Update on 401 Hearing

The hearing regarding the 401 Water Quality Certificate is currently in recess and will resume in Raleigh on Monday, November 15. The hearing is expected to conclude in February 2011.

Since the hearing began on September 27, Administrative Law Judge Joe Webster has heard three weeks of testimony regarding the NC Department of Environment and Natural Resources' May 2009 decision to issue a water quality certificate for the Yadkin Project.  

Alcoa responds to FERC ruling

On Thursday, the Federal Energy Regulatory Commission (FERC) denied a request by Alcoa Power Generating Inc. (APGI) to reconsider its October 15, 2009 order finding that the State of North Carolina acted within the required timeframe when it issued a water quality certificate for the Yadkin Project. The company had argued that the State failed to issue an effective certificate within one year.

APGI remains committed to improving water quality in the Yadkin River and stands firmly behind the environmental protections in the Relicensing Settlement Agreement.

While the company is disappointed in FERC’s decision to deny APGI’s rehearing request, it remains confident that it will receive a new license for the Yadkin Project as FERC staff has previously recommended.

Water Resources Committee Cancels Meeting for Next Week

The N.C. House Water Resources Committee has cancelled plans to hold another committee meeting next week regarding Senate Bill 967, the government takeover bill sponsored by Sen. Fletcher Hartsell.

The meeting, originally scheduled for Tuesday, July 21, was to provide members of the public an opportunity to share their views on the proposed government takeover of Alcoa’s Yadkin Hydroelectric Project.

I will let you know when and if the meeting is rescheduled.

Alcoa responds to Gov. Perdue’s request to intervene in the federal relicensing of the Yadkin Project

Alcoa Power Generating Inc. issued the following statement in response to a motion filed by N.C. Gov. Bev Perdue today to intervene in the federal relicensing of the Yadkin Hydroelectric Project in central North Carolina: 

The State of North Carolina took an unprecedented step today by pursuing the takeover of a privately-owned business that has roots in North Carolina dating back to 1915.  It’s a move that could ultimately cost North Carolina taxpayers more than $500 million.

Alcoa does business in 34 countries around the world and it’s extremely rare to be faced with a situation where a state government wants to seize one of our businesses and operate it for its own benefit.  Every other business owner in North Carolina should be concerned about the dangerous precedent this action sets.  

Gov. Perdue’s motion to intervene in the federal relicensing of the Yadkin Hydroelectric Project comes more than six years after the federal relicensing process began.  Throughout this process, agencies representing the State of North Carolina have been actively involved and the State’s interests have been well protected.    

Alcoa has invested heavily in the Yadkin Project and will fight to ensure that it receives full value for its property if the State of North Carolina moves forward with this ill-conceived policy.

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