How can Ecology approve PSE’s water-right applications before NOAA Fisheries issues its biological opinion for the Federal Energy Regulatory Commission?
This is a complicated issue. The Federal Energy Regulatory Commission (FERC) is waiting for NOAA Fisheries’ biological opinion as part of its licensing determination for the White River hydropower dam. Ecology’s water right decision is actually independent of the NOAA Fisheries study and FERC’s licensing process. However, as part of its evaluation of the utility’s water-right applications, Ecology has communicated with NOAA Fisheries, including assessing information contained in the federal agency’s preliminary draft opinion. In making determinations about flows, water quality and fish needs, Ecology based its decision on calculations that were conservative and protective of fish and fish habitat.