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Rep. Glenn calls on Whitmer to appoint independent investigator for dam failures
RELEASE|May 28, 2020

Rep. Annette Glenn, R-Midland, today called on Gov. Gretchen Whitmer to reverse course and secure an independent investigation into the failure of the Edenville and Sanford dams, which resulted in severe flooding and devastating damage in Midland and surrounding counties.

In 2018, the Federal Energy Regulatory Commission (FERC) pulled the operator’s license for the Edenville Dam, owned by Boyce Hydro, after the company failed to comply with regulatory requests to upgrade the dam’s spillways and reduce the risk of failure. Oversight of the dam was then turned over to the state, which approved its continued operation but sued the operator for threatening freshwater clams by lowering water levels behind the dam.

“Was protecting mollusks more important than protecting the people of Midland?” Glenn asked. “And snails more important than the people of Sanford? That’s a question only an independent investigator can be trusted to investigate and answer.”

Whitmer – during a news conference Wednesday in Sanford, just west of Midland – announced to skepticism by reporters that she has directed one of her own executive branch agencies – the state Department of Environment, Great Lakes, and Energy – to conduct an investigation.

When asked by a reporter why she hadn’t appointed an independent investigator, Whitmer said she understood the point of the question, acknowledged the “usual wisdom” in having an independent investigator, but said the investigation has to be done by an entity with technical expertise, and “there are very few that have the technical expertise that’s really needed to be able to properly do this investigation.”

Glenn, who serves as vice chair of the House Appropriations subcommittee that sets the Department of Environment, Great Lakes, and Energy’s budget, said she believes the governor, upon further reflection, will agree that “flood victims deserve a third-party, independent investigation to ensure a fair and just conclusion for the thousands of families who’ve been devastated.”

“We didn’t trust the state Department of Environmental Quality to investigate its own mishandling of the Flint water crisis,” Glenn said, “and after being in a lot of wet, mud-filled basements this week, I know it doesn’t feel quite right to ask one of our own executive branch agencies to investigate whether the state shares any culpability for these devastating failures. This situation clearly warrants an independent investigation.”

Glenn said there are other regulatory bodies or individuals with the necessary technical expertise to conduct an investigation.

She said the Army Corps of Engineers and multiple other federal agencies could be asked to investigate, or energy regulatory bodies in other states, or a bipartisan or non-partisan panel of former energy and infrastructure regulators from Michigan or elsewhere – the key point being their independence. As an example, former Kent County Prosecutor William Forsyth and Wayne County Prosecutor Kym Worthy were third-party individuals who handled the Flint crisis.

“Imagine how flood victims would react if the owners of the dams announced they were directing their own staff to conduct an investigation,” Glenn said.

Rep. Glenn spent the last several days, including the Memorial Day weekend, working alongside “wonderful local volunteers who gave up barbecues and family time” and state Reps. Julie Alexander, Graham Filler, Phil Green, Andrea Schroeder, and Jeff Yaroch, who joined in her initiative to help clean up Midland, dubbed “Hero Helpers 98” since Glenn represents the 98th state House district, comprised of parts of Bay and Midland counties.

“Words cannot fully describe how horrendous this has been for families in our community,” Glenn said. “Thousands of our neighbors and friends who had to evacuate their homes and small businesses returned only to find unbelievable devastation. I’m confident we’ll get through these trying times and be stronger for what we have rebuilt together. But we must make sure those responsible are held accountable.”

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