Another permit confirmed for energy storage project

The water quality permit was first denied without prejudice by Washington’s Department of Ecology (DOE) in June 2021, then granted by the DOE in May 2023.

Columbia Riverkeeper, Washington Conservation Action, American Rivers, and the Confederated Tribes and Bands of the Yakama Nation filed an appeal of the permit to Washington state’s Pollution Control Hearings Board (PCHB).

The Nez Perce Tribe, Confederated Tribes of Warm Springs, and Confederated Tribes of Umatilla Indian Reservation also oppose the project. And 57 tribal governments, composing the Affiliated Tribes of Northwest Indians — the largest and oldest such organization — passed emergency resolutions to try and protect the site, urging regulators to deny permits.

“We are deeply disappointed in the PCHB’s decision today. Upholding the water quality certification ... in no way diminishes the very real destructive impacts that this development will have on cultural and religious resources,” Columbia Riverkeeper, Washington Conservation Action and American Rivers wrote in a joint statement. “We will continue our advocacy in opposing this poorly sited development and demanding that state and federal agencies and developers conduct proper, comprehensive Tribal consultation prior to siting and throughout the development process.”

“The PCHB’s decision demonstrates confidence that the energy storage facility will safeguard water quality,” wrote Becky Brun of Weinstein PR, representing Rye Development.

As of January, Yakama Nation members said the legally required government-to-government consultation between the U.S. and Yakama Nation still had not been done. The Federal Energy Regulatory Commission (FERC), which must issue the final permit, first asked the developer, Rye, to consult with Tribal nations. Yakama Nation refused to consult with a developer instead of a government.

Without breaking its self-written rules, FERC couldn’t keep information disclosed by Yakama Nation completely confidential. It is against Tribal law and custom to disclose some sensitive cultural information, so they cannot fully disclose the importance of this sacred site.

DOE’s environmental review also found the project would impact golden eagles, little brown bats, smooth desert parsley and other rare plants.

“This proposed development isn’t ‘clean energy’ if it destroys Tribal lands and cultural practices,” read the joint statement.

The project is located on the site of a former aluminum smelter, but will also impact a biodiverse natural area Yakama Nation has stated is an irreplaceable gathering area. The facility would pump water uphill to a pond, then release it to flow back down past turbines. If it functions as advertised, the plant would be a paid energy storage facility for various utility services.

According to orders filed with the PCHB, the appellants claimed the contested permit would let the project leak “substantial amounts of polluted water” into groundwater, which seeps to the Columbia. In response, PCHB’s board concluded that the appellants had failed to prove leaks, if they occurred, would violate water quality standards in the Columbia River. If leaks occurred, the final order said, DOE would “take steps” to address them, including “adaptive management and possibly requiring more permits.” The order acknowledges that the project will affect three streams including Swale Creek.

Construction is planned for 2027-28, Brun said. Before design and engineering can begin, Rye still needs a decision from FERC on a 50-year construction and operations license.

“A clean energy future must uphold federal trust and treaty obligations that consider the cultural and health impacts of these projects on sacred sites. These parts of our identity — the land, the roots, and the water — are a part of our collective history and we must not erase them,” said Alyssa Macy, citizen of Confederated Tribes of Warm Springs and CEO of Washington Conservation Action, in a press release.