David A. Paterson, Governor
HUDSON RIVER-BLACK RIVER REGULATING DISTRICT
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News & Bulletins March 11, 2010 GREAT SACANDAGA LAKE ACCESS PERMIT SYSTEM RENEWALS MAILED GREAT SACANDAGA LAKE, NY – The Hudson River-Black River Regulating District mailed 2010 Access Permit Renewal applications for the Great Sacandaga Lake Permit System to each 2009 permit holder by Wednesday, January 20. Access permit holders who have not received a 2010 Access Permit Renewal application should contact the Sacandaga Field Office at 518-661-5535 or by email at sacfo@hrbrrd.com. Permit renewal applications and fees are due by March 15th each year. All renewal applications must be received or postmarked by Monday, March 15, 2010.
March 2, 2010 HUDSON RIVER – BLACK RIVER REGULATING DISTRICT SCHEDULES Apportionment Grievances Due by March 23, 2010 ALBANY, NY –The Hudson River – Black River Regulating District has scheduled an informational meeting regarding the Hudson River Area Apportionment on Tuesday, March 30, 2010 at 9:00 AM at the Holiday Inn, 232 Broadway, Saratoga Springs prior to its 10:00 AM Board meeting. Regulating District staff will make a presentation about the Regulating District’s Hudson River Area Apportionment, including the need for the Apportionment and the Apportionment methodology. During the 10:00 AM Board meeting that follows, the Board will conduct a Grievance Hearing. Persons and/or Public Corporations interested in or aggrieved by the Apportionment shall notify the Board in writing regarding the basis for a requested modification to the Apportionment at the Regulating District’s Hudson River Area Office, 350 Northern Boulevard, Albany, New York 12204 by Tuesday, March 23, 2010. The Regulating District’s fiscal crisis is the result of a U.S. Court of Appeals ruling that prohibits the Regulating District from assessing hydroelectric plants licensed by the Federal Energy Regulatory Commission (FERC) under New York State Law as it had done for over eighty years.
February 8, 2010 Please take notice that the Board of The Hudson River-Black River Regulating District will conduct an Apportionment Grievance Hearing as part of its regular meeting for the transaction of business as shall come before said Board at the Holiday Inn at Saratoga Springs, 232 Broadway, Saratoga Springs, NY 12866 on Tuesday, March 30, 2010 at 10 am. On January 12, 2010 the Board adopted Resolution #10-06-01 fixing as of that date the value, condition and ownership of property upon which the Board based the Apportionment of costs to operate and maintain the Regulating District’s Hudson River Area facilities (the Apportionment Date). Persons and/or Public Corporations interested in or aggrieved by the Apportionment may make an appointment to review the apportionment roll and the data upon which it is based by contacting the Regulating District’s Hudson River Area Office, 350 Northern Boulevard, Albany, New York 12204 (518) 465-3491. Those interested or aggrieved shall notify the Board in writing at that same office regarding the basis for a requested modification to the Apportionment. Such complaint shall provide an estimate of the time necessary to present documentary and/or oral testimony and must be received no later than close of business on March 23, 2010. The apportionment roll, the data upon which it is based, and the Regulating District’s Apportionment Grievance Hearing rules are available on the Regulating District’s website at hrbrrd.com. Richard J. Ferrara
February 5, 2010 HUDSON RIVER - BLACK RIVER REGULATING DISTRICT SCHEDULES On Tuesday, March 30, 2010, the Hudson River-Black River Regulating District will convene a Grievance Hearing for the Hudson River Area Apportionment. The hearing will be part of the regular 10:00 AM board meeting at the Saratoga Springs Holiday Inn, originally scheduled for March 16.
February 5, 2010 HUDSON RIVER-BLACK RIVER REGULATING DISTRICT RESCHEDULES MARCH MEETING The March Board meeting of the Hudson River - Black River Regulating District originally scheduled for
January 14, 2010 HUDSON RIVER-BLACK RIVER REGULATING DISTRICT BOARD ALBANY, NY and WATERTOWN, NY- At the January 12, 2010 meeting of the Board of the Hudson River-Black River Regulating District, the tentative Board Meeting schedule was established as follows: March 16, 2010 – Saratoga Springs The Board’s jurisdiction is the Hudson and Black River watersheds in twelve counties. Board meetings are held throughout the watersheds in an effort to give all stakeholders an opportunity to attend a Board meeting that is reasonably close to their home. The meetings are also held close to Regulating District facilities, such as at the Stillwater Reservoir and near the dams at Indian Lake, Old Forge and Sixth Lake near Inlet, so Board members can tour these facilities following the Board meetings. Most meetings will be held on Tuesdays and will begin at 10:00 AM. Further information about Board meetings can be found on the Board Meetings page of the Regulating District’s website at http://www.hrbrrd.com/boardmeetings.html. Also at the Board Meeting, Executive Director Glenn A. LaFave delivered his annual “State of the Regulating District” report which can be found online at www.hrbrrd.com/sotrd10.html.
January 14, 2010 HUDSON RIVER-BLACK RIVER REGULATING DISTRICT BOARD ALBANY, NY and WATERTOWN, NY - At the Hudson River – Black River Regulating District’s January 12, 2010 Organizational Meeting, the Board elected officers and established Board committees for 2010. Chairman Philip W. Klein of Saratoga Springs was re-elected Chairman. Mr. Klein stated, "I am looking forward to have the opportunity to continue working with the other Board Members. In 2009 the Regulating District faced unprecedented challenges due to a federal court ruling. In 2010 we hope to restore the Regulating District’s revenues, move forward with necessary dam maintenance and repair to assure the structural integrity and safety of our dams, and undertake other initiatives that support the Regulating District’s mission.” Also re-elected were Pamela S. Beyor of Black River as First Vice Chair and Ronald Pintuff of Northville as Second Vice Chair. Other Board members are John K. Bartow, Jr. of Adams, Audrey B. Dunning of Ilion, David W. Berkstresser of Old Forge and Paul J. Cornell of Gloversville. In accordance with the Regulating District’s enabling legislation, Title 21, Section 15-2137 of the Environmental Conservation Law, the Board consists of “…seven members to be appointed by the governor not less than three of whom shall be residents of the territory comprising the Black River area and not less than three of whom shall be residents of the territory comprising the Hudson River area.” In the regular Board meeting which followed, Chairman Klein appointed the following committees: Executive Committee - Mr. Klein (Chair), Ms. Beyor, Mr. Pintuff, Information about the Board can be found on the Corporate Information page of the Regulating District’s website at http://www.hrbrrd.com/corporateinfo.html.
December 11, 2009 HUDSON RIVER – BLACK RIVER REGULATING DISTRICT Revenue Needed for Taxes and Operations ALBANY, NY – At the December 8 Board Meeting of the Hudson River – Black River Regulating District, the Board directed staff to conduct the necessary studies to develop an apportionment based on flood protection for a supplemental 2009-2010 assessment in the Hudson River Area. These internal studies will utilize real property data and a geographic information system (GIS) assessment model. The Regulating District intends to use the Federal Emergency Management Agency’s (FEMA) Hazards U.S. Multi-Hazard (HAZUS-MH) flood model to calculate the flood benefit derived by Albany, Rensselaer, Washington, Warren and Saratoga Counties from the operation of the Conklingville Dam at Great Sacandaga Lake. Although the Board hired consultant American Economics Group (AEG) to perform a reapportionment study, that study may not be completed until June 2010. After Board approval of the consultant-based apportionment and determination of the assessments, revenue might not be received until the fall of 2010. An internal apportionment, performed by Regulating District staff, could expedite the process by months. The Board plans to utilize AEG’s study for the 2010-2011 apportionment and assessment. Also at the December 8 meeting the Board authorized the engagement of Fiscal Advisors & Marketing, Inc., to assist in the issuance of a Tax Anticipation Note (TAN). The Regulating District’s bond counsel, Lemery Greisler LLC, advised the Board to consider the issuance of a TAN and recommended the Board retain a financial advisor. “The Regulating District Board is actively pursuing options to re-establish revenue on both a short-term and long-term basis,” stated Glenn A. LaFave, Executive Director. “The Board plans to continue operating our dams and reservoirs in a safe and appropriate manner, while meeting all financial obligations as soon as possible.” At the direction of the Federal Energy Regulatory Commission (FERC), Oak Ridge National Laboratory is conducting a Headwater Benefit Determination to quantify the benefit received by the hydroelectric projects downstream from the Conklingville Dam and Great Sacandaga Lake, so the Regulating District can assess them via Section 10(f) of the Federal Power Act. For decades the Regulating District assessed these hydroplants using New York State statute; however, in 2008 the U.S. Court of Appeals ruled against FERC’s decision that allowed this practice to continue. Now the Regulating District is prohibited from assessing these hydro plants until the study is completed, causing a revenue shortfall of $4.5 million. Future assessments on the FERC-licensed hydroelectric projects will not cover operations expenses including school and property taxes, as these hydro plants can only be assessed for maintenance, interest and depreciation.
October 1, 2009 HUDSON RIVER - BLACK RIVER REGULATING DISTRICT ALBANY, NY - The Hudson River - Black River Regulating District plans to complete maintenance and repair work on the Indian Lake Dam in late November and early December. Work activities will include grouting and patching of joints on the upstream face of the stone dam. Routine repair of this type is part of the Regulating District’s maintenance plan for Indian Lake Dam, and will improve the service life of the structure. The release of water from the Indian Lake reservoir will continue throughout the maintenance project. Reservoir water elevation could be lowered by between three and four feet below the operating target elevations during October and early November to facilitate completion of the maintenance work. Reservoir water elevation should return to normal by mid-January.
September 15, 2009 FEDERAL DECISIONS IMPACT REGULATING DISTRICT’S REVENUE ALBANY, NY - The United States Court of Appeals issued a decision which impacts the Regulating District’s authority to assess some downstream beneficiaries. The result will be a significant revenue shortfall which could approach $4 million of the Regulating District’s $5.4 million operating budget for the Hudson River Area. The New York State Legislature created the Hudson River Regulating District in 1922 as a self-sustaining public benefit corporation providing it with statutory authority to assess downstream beneficiaries for the costs of construction, maintenance and operation of the Conklingville Dam impoundment at Great Sacandaga Lake (formerly known as the Sacandaga Reservoir). In 1959, the Legislature combined the Hudson River Regulating District and the Black River Regulating District (established in 1919). In 2000, a comprehensive “Offer of Settlement” for the operation of Great Sacandaga Lake (GSL) and the EJ West hydroelectric plant was negotiated among and signed by 29 entities, including state and federal agencies, municipalities, non-governmental organizations, and hydroelectric project operators in the Hudson River basin. The settlement, the Federal Energy Regulatory Commission (FERC) approved in 2002 when it issued licenses for the GSL and EJ West projects, also provided that the District’s apportionment and assessment of costs would continue under New York law. Although Section 8.4 of the settlement states that “The Signatories to this settlement offer understand the assessment of charges is done by the Board of the Regulating District in a process defined within Article 15, Title 21 of the New York State Environmental Conservation Law,” on November 28, 2008, the United States Court of Appeals, District of Columbia Circuit, determined that the Federal Power Act preempts the Regulating District’s use of New York State law to collect the Regulating District’s costs from Hudson River hydropower companies licensed by FERC. The court ruled that these hydropower licensees could only be assessed using section 10(f) of the Federal Power Act, which allows FERC to levy annual “headwater benefits” charges for a portion of the Regulating District’s interest, maintenance and depreciation expenses. As a result, the Regulating District can no longer collect assessments from the FERC-licensed hydropower plants to cover operating expenses including school and property taxes that the Regulating District is required, by statute, to pay. “After eighty-three years operating under New York State law and collecting assessments that, among other things, cover required tax payments, we are no longer allowed to assess fees on the FERC-licensed hydro plants,” stated Glenn A. LaFave, Executive Director. “This shortfall in revenue will significantly impact the District’s operations and challenges our ability to pay tax bills as mandated by law,” continued LaFave. As a result of the federal decision, the Regulating District is weighing options for covering its operating budget and complying with mandated tax payments. The District may shift a portion of its costs from the hydropower companies to others who benefit from its Hudson River Area operations such as municipalities that receive flood control benefits. The Regulating District has begun the public procurement solicitation process to secure a contractor to prepare a study to assist the Board in its decision to reapportion the Regulating District’s costs. In addition, FERC has commenced a Headwater Benefits Determination to establish charges for the FERC-licensed hydro plants.
June 16, 2009 PAUL J. CORNELL NAMED TO BOARD OF ALBANY, NY and WATERTOWN, NY – Governor David A. Paterson appointed Paul J. Cornell, Gloversville, Fulton County, to the Board of the Hudson River-Black River Regulating District on June 8, 2009, for a term to expire on December 20, 2013. “It is an honor to be appointed to the Board by Governor Paterson,” stated Mr. Cornell. Chairman Philip W. Klein said, “We welcome Mr. Cornell to the Regulating District Board. His extensive knowledge of capital projects and heavy equipment will be an asset to the Regulating District. Also, as many of our dam projects involve underwater work, his experience as a scuba diver will be unique. Mr. Cornell will be a benefit to the Board.” Mr. Cornell has worked for the NYS Department of Transportation in Highway Maintenance for 32 years. A past president of the New York State Divers Association, he is also involved with the Adirondack Aquanautical Society Scuba Club and has been a certified scuba instructor for the last 12 years. Mr. Cornell replaces Patrick B. Dugan from Edinburg who began serving on the Board December 21, 2006.
June 15, 2009 PROPOSED RULES FOR GREAT SACANDAGA LAKE GREAT SACANDAGA LAKE, NY – The rulemaking process for the Access Permit System at Great Sacandaga Lake has ended. The Hudson River-Black River Regulating District did not file a Notice of Revised Rule Making with the New York Secretary of State. By not filing this notice, due by June 11, 2009, the Rule Making process expired. The Regulating District Board may contemplate initiating a new Rule Making sometime in the future. Current permit rules and fees will continue unchanged.
June 10, 2009 DAVID W. BERKSTRESSER NAMED TO BOARD OF ALBANY, NY and WATERTOWN, NY- Governor David A. Paterson appointed David W. Berkstresser of Old Forge, Herkimer County to the Board of the Hudson River-Black River Regulating District for a term to expire on September 1, 2013. “It is an honor to be appointed to the Board by Governor Paterson,” stated Mr. Berkstresser. “As a resident of the Town of Webb, I understand the importance of the Black River and Hudson River watersheds to the future of the State of New York. I look forward to working with my fellow board members on the operations of the Regulating District to maintain the fine line between usage, utility, and conservation.” Chairman Philip W. Klein said, “The Board is pleased to welcome Mr. Berkstresser. He has been very involved in his community for almost thirty years. The Board looks forward to utilizing Mr. Berkstresser’s extensive business background and knowledge of the area. He will be a valued member of the Regulating District.” Mr. Berkstresser is an independent contractor in the Town of Webb. Since 1980 he has been a volunteer fireman and EMT/paramedic, serving as Fire Chief of the Old Forge Fire Department for six years. He is an Emergency Medical Services Instructor for Faxton-St. Luke’s Healthcare. After 911, Mr. Berkstresser helped with the recovery at the World Trade Center. He has been a member of the Old Forge Library Board of Trustees for over 23 years. Mr. Berkstresser replaces Anne B. McDonald from Ticonderoga who began serving on the Board February 16, 1999.
April 2, 2009 GREAT SACANDAGA LAKE ACCESS PERMIT SYSTEM RENEWALS RETURNED GREAT SACANDAGA LAKE, NY – The Hudson River-Black River Regulating District mailed 2009 Access Permit Renewal applications for the Great Sacandaga Lake Permit System to each 2008 permit holder by Friday, January 23, 2009. Some renewals have been returned to the Regulating District as the permit holder’s address has changed. Access permit holders who have not received a 2009 Access Permit Renewal application should contact the Sacandaga Field Office at 518-661-5535 or by email at sacfo@hrbrrd.com . Permit holders are reminded to please contact the Regulating District with any change of address.
February 24, 2009 FEDERAL ENERGY REGULATORY COMMISSION CONFIRMS January through May 2008 Operation Consistent with FERC License GREAT SACANDAGA LAKE, NY – In a posting on the website of the Federal Energy Regulatory Commission (FERC), then-Chairman Joseph T. Kelliher confirmed that the Hudson River- Black River Regulating District operated Great Sacandaga Lake (GSL) consistent with its FERC license requirements. The posting stated: “…the Hudson River-Black River Regulating District (District) operates the project under the requirements of its license and the operating plan and rules known as Hudson/Sacandaga River Offer of Settlement (Settlement) that was negotiated and signed by federal and state agencies, and several non-governmental organizations. The operating plan meets diverse objectives for maintaining a balance between power and non-power resources in the Upper Hudson River Basin, and provides flood protection and flow augmentation for water quality, fish and wildlife habitat and recreation.” Great Sacandaga Lake (formerly the Sacandaga Reservoir) is a river regulating reservoir operated by the Hudson River-Black River Regulating District. Precipitation during the first months of 2008 resulted in above-average reservoir elevations and snow pack. Unseasonably warm April weather resulted in rapidly melting snow, increasing the monthly inflow to 25.6 billion cubic feet (more than 190 billion gallons) of water. At the peak of spring runoff reservoir inflow increased to three times historic average. “The Regulating District is pleased that FERC confirmed our Great Sacandaga Lake operations,” stated Glenn A. LaFave, Executive Director. “The Regulating District makes every effort to comply with FERC mandates, our FERC license and the Offer of Settlement.”
January 21, 2009 HUDSON RIVER - BLACK RIVER REGULATING DISTRICT GREAT SACANDAGA LAKE, NY - Niagara Mohawk (National Grid) filed a lawsuit seeking a court order discontinuing the Access Permit System administered by the Hudson River – Black River Regulating District on New York State lands at Great Sacandaga Lake. The Niagara Mohawk lawsuit challenges the Regulating District's authority to operate the Access Permit System and to propose revisions to the Access Permit System rules (Title 6 NYCRR Part 606). Niagara Mohawk claims that the Access Permit System creates an illegal subsidy paid for by Niagara Mohawk and other hydropower and municipal beneficiaries downstream of the Conklingville Dam. “This litigation came as a surprise. Without revealing our litigation strategy, I can assure the area’s municipalities and access permit holders that the Regulating District will oppose this lawsuit,” stated Glenn A. LaFave, Executive Director. “The Hudson River – Black River Regulating District Board has the authority to administer the Great Sacandaga Lake Access Permit System and will defend its authority to do so.”
January 20, 2009 REGULATING DISTRICT VIDEOS AVAILABLE AT HRBRRD.COM ALBANY, NY and WATERTOWN, NY - The Hudson River – Black River Regulating District has posted two videos, the “Hudson River Area” and “Black River Area” on its website. Each video contains information specific to each of the Regulating District’s two watersheds as well as facts about the Regulating District in general. “Although many people are aware of the Regulating District, we want to provide the public with these videos to inform them of the Regulating District’s mission, operations and governance,” stated Glenn A. LaFave, Executive Director. The Hudson River Area Video is available at http://www.hrbrrd-hudsonriver.asx and the Black River Area Video is available at http://www.hrbrrd-blackriver.asx. In addition, a multimedia presentation about the Regulating District’s Stillwater Reservoir is available on the website of the Watertown Daily Times at http://www.watertowndailytimes.com/section/multimedia?objdir=stillwater&objw=620&objh=503.
November 18 , 2008 DEC REPORTS SPINY WATER FLEA IN GREAT SACANDAGA LAKE GREAT SACANDAGA LAKE, NY The New York State Department of Environmental Conservation (DEC) reports that the Spiny Water Flea is in Great Sacandaga Lake. According to DEC, the spiny water flea is an invasive species that feeds on tiny crustaceans and other zooplankton that are foods for fish, putting them in direct competition for this important food source. The tail spines of the spiny water flea hook on fishing lines, fouling fishing gear. For more information regarding the spiny water flea and precautions that can be taken to avoid transporting the spiny water flea and other invasive species, please view this DEC link: http://www.dec.ny.gov/outdoor/9219.html
November 18, 2008 DEC: INVASIVE INSECTS TRANSPORTED ON FIREWOOD KILL TREES GREAT SACANDAGA LAKE, NY The New York State Department of Environmental Conservation (DEC) has imposed firewood restrictions to protect forests from invasive insects. According to DEC, to protect New York's trees, people should leave firewood at home, buy only local firewood, and burn all firewood brought to a campsite. For more information regarding precautions that can be taken to avoid transporting invasive species, please view this DEC link: http://www.dec.ny.gov/animals/28722.html
May 29, 2008 HUDSON RIVER-BLACK RIVER REGULATING DISTRICT ESTABLISHES TELEPHONIC RESERVOIR AND RIVER REPORT
“Although, in recent years, the Regulating District updated our website to include more information about our operations, we are aware that many people in the Hudson and Black River watersheds, especially seasonal residents, do not have Internet access,” stated Glenn A. LaFave, Executive Director. “In the past, there were different recorded messages at different telephone numbers. The Regulating District now has one comprehensive message.” The report includes reservoir elevations for Great Sacandaga Lake, Indian Lake, Stillwater Reservoir, Sixth Lake and Old Forge. The report also contains river stage and flow values as reported by the United States Geological Survey for
This information is also available on the Regulating District’s website at http://www.hrbrrd.com/gauges.html .
March 2, 2007 Regulating District Conducts Permit System Survey Mayfield, NY Current permit holders should have received a survey with their Application for Renewal of Access Permit at GSL. The Board of the Hudson River-Black River Regulating District is asking all current and new permit holders to complete and return a survey. If you have questions about the survey or if you need another copy of the survey, please use on one of the links below. Frequently Asked Questions About Permit System Survey Survey for Non-Commercial Access Permit Holders Survey for Commercial or Special Access Permit Holders
Employment Opportunities (none at this time)
Regulating District Inspects Conklingville Dam After Break In March 14, 2008 Regulating District Seeks identity of Intruder at Conkingville Dam March 7, 2008
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