Constellation, Maryland reach Conowingo Dam agreement

The commitments - valued at more than $340 million - were negotiated in partnership with Waterkeepers Chesapeake and Lower Susquehanna Riverkeeper Association.

The dam, built in the late 1920s,  provides hydroelectric power to the region, including Delaware and counts towards Maryland's renewable energy target. Conowingo's issues include sediment behind the dam and in the river and bay. The dam powers the equivalent about 160,00 homes in Maryland.

“The Chesapeake Bay is the keystone to Maryland’s prosperity,” said Gov. Moore. “This agreement will lead to real improvements in water quality in the biggest tributary of the Chesapeake Bay, while securing the future of one of our state’s largest clean energy producers. By bringing everyone to the table, we have struck an agreement that is good for the environment, good for energy production, and good for Marylanders.”

The agreement clears the way for the re-licensing and continued operation of the dam’s hydroelectric facility on the Susquehanna River. The terms of the agreement include operational improvements and upfront and annual payments.

Water quality and resiliency: $87.6 million for pollution reduction and resiliency initiatives, including shoreline restoration, forest buffers, fish passage projects and planting underwater grasses that produce oxygen, stabilize sediments and provide habitat for countless species.

• Trash and debris removal: $77.8 million to strengthen efforts that already clear an average of about 600 tons of debris each year, with ipproaches like barging for removal.
• Aquatic life passage: More than $28 million for fish and eel passage improvements and protections at the dam, helping American shad, river herring, and freshwater mussels rebound while reconnecting habitats across the Susquehanna.
• Freshwater mussel restoration: $23.3 million to build and operate a hatchery that will seed the river with mussels, which, like oysters, are natural filters that clean the water and reduce pollution flowing into the Bay.
• Dredging: $18.7 million to support additional studies on dredging and related activities.
• Invasive species management: $9.4 million to control destructive species like snakeheads and blue catfish, protecting the river’s ecosystem and supporting Maryland’s fishing economy.
• Ongoing: Lower Susquehanna Riverkeeper Association and Waterkeepers Chesapeake have an ongoing role in aspects of the implementation of the certification and settlement agreement.

The commitments are contained in a Revised Water Quality Certification issued by the Maryland Department of the Environment and a companion settlement agreement.

An initial certification was issued in 2018, but legal challenges led to a 2019 waiver of that certification and settlement, requiring the dam owner to invest in improvements valued at $230 million. The terms were dependent on the facility’s receipt of a 50-year federal license, but an appeals court vacated that license in 2022.

To reach the agreement, the  reconsideration process included a public comment period and more than a year of mediation involving the state, Constellation, Lower Susquehanna Riverkeeper Association and Waterkeepers Chesapeake. A Revised Water Quality Certification will be filed with the federal government for the dam’s license to be renewed.

“The Susquehanna watershed is home to one of the largest concentrations of clean energy generation in America, and Constellation is proud to build on that nearly century-old legacy, investing heavily in clean generation, protecting water quality and powering Maryland’s economy,” said Constellation  and CEO Joe Dominguez. “But it’s not just the scale of the investments we are making that makes us proud, it’s how we are investing. Some utility monopolies are claiming they can lower your electricity costs by building new generation, but they want you to guarantee their profits. That’s just not fair, especially now, when many families are already struggling to pay higher electricity bills. In the last decade, Constellation has invested more than $1 billion in Maryland clean energy projects, from wind and hydro to state-of-the-art nuclear energy, and we will never ask Maryland families to bear business risks that we won’t.”

“This deal ensures we balance the importance of generating renewable energy while protecting water quality standards and the broader ecosystem,” said Maryland Department of Natural Resources Secretary and Chesapeake Bay Program Principals’ Staff Committee Chair Josh Kurtz. “The settlement will allow us to apply the innovative strategies we developed restoring oysters in Chesapeake Bay tributaries to bring back water-filtering mussels in the Susquehanna River basin and other freshwater rivers in Maryland. Thank you to everyone who helped us reach this agreement.”