PRESS RELEASE
April 2, 2024
OVERWHELMING OPPOSITION TO CUFFS RUN PROJECT AS COMMENTS CLOSE
Over 1,100 comments from people from all walks of life opposing the project.
Chanceford Township, PA – It has been 60 days since the Federal Energy Regulatory Commission (FERC) accepted a preliminary permit application for the proposed pumped storage project along the Susquehanna River at Cuffs Run in York County. April 1, 2024, marked the last day for the public to submit comments to FERC. Hikers, trail runners, cyclists, boaters, bird watchers, kayakers, and many other groups of individuals who cherish the recreational areas around Cuffs Run spoke up in opposition and voiced a myriad of concerns to the Commission. Most importantly, the families who would lose not just their homes, but their life’s work had the opportunity to ring the real alarm bells.
The proposed $2.3 billion project proposed by York Energy Storage, LLC would involve construction of a 1.8-mile dam and power turbine pumped storage facility, which would flood 588 acres of land in the Susquehanna Riverlands Conservation Landscape – an area along the Susquehanna River that is rich with natural, cultural, and recreational resources and that the state of Pennsylvania has prioritized for protection.
“Farm & Natural Lands Trust of York County is hopeful that FERC will close the door on this and potential future attempts at the unwanted taking of some of York County’s pristine (and preserved) open spaces,” said Sean Kenny, Executive Director of Farm & Natural Lands Trust of York County. “The looming applications with this project created a positive by bringing many of the non-profits doing important work in the agricultural, environmental, and recreational avenues even closer, plus has increased awareness and importance of land preservation in the region. FNLT looks forward to working with these partners and landowners to continue saving these spaces for future generations of citizen and wildlife to enjoy.”
“The Mason Dixon Trail is a treasured recreational amenity in the Susquehanna Riverlands. The Cuffs Run gorge is a hidden gem along the trail’s challenging route. Both would be eviscerated by York Energy Storage’s ill-founded project,” said Brook Lenker, Executive Director of Keystone Trails Association. “We’re pleased to join with conservation allies in fighting this dubious energy scheme and hope that FERC shares our justified concerns.”
The landscape of the Lower Susquehanna River has been recognized by both state and federal governments as a landscape worthy of protection and investment. In the last 10 years, over $100 million has been invested by county, state, and federal governments as well as nonprofit partners and local municipalities along the river. These investments have supported a thriving and growing outdoor recreation and tourism economy, which would be threatened should this project move forward.
This proposed project would destroy preserved farms, a regional scenic trail, and forested lands much needed to help ensure the ecological health of this landscape and waterway.
“As a land trust we take the long view, often looking hundreds of years into the future,” said Fritz Schroeder, President & CEO of Lancaster Conservancy. “The beautiful landscape of the lower Susquehanna River demands this sort of vision, and we are proud to partner with like-minded organizations, neighbors, and elected officials to defend Cuffs Run against this shortsighted and destructive project.”
“This project will destroy one of the most historic, scenic, and ecologically diverse areas of our National Heritage Area, including important state and federally designated resources. It will ruin scenic and historic views, disconnect trail users from natural areas, discourage heritage and outdoor tourism, and harm the health of the Susquehanna River and Chesapeake Bay,” said Mark Platts, President of Susquehanna National Heritage Area (SNHA). “The overwhelming opposition of elected officials, community groups, individuals, and businesses – including the operators of Safe Harbor and Holtwood dams – provides FERC with a multitude of reasons to deny York Energy’s application and stop this ill-conceived project now.”
FERC’s regulations (18 C.F.R. § 4.033) provide that FERC will not even consider an application for a preliminary permit, like York Energy Storage’s application, if the proposed project would interfere with a licensed project in a manner that, absent the licensee’s consent, would be precluded by Section 6 of the Federal Power Act. Given this project would utilize Safe Harbor Dam’s reservoir Lake Clarke for its operations, FERC requires the consent of the Safe Harbor Water Power Corporation and possibly other dam owners on the river, in order for the preliminary permit to be approved by FERC.
“York Energy Storage has continuously shown its lack of fitness throughout this permitting process,” said Ted Evgeniadis, Lower Susquehanna Riverkeeper (LSRA). “They do not have the resources and are ill equipped to take on a project of this size. They copied and pasted analyses done in 1993 and used them for this project and didn’t take the time to do any relevant research. York Energy Storage also failed to submit required information and failed to obtain the consent of Safe Harbor. FERC should deny the permit on its face as York Energy storage failed to submit the basic information needed for FERC to review the project at this stage.”
“Meanwhile, yesterday the Safe Harbor and Holtwood Dam owners weighed in and provided additional reasons why the application should be denied,” said Robin White, Attorney of Gibbel, Kraybill & Hess. “Here, these two existing licensees state that they performed internal operational analysis (because York Energy Storage failed to provide them sufficient information from which they could determine the effect) which concluded that the proposed project would alter and interfere with their operations under their licenses. They accordingly asked FERC to deny the permit application. This gives FERC an additional legal basis on which to deny the permit.”
“Ever since the initial application from York Energy Storage LLC was submitted in February of 2023, it has been not only time consuming but also completely life consuming,” said Jen Horton of Cuffs Run Alliance. “However, we are extremely proud of the way our community is locking arms and showing support for one another and coming together to stop this project from happening. It has been a long battle so far, but a well fought battle, and we are humbled by and most grateful for the soldiers that have joined forces to help us present an overwhelming case upon which FERC can deny the application.”
Particularly in the context of this proceeding, where there has been so much opposition to the proposed project and so many grounds for FERC to deny the application, it is hard to imagine that FERC would grant the preliminary permit application. We remain hopeful that FERC will act rationally and deny York Energy Storage’s application.