Tobacco Twp. seeking injunction against Boyce Hydro

As Boyce Hydro faces orders from the Federal Energy Regulatory Commission (FERC) to comply with dam repairs in order to meet safety standards, Tobacco Township has filed a complaint in Gladwin County’s 55th Circuit Court to try to keep the company from starting those repairs without first guaranteeing that they have the funds to complete them. 

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In their Complaint for Declaratory Relief, Tobacco Township cites in General Allegations the repairs that Boyce Hydro made at Sanford Lake in the summer of 2010, pointing to the fact that the company lowered the lake levels, and that “…during the initial repair process, FERC identified further repairs that were necessary to complete before returning the lake to normal water levels.”It is further contended that the company, which owns dams on Sanford Lake, Wixom Lake, Secord Lake, and Smallwood Lake, did not have the money to complete said repairs, and that “Sanford Lake property owners were forced to come up with the funds for the repairs.” The Complaint goes on to contend that the repairs to the Edenville Dam, set to take place beginning with the first phase in October 2013, and continuing with the second phase in 2014, may leave water levels – and lakefront property values – low, should Boyce Hydro be unable to complete repairs due to funding. In the complaint, it is stated that, “Upon information and belief, the estimated total cost for the Dam Project is at least eight million dollars ($8,000,000).” It states further that, “Upon information and belief, Defendant does not have the requisite funds to finance the Dam Project.” It is for that reason, according to Supervisor Bill Clark, that Tobacco Township is asking the court for an Injunctive Order prohibiting Boyce Hydro from “commencing work on the Dam Project on Wixom Lake until [they have] posted a bond to cover the projected construction costs.” Clark indicated that by seeking the Injunction, they are ensuring that lakefront property owners will not be left in the same predicament as those at Sanford Lake in 2010. “We don’t want that water drawn down until we have confirmation that the money is there to complete the repairs,” Clark said. Boyce Hydro has 28 days to respond in writing to this complaint, which was filed earlier this month.