FERC at the Lake of the Ozarks
Recreation at the scenic Lake of the Ozarks is being threatened by FERC's over reach.
FERC at the Lake of the Ozarks
Last year, the Federal Energy Regulatory Commission (FERC) issued a ruling that was unacceptable to the citizens living and working around the Lake of the Ozarks. Under a Shoreline Management Plan issued as part of AmerenUE’s license to operate the Osage Hydroelectric Project at Bagnell Dam, private residences, commercial businesses, and other structures within the project boundary would have to be removed. FERC’s original ruling defied common sense and impeded private property rights by ignoring recorded deeds and easements. Their action was not supported by any good reasoning or evidence showing why it was needed or how it would help.
After several letters and calls from the Congressional delegation, a series of public hearings, and numerous comments from concerned stakeholders, FERC finally approved Ameren’s proposal to revise the shoreline boundary in a way that allows all homes and commercial structures to remain in place. This is good news for the local real estate market, but it is clear that FERC’s power must be reined in to prevent anything similar from happening in the future.
Although FERC’s main job at hydroelectric lakes is supposed to be regulating energy production, it now also regulates matters as broad and vague as “scenic beauty,” “aesthetic values,” “recreational values,” and “fish spawning grounds.” This expansive regulatory authority goes far beyond FERC’s mission and expertise, and FERC’s actions taken under this expanded authority have led to unnecessary frustration and outrage. FERC’s oversight should be restored to its core mission – regulating energy production – not dictating home construction and recreation.
Local land use and zoning have long been governed by local government, as common sense tells us that the people who live in an area should be able to decide what their neighborhood should look like and how restrictive their building ordinances should be. This is why on August 1, 2012, I introduced the Leave Our Lakes Alone Act (LOLA), H.R. 6244, which would give each state the choice to opt out of all FERC shoreline regulations other than those governing power regulation. If a state legislature enacts a law opting out of FERC’s additional shoreline regulations, then the state or local government could institute any regulations they see fit for their hydroelectric lakes’ shorelines, so long as they do not impact power regulation. If a state is comfortable with the way FERC currently regulates its lakes, then nothing would change and FERC would go on regulating that state’s lakes as it currently does.
Under this bill, no state would be forced to opt out of FERC’s non-energy regulations, but those that wish to do so would be allowed to opt out. This true freedom of choice would let the local citizens who are directly affected by shoreline regulations make their own decisions about their neighborhood and homes.
If you have any questions, or would like to comment on how FERC has affected you or your family, please email lakeoftheozarks@mail.house.gov with your comment or story.
For more information concerning my work and views on the issue of FERC at the Lake of the Ozarks, please contact my Washington, DC office.
I look forward to your feedback.
Thank you.