Idaho request to negate Oregon fish passage law rejected

Federal authorities have rejected a request by an Idaho utility to negate an Oregon law requiring fish passage as part of relicensing for a hydroelectric project on the Snake River where it forms the border between Idaho and Oregon.

The Federal Energy Regulatory Commission on Thursday dismissed the petition by Idaho Power asking to exempt the three-dam Hells Canyon Complex from the Oregon statute.

The filing in December said the Supremacy Clause of the U.S. Constitution that has to do with federal authority over states pre-empts the Oregon law.

The commission in the 14-page decision said it found no reason why Oregon couldn’t require fish passage and reintroduction as part of relicensing.

Idaho Power spokesman Brad Bowlin says the company is still evaluating the decision and had no comment.