No free pass as they paid up front and the account has built up to 2.4 or more as I recall. I realize that many blame the dam owners but the original dam mitigation was paid up front and so did Tacoma Power for the hydro power modifications. Department of Game used a huge portion of the original mitigation to rebuild Lake Aberdeen Hatchery but guaranteed to produce the required Steelhead with its own funds when the remaining funds were used. Now that are joined as one agency WDF&W has the responsibility for the original Steelhead mitigation.

The funds in question are the additional mitigation for the power generation only. The failure to do the mitigation is not Tacoma Powers responsibility as they have zero control over the mitigation funds, only WDFW can access the funds for mitigation that Tacoma Power put into the account to produce the mitigation.

Tacoma Power, WDFW, City of Aberdeen, Quinault Nation, and the Chehalis Tribe all have to sign off on the plan. Working with the local communities around 1993 WDF&W produced a plan that was supposed to be submitted to the above mentioned entities. They did not do that but variations of that plan surfaced over the years in conversations but again went no place.

As to FERC the only time that came up was before power generation and was about fish passage down stream. Eicher screens and other things but in the end nothing came of it.