The federal government might not get a lot of things right these days, but one agency — the Federal Energy Regulatory Commission — made the right decision this week in denying a Southern California water agency’s Hail Mary bid to actively participate in Pacific Gas & Electric’s efforts to remove Scott and Cape Horn dams along the Eel River.
For nearly eight months, the Elsinore Valley Municipal Water District, a Riverside county water agency, has flirted with the idea of taking over the Potter Valley Project — the hydroelectric power plant and dual dam system in Lake and Mendocino counties, currently owned by PG&E.
They filed a motion to intervene with FERC seven months after the deadline. The motion would have allowed the agency to participate in proceedings, have the right to request FERC to re-try orders and go to the U.S. Circuit Court of Appeals, should they disagree with any of FERC’s decisions.
FERC didn’t think Elsinore Valley should get that privilege, and we agree.
In making its decision, FERC told Elsinore Valley it “failed to demonstrate that good cause exists to grant its untimely motion to intervene because it did not provide any explanation for the untimeliness of its motion,” reads the commission’s denial. “Therefore, the District’s late motion to intervene is denied.”
Elsinore Valley will get 30 days to appeal the decision, but in the meantime, PG&E will continue to move forward with its plans — which will inevitably alter the way Mendocino and northern Sonoma county communities access drinking and irrigation water.
Had Elsinore Valley been upfront about its interest in the Potter Valley Project, maybe our opinion would be different. But the agency — and local officials who have courted them — have been cagey from Day 1. Throughout the course of the winter and spring, officials from the water district have been mum about their prospective plans, frustrating even members of their own board, who have requested to daylight the topic on multiple occasions.
Are they planning a potential southern California water grab? Some thought so.
Are they seeking to bring more revenue to the small district? Most likely, yes.
All we can do is speculate. Their intentions have never truly been transparent, forcing journalists, government officials and nonprofits alike to file California public record act requests for more information.
The information gained through those requests — many which are months old and still being fulfilled — have indicated that two of Elsinore Valley’s board members looked at the aging dams and saw water and dollar signs. Big dollar signs.
But their efforts were too little, too late — and quite frankly, without merit.
A potential takeover would come long after PG&E started the process of offloading the infrastructure. The power company’s plans — submitted to FERC last summer — includes the construction of a new water diversion facility. Sonoma Water is spearheading the engineering of that facility, which would ensure seasonal diversions from the Eel River would continue into the East Branch of the Russian River.
Getting that water diversion facility and the management plan behind it into PG&E’s decommissioning efforts was no easy feat, requiring the union of government agencies, nonprofits and tribal representatives.
Will water allocation be different post-decommissioning of the Potter Valley Project? Yes. How could it not be? But trying to stop the efforts — especially for a southern California agency with unknown intentions — would be far more damaging for our region.
We’re grateful the government sees it that way, too.
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