Fish woes in the Northwest could mean higher electric rates here

A preliminary injunction by a federal judge  that would modify the way dams of the lower Federal Columbia River system are managed could increase electricity rates 2% to 4% for members of the Flathead Electric Co-op, Co-op officials are saying.

“Based on preliminary industry analysis, Flathead Electric Cooperative estimates that the operational changes required by this order could increase electric rates for our members by approximately 2–4%. While additional analysis is ongoing, any increase would come on top of other rising power supply costs and broader inflationary pressures affecting utilities, including higher costs for materials, labor, vehicles, and equipment,” Katie Pfennigs, Flathead Electric’s community relations manager said last week. “We are also still reviewing how these changes might affect the reliability of the regional power system. However, it is already clear that these changes make it more likely that the system could run short on electricity during times when demand is very high.”

In late February, United States District Court Judge Michael H. Simon ruled in favor of the National Wildlife Federation, a number of Northwest U.S. fishing and environmental groups, the state of Oregon, Spokane Tribe of Indians and the Couer D’Alene Tribe over operations of the Federal Columbia River Power System dams. The plaintiffs claimed that a 2026 plan to operate the dams would jeopardize the future of salmon and steelhead trout that spawn in those rivers.

Simon found that a 2026 plan to operate the dams was “largely a continuation of previous FCRPS operations found to be in violation of the Endangered Species Act,”  and ordered that the dams be operated in a manner that would be more beneficial to fish.

“Given the current record, it is reasonable to conclude that the listed species’ prognosis is as bad as ­— or worse than ­— it has ever been. As discussed at length by plaintiffs and their aligned amici many of the populations have reached the quasi-extinction threshold (meaning that the population has 50 or fewer natural-origin spawners for four consecutive years). Others are on trend to reach this threshold within a few years. This places the species at an alarming risk for extirpation. For the reasons discussed by plaintiffs and their aligned amici, the Court rejects Defendants’ arguments that a few intermittent strong returns means the species are improving or on the road to recovery,” Simon opined.

The utilities see it differently.

“This ruling directly impacts the supply of affordable and reliable power for Montana’s electric cooperatives served by (the Bonneville Power Administration),” said Montana Electrical Cooperatives Association CEO Mark Lambrecht in a release. “Requiring dams on the Columbia River system to reduce power generation and increase spill for fish recovery will make BPA rely more heavily on higher-cost market purchases, costs which will be passed on to consumers.”

The  utilities claim that dams can be operated in such a way to produce power and benefit fish.

“Montana’s electric co-ops support ongoing salmon and steelhead recovery efforts. Over the past several decades,  regional ratepayers have invested billions of dollars in fish mitigation, habitat restoration, and operational  improvements,” the Montana Electrical Cooperatives Association said in a release.

“Cooperatives believe fish recovery and reliable, affordable electricity are not mutually exclusive,” Lambrecht added.

But in his ruling, Simon claimed that the parameters he was setting would not be a detriment to power production at the dams and would benefit the fish, which need higher flows at certain times of the year to have any chance of successfully spawning.

“The Court builds into the injunction flexibility for the Action Agencies to adjust spills for emergency power generation and transportation needs. The Court is unpersuaded by arguments that spill will create various catastrophic results. Defendants have raised these concerns each time spill is litigated without them coming to fruition. The majority of the spill has been implemented over the years without such negative repercussions, and the Court does not anticipate such calamities will ensue from the current spill order. The Court grants Plaintiffs requested spill as modified,” Simon wrote.

Simon’s ruling will almost certainly be appealed, however.

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