Montana is urging the Ninth Circuit Court of Appeals to vacate a lower court ruling that is hampering hydropower output in the Pacific Northwest.
The States of Montana and Idaho, the Public Power Council, National Rural Electric Cooperatives Association, and the Inland Ports and Navigation Group are urging the Ninth Circuit Court of Appeals to vacate a lower court ruling that is hampering hydropower output in the Pacific Northwest. The state filed its appeal on April 15th, and the appeals were consolidated on April 21st.
“We appreciate the actions taken by the State of Montana to stand up for clean, reliable hydropower from the Columbia River System,” said Flathead Electric CEO and General Manager Jason Williams. “We rely on this power to keep our rates affordable for our members. While we support fish restoration efforts, Montana’s consumer-owned utilities have a statutory right to purchase at-cost power from the system.”
The Federal Columbia River Power System is the cornerstone of the electrical grid in Western Montana, serving eight Montana cooperatives and more than 200,000 cooperative members.
The February ruling by a federal district judge in Oregon required expanded spill and operational changes at multiple Columbia and Snake River dams beginning this spring. These changes reduce hydropower generation during critical months and limit the system’s operational flexibility. The states and industry groups are asking the appeals court to vacate the ruling, citing scientific evidence that the increased spill will not materially benefit fish but will materially harm the region’s electric ratepayers.
“[T]he evidence shows that August spill is likely to bring de minimis or no benefits to threatened and endangered fish, while imposing a substantial risk of significant harm to PPC, its members, and the public in the form of a less reliable electricity grid, significantly increased risk of blackouts for communities, hospitals, schools, and farms throughout the region, higher electricity costs for customers, and increased greenhouse gas emissions,” the Public Power Council wrote in a statement.
Operational flexibility is particularly critical during cold snaps when electricity demand can spike. Reducing hydropower generation and flexibility during these periods by spilling water as required by the February decision increases the risk of energy shortfalls and price volatility. Even before this ruling, regional reliability assessments show an increasing risk of shortages during peak events, which is of particular concern during winter cold snaps for utilities like Flathead Electric.
Flathead Electric remains engaged with state and regional partners to advocate for Montana cooperative members on both the political and legal fronts.
Photo: Ice Harbor Dam – Ryan Hall, Rural Montana Magazine
