The Kesslen Dam, alongside the Lafayette Center, in downtown Kennebunk is one of three dams America First Hydro LLC had hoped to license, but the Federal Energy Regulatory Commission notified the New York utility on April 29 that it had rejected its application. Daniel King photo
KENNEBUNK – The Federal Energy Regulatory Commission has rejected an application by America First Hydro LLC of Mahopac, New York, for licensure of three dams along the Mousam River currently owned and licensed by Kennebunk Light & Power District.
In an April 29 letter rejecting the application, the FERC Office of Energy Projects wrote that the application “patently fails to conform to the requirements of the Commission’s regulations and must be rejected.”
It noted requests for a rehearing may be filed within 30 days. American First Hydro formally withdrew its application on Friday, May 1.
America First regulatory member Paul Nolan in a telephone interview Monday said FERC has no provision for a re-filing.
“It was a very difficult process,” said Nolan, adding he had enjoyed working with Kennebunk Light & Power District General Manager Todd Shea and others.
Shea did not return two telephone messages seeking comment on next steps on Monday, but the matter is listed on the Kennebunk Light & Power trustees meeting agenda, set for 5 p.m. Tuesday, May 5. Meetings are conducted online, and instructions for joining them are on the power district website.
Kesslen, Twine Mill and Dane Perkins dams are owned by KLPD and located at sites that have had dams since the 18th century. The utility’s license to operate them expires in March 2022.
Trustees of KLPD in December voted to transfer the current licenses and the dams to America First Hydro and the two entities jointly applied to the Federal Energy Regulatory Commission for a transfer of the licenses.
The sale of the three dams, for $1, were to have been in “as is, where is,” condition with no warranties. Shea explained in a prior interview. The plan would have seen Kennebunk Light & Power buy back power generated by America First Hydro for a period of 20 years, at .08535 per kilowatt hour.
The FERC letter detailed a number of deficiencies in the application and named studies that America First Hydro had failed to provide, including a detailed description of the affected environment of the proposed project. FERC noted the license application did not include a detailed description of the project’s effects on fish passage, wildlife and wildlife habitat, cultural resources and other factors, including an economic analysis.
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