“It’s a great step forward”, breath, cautious, François-Gaël Juret. The director of the Sallanches Gas Electricity Board does not hide his relief. For the first time since it became operational, the hydroelectric power station will capture water from the eponymous river, the Sallanche, to turn its turbine and supply electricity to the first Sallanchard homes. And this, despite the opposition of environmental activists.
Seized by the Régie in an emergency procedure, the Lyon Court of Appeal suspended the execution of a judgment of the administrative court of Grenoble which ordered the destruction of the structure. It is “wrongly that […] the first judges canceled the prefectural decree” allowing the hydroelectric exploitation of the river, advances the order of the judge.
This ten-year-old project – various technical studies and construction included – whose launch was to take place in December 2022 had been thwarted by two appeals from France nature environment (FNE). The first, in summary proceedings, examined in 2020, had been rejected by the judges. It was at the end of this first decision that the Régie launched the work, considering itself confirmed. However, after examining the second appeal on the merits, the administrative court of Grenoble ruled in favor of FNE.
Questioned last March by Le Figaro on its motivations, the association criticized in particular the work, which captures part of the watercourse to operate its turbine, of representing “an obstacle to the ecological continuity” of the river, classified as a biological reservoir. FNE recalled wanting to “preserve these biological reservoirs from any infrastructure” and considered that the impact study “was not sufficient to demonstrate the absence of negative consequences for the environment”. At first instance, the judges had therefore considered that the structure constituted an obstacle to ecological continuity, because the “reserved flow”, that is to say the flow of water which is not diverted to operate the power station, and which continues to flow in the river, was insufficient. Consequently, they canceled the prefectural decree allowing the Régie to turbine the Sallanche, and even ordered the “restoration of the site”, that is to say the destruction of the hydroelectric installations.
To respond as well as possible to this central argument of the debates, the Régie had expanded its file, scholarly calculations by a legal expert in support. The Administrative Court of Appeal of Lyon seems to have been sensitive to this argument. For her, “in the state of the investigation, it does not appear that the disputed work […] could be regarded as an obstacle to ecological continuity”. The Court of Appeal also underlines the “numerous prescriptions and compensatory measures”, as well as a “precisely defined” hydrological follow-up, to justify its decision. The president of the 3rd chamber also rejected all of the pleas raised by FNE, considering that they “did not seem likely to lead to the cancellation of this decree”.
Although he knows this provisional judgment, François-Gaël Juret is optimistic. The engineer notes in particular that the judge focused on the merits of this case and the elements provided by each party to justify his decision. He hopes for it as the beginnings of a judgment on appeal on the favorable merits, “end of 2023 or beginning of 2024”. In the meantime, the Régie was able to restart the technical checks prior to the start-up of the hydroelectric power station. “Sallanchard homes will be able to benefit from clean electricity from next weekend,” he says.
