Alcoa responds to FERC ruling

Today, the Federal Energy Regulatory Commission (FERC) determined that the State of North Carolina acted within the one year timeline to issue a required water quality certificate for the Yadkin Hydroelectric Project. Alcoa Power Generating Inc. (APGI) had argued that the State waived its rights by failing to issue an effective certificate within one year.

FERC continues to have the ability to issue a new long-term license based on the water quality certificate that was issued by the NC Division of Water Quality on May 8, 2009.

Responding to misinformation from the Yadkin Riverkeeper

The Yadkin Riverkeeper issued a press release Friday containing false and misleading information about APGI’s efforts to clean up a small area near the Narrows Dam in Montgomery County.

To set the record straight:

APGI is performing work to remediate about a 1/4 acre site where two discarded capacitors were discovered and removed in 2002. As a precaution, APGI is removing a small, isolated amount of sediment from behind the Narrows powerhouse. All work is being done with the knowledge and approval of the N.C. Department of Environment and Natural Resources.

The Yadkin Riverkeeper’s allegation that this work involves PCB contaminants associated with Alcoa’s Badin Works that are traveling downstream from Badin Lake is patently untrue. This work is related to capacitors that were previously removed and represents the final step in the remediation process. The sediment being removed is isolated from Badin Lake.

The improvements being made to the Falls Boat Access Area is separate from the cleanup effort and is solely to enhance public recreational access.

The misinformation being spread by the Yadkin Riverkeeper represents an irresponsible pattern of behavior we have witnessed all too many times recently.

Why Perdue's proposed Yadkin River takeover is so flawed

The Charlotte Observer published an opinion piece today from Rick Bowen, president of Alcoa's energy operations, about Gov. Perdue's attempted government takeover of the Yadkin Project.

Why Perdue's proposed Yadkin River takeover is so flawed

From Rick Bowen, president of Alcoa Energy

When Gov. Bev Perdue decided to pursue an unprecedented government takeover of Alcoa Power Generating Inc.'s hydropower operations along the Yadkin River, she ignored the recommendations of experts in her own state agency, disregarded the actions of the N.C. General Assembly and refused to listen to the citizens who will be most impacted by a takeover.

Instead, she asked the Federal Energy Regulatory Commission to toss aside its own rules and regulations and recommend a government takeover of the Yadkin Project.

Nothing like that has ever been done before... at least not in America.

Gov. Perdue's quest to take our private property stands in stark contrast to the actions of the General Assembly, which rejected takeover legislation this year, and the N.C. Department of Environment and Natural Resources, which studied our operations and in 2007 signed the Relicensing Settlement Agreement supporting a new license for the Yadkin Project.

From the beginning, Gov. Perdue has turned a deaf ear toward the citizens most involved in this process, including homeowners, recreational users, business groups, environmental groups and others who spent years negotiating a relicensing settlement agreement with APGI that offers substantial benefits to North Carolina.

She has dismissed the recommendation of FERC staff that our license should be renewed.

And she ignored the concerns of interested citizens, including grassroots groups such as the N.C. Property Rights Coalition, who have expressed concern that this takeover will set a dangerous precedent that could impact private citizens and small business owners. You have to believe it will affect the way other business owners look at North Carolina, too.

I wish I could ask Gov. Perdue why she is so intent on taking our business. But she has refused to meet with me and others from Alcoa.

So I can't ask her why she conveniently omitted or distorted our history of environmental stewardship and community support. I can't explain that her actions reflect a clear misinterpretation of the Federal Power Act. And I can't point out the glaring errors in her filing.

For example, Gov. Perdue's projections estimate $2.8 million a year for operating and maintenance expenses - but fail to take into account any expenses associated with project land management, depreciation, other contracted costs, power substation and transmission, and general administrative expenses. Those expenses add an additional $11 million a year to the operating costs, meaning Gov. Perdue has underestimated operating expenses by almost 400 percent.

She also estimates it will cost $24.1 million to acquire the Yadkin Project. Even if a government takeover were possible, the price must reflect the updated cost of Alcoa's net investment ($91 million), plus severance damages that could add hundreds of millions of dollars to the cost.

Gov. Perdue argues that North Carolina must "secure a greater degree of control over the water supplies within its own borders." If so, then shouldn't the same rules apply to all rivers in North Carolina and all private hydro operators?

But this battle isn't about protecting the North Carolina's water supplies; it's about taking government control of a private business.

Alcoa responds to NC Governor’s attempts to take the Yadkin Project

I wanted to share with you a press release we issued this morning about our response to Gov. Perdue's Sept. 18 filing with FERC. We filed a formal response yesterday, which you can access here.

Alcoa responds to NC Governor’s attempts to take the Yadkin Project

Company criticizes NC Gov. Bev Perdue’s attempt to circumvent federal law and take its private property

BADIN, NC (October 6, 2009) – Alcoa Power Generating Inc. (APGI), a subsidiary of Alcoa Inc., responded to an unprecedented effort by N.C. Gov. Bev Perdue to seize control of its privately-owned hydropower business along the Yadkin River by filing a formal response with the Federal Energy Regulatory Commission (FERC) on Monday. In a September 18 filing, Gov. Perdue asked FERC to ignore its long-standing rules and regulations, disregard the findings of the state’s own environmental agencies and deny APGI a new federal license to continue generating clean, renewable energy.

“Gov. Perdue is asking FERC to ignore federal law and allow the state to take over a private business that has been a part of the North Carolina business community since 1915. It’s something that has never been done before and with good reason,” said Rick Bowen, president of Alcoa’s energy operations. “We hope that FERC will uphold the intent of the Federal Power Act and promptly reject Gov. Perdue’s effort to circumvent the law and take our property.”

In its response, Alcoa criticizes Gov. Perdue’s zealous pursuit of the company’s business and property. It provides details that show her September 18 filing is fraught with inaccuracies and reflects a clear misinterpretation of the Federal Power Act.

In addition, Gov. Perdue’s actions show a complete disregard for FERC’s rules and regulations. Her request for a government takeover comes three years after deadlines specified in the Federal Power Act and flies in the face of FERC’s April 2009 ruling that, as a late intervener, Gov. Perdue must accept the existing relicensing record.

A complete copy of Alcoa’s response is available on the FERC web site at: http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20091005-5146

Gov. Perdue’s Takeover Effort Raises Questions

To make her case, Gov. Perdue has conveniently omitted or purposefully distorted Alcoa’s history of responsible environmental stewardship and community support.

“It is disappointing that Gov. Perdue would make such accusations without the supporting facts of the state agencies,” Bowen said. “I wish Gov. Perdue would have given us the courtesy of a meeting with her so we could have addressed some of these issues when she first took office. She has yet to accept a meeting with our representatives.”

The most glaring inaccuracies in Gov. Perdue’s filing involve the misrepresentation of Alcoa’s environmental record and flawed financial projections that grossly underestimate how much it would cost the State of North Carolina to acquire and operate the Yadkin Project.

Environmental Issues: Alcoa and APGI follow all environmental regulations in North Carolina. If Gov. Perdue believes the company has failed to meet any of its environmental responsibilities or delayed taking any necessary action, she already has full regulatory authority over its waste sites.

While Gov. Perdue claims that “pollutants from former industrial operations at the Badin Works site remain a threat to human health and environment,” the N.C. Department of Environment and Natural Resources (DENR) has stated on the record that the sites do not pose a threat to public health or the environment. The company is committed to continue testing and monitoring these sites and is legally bound to make sure they don’t create any environmental concerns in the future.

Financial Projections: Gov. Perdue’s financial projections include glaring errors and omissions. She has projected $2.8 million a year for operating and maintenance expenses but failed to take into account expenses associated with project land management, depreciation, other contracted costs, power substation and transmission, and general administrative expenses. Those expenses – which add an additional $11 million a year to the operating costs – demonstrate that Gov. Perdue has underestimated operating expenses by almost 400%.

In addition, the financial projections reflect a price of $24.1 million to acquire the Yadkin Project. Even if a government takeover were possible, the price would include the updated cost of Alcoa’s net investment ($91 million), plus severance damages. Alcoa believes severance damages alone could be hundreds of millions of dollars.

Gov. Perdue’s relentless attacks on Alcoa stand in stark contrast to the actions of the N.C. General Assembly and her own N.C. Department of Environment and Natural Resources, and show a disregard for the 23 organizations who negotiated a relicensing settlement agreement with Alcoa that offers substantial benefits to North Carolina.

Consider:

• A bipartisan group of legislators in the N.C. House voted in overwhelming numbers (66-39) to defeat takeover legislation supported by Gov. Perdue. (August 2009 vote on SB 967)

• The N.C. Department of Environment and Natural Resources has closely studied every aspect of Alcoa’s operations – including water quality, water resources and waste management issues – and support granting a new license for APGI. The Division of Water Quality issued APGI a required water quality certificate in May that clears the way for FERC to issue a new license, and the Division of Waste Management has said that waste sites on Alcoa’s other industrial property do not pose a health risk.

• A collection of 23 organizations – representing state and federal agencies, local homeowners, recreational users and business organizations, environmental interest groups and other stakeholders – negotiated and signed a relicensing settlement agreement that supports a new license for Alcoa.

• Grassroots organizations such as the N.C. Property Rights Coalition have expressed strong opposition to Gov. Perdue’s attempts to take Alcoa’s private property, raising concern that private citizens and small business owners may be subject to the same type of government takeover.

• 82% of North Carolina voters oppose the state taking over a privately-owned business (Public opinion poll of 600 likely voters conducted in May 2009 by McLaughlin & Associates)

Despite these factors, Gov. Perdue and Commerce Secretary Keith Crisco continue to relentlessly pursue a takeover of Alcoa’s hydropower business. In fact, Gov. Perdue has even supported a lawsuit against her own Department of Environment and Natural Resources over the issuing of the water quality certificate for the Yadkin Project.

Alcoa believes FERC, the federal agency that regulates all hydropower projects in the United States, should dismiss Gov. Perdue’s motion and issue the company a new long-term license for the Yadkin Project. FERC staff has already recommended a new license for Alcoa, and the agency has all of the information it needs to make a final decision regarding a new license.

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