New Energy Capital FERC Motion Rejected

The Federal Energy Regulatory Commission (FERC) has denied the request by New Energy Capital Partners to intervene into the relicensing of the Yadkin Project. 

The FERC order, filed on May 30, 2013, states that: "New Energy has not demonstrated good cause for late intervention. The events identified by New Energy are not sufficient to show good cause why the deadline should be waived, particularly where, as here, the motion is filed six years after the deadline.”

"New Energy has failed to meet the good cause standard for granting late interventions, and therefore, its motion for late intervention is denied."

You can read the entire FERC order online at: http://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=13268860

Click here to read the Charlotte Observer story, "Feds deny late entry into Alcoa hydro relicensing."

National Freedom of Information Day and the Public Records Lawsuit Against Stanly County

Today is National Freedom of Information Day, an annual event designed to highlight the importance of open government and educate the public about the dangers of excessive and unnecessary government secrecy.

As you know, government records at every level are public documents and the Freedom of Information Act allows citizens to request and receive public records in a timely manner.  The system usually works pretty well, butapparently not in Stanly County.

Nearly a year ago, Alcoa Power Generating Inc. filed a public records request in Stanly County, seeking information about the county’s opposition to a new license for the Yadkin Hydroelectric Project.  You may have heard that Stanly County has spent nearly $1 million in taxpayer money on Raleigh lobbyists, lawyers and PR firms to oppose a new license.  We wanted to learn more about the motivation behind Stanly County’s opposition and its excessive spending of taxpayer money.

Despite the clear nature of the public records law, Stanly County ignored our initial request for public documents.  A follow-up request yielded a handful of documents, but after more than 11 months it became clear that Stanly County had no intention of turning over public records as required by law.  That’s why we filed a lawsuit against the county last Friday.  You can read about the lawsuit in The Charlotte Observer or The Salisbury Post.   

We look forward to finally learning more about why county officials have spent nearly $1 million in taxpayer money to attack the county’s long-standing business and single largest taxpayer.  We will let you know what we learn when and if Stanly County complies with the law.

Click here to learn more about Sunshine Week, a national initiative sponsored by the American Society of Newspaper Editors to promote the importance of open government and freedom of information.

If Stanly County gets what it wants....

In an article published by The Charlotte Observer, Stanly County Manager Andy Lucas says if Stanly County gets what it wants, its expenses will be repaid “many times over.” Lucas is referring to the nearly $1 million in taxpayer money that Stanly County has already spent on lawyers and PR firms to fight the relicensing of the Yadkin Project.

The truth is, if the county gets what it wants, North Carolina taxpayers will have to spend a whole lot more to seize Alcoa's property by condemnation. That would likely cost hundreds of millions of dollars, including $240 million in upgrades to power generation units and technology to improve water quality.

If the county gets what it wants, residents along Badin Lake and High Rock Lake will have to wait even longer to realize the many positive changes a new license will bring, including a new public swim area in Rowan County, new fishing piers and camp sites, land for a waterfront park along Badin Lake, and more flexibility for those building new piers on the lake.

If the county get what it wants, it claims water supplies will be better protected. But if the city of Albemarle, the county seat of Stanly County and the single largest municipal withdrawer, trusts Alcoa enough to support a new license, doesn't that speak volumes?

If the county gets what it wants, Stanly County will quickly earn a reputation as one of the least "business friendly" communities in North Carolina and beyond.

Do we really want Stanly County to get what it wants?

Mayor says greed spurs Alcoa fight

The Charlotte Observer published an article today that highlights arguments made by Mayor Whit Whitley of Albemarle in a letter to N.C. Gov. Beverly Perdue regarding the Yadkin Project relicensing. Reporter Bruce Henderson reports that Mayor Whitley is disturbed that Stanly County Commissioners have spent nearly $1 million of taxpayer money on lawyers and PR firms to fight Alcoa, claiming they are “motivated by greed.”

You can view the entire article below:

The Charlotte Observer, March 4, 2009

Mayor says greed spurs Alcoa fight

By Bruce Henderson

The nearly $1 million Stanly County has spent to fight renewal of Alcoa's Yadkin River hydroelectric license is "motivated by greed," says the mayor of the county seat, Albemarle.

The county is aggressively lobbying to reclaim the federal license, which Alcoa has held for more than 50 years, and place it in public hands. Alcoa's aluminum works, once Stanly's largest employer, has closed and its hydro power is sold on the open market.

This week Albemarle Mayor Elbert Whitley Jr. wrote Gov. Bev Perdue, who has expressed personal misgivings about renewing Alcoa's license, to defend the company.

Whitley questioned the county's spending $965,000 over three years on lawyers and public relations experts to make its case.

“Why is this issue even on the table?” Whitley wrote. “The only true consideration is greed, and I am appalled that the state of North Carolina is buying into this type of thinking.”

Whitley, a Democrat, charged in an interview that the Republican-majority county commissioners want Alcoa's millions of dollars in hydro revenue and thousands of acres it owns around the four Yadkin reservoirs.

If the commissioners win, he predicted, new industries that use natural resources will be afraid to locate in Stanly.

County manager Andy Lucas suspects Whitley also has a financial motive.

Alcoa's proposed license terms allow Albemarle to draw up to 11 million gallons of water a day from the company's reservoirs without charge.

“They've been given a financial incentive to go along with Alcoa on this,” he said.

“We believe we need to protect the water and that's why we've spent nearly $1 million on this. We think it's an investment in our future to protect that resource and keep jobs in this region.”

Stanly is paying law firms in Raleigh and Washington, D.C., as well as a Raleigh public relations firm to make its case. Lucas said he doesn't know what future costs may total. The county has a $60 million annual budget.

If the county gets what it wants, Lucas said, its expenses will be repaid “many times over.”