20070812 Ver 1_Alco Response to City of Salisbury_20070914

LEBOEUF, LAMB, GREENE & MAC RAE LLP
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September 13, 2007
Mr. John Dorney
North Carolina Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Blvd
Raleigh, NC 27604
SEP 1 4 2007
JENR -WATER GIUALITY
~iIEMNDS AND STDR~41NAT6R BRANCH
Re: Yadkin Project, No. P-2197, Stanly County, DWQ # 20007-0812
Response of Alcoa Power Generating to the Ciry of Salisbury's August 24,
2007 Letter to the North Carolina Department of Environment and
Natural Resources Division of Water Quality Regarding A Proposed
Clean Water Act Section 401 Water Quali Certification
Dear Mr. Dorney:
On August 24, 2007, the City of Salisbury ("Salisbury") submitted a letter in the above-
referenced matter to the North Carolina Department of Environment and Natural Resources
Division of Water Quality ("DWQ") providing additional information and comments regarding
the protection of Salisbury's water supply from alleged Project-caused interruption by flooding.
Salisbury attached two documents to its letter in support of its request that the DWQ require a
flood mitigation condition. ~ For the reasons set forth below, Alcoa Power Generating Inc.
("APGI") respectfully requests that the DWQ neither consider the reports nor accept them as part
of the record in the certificate proceeding.
) Large Flood Relief Channel, Mobile Boundary Hydraulics, PLLC (May 10, 2007) and Effects of'Bridges
over Yadkin River on Water Surface Elevation Profiles, Dr. Martin Doyle (August 2007). Until it received copies of
Salisbury's submission of these documents to the Federal Energy Regulatory Commission on August 29, 2007,
APGI was unaware of their existence.

Mr. John Dorney
September 13, 2007
Page 2
Please be advised that the information that Salisbury submitted to DWQ on August 24
and to the Federal Energy Regulatory Commission on August 29, 2007 is suspect as to its
conclusions, accuracy and scientific validity. Perhaps because of questions raised by APGI with
respect Salisbury's earlier submissions, in the last several months Salisbury has ceased providing
sufficient information regarding its studies that would permit any outside expert to evaluate them
as to their assumptions, methodologies, accuracy or conclusions. Without such information,
neither DWQ, APGI, nor anyone else, can evaluate them or verify an}~thing of substance with
respect to them.
The DWQ should not consider Salisbury's reports or include them in the record in this
proceeding because they contain mere conclusions that are incapable of verification. APGI
assumes that the DWQ will not give any credence to Salisbury's reports, but reserves the right to
respond further in the event that there is any indication that any part of the reports will become
part of DWQ's decisions regarding the Yadkin Project. APGI appreciates the DWQ's attention to
this matter.
Respectfully submitted,
David R. Poe
D. Randall Benn
Counsel for Alcoa Power Generating Inc.