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MassDEP holds information session on FirstLight 401 certification; decision due April 22, 2025
Summary
MassDEP convened an informational meeting on FirstLight’s 401 water‑quality certification tied to FERC relicensing, explaining what the agency can consider, summarizing settlement terms, and taking detailed public questions on erosion, fish passage, monitoring and recreation. The draft decision is expected Dec/Jan and the final decision by Apr. 22, 2025.
The Massachusetts Department of Environmental Protection held an informational session on Oct. 10 to explain its ongoing review of FirstLight’s 401 water‑quality certification application tied to relicensing of hydropower facilities at Turners Falls and Northfield.
Tim Jones, acting director for the Division of Wetlands and Waterways at the Massachusetts Department of Environmental Protection, told attendees the statutory question MassDEP must answer is whether the proposed operations would “comply with the Massachusetts surface water quality standards” and support designated and existing uses such as fish habitat, recreation and aquatic life. “This is a public information session…It’s not a public hearing,” Jones said, adding that MassDEP expanded public engagement for this project and will post the recording and slides online.
Jones stressed limits on the agency’s authority under state law: MassDEP may grant, deny, or waive certification and may attach water‑quality conditions that FERC must incorporate into a federal license when those conditions relate to water quality. He said MassDEP cannot consider matters outside water‑quality standards, such as decommissioning, energy policy or broad socioeconomic impacts.
Panelists from MassWildlife, the Department of Conservation and Recreation and other agencies presented technical material and answered questions. Jesse Lehi of the Massachusetts Division of Fisheries and Wildlife said the settlement agreements negotiated with federal and state fish and wildlife agencies and non‑profits would, if adopted, increase minimum flows in the bypass reach and below Cabot Station in ways expected to benefit migratory fish and other aquatic life.
The session turned to a detailed public question‑and‑answer period, where residents and tribal representatives raised concerns about erosion, fish entrainment, DNA evidence of shortnose sturgeon, the timing of fish‑passage construction, and whether MassDEP would withhold or deny certification. Jones said MassDEP is in the middle of a year‑long review: the agency intends to issue a draft decision in December or early January with public hearings and written comment to follow, and it must issue a final decision by April 22, 2025, one year after the application filing.
Panelists said factual follow‑ups and data requests that could be answered would be included in the post‑meeting materials. Jones urged continued written comment during the upcoming draft‑decision public comment period.
What’s next: MassDEP will review the technical record, peer reviews and public comments, release a draft determination in Dec./Jan., hold public hearings and then issue a final certification decision by April 22, 2025.
