Alcoa asks FERC to reconsider ruling on state water quality permit

Alcoa Power Generating Inc. (APGI) has asked the Federal Energy Regulatory Commission (FERC) to reconsider its October 15^th order finding that the State of North Carolina acted within the required timeframe when it issued a water quality certificate for the Yadkin Project.

In a legal filing on November 13, APGI argues that FERC erred by determining that a state can withhold the effectiveness of a water quality certificate beyond the statutory one-year deadline. In this case, the water quality certificate issued for the Yadkin Project on May 7, 2009 was not effective within the one-year timeframe specified by law, as expressly stated in the certificate, and required additional action before becoming effective.

APGI emphasized that it is not challenging or objecting to the conditions in the water quality certificate that closely mirror the environmental provisions in the Relicensing Settlement Agreement.

“We remain committed to improving water quality in the Yadkin River and stand behind the significant environmental protections that are included in the Relicensing Settlement Agreement,” said Gene Ellis. “We have asked FERC to reconsider its October 15^th order because it was unsupported by legal conclusions and inconsistent with the Clean Water Act and FERC’s own regulations.”