Boyne City will monitor FERC docket and explore intervention after resident raises dam-safety concerns

Commissioners directed staff and counsel on March 14 to monitor the Federal Energy Regulatory Commission (FERC) docket for the Boyne River hydroelectric relicensing and to pursue intervention if appropriate after a public commenter raised dam-safety concerns.

William Arbeeman, who identified himself as a Boyne City resident and "a retired Earth scientist," told commissioners he reviewed dam records, submitted photos and concerns to FERC and assisted Friends of the Boyne River in gaining intervener status. Arbeeman urged the city to consult with its attorney before releasing materials and flagged specific reports and letters for the commission’s review.

"There'll be some reports on what's happening at the dam and so forth," Arbeeman told the commission, and asked that the city attorney review certain documents before public release.

City legal staff reviewed the docket and said the relicensing and license reauthorization process has many filings and that several parties already have intervened — including the state Department of Natural Resources, EGLE, Friends of the Boyne River, U.S. Fish and Wildlife Service and the Department of the Interior. County emergency management reported seeking intervener status as well.

Legal counsel and staff advised that late intervention is possible if the movant shows good cause for missing an original deadline, and that one factor FERC will examine is whether the city's interests are already represented by an existing intervener. Counsel said filing a motion to intervene is not costly and estimated it would take roughly a quarter hour to prepare and submit an initial pleading.

"It's taking me all of 15 minutes to submit a motion to intervene," staff/legal counsel said, urging commission direction on whether to proceed.

By consensus the commission directed staff to monitor the docket, to coordinate with county officials and to prepare an intervention filing or comments if warranted. Commissioners noted that intervention does not preclude later civil actions if structural failure occurs; regulatory participation and civil liability are separate tracks.

Why it matters: The condition and licensing of the Boyne River dam has potential public-safety implications for riverside properties and emergency planning; formal intervention in the FERC process gives the city and its residents an opportunity to raise operational or safety concerns that could influence licensing conditions.

What’s next: Staff/legal counsel will monitor FERC filings, share relevant materials with the commission and proceed with a motion to intervene if counsel advises it is necessary and the city’s interests are not already represented.