Homer,
Of course 2012 is a long way off, and it probably doesn't seem right that PSE can continue to short change the fish in the Skagit with low flows for 6 years into their new license. There are two important reasons for that 6 year lag, however. (Also, I think that's reduced to 5 years, but would need to check.) First, the estimated time for design and construction for the additional small turbines at Lower Baker Dam powerhouse is 4 years. FERC never requires a licensee to perform design or contruction before a license is issued. There is absolutely no way PSE would agree to spill water (a lost energy opportunity) to augment flows when they are not generating. Second, and this is likely the key, there would not have been a settlement agreement (even preliminary as in this "handshake" deal) without the time extension. Obtaining faster action on the project flow management improvement would have required delays, make that longer delays, on other important project features.
In order to obtain an agreement that contains more mitigation and enhancement than likely would have been achievable absent an agreement, the agencies and tribes have to allow some concessions to PSE. In a perfect world, we could have it all, have it now, and it would be, well, PERFECT. But this is the world we live in, and we have to deal with people and companies whose interests are not the same as our own. As a result, we make agreements that are less than what we would really like, but are greater than what our experience has shown we obtain through the adversarial and litigation processes.
If this Baker agreement becomes the new project license, a lot of good things are in store for Baker River sub-basin fish, wildlife, and recreation. However, it will occur over a period of years. When I consider what is now on the table and contrast it with what I believe would be obtained through the traditional adversarial licensing process, I think the new license represents a reasonable and acceptable outcome. I hope you will too.
Sincerely,
Salmo g.