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Scope/Content: Abstract: On June 30, 2008, Essex Hydro Associates, LLC (Essex) filed a request to stay the Commission's January 23, 2004 order1 accepting the surrender by FPL Energy Maine Hydro, LLC (FPL Energy) of its license for the Fort Halifax Project No. 2552, along with a motion seeking amendment of the surrender order, with a view to Essex taking over the project. Essex filed a second motion for stay on July 14, 2008. As discussed below, because surrender of the Fort Halifax license and dam removal were approved by the Commission and affirmed by the courts several years ago, because those activities are part of a settlement related to a basin-wide plan for the restoration of anadromous fish that is supported by the licensee, federal and state resource agencies, and nongovernmental agencies, and because Essex provides neither a convincing explanation of why it waited so long to seek to halt the ongoing surrender and dam removal process nor proof that there is any likelihood that it would succeed in taking over the project, we deny Essex's pleadings. Scope/Content: Author affiliation: FPL Energy Maine Hydro
Ecology and river restoration Legal and policy Dams Dam retirement