On Thursday, April 3, 2025, the Swinomish Tribe filed a request to the Federal Energy Regulatory Commission (FERC) for an extension to comment on OPALCO’s Draft License Application for the Rosario Strait Tidal Energy Project. The request is based on requests by OPALCO in their March 28, 2025 application for waivers for numerous provisions of the Integrated License Process in the Federal Power Act. Waivers for these provisions “substantially shortens the timeframe to review and provide comments on entirely new information about a new technology that is currently untested in the critical habitat of multiple Endangered Species Act-listed species in Washington waters.”
In their letter, the Tribe writes:
“… it is only with the DLA filing last week that the Tribe has been made aware that the Applicant seeks an expedited – and significantly truncated – public review and comment timeline. At no point in the past two-plus years of conversation has the Applicant ever mentioned that it would bypass the normal Integrated License Process under §5 of the Federal Power Act to shorten the public engagement timeline. … despite the Tribe’s repeated requests to participate in study and monitoring plan creation and to receive substantive information about the Project far ahead of the Applicant’s DLA filing, no substantive information was shared and no opportunities to collaborate on study and monitoring plans were granted by the Applicant. The Tribe believes that the pilot project timeline waivers that Applicant seek present an unreasonably short timeframe in which meaningful review and government-to-government consultation can occur.”
“… the tidal turbine technology that Applicant proposes to deploy in Rosario Strait is new technology that has not been tested in Washington waters. The Project, which will have a footprint of several dozen acres, is proposed for the middle of designated “critical habitat” for four (4) Endangered Species Act-listed (“ESA-listed”) species.”
“… the Applicant seeks a 10-year pilot project permit for this new in-water technology. That is a significant amount of time to merely test a new technology. And, while this may be designated a “pilot” project the reality is that the Project would be a full-sized tidal turbine operating in the waters. Applicant has indicated that it intends to seek a full, formal license from FERC after the pilot permit ends, meaning that once the technology is deployed, it may not leave the water for several years or decades. As a result, it is imperative that if this new technology is to be given the privilege of operating in adjudicated usual and accustomed fishing areas of eight (8) tribal nations, including Swinomish, the DLA review and comment period must allow time for thorough and thoughtful review. Indeed, before the Tribe can support up to a 100-acre incursion into its adjudicated Treaty fishing area, it must fully understand the risks and be afforded the opportunity to ensure that all proposed PM&E measures are adequate to protect the Tribe’s resources and interests.”
View the Tribe’s full request letter here.