20030180 Ver 7_More Info Received_20100528 (3)

P Due y®
Cmrolinas`
May 26, 2010
Mr. John Dorney
North Carolina Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
DERR • WEER OJAUTY Mailing Address:
Box 1006
%JTLY US AND STDRW':A?8ft lofte, NC 28201-1006
LICENSING AND LANE SERVICES
/? Du nergy Carolinas, LLC
'011AY 'Ad' v 2010 526 South Church St.
Charlotte, NC 28202
Re: Submittal of Section 401 Water Quality Certification Addendum No. 2
Franklin Hydroelectric Project, FERC No. 2603
DWQ #03-0180 Y I
Macon County, North Carolina
Dear Mr. Dorney:
On June 16, 2009, Duke Energy Carolinas, LLC (Duke) withdrew the previous Franklin Project
401 Water Quality Certification (401 WQC) Application and simultaneously submitted a new
401 WQC Application to the North Carolina Division of Water Quality (NCDWQ). The one-
year timeframe that the Federal Energy Regulatory Commission (FERC) allows states to process
401 WQC applications for relicensing of hydro projects expires on June 16, 2010 (i.e., one year
following the date that Duke's 401 WQC Application was stamped accepted by NCDWQ) for
the Franklin Project.
As you are aware, Duke has been engaged in consultation with the United States Fish & Wildlife
Service (USFWS), NCDWQ, North Carolina Division of Water Resources (NCDWR) and the
North Carolina Wildlife Resources Commission (NCWRC) to prepare a Lake Level and Flow
Management Plan, a Maintenance and Emergency Protocol and a Sediment Study Plan to help
further define how the hydro project could operate under a Subsequent License from the FERC.
This consultation has been productive and Duke is very grateful for the time commitment
provided by these agencies over the past several weeks.
Under separate cover today, Duke filed the Franklin Project Lake Level and Flow Management
Plan along with the Nantahala Area Run-of-River Projects Maintenance and Emergency Protocol
(as an Appendix to the Franklin Project Lake Level and Flow Management Plan) as Addendum
www.duke-energy.com
Mr. John Dorney
May 26, 2010
Page 2
No. 1 to its Franklin Project 401 WQC Application. The agency consultation noted above
appears to have resolved the issues relative to the documents provided in Addendum No. 1.
Unfortunately the agency consultation has not yet resolved some of the agencies' sediment
management concerns at the Franklin Project. Attached to this letter you will find Duke's
proposed Sediment Study Plan. Duke has incorporated many of the agency comments into this
Sediment Study Plan and we are hereby submitting the Plan as Addendum No. 2 to Duke's
Franklin Project 401 WQC Application.
The main points of remaining disagreement are (1) the degree, if any, that downstream aquatic
habitats are being negatively impacted by sedimentation caused by operation of the Franklin
Project, and (2) the scope of the role that the Franklin Project has or should have in addressing
any sediment impacts.
Staff at NCDWQ and the USFWS have indicated their belief that downstream habitats are being
negatively impacted by sediment releases from the Project and that Duke should undertake
major, reservoir-wide sediment removal at regular intervals in an attempt to substantially
increase the sediment trapping capability of the Project reservoir.
Duke believes that in addition to being prohibitively expensive, the need for a large-scale
dredging program has not been justified, the benefits to downstream aquatic communities are
speculative at best and the environmental impacts of such large scale dredging could easily
outweigh any measurable and lasting benefits to the river system. To Duke's knowledge, there
has not been any data presented thus far in the administrative record for this 401 WQC
proceeding that indicates flow releases from the Franklin Project are failing to meet applicable
state water quality standards. Duke also notes that its cost to remove approximately 58,000 cubic
yards of largely clean sand at the Dillsboro Project totaled approximately $1.3 Million in 2009
(even with zero sediment disposal costs). Considering the greater reservoir size and the
likelihood of substantial sediment disposal costs, Duke believes that large scale sediment
Mr. John Dorney
May 26, 2010
Page 3
removal at the Franklin Project over the life of the Subsequent License could cost tens of
millions of dollars.
Duke also offers the following excerpts from important documents produced by the FERC and
by NCDWQ as information for the record that directly supports Duke's contention that dredging,
beyond what is necessary in the forebay to maintain operability of the hydro units, is simply not
justified for the relicensing of the Franklin Project:
In the Environmental Assessment (issued in July 2006) the FERC states:
Duke, USGS, and NCDWQ have monitored the quality of water in the project area for
some time. NCDWQ and USGS continue to monitor ambient water quality at Iotla, North
Carolina, about 2.4 miles downstream of Franklin dam, and at the USGS gaging station
at Prentiss, North Carolina, about 4.5 miles upstream of Franklin dam. Monitoring
results show that, in general, water quality is good, water quality standards are met, and
there are no water quality problems. Turbidity levels exceeded the state standard in 4
out of 49 samples from the state database from Prentiss and in 3 of 49 samples from
Iotla; however, turbidity levels greater than 50 nephelometric turbidity units (NTUs) are
normal for periods of high flow. The monitoring agencies note that, over time, fecal
coliform concentrations have declined at the Iotla sampling site. (p. 47, FERC Final
Environmental Assessment, Nantahala West Projects, July 2006)
Further, the FERC's analysis of this issue states:
Turbidity in the river downstream of the dam would likely increase during drawdown and
sediment removal operations. The effects on water quality would likely be minimal because (1)
these maintenance operations occur infrequently (once every 7 to 8 years as estimated by Duke)
and for short duration (2 to 3 days), (2) both reservoirs {Franklin and Mission Project reservoirs)
are full of sediment and have no effective sediment trapping function, so high turbidity during
storm events is a normal occurrence in both rivers (as is the case in most unregulated rivers in
this part of North Carolina), and (3) the turbidity in the river during sediment removal is likely to
be similar to the turbidity that would occur naturally during several storm events over the 7- to 8-
year period.
Furthermore, sediment quality would not be a problem for these projects because (1) the
watersheds are largely undeveloped and have no known sources of major organic or
inorganic contaminants; (2) sediment quality data from the Dillsboro Project (which has
a more-developed watershed) does not show any chemical contamination of concern
(FWS, 2004); and (3) both reservoirs are full of sediment, so what is trapped behind the
dam is no different from what passes through the reservoir during every storm event. (p.
67, FERC Final Environmental Assessment, Nantahala West Projects, July 2006)
Mr. John Dorney
May 26, 2010
Page 4
FERC concurred with Duke's proposal to develop of a Long-Term Sediment Management Plan.
In addition: NCDWQ's 2007 Basinwide Water Quality Management Plan for the Little
Tennessee River makes the following statements:
The USGS conducted an analysis of sediment loads to Lake Emory from 2000-2001. The
study compared sediment loads from the Cullasaja River, Cartoogechaye Creek, and the
mainstem Little Tennessee River. This study noted that riparian agricultural activities
and increasing urbanization in the upper portion of the watershed in the towns of
Highlands and Franklin have increased the river's sediment load. The study also notes
the dam has trapped many of those sediments, protecting the downstream habitat in the
Needmore area... (Chapter 1, p. 25, Little Tennessee River Basinwide Water Quality
Plan, March 2007)
Downstream of Lake Emory, water quality and habitat improves significantly. TVA has
been monitoring this reach since 1998, rating it Good or Excellent each time. This
section of river is one of the healthiest major rivers in the southeast and supports a
complete biological community... (Chapter 1, p. 25, Little Tennessee River Basinwide
Water Quality Plan, March 2007)
2007 Recommendations
The heavy sediment in Lake Emory and increasing loads in the downstream reach
demonstrates the need for strong sediment and erosion control, wetland restoration, and
streambank stabilization throughout the entire watershed. Macon County has adopted a
Soil Erosion & Sedimentation Control Ordinance that helps reduce erosion problems
originating from certain new land disturbing activities. This ordinance must be
vigorously enforced. Erosion from agricultural operations can be reduced through use of
agricultural best management practices. There are a variety of funding sources that can
be used to make installation of these improvements more affordable to farm owners.
Chapter 9 describes many of these programs. The Macon County Soil and Water District
and local NRCS staff can assist farm owners with choosing appropriate BMPs and
identifying funding. Wetland restoration opportunities should be pursued as they arise.
(Chapter 1, p. 26, Little Tennessee River Basinwide Water Quality Plan, March 2007)
These statements by the FERC and NCDWQ do not mention dredging out the Franklin Project
reservoir as a solution to sedimentation issues in the river basin and in fact indicate that the river
downstream of the Franklin Project is in excellent condition.
Mr. John Dorney
May 26, 2010
Page 5
The Sediment Study Plan that Duke proposes is a precursor for any Long-Term Sediment
Management Plan. Duke believes that this study needs to be completed and the results
appropriately considered before a Long-Term Sediment Management Plan can be developed.
Duke continues to look for suitable solutions to address the sediment concerns raised by USFWS
and NCDWQ staff. However, we do not believe that going to the extreme expense of large-scale
sediment removal is warranted based on any existing study or data provided in the administrative
record upon which the NCDWQ must base its decision in this proceeding.
If there are any questions please call Steve Johnson at 704-382-4240.
Sincerely,
Steven D. Jester, Vice President
Hydro Strategy, Licensing and Lake Services
Duke Energy Carolinas, LLC
Attachment
cc: Mr. Kevin Barnett, Asheville NCDWQ Regional office
Mr. Jim Mead, NCDWR
Mr. Chris Goudreau, NCWRC
Mr. Mark Cantrell, USFWS-Asheville
Secretary, FERC
Steve Johnson, Duke
Jeff Lineberger, Duke
Phil Fragapane, Duke
Duke Energy Carolinas, LLC
Nantahala Area Run-of-River Projects
Sediment Study Plan
May 26, 2010
In order to address concerns related to potential sediment releases that may be caused by hydro project operation
and maintenance, Duke Energy Carolinas, LLC's (Duke) License Applications for the Nantahala Area Run-of-
River (ROR) Projects (Projects) (i.e., the Mission, Bryson and Franklin Projects) proposed the development of a
Long-Term Sediment Management Plan. The FERC concurred with this recommendation (i.e., Nantahala West
Project Final Environmental Assessment-July 12, 2006) and stated its expectation that Duke consult with the
appropriate resource agencies to develop a Long-Term Sediment Management Plan for the ROR Projects, as well
as specific Lake Level and Flow Management Plans (under a separate cover).
Purpose
The purpose of the Nantahala Area ROR Projects Sediment Study Plan is to provide a framework and guidelines
for appropriate management of sediment and monitoring of sediment releases associated with normal maintenance
and emergency activities. This study plan will provide the basis for a Long-Term Sediment Management Plan
that will be developed after completion of this Sediment Study in consultation with the resource agencies.
Objectives
The objectives of the Sediment Study Plan for the ROR Projects are as follows:
1. Describe sediment study procedures during the first normal sediment maintenance operation at one of
the Nantahala Area ROR Projects.
2. Provide information to allow the Licensee to develop a Long-Term Sediment Management Plan
Sediment Management
The proposed Sediment Study for the Nantahala Area ROR Projects (i.e., Mission, Bryson, and Franklin Projects)
is based upon a pragmatic approach incorporating general knowledge of sediment behavior but flexible enough to
incorporate existing or future knowledge of sediment transport and any subsequent impact to downstream aquatic
life including listed species and important or designated critical habitats. The basic approach for either limited
1
sediment removal operations or reservoir drawdown involves four steps, namely: (1) planning, (2) consultation,
(3) monitoring, and (4) documentation.
The first step in the development of a Long-Term Sediment Management Plan is to identify, through this initial
pilot study, the appropriate protocols and evaluation of acceptable boundaries of sediment loading due to limited
sediment removal (i.e., intake zone) and/or reservoir drawdown. After gathering this initial information, the
second step of this process is to incorporate this information into a Long-Term Sediment Management Plan which
will guide the planning, consultation, monitoring, and documentation of future sediment removal or drawdown
activities.
Sediment Removal Pilot Study
This study would be conducted on the first sediment removal operation at the Franklin, Bryson, or Mission
Projects following the submittal of this Sediment Study Plan to the North Carolina Division of Water Quality
(NCDWQ) as an addendum (Addendum No. 2) to Duke's Application for 401 Water Quality Certification (401
WQC) for each Nantahala Area ROR Project filed with NCDWQ in June, 2009. Since many aspects of the
geography, geology and river conditions are similar between the ROR Projects, the results of this pilot study may
provide the basis for future limited sediment removal activities for the other ROR Projects in the Nantahala Area.
Limited sediment removal in the immediate vicinity of the intake areas (i.e., forebay) of the powerhouses
typically involves removing accumulated debris and sediment from the reservoir via a mechanical bucket and
barge method. In the past, up to approximately 6,000 cubic yards of sediment have been removed at one time
from the individual ROR Project forebay areas. However, even though most of the material is removed, some
fine-grained sediments such as silts are re-suspended in the water column during the process and moved
downstream. Since the Licensee typically does not operate the generating units during sediment removal
operations, the re-suspended sediments would move downstream by spilling over the dam or, if necessary,
through the Tainter gates.
The process for the initial Sediment Removal Pilot Study will be as follows:
Establish Methodology and Assessment for Limited Sediment Removal Operation
1. Limited Sediment Removal
2
a. Operations would be planned during periods with Project inflows that are equaled or exceeded
25% to 50% of the time.
b. Operations would be conducted at drawdowns of approximately 3 feet below the Normal Target
Elevation and under the notification and consultation requirements as described in the Nantahala
Area ROR Projects Maintenance and Emergency Protocol (which is an Appendix to this
document and which has already been filed with NCDWQ as an Appendix to Addendum No. I
to Duke's 401 WQC Application. To avoid confusion, Duke is not including this Appendix
again in this filing of Addendum No. 2).
2. Forebay Assessment
a. Volume of Sediment Removed
i. Perform a depth survey in the immediate intake area prior to sediment removal and
estimate the total volume of material to be removed
ii. Utilize the same methodology to perform a depth survey in the immediate intake area
after sediment removal to estimate the total volume of material that was removed
b. Develop Protocol for Measurement of Sediment
i. Prior to sediment removal
1. Sample (i.e., gradation) the sediments to be removed and estimate the potential
for re-suspension
2. Establish relationship between turbidity (field estimate of suspended solids) to
wet weight and dry weight of sediment remaining in suspension
ii. During Limited Sediment Removal
1. Sample (i.e., gradation) the suspended sediments transported into the reservoir
during limited sediment removal
2. Sample (i.e., gradation) the suspended sediments transported from the reservoir
during limited sediment removal. Sediment removal will cease temporarily when
downstream turbidity is greater than 50 NTU above ambient. Sediment removal
will restart when downstream turbidity measurements are 25% or less above
ambient turbidity.
3. Establish relationship between turbidity (field estimate of suspended solids) to
wet weight and dry weight of sediment from sediment samples
iii. Develop Protocol for Measurement of Total Sediments Transported from Reservoir Due
to Sediment Removal
1. Measure (calculate) spill flow
3

2. Calculate total sediments transported into the reservoir (mass per day, mass total)
3. Calculate total sediments transported from the reservoir (mass per day, mass
total)
3. River Assessment
a. Establish monitoring stations at `sensitive' sites (sites either of biological interest including the
known listed species communities and critical habitats and/or those considered prone to
deposition such as shoals) in consultation with federal and state agencies
i. Sample water for suspended sediments (able to calculate mass per day, mass total)
ii. Pre and post sediment removal operations, sample substrate for deposition
b. Document deposition areas and particle size distribution through bedload sampling and
photography.
4. Report
a. Document the methods, results, conclusions and recommendations of the reservoir and river
assessment and provide to the pertinent agencies (i.e., Federal Energy Regulatory Commission
(FERC), United States Fish and Wildlife Service (USFWS), North Carolina Division of Water
Resources (NCDWR), North Carolina Division of Water Quality (NCDWQ), and North Carolina
Wildlife Resources Commission (NCWRC) for review).
b. The results, conclusions and recommendations will provide the bases for the future Long-Term
Sediment Management Plan.
Long-Term Sediment Management Plan Development
Based upon results of the Sediment Removal Pilot Study, Duke will prepare a Long-Term Sediment Management
Plan to guide future sediment removal operations at the Nantahala Area ROR Projects. The Long-Term Sediment
Management Plan will include a maintenance drawdown and refill protocol that minimizes flow fluctuations and
reservoir sediment mobilization by addressing rates of drawdown and refill (to coincide with precipitation events
and rising hydrograph) and scheduling drawdowns to coincide with season of least potential for harm to
downstream aquatic communities, whenever possible. In addition to the specific elements provided by the
Sediment Removal Pilot Study, the Long-Term Sediment Management Plan will also include several basic
elements, including the following:
1) Notification and Consultation
4
The proposed Long-Term Sediment Management Plan will be prepared in consultation with the pertinent
federal and state agencies (i.e., FERC, USFWS, NCDWR, NCDWQ, and NCWRC). Communication with
resource and regulatory agencies about maintenance and emergency operations at the ROR Projects is a
critical component of protecting the environmental resources downstream of these facilities. The Nantahala
Area ROR Projects Maintenance and Emergency Protocol (MEP) is included as the Appendix to this
document and covers the appropriate notifications and consultations required when a ROR Project reservoir
must be drawn down or sediment removal is required. The proposed Long-Term Sediment Management Plan
will also include the appropriate notifications and consultations.
2) Guidelines for Planned and Emergency Maintenance Operations
Following are the initial guidelines for conducting reservoir drawdowns or sediment removal operations:
a) As much as reasonably possible and except for emergency situations (see Appendix), the Licensee
will endeavor in good faith to conduct sediment releases only during periods of high flows, cold
temperatures, and low probability aquatic life spawning periods (e.g., spotfin chub spawning periods
from June through August).
b) Based on the Sediment Removal Pilot Study, site specific guidelines will be established for trashrack
maintenance, emergency drawdowns, Tainter gate operation, drawdown rates and refill, offsite
disposal, monitoring, and reporting during sediment removal operations.
3) Plan Adjustments
After five full calendar years of operations under the provisions of the Long-Term Sediment Management
Plan (i.e., after completion of the pilot study, and development and FERC approval of the final Long-Term
Sediment Management Plan), the Licensee will consult with the agencies to review the implementation of the
Plan and to determine if any Plan changes are needed and agreeable to all the pertinent federal and state
agencies and the Licensee. Any such meeting will be scheduled and held no later than October 31 of the
appropriate year.
5

APPENDIX
NANTAHALA AREA RUN-OF-RIVER PROJECTS MAINTENANCE AND EMERGENCY PROTOCOL (MEP)
Introduction
Under some emergency, equipment failure, maintenance or other abnormal situations, certain license
conditions may be impractical or even impossible to meet and may need to be suspended or modified
temporarily to avoid taking unnecessary risks. The objectives of this protocol are:
1) to define the most likely abnormal situations for the Nantahala Area Run of River (ROR)
Projects (i.e., Mission, Bryson and Franklin Projects),
2) describe the operations protocol for certain abnormal situations,
3) identify the potentially impacted license conditions,
4) outline the general approach that the Licensee will take to mitigate the impacts to license
conditions, and
5) describe how these situations will be communicated to resource agencies and others.
Note: Due to the potential variability of these abnormal situations, this Maintenance and Emergency
Protocol (MEP) is not intended to give an exact step-by-step solution path. It will, however, provide
basic expectations for the Licensee's approach to dealing with the situation. Specific details will vary
and will be determined on a case-by-case basis as the protocol is being enacted.
The Licensee will review the requirements of this protocol each time it is used and may revise the MEP
from time to time as noted below.
Key Facts and Definitions
1. Human Health and Safety and the Integrity of the Public Water Supply and Electric Systems are
of Utmost Importance - Nothing in this protocol will limit the Licensee's ability to take any and
all lawful actions necessary at the Project to protect human health and safety, protect its
equipment from major damage, and ensure the stability of the regional electric grid and public
water supply systems. It is recognized that the Licensee may take the steps that are necessary to
protect these things without prior consultation or notification. Likewise, nothing in this MEP will
limit the State of North Carolina from taking any and all lawful actions necessary in its
jurisdiction to protect human health and safety. It is recognized that North Carolina may also
take the steps necessary to protect these things without prior consultation or notification.
Normal Full Pond Elevation - Also referred to simply as "full pond," this is the level of a reservoir
that corresponds to the point at which water would first begin to spill from the reservoir's
dam(s) if the Licensee took no action. This level corresponds to the lowest point along the top
of the spillway (including flashboards) for reservoirs without floodgates and to the lowest point
along the top of the floodgates for reservoirs that have floodgates. To avoid confusion among
the many reservoirs the Licensee operates; it has adopted the practice of referring to the
Normal Full Pond Elevation for all of its reservoirs as equal to 100.0 ft. relative. The following
are the Normal Full Pond Elevations for the Nantahala Area ROR Projects expressed in terms of
USGS datum (ft above Mean Sea Level (AMSL)) rather than relative or local datum:
0 Franklin Project - 2,000.22 ft AMSL
1 1 i
• Bryson Project -1,828.41 ft AMSL
• Mission Project -1,658.17 ft AMSL
3. Normal Target Elevation - The level of a ROR Project reservoir (measured in ft above Mean Sea
Level (AMSL) or feet relative to the full pond contour with 100.0 ft corresponding to full pond)
that the Licensee will endeavor in good faith to achieve, unless operation in this MEP allows
otherwise. The Normal Target Elevation for the Franklin and Mission Projects is 99.5 ft and it is
99.95 ft local datum for the Bryson Project. These Normal Target Elevations correspond to the
following USGS elevations at each ROR Project:
• Franklin Project -1,999.72 ft AMSL
• Bryson Project -1,828.36 ft AMSL
• Mission Project -1,657.67 ft AMSL
4. Returning to Normal - Some of the abnormal situations noted in this MEP can impact the
Licensee's ability to operate the hydro project in the most efficient and safest manner for power
production. The Licensee will therefore endeavor in good faith to repair existing hydro project
equipment and facilities and return them to service within a reasonable period of time,
commensurate with the severity of the equipment / facility repair requirements and availability
of budgeted funding. If the Licensee determines that the Project will have less than 2 hydro
units operable for a period of more than 60 consecutive days, the Licensee will consult with the
agencies identified in this MEP, within 30 days of making such a determination, to develop a
plan and schedule for complying with ROR operations.
5. Incidental Maintenance -These are maintenance activities at Project works that are very brief in
nature or that require minimal if any deviation from normal license conditions. For the purposes
of this protocol, maintenance of Project works that does not require deviation from any license
conditions related to prescribed flow releases from Project structures that is less than 24 hours
in duration and will not require any excursions below the Minimum Flow (as identified in this
MEP) is considered Incidental Maintenance and, except for the notification steps identified in
the tables below for communication with resource agencies and affected parties for conditions
that impact prescribed flow releases, Incidental Maintenance is exempt from the requirements
of this protocol.
6. Notification - Typically includes informing or providing information concerning a Project activity
or situation (e.g., scheduled maintenance drawdown) to interested parties. Notification is an
important aspect of the communication protocol for the Projects and can be used under both
scheduled and emergency situations.
7. Consultation - Typically includes meetings and/or correspondence regarding agency
deliberation, decision, or guidance concerning a Project activity (e.g., review operational
changes, review plan modifications). Consultation is also an important aspect of the
communication protocol for the Projects.
8. Notification Guidance
a. Scheduled Maintenance that Affects License Conditions - Typically, scheduled maintenance
is planned months in advance. Once a likely maintenance schedule has been established,
the Licensee will endeavor to provide as much advance notice as possible to the affected
parties identified in this protocol.
I , ' 1
b. Unscheduled Maintenance and Emergencies that Affect License Conditions - It is not
possible for the Licensee to assure any level of advance notice. For these situations, the
Licensee will endeavor to inform the affected parties identified in this protocol within some
reasonable amount of time after the situation has been identified.
9. Minimum Flow-The minimum flow releases from the Nantahala Area ROR Projects that maybe
necessary to:
a. prevent long-term or irreversible damage to aquatic communities consistent with the
resource management goals and objectives for the affected stream reaches;
b. provide some basic level of water quality maintenance in the affected stream reaches.
For the purpose of this MEP, the Minimum Flow will be equal to the September median flow for
the given Project. The Minimum Flows for the Nantahala Area ROR Projects are as follows:
• Little Tennessee River at Franklin Dam is 309 cfs.
• Oconaluftee River at Bryson Dam is 204 cfs.
• Hiwassee River at the Mission Dam is 341 cfs.
10. Organizational abbreviations include the Eastern Band of Cherokee Indians (EBCI), United States
Fish and Wildlife Service (USFWS), Federal Energy Regulatory Commission (FERC), United States
Geological Survey (USGS), North Carolina Department of Environment and Natural Resources
(NCDENR), North Carolina Division of Water Resources (NCDWR), North Carolina Division of
Water Quality (NCDWQ), North Carolina State Historic Preservation Office (NCSHPO), North
Carolina Wildlife Resources Commission (NCWRC), Duke System Operating Center (SOC) and
Duke Transmission Control Center (TCC).
11. Voltage and Capacity Emergencies - The electric transmission system serving the Nantahala
Area is part of the Licensee's main transmission system. The Licensee's system is connected to
other large transmission systems located in the southeast. If the Licensee's system reliability is
at risk due to Voltage and Capacity Emergencies, the ability to provide secure and continuous
electric service to the Licensee's electric customers becomes compromised. The Licensee's
System Operating Center (SOC) and Transmission Control Center (TCC) continuously monitor the
electric transmission system. Therefore, for the purposes of this protocol, a Voltage or Capacity
Emergency will exist when declared by the Licensee's SOC or TCC.
12. Large Extended Drawdown - Any drawdown of a Nantahala Area ROR Project reservoir that will
expose substantial lakebed areas for an extended period of time that are not normally exposed
during the year. For the purposes of this ROR Project MEP document, a Large Extended
Drawdown is any drawdown that is expected to maintain a ROR Project's reservoir level greater
than 1.0 foot below the Normal Target Elevation for at least 30 consecutive days.
13. Revising the MEP -The Licensee will review the requirements of this MEP each time it is used
and will consult with the pertinent agencies if the Licensee determines that revisions are
warranted. The Licensee will file any revised MEP with the FERC, including filing a license
amendment request if the Licensee determines that the amendment is needed.
3
I I , %
Assumptions
1. Run-of-River Operation - The Subsequent or New Licenses for the Nantahala Area ROR Projects
are expected to require the Projects to be operated in such a manner that outflow is
approximately equal to inflow at any given time while allowing variations during maintenance,
emergencies, and equipment failures.
Guidance for Responding to Abnormal Situations
The table below identifies the most likely abnormal situations when this protocol will be enacted and
the license requirements that would most likely be impacted.
Potentially Impacted
Abnormal Situation License Requirements
Situation Situation Name Indications Run-of-River
Letter Operations
A Hydro Unit Maintenance Maintenance will require Yes
hydro unit shutdown.
Maintenance will require
B Maintenance of Floodgates interruption of scheduled Yes
releases from normal
locations (e.g., gates)
Condition A or B (i.e. dam
failure has occurred, is
imminent or a potentially
C Dam Safety Concerns hazardous situation exists) is Yes
declared per Emergency
Action Plan or other dam
safety concern is identified.
Voltage or capacity conditions
on the electric grid in the
Licensee's system or the
larger regional electric grid
Voltage or Capacity cause the Licensee's system
D reliability and safety to be at Yes
Emergency risk and a voltage or capacity
emergency is declared by
Licensee's System Operating
Center (SOC) or Transmission
Control Center (TCC).
4
I
Reservoir Drawdown Below The reservoir level is below
Normal Target Elevation due Normal Target Elevation by
E to maintenance, emergency more than is allowable for Yes
or other reasons (not due to
normal operation
low or high inflow)
Safe access to regulated river

F River Access Special reaches requires interruption
Yes
Circumstances of releases from normal
locations
Communication with Resource Agencies and Affected Parties
General Notification
As soon as possible after the Licensee determines that the response to an abnormal situation will
potentially impact license conditions, the Licensee will add appropriate messages to its public
information Web site and/or its reservoir level toll-free phone system to inform the general public.
Specific consultation is discussed below for each identified abnormal situation.
Notification and Consultation
Notification and consultation requirements are specified for each abnormal situation. The Licensee will
consider options suggested by the identified agencies and organizations that could lessen the impact of
the abnormal situation on the environmental, cultural and human needs relative to the Project.
5

Abnormal Situation A.1- Scheduled Hydro Unit Maintenance
Mitigating Actions
1. Scheduling -To the extent practical, the Licensee will avoid scheduling hydro unit maintenance that
would impact flow requirements for aquatic habitat or water quality unless it is likely that the
equipment condition will cause damage or unscheduled unit maintenance if repairs are delayed.
2. Drawing Down the Affected Reservoir -To minimize the impacts to its electric customers, the
Licensee may choose to draw down a reservoir using its hydro units to minimize spillage from the
dam during maintenance operations.
3. Avoid Falling Below the Minimum Flow - To the extent practical, the Licensee will avoid falling
below the applicable Minimum Flow as noted above. If it is determined that 100 percent
exceedance of the Minimum Flow cannot reasonably be achieved, the Licensee will work with the
resource agencies to (a) monitor any potential aquatic species impacts in the affected stream
segments and (b) replace any aquatic species mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation A.1- Scheduled Hydro Unit Maintenance
Notification Consultation Comments
Provide notification, initiate consultation and provide
NCDENR agencies 30 days to comment on drawdown plan as soon as
FERC NCWRC approximate dates are determined (typically months in
USFWS advance).
Consult at least 10 days prior to beginning the hydro unit
outage or any reservoir drawdown if maintenance will affect
NCSHPO Historic Properties (NCSHPO) and include consultation with
EBCI the EBCI if the maintenance will result in a Large Extended
Drawdown.
Access Area The Licensee will conduct notification procedures for any
Closure temporary recreation facility/Access Area closures (e.g.,
Notification closure due to extended low reservoir levels).
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
General license conditions, the Licensee will add appropriate
messages to its public information Web site and its reservoir
level toll-free phone system to inform the general public.
6
, , f 4
Abnormal Situations A.2 - Unscheduled Hydro Unit Maintenance
Mitigating Actions
1. Drawing Down the Reservoir -To minimize the impacts to its electric customers, the Licensee may
choose to draw down a reservoir using its hydro units to minimize spillage from the dam during
maintenance operations.
2. Avoid Falling Below the Minimum Flow - To the extent practical, the Licensee will avoid falling
below the applicable Minimum Flow as noted above. If it is determined that 100 percent
exceedance of the Minimum Flow cannot reasonably be achieved, the Licensee will work with the
resource agencies to (a) monitor any potential aquatic species impacts in the affected stream
segments and (b) replace any aquatic species mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation A.2 - Unscheduled Hydro Unit Maintenance
Notification Consultation Comments
If the maintenance will affect run-of-river operations,
FERC NCDENR perform notification as soon as possible after the
NCDENR NCWRC unscheduled hydro unit outage begins, but no longer than 5
NCWRC USFWS days afterwards. Begin consultation within 10 days after the
USFWS unscheduled hydro unit outage begins.
Notify (within 5 days) and consult (within 10 days) after the
hydro unit outage or drawdown begins with NCSHPO if
NCSHPO NCSHPO
EBCI EBCI maintenance will affect Historic Properties and include
consultation with EBCI if the maintenance will result in a
Large Extended Drawdown.
Access Area The Licensee will conduct notification procedures for any
Closure temporary recreation facility/Access Area closures (e.g.,
Notification closure due to extended low reservoir levels).
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
General license conditions, the Licensee will add appropriate
messages to its public information Web site and its reservoir
level toll-free phone system to inform the general public.
7
s 1
Abnormal Situation B.1- Scheduled Maintenance of the Normal Means of Providing Minimum Flows
Mitigating Actions
Scheduling - To the extent practical, the Licensee will avoid scheduling maintenance (e.g.,
floodgate maintenance requiring drawdown; hydro unit outage) that would impact the ability of
the Licensee to release flows for aquatic habitat or water quality unless it is likely that the
equipment condition will cause damage or an unscheduled maintenance situation if repairs are
delayed.
2. Drawing Down the Reservoir -To minimize the impacts to its electric customers, the Licensee
may choose to draw down a reservoir using its hydro units to minimize spillage from the dam
during maintenance operations.
Avoid Falling Below the Minimum Flow - To the extent practical, the Licensee will avoid falling
below the applicable Minimum Flow as noted above. If it is determined that 100 percent
exceedance of the Minimum Flow cannot reasonably be achieved, the Licensee will work with
the resource agencies to (a) monitor any potential aquatic species impacts in the affected
stream segments and (b) replace any aquatic species mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation B.1- Scheduled Maintenance of the Normal Means of Providing Minimum
Flows
Notification Consultation Comments
NCDENR Provide notification, initiate consultation and provide
FERC NCWRC agencies 30 days to comment on drawdown plan as soon as
USFWS approximate dates are determined (typically months in
advance).
Notify (within 5 days) and consult (within 10 days) after the
NCSHPO NCSHPO hydro unit outage or drawdown begins with NCSHPO if
EBCI EBCI maintenance will affect Historic Properties and include
consultation with EBCI if the maintenance will result in a
Large Extended Drawdown.
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
General license conditions, the Licensee will add appropriate
messages to its public information Web site and/or its
reservoir level toll-free phone system to inform the general
public.
8
1 4 Y 1
Abnormal Situation B.2 - Unscheduled Maintenance of the Normal Means of Providing Minimum
Flows
Mitigating Actions
1. Avoid Falling Below the Minimum Flow - To the extent practical, the Licensee will avoid falling
below the applicable Minimum Flow as noted above. If it is determined that 100 percent
exceedance of the Minimum Flow cannot reasonably be achieved, the Licensee will work with
the resource agencies to (a) monitor any potential aquatic species impacts in the affected
stream segments and (b) replace any aquatic species mortalities that are identified.
Communication with Resource Aeencies and Affected Parties
Abnormal Situation B.2 - Unscheduled Maintenance of the Normal Means of Providing Minimum
Flows
Notification Consultation Comments
FERC If the maintenance cannot avoid impacting run-of-river
NCDENR NCDENR operations, perform notification as soon as possible after the
NCWRC NCWRC unscheduled maintenance begins, but no longer than 5 days
USFWS USFWS afterwards. Begin consultation within 10 days after the
unscheduled maintenance begins.
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
General license conditions, the Licensee will add appropriate
messages to its public information Web site and/or its
reservoir level toll-free phone system to inform the general
public.
9
4 r %
Abnormal Situation C - Dam Safety Emergency
Mitigating Actions
1. Safety Must Come First - If a Condition A or B is declared per the Licensee's Emergency
Action Plan, or other dam safety concerns arise, the Licensee may modify or suspend any
license conditions immediately and for as long as necessary to restore the dam to a safe
condition.
Communication with Resource Agencies and Affected Parties
Abnormal Situation C - Dam Safety Emergency
Notification Consultation Comments
Conducted strictly in accordance with the Licensee's
Emergency Action Plan. In cases where dam safety
During EAP Condition A or B or concerns arise that are not a Condition A or B per the
Other Dam Safety Concerns Licensee's Emergency Action Plan, consultation with
resource agencies and affected parties will occur as soon as
possible, after the dam safety concern arises.
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
Once Dam Safety Conditions Have license conditions, the Licensee will add appropriate
Stabilized messages to its public information Web site and/or its
reservoir level toll-free phone system to inform the general
public.
Access Area Closure The Licensee will conduct notification procedures for any
Notification temporary recreation facility/Access Area closures (e.g.,
closure due to extended low reservoir levels).
10
4 d %
Abnormal Situation D -Voltage and Capacity Emergencies
Mitigating Actions
1. Suspension of the Normal Run-of-River Project Operation - If a voltage or capacity emergency
(as defined above) occurs, the Licensee may modify or suspend reservoir level operating
limitations immediately and for as long as necessary if doing so would allow additional hydro
station operation that is needed to restore the electric grid to a stable condition.
2. Conserving Water for Power Generation - If a voltage or capacity emergency (as defined above)
occurs and if it is expected to continue for an extended period of time (e.g. two weeks or more),
the Licensee may reduce minimum flows to the applicable Minimum Flow (as defined above).
During a Voltage or Capacity Emergency, the Licensee will not deviate from the normal license
conditions to conserve water for power generation strictly as a cost avoidance measure, but
only to assist in addressing the emergency.
Communication with Resource Agencies and Affected Parties
Abnormal Situation D -Voltage and Capacity Emergencies
Notification Consultation Comments
FERC Perform notification as soon as possible, but no longer than 5
NCDENR NCDENR days following the deviation from a license condition for
NCWRC NCWRC Voltage or Capacity Emergency reasons. Initiate consultation
USFWS USFWS as soon as possible.
Notify (within 5 days) and consult as soon as possible with
NCSHPO NCSHPO if a Voltage or Capacity Emergency will affect
NCSHPO EBCI Historic Properties and include consultation with EBCI if the
emergency will result in a Large Extended Drawdown.
Access Area The Licensee will conduct notification procedures for any
Closure temporary recreation facility/Access Area closures (e.g.,
Notification closure due to extended low reservoir levels).
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
General license conditions, the Licensee will add appropriate
messages to its public information Web site and its reservoir
level toll-free phone system to inform the general public.
11

Abnormal Situation E.1- Scheduled Reservoir Drawdown
Mitigating Actions
1. Scheduling - To the extent practical, the Licensee will avoid scheduling reservoir drawdowns that
would impact the ability of the Licensee to release the Minimum Flow for aquatic habitat and water
quality.
2. Avoid Falling Below the Minimum Flow - To the extent practical, the Licensee will avoid falling
below the applicable Minimum Flow as noted above. If it is determined that 100 percent
exceedance of the Minimum Flow cannot reasonably be achieved, the Licensee will work with the
resource agencies to (a) monitor any potential aquatic species impacts in the affected stream
segments and (b) replace any aquatic species mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation E.1- Scheduled Reservoir Drawdown
Notification Consultation Comments
Provide notification, initiate consultation and provide
NCDENR agencies 30 days to comment on drawdown plan as soon as
FERC NCWRC approximate dates are determined (typically months in
USFWS advance).
Consult at least 10 days prior to beginning the reservoir
NCSHPO NCSHPO drawdown if the drawdown will affect Historic Properties
EBCI EBCI (NCSHPO) and include consultation with the EBCI if the
maintenance will result in a Large Extended Drawdown.
Access Area The Licensee will conduct notification procedures for any
Closure temporary recreation facility/Access Area closures (e.g.,
Notification closure due to extended low reservoir levels).
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
General license conditions, the Licensee will add appropriate
messages to its public information Web site and its reservoir
level toll-free phone system to inform the general public.
12
* ,A ?
Abnormal Situation E.2 - Unscheduled Reservoir Drawdown
Mitigating Actions
1. Avoid Falling Below the Minimum Flow - To the extent practical, the Licensee will avoid falling
below the applicable Minimum Flow as noted above. If it is determined that 100 percent
exceedance of the Minimum Flow cannot reasonably be achieved, the Licensee will work with the
resource agencies to (a) monitor any potential aquatic species impacts in the affected stream
segments and (b) replace any aquatic species mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation E.2 - Unscheduled Reservoir Drawdown
Notification Consultation Comments
If the drawdown cannot avoid impacting run-of-river
operations, perform notification as soon as possible, but no
FERC NCDENR longer than 5 days after the drawdown begins. Begin
NCDENR NCWRC consultation within 10 days after the drawdown begins.
NCWRC USFWS, NCSHPO, Include consultation with the NCSHPO if the drawdown will
USFWS EBCI affect Historic Properties and include consultation with the
EBCI if the drawdown will be a Large Extended Drawdown.
Access Area The Licensee will conduct notification procedures for any
Closure temporary recreation facility/Access Area closures (e.g.,
Notification closure due to extended low reservoir levels).
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
General license conditions, the Licensee will add appropriate
messages to its public information Web site and its
reservoir level toll-free phone system to inform the general
public.
13
i..lk
Abnormal Situation F - Special River Access Circumstances
Mitigating Actions
1. Avoid Falling Below the Minimum Flow - To the extent practical, the Licensee will avoid falling
below the applicable Minimum Flow as noted above. If it is determined that 100 percent
exceedance of the Minimum Flow cannot reasonably be achieved, the Licensee will work with the
resource agencies to (a) monitor any potential aquatic species impacts in the affected stream
segments and (b) replace any aquatic species mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation F - Special River Access Circumstances
Notification Consultation Comments
If the Licensee must alter outflow from the Project such
that the stream flow will be reduced to a level that is below
NCDENR the Minimum Flow, then the Licensee will initiate
FERC NCWRC consultation as soon as possible after the dates are known,
USFWS but at least 10 days prior to beginning the temporary flow
alteration. Initiate consultation for unplanned river access
within 5 days after the temporary flow alteration begins.
Access Area The Licensee will conduct notification procedures for any
Closure temporary recreation facility/Access Area closures (e.g.,
Notification closure due to extended low reservoir levels.
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
General license conditions, the Licensee will add appropriate
messages to its public information Web site and its
reservoir level toll-free phone system to inform the general
public.
14