FERC approves increased water levels on Wolf River, Shawano Lake

The U.S. Federal Energy Regulatory Commission has granted a two-year amendment allowing Eagle Creek Renewable Energy (ECRE) to bring the water level in Shawano Lake, the channel and the Wolf River pool above the Shawano dam to its historical level of 802.9 feet above mean sea level year-round.

The level was drawn down to 802.5 above msl in 2015, starting a lengthy controversy.

The amendment granted July 21 is the latest step in implementing an agreement to set the levels permanently at 802.9 msl, which records indicate was maintained at least from 2000 to 2015 with no significant environment effects.

ECRE requested the two-year amendment in May, and FERC took comments on the proposal during June. Five individuals living downstream of the project and the downstream Town of Matteson filed comments expressing concerns related to possible downstream flooding, but the order approving the request said flooding can be prevented by limiting the drawdown rate so it does not significantly increase downstream flows.

The FERC document does take ECRE to task for filing its application just before the proposed start date, and said this has happened on several other occasions since the 2015 drawdown.

“While Commission staff has obtained enough information in this instance to act on the exemptee’s application, in instances where there is a recurring issue at a project, the Commission generally disfavors piecemeal, temporary changes to license or exemption conditions, particularly on such an expedited basis,” the order states.

Accordingly, FERC is requiring that the expected application for a permanent amendment setting the 802.9 feet msl level be filed no later than Dec. 31, 2022.

The commission ordered ECRE to develop an operations plan within 90 days in consultation with the Wisconsin Department of Natural Resources and the U.S. Fish and Wildlife Service “that details the actions and processes that will be used to ensure compliance while temporarily operating the project at the higher normal target impoundment elevation.”

The effort to raise levels permanently has the support of Shawano Area Waterways Management, the DNR and several local fishing groups. The agreement is contingent on ECRE reaching a cost-sharing agreement with SAWM.

To read the order, click on "FERC order 7-21-2021.pdf" under Documents below.