Cushion Update

Cushman Update as of June 2nd, 2011

On May 19, 2011, the Federal Energy Regulatory Commission (FERC) issued an order denying the request for re-hearing that was filed in August, 2010 in the Cushman licensing proceeding.  The Effective Date of the Cushman Settlement Agreement will be July 18, 2011.  According to the terms of the agreement, Tacoma Public Utilities (TPU) has up to 120 days after July 18 to turn over the money ($11 million) for the damages portion of the agreement.  This transfer of money would have to occur on or before November 15, 2011.  For the settlement of the trespass issue, TPU has up to 60 days after July 18 to turn those funds ($1.6 million) over to the BIA, which makes that date September 16, 2011.  The BIA will distribute the trespass settlement money to the allottees involved as they have done with the annual charges.  Finally, TPU will have up to 60 days to turn over title of the lands included in the settlement agreement to the Tribe.  Tribal staff and attorneys Mason Morriset and Thane Somerville are working with TPU to make sure that the money and land transfers occur smoothly and according to the terms of the agreement.  Updates will be provided through the Sounder and at General Council meetings as things progress.Below is the actual decision from FERC.

FERC denies rehearing and reconsideration of motion for late intervention H-6, City of Tacoma, Washington, Project No. 460-043. The order denies a request for rehearing filed by Mr. Gerald Richert, a landowner in the Skokomish River Valley, of the Commission’s July 15, 2010 order on remand and on an offer of settlement, amending the license, authorizing a new powerhouse, and lifting a stay of the license for the 131-megawatt Cushman Hydroelectric Project No. 460. The project is located on the North Fork of the Skokomish River in Mason County, Washington, and occupies U.S. lands within the Olympic National Forest and the Skokomish Indian Reservation. The order also denies a motion for reconsideration, filed by ranchers in the valley, of the Commission Secretary’s September 8, 2010 notice denying their late motion to intervene and rejecting their request for rehearing.