Lake Shoreline Management Brings Fees, Mixed Emotions

By Kendra Bobowick

Newtown’s lakeside residents will need to budget for slightly more than dock maintenance and boat repairs in the future, but not without good reason according to FirstLight Hydro Generating Company.

FirstLight, which purchased Northeast Generation Services (NGS) — a subsidiary of Northeast Utilities — last year, now manages properties along the Housatonic River and encompasses the Stevenson and Shepaug Dam power sites. The new power company also assumed Northeast’s federal licensing and Shoreline Management Plan (SMP), which was up for renewal. The Federal Energy Regulatory Commissions (FERC) approved the SMP on July 3.

Step by step, Vice President of External Affairs Jim Ginnetti of FirstLight explained what led his company to establish implement fees for docks and gazebos, for example, along the company-owned ribbon of land skirting lakes Lillinonah and Candlewood specifically. Fee collection has not been determined.

“FERC has said the licensee must manage the land better,” he said. “And number one was to take inventory of what’s there.” He said his company indicated to FERC that the process was expensive. “We asked to charge fees we feel are reasonable to cover our costs,” Mr Ginnetti said, “We will not make any money off of this, we’re really just trying to cover costs.”

Friends of the Lake (Lillinonah) member Scott Conant said, “They don’t have a choice. It’s part of the federal plan with the [hydropower company] purchase.”

First Selectman Herb Rosenthal also accepts the fees. “I am not opposed to the fees necessarily, as long as it’s fair and they can justify it.”

An initial fee schedule includes an existing structure registration fee of $500, which can be can be avoided if owners come forward with the information within a six-month period to be announced.

Other one-time-only fees for new construction include $500 for docks, sheds, and retaining walls, $300 for swim platforms and storm drains, and $1,000 each for decks, patios, gazebos, and beaches. Annual residential licenses are $200, and community facilities are $100 per slip.

Mr Ginnetti hopes his company does not have to use too much pressure to enforce the fees once a schedule for charging structure owners is in place. He anticipates that the next year will see bills in the mail. “We are hopeful that everyone will cooperate…when we send the bill we hope people will pay and will decide what to do later if they don’t [pay].”

FirstLight Land Management Administrator Brian Wood has taken some direct questioning from residents who had previously not seen a fee imposed for their dock, for example. He has met with a number of concerned residents and discussed fees when the SMP was still awaiting its FERC approval. With the approval now in hand, he indicated a portion that addresses the “vast majority of comments…[that] express dissatisfaction with the SMP fee structure,” according to the FERC report. Both FirstLight and FERC received and considered comments, including those posed by Attorney General Richard Blumenthal on residents’ behalf.

The report continues, “Many indicate that the fees proposed are overly burdensome and that the licensee has no authority to require them. Some residents have deeded rights to build docks…and believe that they should not have to pay.” Fee structures, among the bulk of the SMP was “basically approved as submitted,” Mr Wood explained. Based on the report, “The licensee [is required] to file an SMP that provides safe public access, conservation of resources, and shoreline/riverfront development. Goals of the SMP include allowing for safe public access to…waters, promote conservation of land and water resources, provide for the stewardship and development of shoreline and riverfront areas, promote education and public awareness of lake and shoreline resource protection and management.”

What Else Is In The SMP

Education programs meant to enhance homeowners’ understanding of the lakeside environment will overshadow residents’ focus on fees, Mr Wood believes.

“A major component will be education as part of conditions of our licensing,” he said. As he and others go through the approved version of the SMP line by line and begin to arrange schedules, environmental outreach will be part of the agenda. Mr Wood said, “We’ll meet with the community, set up seminars and educate.”

Evoking a familiar lakeshore image, he said, “When you have a half hour conversation on the shoreline saying, ‘We’re doing “this” because of “this,”’ and the homeowner is a novice about his impacts on the lake, they become educated as they start to learn the benefits.” He feels certain that the educational process will appeal to the community and residents will “buy intro the lake’s protection. Fees will be on the sideline.”

Mr Ginnetti said, “Our experience has been that once we explain what we’re doing — for long-term benefits of lakes and rivers — most agree that this is good for their environment…” While an inventory and list of structures is important, the SMP’s focus is also land management. Noting one example, Mr Ginnetti said, “People cut down trees, put a lawn right up to the water and fertilize, pollute the lake.”

At least one resident is unsure of the SMP’s stipulations.

Mr Conant said, “The jury is still out. What remains to be seen is how it will effect the individuals along the lake.”

In the last year as proposed SMP terms became public, fees for docks, gazebos, and decks, for example, had drawn complaints from residents who had not paid a fee when Northeast owned the property.

Good, open communication is FirstLight’s priority, said Mr Ginnetti.

Admitting that others may not always agree with policies, he said, “We have always got our ears open and are willing to have a formal discussion.”

Mr Wood said, “We want to foster a good relationship. In coming months FirstLight plans to meet with town officials and lake representatives, including The Lake Lillinonah Authority to discuss the “big job” ahead of them as far as inventories, schedules, SMP reviews, education plans, and more. Mr Wood said, “We have a lot of work ahead of us.”

Land Use Enforcement Officer George Benson has met with Mr Wood and is familiarizing himself with the SMP and FirstLight.

“I think they’re conscientious so far and seem open to sharing information,” he said. He believes that lake maintenance will not be much different than when Northeast was in operation. “The only difference will be the SMP,” he said. “I think they’ll be stricter with land use issues, buildings, docks.” He hopes for an open relationship with the company in the future.

Questioning Lake Levels

The hydropower company can technically operate at between one and two feet higher than current day-to-day levels, which is threatening to environmental-minded residents.

Mr Conant said, “They have assured us that will not happen.”

First Selectman Herb Rosenthal said, “We did express concerns about higher lake levels.” He noted that the 18 inches, for example, above the current waterline and all around the shore covers a lot of area, he said. Rooted plant life along the shore will be submerged. “A number of trees would be impacted, die, and go into the lake.”

Mr Rosenthal does not sense any immediate jeopardy, however. Referring to the earlier incident where an increased waterline brought problems, Mr Rosenthal said, “They have been responsive to keep levels where they have traditionally been.”

Since FirstLight took ownership water levels caused one incident where a resident complained about the debris in the water. The company was quick to respond to the problem which prompted a meeting with FirstLight. “Since the meeting, the lake is lower and the debris is not there,” Mr Conant said. “We think they were unaware of the damage of higher water,” Mr Conant said.

Mr Conant’s experience with FirstLight representatives so far has been positive. “They have taken some very good first steps,” he said.

Looking toward future water levels, Mr Ginnetti did not specify that FirstLight would not raise traditional regular operating levels, but did stress that they will not “deviate from the operation band” or highs and lows noted in the SMP. “We have the maximum or minimum levels and will operate within them,” he said. Both he and Mr Wood are clear about water levels and environmental impacts. Referring to Lake Lillinonah, Mr Ginnetti said, “I know it has been a concern and we have an agreement not to exceed [permissible levels]. We won’t go as high as we can frequently.” Mr Wood said, “I know it has been a concern that the lake will run higher at all times.”

Entertaining one “what-if” scenario, Mr Ginnetti asserted that if operating levels created a problem, his company was willing to listen. Would they be willing to reconsider, however? “I think the answer is that of course it is our goal to be good stewards of the environment. If our operating levels are viewed to be environmentally damaging we’ll review, and more than that, we’ll talk to people. Our doors are not closed.”

He continued, “When people see we’re of our word, they’ll believe us.”

 

Background

Last summer the then-hydropower company Northeast Generation Service began a renewal process for its federal licensing, which occurs every 40 years. At that time the specter arose of fee payments for structures along the shores of power company property, which had previously not been enforced. Also prompting uncertainty was Northeast’s pending sale to FirstLight, an unknown hydropower company that would assume the license. This month, the federal license has been accepted and approved by the Federal Energy Regulatory Commission (FERC) and includes fees.