain and care for land that in its judgment is no longer ‘needed?’”
Selling to a developer, the letter says, would be “to the everlasting detriment of water quality, wildlife, recreation, shoreline management, and natural aesthetics.”
Meanwhile, a lawsuit filed by the Biafora family business Marina 1 LLC against Lake Lynn Generation continues to play out in federal court.
Marina 1 is seeking $50,000 compensation for property damages, alleging that before the Labor Day weekend, Lake Lynn deliberately lowered the level of Cheat Lake below the 868-foot minimum in violation of its FERC license. This caused various damages, some of them irreparable.
The case originated in Monongalia County Circuit Court and Marina 1 wants it moved back there, and out of the U.S. District Court for the Northern District of West Virginia in Clarksburg.
Lake Lynn wants the case kept in federal court. It argues the case should be dismissed because it is “an impermissible collateral attack” on its FEC license, the federal court has no jurisdiction over how the company should prioritize competing FERC license requirements, and Marina 1’s claims are preempted by federal law.
