Latest FERC Filing could be silver bullet for Kilarc stakeholders
 By Frank Galusha If a last minute filing with the Federal Energy Regulatory Commission by Evergreen Shasta Power LLC derails the plan to demolish the Kilarc/Cow Creek hydropower facilities, and Kilarc Reservoir above Whitmore, most of the stakeholders may be left asking, “Who was that masked man?”
The filing (or motions to intervene) comes from a consortium: the Tetrick Ranch and the Abbott Ditch Users of Whitmore, and Shasta County. It could be a silver bullet that benefits all the watershed stakeholders, even the so-called black hats.
But it remains to be seen if Evergreen shoots straighter or can get the job done quicker than Davis Hydro, the Save Kilarc Committee’s long-time, faithful ally.
News of this shootout broke slowly. On July 6, in an editorial The Redding Record Searchlight applauded the Board’s decision to get involved with saving Kilarc but there was no mention of Evergreen Shasta. Ten days later, in an article entitled “A new ally in battle for Kilarc,” The East Valley Times reported the County Board had voted on June 30 to join the effort to save Kilarc by co-filing the above motion.
If a reliable source, (a.k.a. “Tonto’) speaking for Evergreen is correct and the bullet blows the dynamite caps out of the dam busters hands, the list of thankful Kilarc supporters will indeed be longer.
Start with the local landowners whose 5th Amendment rights prohibiting “takings” and adjudicated water rights are at stake. Add the residents of Whitmore who treasure the lake and the Friends of the Cow Creek Preserve. The man who rode in to organize this last minute filing is one of their own -- a well-heeled, well-prepared local rancher who is relying on precedent. “It’s a matter of law, not fish,” said his sidekick at a meeting of FoCCP on Tuesday night, “but the fish will benefit, too.”.
Who else?: thousands of anglers who fish at Kilarc and their families who enjoy the PG&E picnic facilities at this cool, 4000-foot impoundment. All these, and more, will be tipping their hats to the man on the white horse.
There is a plus in these motions for our precious anadromous fish, our underfunded Department of Fish and Game, PG&E ratepayers and even the “Gubernator’s” statewide quest for renewable, carbon-free electricity resources. Evergreen will donate 80 acres of land to fish restoration habitat and assist in restoration efforts. Costs will not be passed on to ratepayers. Kilarc is green, renewable hydropower, which Arnold likes.
Even investor-owned PG&E, the National Marine Fisheries Service and the commission itself stand to gain – or at least get a small nettlesome problem off their backs.
Once they read this motion and take note of the legal firm behind Evergreen, even the environmentalists may be disarmed. Why put up a fight if the motions provide adequate habitat restoration without applying the long arm and heavy hand of the ESA? The County will benefit as well.
Davis Hydro could be the only casualty, which would be a shame. The have fought decommissioning of Kilarc skillfully and continuously for several years. But that may not be enough!
Evergreen Shasta appears to have the resources, the legal minds, the County, the law, current events and that “masked man” on its side. Rancher Steve Tetrick & Co. appears to be holding the winning hand. Regretfully, like the poker player who goes “all in” only to see he is drawing dead, Davis Hydro may have to leave the table, but if so they deserve a standing “O.”
But Davis Hydro is not folding its cards, not yet. They feel they, too, are holding a strong hand, and they’ve-re-raised with a filing that shows spunk, alleging: “The Tetrick presentation under-represents the interest of local people, 2. Davis Hydro has been discussing a Kilarc alternative publicly with local people and agencies since their entry on the scene in February 2007, and 3. Splitting the current license into two projects is entirely logical in that each development has completely different opportunities for the fish and fishing.”
But Evergreen says FERC would rather not deal with two separate licensees. And Russ Mull, Shasta County Resource Management Director says the County Board of Supervisors has lined up behind Evergreen Shasta because it looked like the best business decision.
Davis Hydro also claims the Tetrick filing identifies proactive fishery enhancement measures that would be located on the private Tetrick Ranch property only, while Davis Hydro has developed a detailed Kilarc Steelhead Project independent of the disposition of facilities in the South Cow Creek watershed.”
Mike Berry, a DFG biologist who has specialized in stream restoration had not seen the Evergreen filing. “Up to now our position has been anadromous fish would be better off if PG&E was just allowed to walk away.”
Paul Moreno, PG&E Public Relations spokesman had not seen the filing either. He seemed surprised or skeptical about Evergreen’s ability to operate the Kilarc facilities and meet environmental requirements.
Evergreen’s says it will have no problem taking over the hydropower facilities and expects to operate at a profit. They feel Davis Hydro should admit it is holding the losing hand and should fold its cards. “Staying at the table will only muddy the waters, delay resolution and increase costs,” according to the Masked Man’s sidekick.
Davis Hydro counters by claiming it is Evergreen that is muddying the waters.
We will see. Competition usually makes competitors better, and if these Kilarc advocates have to build the pot, so much the better for the property owners and residents along Cow Creek and Whitmore.
The matter is now in FERC’s hand. There are some details to work out and a few questions to be answered, but there is now a much greater chance Kilarc will be saved. And, under the contemplated arrangement, the County would receive a portion of the costs of maintaining the Kilarc Lake recreation features, including road maintenance and picnic facilities, from Evergreen. That’s good, too.
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