On 9/29/2022, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:

Docket(s):  P-12514-090

Lead Applicant: Northern Indiana Public Service Company

Filing Type:  Delegated Order

Description:  Order Approving Temporary Amendment re Northern Indiana Public Service Company, LLC under P-12514. 

For more information and to view the full document for this Issuance, click here: https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20220929-3010

Excerpt from Order Approving Temporary Amendment:

Licensee’s Request

18. On August 26, 2022, following successful negotiations with FWS and the Conservation Commission, NIPSCO filed a request to amend Article 403 of the license to better define Abnormal Low Flow conditions at Lake Freeman, revise the approved Project Operation and Compliance Plan to reflect the changes to the definition, and void the RPM and the Technical Assistance Letter from the FWS’s July 5, 2017, BO. Because of the current threat of impending low-flow conditions at the project, the licensee requested expedited approval of the amendment.
19. In short, the definition of “abnormal river conditions” would be changed to a 24-hour daily average flow of ≤ 260 cfs from 300 cfs at the NIPSCO Buffalo gage; a 24-hour daily average of river flow requirement of ≤ 190 cfs would be added as measured at the USGS Winamac gage; and in the event of an equipment or operation issue at Oakdale unrelated to weather conditions upstream, a 24-hour daily average of river flow would be changed to ≤360 cfs instead of the previous 570 cfs at the USGS Oakdale gage.
20. The licensee, FWS, and the Conservation Corporation mutually agreed to several adjustments in the procedure outlined in the Technical Assistance Letter that would become a section of the Operations and Compliance Plan titled Abnormal Low Flow Plan (Low Flow Plan), as follows:
    

Parameter	Existing Requirement Under 2017 BO RPM	Revised Requirement
Onset of ALF event, U.S. Geological Survey (USGS) Buffalo Gage	24-hour daily average of    ≤ 410 cfs	24-hour daily average of    ≤ 260 cfs
Onset of an ALF event, USGS Winamac Gage	24-hour daily average of    ≤ 300 cfs	24-hour daily average of    ≤ 190 cfs
Onset of an ALF event, USGS Oakdale Gage	24-hour daily average of    ≤ 500 cfs	24-hour daily average of    ≤ 315 cfs

18. The Low Flow Plan is designed to maintain higher reservoir levels on Lake Freeman during low flow conditions, while also providing sufficient flows downstream to protect ESA-listed mussels. In addition, the ALF Plan includes measures for the initiation and close of low flow events, protocols for implementing Low Flow Plan requirements, specific measures for complying with the plan, procedures for addressing malfunctioning gates, and monitoring and reporting requirements.
19. The amendment request also includes proposed changes to the approved Project Operation and Compliance Plan. These changes reflect the addition of the new plan with procedures for the initiation and close of plan protocols, implementation of protocols, compliance requirements, specified circumstances outside NIPSCO’s control, malfunctioning gages, monitoring, and reporting.
    Consultation on Application
20. The licensee developed its proposal in consultation with FWS and the Conservation Corporation. By email dated August 25, 2022, FWS provided concurrence on the proposed amendment. By email dated August 24, 2022, the Conservation Corporation also expressed concurrence with the proposal.
    II. Public Notice
21. On September 8, 2022, Commission staff issued a 30-day public notice period regarding the licensee’s amendment request. The comment period ends on October 10, 2022.
    III. Revised Biological Opinion
22. On September 8, 2022, Commission staff requested the reinitiation of formal ESA consultation with the FWS for the proposed amendment, including a Biological Assessment (BA) in the consultation package. Commission staff concluded that the proposed action, including the implementation of the conservation measures in the BA, may affect and is likely to adversely affect clubshell mussel, fanshell mussel, and sheepnose mussel. According to the BA, the proposed action, including the implementation of the conservation measures, may affect but is unlikely to adversely affect rayed bean and snuffbox mussels because there is no evidence that they are currently present in the affected section of the Tippecanoe River. Finally, the BA concluded that the proposed action, including the implementation of the conservation measures, may affect and is likely to adversely affect rabbitsfoot mussel; however, it is unlikely to cause adverse modification of the species’ critical habitat.
23. On September 14, 2022, FWS issued a new BO. The FWS concurred that the amendment is likely to adversely affect the clubshell, fanshell, rabbitsfoot, sheepnose, and rabbitsfoot critical habitat. The BO provides an effects and jeopardy analysis based upon anticipated incidental take, as a result of this project. FWS determined that this project is not likely to jeopardize the continued existence of the clubshell, fanshell, rabbitsfoot, and sheepnose mussels or adversely modify rabbitsfoot critical habitat.
24. The biological opinion includes an incidental take statement, with two RPMs to avoid or minimize incidental take, and six terms and conditions to implement those measures. The first RPM requires that the Commission condition the license to provide that the project will operate as designed, planned, and documented in the BA and the BO. RPM number two requires NIPSCO to implement the project operation plan as described in the BA and the BO. The terms and conditions are: 1) the Commission shall ensure that the project will operate as designed, planned, and documented in the BA and the BO; 2) the licensee will cease power generation at Oakdale dam during abnormal low flow events; 3) water from the Oakdale dam shall be released to match run-of-river conditions during abnormal low flow events; 4) spikes below 315 cfs shall be avoided from Oakdale dam during normal flow periods; 5) the licensee shall monitor Buffalo and Oakdale gages daily and follow procedures for malfunctioning gages; and 6) the licensee shall report individual abnormal low flow events as they occur and submit an annual report.
25. As discussed below, the modified incidental take statement, reasonable and prudent measures, and terms and conditions are incorporated into the license by ordering paragraph (D) and are attached to this order as Appendix A.
    IV. Discussion and Conclusion
26. The licensee requests Commission approval of the amendment before September 30, 2022, to conserve exceptionally low and diminishing water storage in Lake Freeman and avoid the risk of triggering the existing low flow protocols and negatively affecting recreation at the lake. The licensee states that the proposed amendment, with the additional RPMs and terms and conditions from the September 2022 BO, would also help prevent take of federally listed mussels at the project.
27. Commission staff previously analyzed the changes proposed in this amendment application in the November 2016 final EA. As part of its analysis, Commission staff evaluated a reservoir refill reconnaissance level survey conducted on August 3, 2005, to evaluate the impact of the proposed discharge flows during reservoir refill at the Norway and Oakdale reservoirs under abnormal low-flow conditions. The flows downstream of Oakdale dam were between 357 and 200 cfs. The results of the survey indicated that flow releases as low as 200 cfs did not cause substantial losses of fisheries or mussel resources in the tailwater areas directly downstream of Oakdale dam. Since the proposed Low Flow Plan would not result in flows lower than 200 cfs, staff’s analysis necessarily evaluated the lesser cfs quantities proposed in this application. The same holds true for flow amounts that trigger the end of abnormal-low flow events.
28. In summary, approval of the licensee’s amendment request would conserve limited water resources in Lake Freeman and protect threatened mussels in the Tippecanoe River. Given the diminishing water storage, support from the resource agencies and stakeholders, and in the interest of protecting environmental resources, the licensee’s request should be approved. However, in order to allow time for the public to review and comment on the licensee’s proposal, and for to Commission to evaluate the amendment proposal in light of any comments filed, the amendment is approved for a limited period.
29. With this approval, the licensee may modify the Low Flow Conditions at the project through December 31, 2022. This time frame will allow for a 30-day comment period and any necessary additional review. The Commission will then issue a final order on the amendment request.
    The Director orders:
    (A) Northern Indiana Public Service Company, LLC, licensee for the Norway-Oakdale Hydroelectric Project No. 12514, is authorized to modify the definition of Abnormal Low Flow conditions and the Project Operation and Compliance Plan, as requested on August 26, 2022, through December 31, 2022.

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

Board Election Results

Jack Werner introduced the seven candidates for the five available Director positions: Lindy Karberg (incumbent); Tracey Linder (incumbent); Carrie Woodruff (Incumbent); Scott Bechtel; Greg Deitz; Bob Dion; Andrea Pearman. Voting took place at the end of the meeting. Votes were then counted by the Nominations Committee. All three incumbents were voted back on the board (Lindy Karberg, Tracey Linder, and Carrie Woodruff) with the additions of new board members, Scott Bechtel and Bob Dion.

NIPSCO has issued an Abnormal River Condition (ARC) Watch for Lake Freeman, as one of the following conditions has occurred: the previous day’s 24-hour average for flows at the Buffalo USGS gauge dropped to 410 cubic feet per second (cfs) or below; or the previous day’s 24 hour daily average for flows at the Winamac USGS gauge dropped to 300 cfs or below.

As of 6:30 am EST on 8/30, the 24-hour daily average at the Buffalo USGS gauge is 459 cfs and the 24-hour daily average at the Winamac USGS gauge is 298 cfs.

The surface elevation taken near the face of the Oakdale Hydroelectric Dam was measured at 610.06 below the normal operating target of 610.35ft.

The change in surface elevation measured at the hydro does not reflect or equate to the same potential change in depth for other areas of the lake. Surface elevation is the relative measurement to sea level, local datum. A change of .01 ft in the surface elevation equates to 1/100th of a foot or .12 inches. NIPSCO does not measure average depths.

Indiana Department of Natural Resources Conservation Officers, remind the public to be mindful of their surroundings and be aware of any submerged objects in or underneath the surface of the water. Due to the water levels objects such as tree stumps, old dock pilings and such may start to show or become a hazard to boat operators, swimmers, and tubers.

For timely updates visit https://www.nipsco.com/our-company/about-us/hydro-power

Lake Residents & Visitors-

The flows measured at Buffalo and Winamac gauges have not triggered an Abnormal River Condition event as defined by FERC nor an Abnormal Low Flow event as defined by Fish and Wildlife Services. Due to trending river conditions, NIPSCO has been releasing the minimum of 500 cfs as required by the Fish and Wildlife Technical Assistance Letter.

As a result, Lake Freeman has dropped below the normal FERC operating range. NIPSCO will continue to monitor river conditions and provide timely updates.

Please visit the Hydros website for more information: https://www.nipsco.com/our-company/about-us/hydro-power

Congratulations to ticket #178 on winning this brand new Waverunner! Thank you to everyone who participated and stay tuned for next year’s raffle!

This year the SFLECC will be raffling off this 2022 Yamaha EX Deluxe Waverunner with trailer on Friday, July 29th at 11 am. Be sure to check our Facebook page and website for the winning ticket number!

The SFLECC Annual Meeting will be held on Saturday, August 27th at 10 am in the Benjamin Pavilion at the Monticello City Park. Five board positions will be filled at the meeting. Any person interested in being on the SFLECC board is asked to send their resume to:

                SFLECC

                Attn: Nominating Committee

                P.O. Box 372

                Monticello, IN 47960

Resumes must be received no later than July 20, 2022. Only *members of the SFLECC are entitled to vote. Directors must be legal residents of the State of Indiana.

*Members of the corporation consist of persons who have a paid current Shore Front License; or have made a donation twice the amount of a standard Shore Front License during the calendar year; or are a recorded member of an association with a paid current Shore Front License. Members are encouraged to attend this meeting.

Recently, SFLECC stocked Lakes Freeman & Shafer with some Large Mouth Bass. We’ll be doing another installment in the fall with other types of fish. A big thanks to NIPSCO and Clear Creek Fisheries LLC for making this happen!

At this time, the surface elevation taken near the face of the Oakdale Hydroelectric Dam has returned to the normal Federal Energy Regulatory Commission (FERC) operating range between 610.10 and 611.10 ft.