Lake Lynn Generation’s proposal to lower the level of Cheat Lake in order to maintain the required level of dissolved oxygen came to an official end on Wednesday.
In a notice posted on Wednesday, the Federal Energy Regulatory Commission terminated the proceeding that began July 16.
July 16 is when Lake Lynn submitted its request for a temporary variance to the requirement to maintain a minimum lake level of 868 feet to FERC. It said its hydroelectric project tailrace and reservoir dissolved oxygen levels had been decreasing due to a lack of precipitation and low reservoir inflows. Lowering the minimum level from 868 feet to no less than 865 feet would increase spillway discharge to address the low dissolved oxygen levels.
Lake Lynn’s license requires it to maintain an elevation between 868 and 870 feet from May 1 to Oct. 31. The temporary variance would have been effective through Nov. 1.
The request generated vocal public opposition. Two state agencies – the Department of Environmental Protection and the Division of Natural Resources – first approved then withdrew their approval of the request in order to explore other options.
Lake Lynn subsequently withdrew its request on Sept. 11.
FERC said Wednesday it received no opposition to the withdrawal of the request and took no action to disallow the withdrawal. On Sept. 26, the withdrawal became effective.
On Tuesday, Marina 1 LLC, doing business as Cheat Lake Marina – one of the Biafora family of businesses that operate along the lake – filed a case in Monongalia County Circuit Court seeking an injunction and temporary restraining order to prevent Lake Lynn Generation from using its dam to lower the lake level, alleging damage caused by low lake levels during the drought.
Lake Lynn Generation and Eagle Creek Hydro Operations are the defendants.
The recent drought led Lake Lynn Generation to notify FERC three times about low lake levels: first on Sept. 13, when it fell from a Sept. 6 elevation of 868.3 feet to 866.9 feet on Sept. 13; then on Sept. 20, when the level dipped to 865.3 feet; and on Sept. 27, noting the level fell to 864.7 feet on Sept. 24-25.
The level is up again following the rainfall. At Lake Lynn’s public website, Cheat Lake Today, Tuesday’s level was 869.3 feet and Wednesday’s level was 869.27 feet at 3 p.m. (down slight from 869.7 feet earlier in the day).
FERC is reviewing Lake Lynn Generation’s application to renew its Lake Lynn Hydroelectric Project license, which expires Nov. 30. As part of the application, Lake Lynn Generation/Eagle Creek Renewable Energy propose to remove 243.8 acres surrounding Cheat Lake from federal protection. The company has said it has no plans to sell the land, though public opposition to the change is reflected in public comments submitted to FERC.
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