About 50 area residents attended a public hearing at Windham High School last Thursday night to discuss the relicensing of the Eel Weir Dam which feeds the Presumpscot River.

The Federal Energy Regulatory Commission held the meeting to give people a chance to respond to the commission’s draft Environmental Assessment, or recommendations governing lake levels and how much and when water is let over the dam. The public hearing was required and one more step toward the renewal of S.D. Warren’s Eel Weir Hydroelectric Project 30-to-50-year operating license.

S.D. Warren has been operating the Eel Weir Dam under an annual license since its original expired in March of 2004. The hydroelectricity furnishes power for the Westbrook company.

The commission’s project coordinator Allan Creamer presided over the hearing. He began by announcing “the ground rules,” saying no one was allowed to talk about issues pertaining to this spring’s flooding.

“There is a pending proceeding regarding this issue,” said Creamer. “We are not at liberty to talk about that.”

The crowd groaned its displeasure in response to the announcement.

Creamer also apologized for the department’s failure to mail requested copies of the Assessment – a failure that gave many people no chance to examine the document before the meeting and less information to use when filing written comments that were due on August 25.

“Most of what I’ve prepared has been banned by rule changes,” said Charles Bragdon, later in the meeting. He was there to represent both the Snug Harbor Association and the Sandbar Road Association. “Because you didn’t get this book out in time, I would ask FERC to extend the deadline for written complaints.”

Before the hearing was turned over to the public for comments, Creamer outlined the recommendations his department made in regard to the recommendations. He said they recommended that S.D. Warren’s proposal continue as it was identified in their application but with a few modifications or additions from staff.

One of these changes concerns the spring fill-up target. They recommend a target level of 266.65 feet above sea level on May 1.

The department recommends an additional week to maintain the spillway crest – previously it was from May 1 to no later than the second week in June. With new recommendations, this would change to the third week of June.

During public input, Nathan Whalen, who works for the Portland Water District, expressed concern about the extra week at spillway crest.

“I think May 1 to the first week of June is plenty of time (to be at full crest),” he said. He added that the District is working on comments that they intend to submit to the commission.

Another recommendation of the commission was to allow a three-inch variance in the August target date, a change that, according to Creamer, is “not so much a change in operation as it is in compliance – it gives S.D. Warren more leeway in complying with their license.”

Robert Hennick, of the Sebago Pines Property Owners Association, agreed with a higher summertime water level.

“Our Muddy River area is drained completely dry,” he said. “It would keep some water over the whole area.”

Charles Frechette, owner of Sebago Lake Marina also desired higher water levels in summer.

But a number of people who spoke at the hearing recalled a Sebago Lake of another era – one that offered its residents and guests wide, sandy beaches. One after another, they reiterated impassioned pleas to save the lake from further erosion.

Roger Wheeler, president of Friends of Sebago Lake, pointed out the “economic devastation” caused by the high water levels.

“Economically,” he said, “your reasons are conspicuously flawed.”

He cited damage to beaches that loses the area millions of dollars. He also referenced the money lost by hydropower plants from excess water spillage; the expense of flooding events brought on by less capacity in the lake to hold large, unexpected amounts of water; the money lost because of the high water’s effect on fisheries up- and downstream; and the money lost as a result of the proliferation of invasive species.

“Milfoil thrives in a regulated lake,” he said.

A room filled with tension became electric as Stephen Nicoli of Raymond spoke.

“As far as people losing beaches,” he said, “a lot of the sand never was there to begin with.”

The crowd jeered and called Nicoli a liar.

“Do we have a chance to rebut him?” asked one individual.

And, “He’s lying,” said another.

“You say that again and I’ll come over and smash you in the mouth,” shouted Nicoli in response.

Creamer quickly took the mike and calmed the angry crowd, allowing Nicoli to continue.

“I would like to see the lake level raised six inches at that point (August 1) with a three-inch buffer level,” Nicoli said.

And resident Ted Davis later said, “I like floods. Floods are wonderful. The lake causes sand. Seawalls cause erosion. S.D. Warren and the Portland Water District have been good stewards of the lake for over 100 years.”

Fervent speaker Ted Tibbals said it was ironic that a dam is “licensed to a private business to profit from a natural resource.”

Tibbals also commented on the short response time allowed by the Commission.

“You’ve spent three years preparing this draft and give us only a few weeks to respond,” he said.

At the end of the hearing, Creamer announced the target date of the final Environmental Assessment – either November or December. Once finalized, the commission will make a decision on S.D. Warren’s relicensing.