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HomeMy WebLinkAbout20080915 Ver 1_FWQIP and WQMP filing extension request to the FERC_20161207DUKE ENERGY December 7, 2016 The Honorable Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street N.E. Washington, DC 20426 WATER STRATEGY, HYDRO LICENSING AND LAKE SERVICES Duke Energy Corporation 526 South Church Street Charlotte, NC 28202 Re: Duke Energy Carolinas, LLC Catawba-Wateree Hydroelectric Project - Project No. 2232 Request for Extensions of Time to file the Flow and Water Quality Implementation Plan (FWQIP) and the Water Quality Monitoring Plan (WQMP) Dear Secretary Bose: On April 29, 2016, Duke Energy Carolinas, LLC (Duke Energy) requested an extension of time to file both the Flow and Water Quality Implementation Plan (FWQIP) and the Water Quality Monitoring Plan (WQMP) as required by the New License for the Catawba-Wateree Hydroelectric Project (Project) issued by the Federal Energy Regulatory Commission (FERC or Commission) on November 25, 2015. The Commission granted this request on May 13, 2016. As explained below, Duke Energy respectfully requests an additional extension of time to file both of these plans. As Duke Energy summarized on April 29, 2016, several stages have had to be completed sequentially in order to submit the subject plans to the Commission. These stages and their time frames in 2016 follows. February 28 — August 6: Catawba-Wateree Comprehensive Relicensing Agreement (CRA) Parties approved five CRA revisions. This time period included a 30 -day period for Parties to review draft revisions, additional Party outreach, finalizing the revisions, and a 60 -day period for Parties to vote on their approval of final revisions. During this time Duke Energy also prepared draft water quality certification (WQC) amendment applications. In order to save time, this activity was initiated before CRA Party approval was received on the anticipation all CRA modifications would be approved. July 15 - August 25 — Duke Energy submitted draft WQC amendment applications for agency consultation and received and responded to all agency comments. August 25 - September 9: WQC amendment applications were finalized and filed with both states. September 9, 2016 — Present: State WQC processes have been underway including public notice and comment periods and Duke Energy responding to one additional information request. Kimberly D. Bose, Secretary December 7, 2016 Page 2 The intent of this plan has been to process several changes to both the CRA and the Project license as a consolidated package of changes for submittal to the North Carolina and South Carolina WQC agencies for approval and thereafter submit to the Commission as part of a license amendment application. The subject FWQIP and WQMP have been revised since being approved in each state's original WQC, so these revised plans must be approved via amended WQCs before requesting a license amendment. Attachment A depicts graphically the changes considered at each stage of this plan and how changes proceed through successive stages of this plan to obtain necessary approvals. On November 30, 2016, Duke Energy contacted both the NC Department of Environmental Quality and the SC Department of Health and Environmental Control to request the status of each state's WQC amendment process. While it would be inappropriate for Duke Energy to speak for these agencies, based on feedback received, these processes are not complete and Duke Energy does not expect these processes to be completed in time to prepare and file a license amendment application by December 31, 2016. For the preceding reasons, Duke Energy respectfully requests an extension of time from December 31, 2016, to April 1, 2017 to file both the revised FWQIP and WQMP as part of a comprehensive license amendment application. Please contact Mark Oakley at (Mark.Oaklev@Duke-Energy.com if you have questions or require additional information. Sincerely, Tly Jeffrey G. Lineberger, P.E. Director, Water Strategy and Hydro Licensing Duke Energy Attachment cc w/attachment: Thomas McCoy, United States Fish and Wildlife Service Melanie Olds, United States Fish and Wildlife Service Fritz Rhode, National Marine Fisheries Service Dick Christie, South Carolina Department of Natural Resources Bill Marshall, South Carolina Department of Natural Resources Heather Preston, South Carolina Department of Health and Environmental Control Rusty Wenerick, South Carolina Department of Health and Environmental Control Chris Goudreau, North Carolina Wildlife Resources Commission Fred Tarver, North Carolina Department of Environmental Quality Bryan Tompkins, United States Fish and Wildlife Service Karen Higgins, North Carolina Department of Environmental Quality Cory Larsen, North Carolina Department of Environmental Quality Attachment A Summary of Catawba-Wateree Comprehensive Relicensing Agreement (CRA) Modifications and License Amendment CRA Revision 2 Modification Process (February 28 - August 6, 2016) Repurpose East Wateree Access Area funding Additional option for funding for Upper Wylie Motorboat Launch Improvements Add six inches to James, Norman, and Wylie summer Normal Target Elevations Change 6,000 cfs recreation flow release at Wylie Hydro Station to 3,000 cfs Technology flexibility for flood management at Lake Wateree These modifications became effective August 6, 2016 NC and SC Water Quality Certification Amendment Process (September 9, 2016 — Present) Add six inches to James, Norman, and Wylie summer Normal Target ■ Elevations Change 6,000 cfs recreation flow release at Wylie Hydro Station to 3,000 cfs Revised Low Inflow Protocol (LIP) Revised Maintenance and Emergency Protocol (MEP) Updated Water Quality Monitoring Plan (WQMP) Updated Flow and Water Quality Implementation Plan (FWQIP) FERC License Amendment Process (Following Water Quality Certification approvals) Add six inches to James, Norman, and Wylie summer Normal Target Elevations Change 6,000 cfs recreation flow release at Wylie Hydro Station to 3,000 cfs These Revised Low Inflow Protocol (LIP) modifications will become Revised Maintenance and Emergency effective when Protocol (MEP) FERC approves these Updated Water Quality Monitoring license Plan (WQMP) amendments (expected in Updated Flow and Water Quality 2017) Implementation Plan (FWQIP) Technology flexibility for flood management at Lake Wateree