20020919 Ver 1_Emails_20070420

Re:, Dominion Power FERC settlement agreement changes
Subject: Re: Dominion Power FERC settlement agreement changes
From: Jim Mead <[e-mail]>
Date: Fri, 20 Apr 2007 11:20:43 -0400
To: John Dorney <[e-mail]>
CC: Al Hodge <[e-mail]>, Lauren Cobb <[e-mail]>, Matt Matthews
<[e-mail]>, Jennifer Everett <[e-mail]>, Jim Thornton
<[e-mail]>, Tom Reeder <[e-mail]>
John et al:
See my suggested edits in CAPS.
"Section 4.7 of the Settlement Agreement shall BE SUSPENDED for the next 10 (ten)
years. After that time, Dominion may notify all stakeholders to the Settlement
Agreement VIA CERTIFIED MAIL - as well as the Weyerhauser plant (OR THEIR SUCCESSOR)
in Plymouth, NC - of their intention to have Section 4.7 removed FROM THE
AGREEMENT. If no written objection is received within 30(SUGGEST USING 60 DAYS,
GIVEN HOW LONG IT'S TAKEN US TO REVIEW THIS REQUEST) days of receipt of the
certified letter, then Section 4.7 shall be removed from the Settlement Agreement.
If anyone objects in writing, then the Consultation process under Section 6.2 of
the Settlement Agreement will be initiated."
Jim Mead
John Dorney wrote:
By now, you should have gotten several emails from Jim Thornton (Dominion Power)
concerning a proposed change to the Settlement Agreement for the Roanoke
RApids/Lake Gaston settlement agreement. We met this morning with Jim to get
some background and have a tentative agency position as outlined pending WaRO
concurrence. The old license (from the 1960s) had a condition for release of
78,000 pounds of oxygen per day into the river. The final 404/FERC license has
conditions related to DO concentration and minimum flow which are tied to water
quality standards more directly and do not mentions pounds of oxygen. However
the settlement agreement (which DENR is a party to) has the 78,000 pound
criterion. In order to remove that criterion, Dominion needs agreement of all
parties or the matter goes into a formal Consultation process. As far as we can
tell, the 78,000 pound requirement is not really needed since the DO
concentration and minimum flow requirements are more effective in managing water
quality in the river. Dominion has been in consultation with Weyerhauser and
they have a tentative agreement to remove that condition if everyone else
agrees. Matt will be getting me the address for the Weyerhauser contact so we
can confirm that point. Based on our meeting, we propose to modify the condition
as follows (subject to editing by everyone on this email).
"Section 4.7 of the Settlement Agreement shall remain in effect for the next 10
(ten) years. After that time, Dominion may notify all stakeholders to the
Settlement Agreement as well as the Weyerhauser plant in Plymouth, NC all via
certified mail of their intention to have Section 4.7 removed. If no written
objection is received within 30 days of receipt of the certified letter, then
Section 4.7 shall be removed from the Settlement Agreement. If anyone objects in
writing, then the Consultation process under Section 6.2 of the Settlement
Agreement will be initiated."
This approach gives all of us 10 years to figure out if the condition is really
redundant and not needed.
Al - I will send you a set of the handouts from the meeting via interoffice
mail. Please review and discuss with staff as appropriate. I will be teaching a
stream class all of next week anyway so please get any thoughts to me by
Wednesday May 2nd. If we do not hear any objections, I will prepare a letter
from DWQ with this proposed language.
Everyone else - you have the same deadline! Also please feel free to elaborate
1 of 2 4/20/2007 11:29 AM
Re: Domirrion Power FERC settlement agreement changes
on the issue as you see fit!
thankx
2 of 2 4/20/2007 11:29 AM