The Federal Energy Regulatory Commission wants more information from Lake Lynn Generation about its proposal to lower the level of Cheat Lake by 3 feet. FERC cited public opposition and two state agencies withdrawing their approval as the reasons for its action.

Lake Lynn Generation submitted its request for a temporary variance to the requirement to maintain a minimum lake level of 868 feet to FERC on July 16. 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.

FERC noted in its Friday letter to Lake Lynn that during the public comment period on the proposal – July 18-Aug. 19 – individuals and businesses opposed the plan, citing expected negative affects on boating, swimming, wildlife and the environment.

West Virginia’s Department of Environmental Protection and Division of Natural Resources then withdrew the previous approvals and called on Lake Lynn to find other options for maintaining the dissolved oxygen levels.

So FERC is requesting four items of information from Lake Lynn:

• A discussion of other options, such as shutting down the hydroelectric power plant or injecting oxygen, along with reports of consultation with DEP and DNR on other options.
• A discussion of the potential negative effects to downstream fisheries if the oxygen levels are not maintained.
• A response to the public comments (uniformly negative).
• And current weather forecasts for the area and if the variance is still needed based on the current forecasts.

FERC has given Lake Lynn 10 days from the date of the letter to respond.

On another matter, it was previously reported that the Biafora family of businesses sent 20 identical letters to FERC opposing the proposal, and one of them – Cheat Lake Marina – filed a motion to intervene in the case.

Then a lawyer representing three of the Biaforas along with other concerned Cheat Lake residents and business appealed to Gov. Jim Justice, Attorney General Patrick Morrisey and WVU President Gordon Gee to get involved.

The attorney alleged that Lake Lynn lowered the lake level as retaliation to the community’s opposition to the proposal and complaints about the company’s maintenance of the lake and recreation areas.

The Dominion Post reached out to all three and to Lake Lynn about the request.

WVU responded but declined comment. Morrisey’s office provided an initial acknowledgment but didn’t follow with any comments. Justice and Lake Lynn did not respond at all.

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