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Hollis Select Board Transparency Archive

Town of Hollis, Maine · 546 messages · Jun 1, 2026 – Aug 14, 2026

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Questions for American Rivers and DEP

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  • 2026 0707_Questions for AR-DEP-SRCC.docxOpen original

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    Questions for Laura Paye, DEP Hydropower Coordinator The powerhouse and its spillway are within the FERC project boundary, but Brookfield does not plan to remove it or provide a bond as part of the decommissioning plan. What project features do DEP expect to see as part of the decommissioning plan? Does FERC normally require the removal of the turbines and generators? Brookfield plans to leave the concrete powerhouse and use concrete rubble from the dam for shoreline stabilization. What are the impacts to aquatic life and water quality that might occur from aging concrete left in a water body? Do powerhouses typically have a history of hazardous chemical or petroleum spills?

    Questions for Kelly Catlett, American Rivers attorney The powerhouse is within the FERC project boundary, but Brookfield does not plan to remove it or provide a bond as part of the decommissioning plan. How would you argue that it be included in the decommissioning plan and eventually FERC’s environmental assessment? The committee is formulating technical comments about the draft surrender application and decommissioning plan while the attorney for the Town of Hollis will be drafting comments emphasizing the legal risks for the town. We’re unsure which one of the following options is most impactful for how or when to submit the 2 sets of comments. What is your advice? Submit the committee’s comments by the end of the 90-day comment period (September 1). Take time to formulate the attorney’s comments and submit them after FERC issues a public notice of the surrender application. Submit the two documents separately to Brookfield and FERC by September 1. Include the attorney’s comments as an appendix to the committee’s comments by September 1. Other. Questions for Cherri Dunnig, Executive Director SRCC What authority does the SRCC have to remove or require a bond for the powerhouse?

Greetings,

At yesterday's committee meeting there were questions about DEP's authority over the decommissioning. Please read the following notes from our June 2 meeting with DEP, DMR, and SRCC.

Maine DEP will be reviewing Brookfield's permit application under the Maine Waterways Development and Conservation Act (MWDCA). DEP, DMR, and IFW will review the application using the criteria located in 38 M.R.S. Section 636 https://www.mainelegislature.org/legis/statutes/38/title38sec636.html. State approval is a requirement of the FERC license surrender process.

Section 636 does not give DEP the authority to compel Brookfield to remove the powerhouse and its spillway. However, DEP, DMR, and IFW will request clarification about the certain aspects of Brookfield's plan for the canal - filling, diversion weir, flows in and out.

The Department would not have the authority under the MWDCA to require construction such as mandating the removal of a powerhouse, because any conditions in a permit must be tied to the criteria located in 38 M.R.S. Section 636 https://www.mainelegislature.org/legis/statutes/38/title38sec636.html. Restoration of areas disturbed by project activities and maintenance of existing recreational features can be evaluated under the environmental and energy considerations located at subsection 7.

38 M.R.S. Section 636 https://www.mainelegislature.org/legis/statutes/38/title38sec636.html will be helpful when editing the attached questions we want to email to DEP. It also includes the questions for American Rivers and the SRCC. Please provide your edits or additional questions by Thursday morning, so I can send them out that day. Let's keep it to no more than 6 questions going to each person, so we don't overwhelm them. Starting Friday, I'm going to take a break from this dam stuff and get back to it the week of July 19.

Thank you for all your help and perspectives.

Mark Woodruff

207-615-7977