Wednesday, November 26, 2008

Public Hearing on APGI’s 401 Application Rescheduled for January 15, 2009

The N.C. Division of Water Quality (DWQ) has rescheduled the public hearing regarding APGI’s application for a Section 401 water quality certificate. As I’ve mentioned before, APGI must receive a water quality certificate from the State of North Carolina before FERC can issue a new long-term license for the Yadkin Project.

The public hearing originally scheduled for December 16, 2008 will now be held on January 15, 2009 at 7 p.m. at the Stanly County Commissioners Meeting Room at 1000 North Street in Albemarle, NC 28001.

We requested the hearing be rescheduled to make sure that all interested parties were properly notified. Interested members of the public have the opportunity to attend and comment at the public hearing.

Update on ERC Activities

As you know, the N.C. General Assembly has asked the Environmental Review Commission (ERC) to study how a new long-term license for the Yadkin Project might affect the State of North Carolina.

Alcoa and Stanly County recently filed briefs with the ERC outlining our respective positions with regard to the issues the ERC has been asked to study. Those briefs were formally submitted during the ERC meeting on November 25, 2008. You can click here to view the filings.

The ERC must submit a written study report regarding the Yadkin Project relicensing to the N.C. General Assembly by February 1, 2009.

Friday, November 7, 2008

NC Division of Water Quality issues public notice re: water quality certificate

The N.C. Division of Water Quality (DWQ) has issued a public notice regarding APGI’s application for a Section 401 water quality certificate. As I’ve mentioned before, APGI must receive a water quality certificate from the State of North Carolina before FERC can issue a new long-term license for the Yadkin Project.

At our request, DWQ has scheduled a public hearing regarding our application. The hearing is slated for Tuesday, December 16 in Albemarle, NC. We requested this hearing to ensure that all interested parties have an opportunity to comment on the water quality application.

As part of the application process, APGI recently tested the water quality below the Narrows (Badin Lake) dam. The sampling showed that the discharges meet state standards for water quality. You can read more about the discharge sampling in an earlier blog entry.

The Relicensing Settlement Agreement for the Yadkin Project includes several measures designed to protect and improve the water quality in the Yadkin River, including the installation of state-of-the-art aeration technology to increase dissolved oxygen levels and improve water quality as part of a $240 million upgrade.

In addition, APGI has agreed to modify the minimum low flow in the river, provide protection through vegetated buffers and conduct flow monitoring in the river.

Thursday, October 16, 2008

Sampling shows discharges meet N.C. water quality standards

Good news for those interested in the water quality of the Yadkin River:

Recent testing of the water quality below the Narrows (Badin Lake) dam shows that discharges meet state standards for water quality. This is an important milestone in APGI's effort to receive a required water quality certificate from the State of the North Carolina.

As part of the application process, the N.C. Division of Water Quality (DWQ) asked APGI to collect discharge samples from the Narrows Reservoir. The discharge sampling was conducted on August 13, 2008 in accordance with the “Sampling Plan for Priority Pollutants in the Narrows Tailrace” that was approved by DWQ in a letter dated July 31, 2008.

Samples were analyzed for more than 100 different parameters, including metals and organics, and the results found that all parameters were below North Carolina state standards or, where standards do not exist, below the method detection limit. These results demonstrate that the operation of the Narrows development does not result in the discharge of any of these constituents in excess of state standards.

I should note that the discharge samples were collected by ENSR, a widely respected global environmental firm, at a water quality monitoring station approved by DWQ. The sampling was done in accordance with the study plan and the laboratory analysis was conducted by Columbia Analytical and Prism Laboratories, both North Carolina certified laboratories, following standard EPA methods.

We have now provided all of the information necessary for DWQ to evaluate our application for a new water quality certificate.

Monday, October 13, 2008

The Virtues of the Low Inflow Protocol

It troubles me when folks spread information that is flat out wrong — and it seems to happen more often than not when our opponents talk about the relicensing of the Yadkin Project. I’m not sure if it is an intentional ploy to misrepresent the facts, or simply a lack of understanding, but I want to set the record straight regarding one aspect of our relicensing agreement.

MMI Marketing, the PR firm that's been hired to push Stanly County's agenda, sent out a news release last week attacking the comprehensive drought management plan (known as the Low Inflow Protocol) that is part of the relicensing agreement. The drought management plan has been widely praised by homeowners, recreational users and state agencies as an important tool to help protect lake water levels, supplies and flows in the Yadkin River.

Yet MMI says the plan “poses a significant challenge” and cannot be modified in response to changing conditions. That’s simply not true.

For starters, the Low Inflow Protocol already addresses changing drought conditions. It requires APGI to adopt increasingly stringent measures as drought conditions worsen, ensuring that appropriate steps are taken to protect the water supply and keep more water in the reservoirs. Even during the earliest stages of drought, APGI is required to work with the state to reduce power generation and send less water downstream.

Another important point: The Low Inflow Protocol will be automatically reviewed every five years and can be modified if necessary. Nothing related to the Low Inflow Protocol is set in stone for 50 years — and to claim otherwise is simply untrue.

The Low Inflow Protocol for the Yadkin Project was carefully crafted with the assistance of the state's leading experts in water management and other stakeholders who depend on the water in the Yadkin River. As a result of this plan, North Carolina’s water supply will be better protected during drought conditions.

Friday, October 10, 2008

Radio segment focuses on takeover issues

The local radio station in Albemarle (WSPC 1010 AM) aired a segment yesterday that I recently recorded about the relicensing of the Yadkin Project. The broadcast focuses on Stanly County’s desire to take control of our hydro business and explains why that is no longer a valid option. Click here to listen to the broadcast.

While a federal takeover clause does exist, the Federal Power Act is very explicit about how the process works. And the simple fact of the matter is that the deadline to pursue a federal takeover expired more than two years ago.

The Federal Power Act says a recommendation to take over a hydroelectric project must be provided at least two years before a license expires. The 50-year license for the Yadkin Project expired on April 30, 2008, which would have required a federal agency to issue a takeover notice by April 30, 2006. That never happened.

Government regulations also say that any such recommendation must be made before the end of the comment period for a license application. In the case of the Yadkin Project, the comment period ended on June 25, 2006…again, more than two years ago.

The bottom line is that no federal agency has ever expressed any interest in taking over the Yadkin Project (or any other private hydroelectric project in the nation) and the deadline to pursue such a takeover has long since passed. Any further discussion of a takeover is a waste of time and money.

Thursday, October 9, 2008

Update on Today's ERC Meeting

The N.C. Environmental Review Commission (ERC) met today in Raleigh. This group of legislators has been asked to study how a new long-term license for the Yadkin Project might affect the State of North Carolina.

The Yadkin Study Bill was discussed by George Givens, the counsel for the ERC. He indicated this issue would be addressed by a working group led by Givens. Legislators and others commonly refer to this process as a “605” process, named after the legislative room where discussions typically take place.

As part of our effort to educate the ERC about the relicensing process, Givens and members of his staff toured the Yadkin Project earlier this month with representatives from APGI and Stanly County.

We will keep you posted on future developments related to the Yadkin Study Bill. The next ERC meeting is scheduled for November 25, 2008 in Raleigh.

Wednesday, October 8, 2008

Introducing the Yadkin Project Relicensing Blog

Welcome to our new blog about the Yadkin Project Relicensing. This forum is another way for you to stay informed about the federal relicensing of the hydroelectric project owned and operated by Alcoa Power Generating Inc. (APGI) along the Yadkin River in central North Carolina.

There is plenty of background information available at www.alcoa.com/yadkin but here is a quick summary. APGI began the relicensing process in 2002 and spent more than five years working with stakeholders to reach an agreement that would improve water quality, enhance recreation opportunities and assist those who depend on the Yadkin River for their water needs.

We reached a Relicensing Settlement Agreement with 22 other organizations, including state and federal agencies, local governments, homeowners and recreational users, business organizations, environmental interest groups and many others. That agreement was submitted to the Federal Energy Regulatory Commission (FERC) in May 2007. In April 2008, FERC staff released a Final Environmental Impact Statement recommending a new long-term license for APGI.

FERC issued a temporary, one-year license to APGI in April 2008 while it waits for the State of North Carolina to issue a required water quality certificate for the Yadkin Project. The water quality certificate was issued by the N.C. Division of Water Quality in November 2007, then revoked in April 2008 when it was discovered that the State had failed to publish a required legal notice.

At the request of Stanly County, the N.C. General Assembly has asked the Environmental Review Commission (ERC) to study how a new long-term license for the Yadkin Project might impact the State of North Carolina. The ERC is slated to begin meeting later this week and we will let you know what happens.

I hope you find this blog informative and encourage you to provide feedback, submit comments or post your own blog entry (ask me about this if you are interested). We will post information as frequently, or infrequently, as the circumstances dictate. Enjoy!