20020919 Ver 1_More Info Received_20070108

James W. Thornton
Technical Consultant
Dominion Virginia Power
Innsbrook Technical Center iNE
5000 Dominion Boulevard, Glen Allen, VA 23060
(8o4)273-3357
January 8, 2007
Settlement Parties
Jk&
Dominion
Re: Virginia Electric and Power Companu, dba Dominion Virainia
PowerfDominion North Carolina Power, Roanoke Rapids and
Gaston Darn Project. FERC Project No. P-goo
g
Notice ofProposal to Amend Settlement Agreement
Dear Settlement Parties:
In accordance with Section 7 of the General Procedures under the Comprehensive
Relicensing Settlement Agreement ("Settlement") for the Roanoke Rapids and Gaston
Dam Project, FERC Project No. P-2009 ("Project"), Virginia Electric and Power
Company, dba Dominion Virginia Power/Dominion North Carolina Power's
("Dominion" or "Licensee"), gives notice of its proposal to amend Appendix B, Technical
Settlement, as appended to the New License, by order of the Federal Energy Regulatory
Commission dated March 4, 2005.3 Consistent with Section 7 of the General Procedures
and as further discussed below, the Settlement Parties should provide Dominion with
written confirmation of their consent to or rejection of the proposal described below
within 3o days of this Notice.
Dominion proposes to delete Section 4.7 in Article FL7 (14.7(FL7)") of the Technical
Settlement, which provides as follows:
Water flow through the Roanoke Rapids dam shall be
maintained to provide 78,ooo lbs. of dissolved oxygen per
calendar day for the months of May through October,
inclusive of the bypass flow. This requirement shall be
suspended when the conditions of § 5.1.1 of this article are in
effect.
Section 4.7(FL7) is part of the Technical Settlement and as such is appended to, but is
not a Commission-mandated condition of, the New License. As described in the
Explanatory Statement to the Settlement, the Technical Settlement sets forth goals and
objectives and, in the case of §4.7(FL7) in particular, establishes specific protection,
enhancement and mitigation measures to achieve those goals and objectives.
' Virginia Electric and Power Company, dba Dominion Virginia Power/Dominion North Carolina Power, 106
FERC 162,245 (Mar. 31, 2004), amending license, 110 FERC 161,241 (Mar. 4, 2005). Capitalized terms have the
meaning set forth in General Procedure I of the Settlement Agreement.
2 Virginia Electric and Power Company, dba Dominion Virginia Power/Dominion North Carolina Power, 110
IT RC 161,241 (Mar. 4, 2005).
Dominion has determined that implementation of §4.7(FL7) of the Technical Settlement
is not satisfactorily achieving the Settlement's goal of supporting water quality
downstream of the Project. Other requirements of the New License obligate Dominion
to operate the Project consistent with dissolved oxygen standards. Specifically, Article
402 of the New License requires Dominion to operate the Project such that water
discharged through the Roanoke Rapids hydropower turbines meets, or exceeds,
instantaneous and mean dissolved oxygen (DO) concentrations of 4.0 milligrams per
liter (mg/1) and 5.0 mg/1, respectively. Although Dominion did not anticipate this at the
time the Settlement was executed, adhering to the mass requirement in §4.7(FL7)
results in burdensome inefficiencies in Project operation. Further, this provision has
required Dominion to request otherwise unnecessary, additional water releases from the
Army Corps of Engineers' John H. Kerr Dam, located immediately upstream.
Section 4.7(FL7) was included in the Technical Settlement at the request of
Weyerhaeuser Paper Company, a water user located downstream of the Project, as a
means to ensure enhanced releases during seasonal low flow periods. Weyerhaeuser,
although not a Settlement Party, has authorized Dominion to state that it does not
object to the deletion of §4.7(FL7) from the Technical Settlement. Weyerhaeuser and
Dominion have separately agreed to a cooperative process whereby Weyerhaeuser,
under specified circumstances, can request Dominion to increase releases from the
Project in a manner otherwise consistent with Dominion's license obligations, the terms
of the Settlement and the US Army Corps of Engineers operation of Kerr dam and
reservoir.
Dominion's proposal to delete §4.7(FL7) from the Technical Settlement will not alter or
otherwise modify other provisions of the New License or Technical Settlement and,
specifically, will not affect Article 402 of the New License. Dominion believes that
deleting this provision will avoid unnecessary flow releases, leading to improved and
more efficient Project operation, without adversely affecting water quality. As discussed
below, Parties are encouraged to contact Dominion should they require additional
information to evaluate the proposal.
Section 7 of the General Procedures requires each Settlement Party to inform Dominion
within 3o days of this notice whether the Settlement Party consents to or rejects the
amendment proposal. If a Party does not respond within the 30-day period, that Party
shall be deemed to have rejected the request to amend the Settlement Agreement. If any
Party opposes the proposed amendment within 3o days after receiving notice, Dominion
will initiate and the Parties shall engage in Consultation pursuant to Section 6.2 of the
General Procedures.
Dominion submits that the proposed amendment is not materially inconsistent with the
New License or the goals and objectives of the Technical Settlement. As noted above,
§4.7(FL7) of the Technical Settlement is not a condition of the New License. Further,
Dominion's proposal will not modify the existing obligations in the Settlement and in
the New License with regard to flow and dissolved oxygen standards, in particular.
Accordingly, Dominion proposes that §4.7(FL7) of the Technical Settlement may be
deleted upon execution of an amendment by the Settlement Parties, as provided for in
Section 7.1.1 of the General Procedures.
Dominion requests that the Settlement Parties notify Dominion of their position on the
proposed amendment, in writing, within 3o days of this Notice. As noted above, failure
to respond is deemed to constitute opposition to the proposed amendment and will
trigger the Consultation process set forth in Section 6.2 of the General Procedures.
Dominion hopes to avoid unnecessary delay and therefore urges the Settlement Parties
to contact Mr. James Thornton, [phone], to discuss any questions or concerns
regarding the proposal. Dominion will notify the Parties of the results following closure
of the 3o-day period and, if no Party opposes the proposal, will circulate an amendment
to delete §4.7(FL7) at that time.
Sincerely, -7
ames W. Thornton
Settlement Parties:
USFWS - Mr. ,John Ellis
NMFS - Mr. Prescott Brownell
NCDENR
DWR - Mr. Jim Mead
DWQ - Mr. John Dorney
DMF - Ms. Sara Winslow
DFS - Mr. Bill Pickins
NCWRC - Mr. Pete Kornegay
NCSHPO - Mr. Peter B. Sandbeck
VDHR - Dr. Ethyl Eaton
VDCR - Mr. John Davy, Jr.
VDEQ - Mr. ,Joe Hassell
VDGIF - Mr. A. L. LaRoche, III
TNC - Dr. Sam Pearsall
City of Virginia Beach - Mr. Tom Leahy, III
RPLG - Mr. Russell Slayton
City of Roanoke Rapids - Mr. Chris Wicker
LGA - Mr. William Lindenmuth
Carolina Canoe Club - Mr. Paul Ferguson
RRBA - Rives Manning