In it's most recent order clarifying the FERC's position on property rights at Lake of the Ozarks, FERC officials are now insisting their order was misinterpreted and that property rights were never in jeopardy. I find this statement disingenuous, at best. Read for yourself the original language of FERC's 1st order of July 26th below:
Pretty clear, right? Now here’s FERC reversal: Commission staffers said today that a FERC order issued July 26 was misinterpreted to mean that it would order removal of all privately owned structures built within the boundaries of the Osage project. Ameren is responsible for managing the shoreline, which includes ensuring that structures within the project boundary around the Lake of the Ozarks are built with the proper authorizations. Property rights owners have in lands within the boundaries of the Osage Project, whether conferred by deed, lease, easement or other conveyance, have not been and will not be altered by FERC's actions, the commission said. "I am confident that today's decision will bring clarity to residents along the shoreline of the Lake of the Ozarks," the commission's chairman, Jon Wellinghoff, said in a statement. "I expect Ameren to move quickly to comply with the Commission order. This will resolve all outstanding issues associated with its shoreline management plan and bring this matter to a swift and satisfactory resolution."
Clearly this is an abrupt U-turn from FERC -- no innocent misinterpretation even remotely possible. What is more disturbing is that the language/rationale in the original Lake of the Ozarks order is the same language/rationale we've seen at Crescent Bar Island, and at Smith Mountain Lake regarding Gangplank Pointe, and I'm certain at many other FERC mismanaged projects. I would have preferred a FERC statement more along the lines of: "We [FERC] have over-reached our authority and have caused unnecessary stress and concern for the residents surrounding our projects. Consequently we [FERC] acknowledge our errors of judgment and we [FERC] are going to encourage our licensees to form partnerships with their communities, as was done prior to our [FERC] invention of Shoreline Management; as the community and our licensee are the most knowledgeable and most qualified to regulate their shorelines." Blaming their licensees for FERC mandated content in Shoreline Management Plans does solve the problem, it simply deflects accountability. So for those licensees struggling to implement FERC mandated regulations in your Shoreline Management Plans, stand by to be "run through your turbines" by your regulator, as it was your fault for accepting their direction. Unfortunately commonsense did not prevail and this is why we must continue to support the recently proposed federal legislation to get the FERC out of the SMP business -- completely. |