The URL can be used to link to this page

Home My WebLink About20080915 Ver 2_CRA Parties Outreach Meeting April 13 - 17 2015_20150507CATAWBA- WATEREE COMPREHENSIVE RELICENSING AGREEMENT Signatory Parties Outreach Meetings April 13, 157 16, and 17, 2015 Our Purpose Reinvigorate communications among Parties for the successful implementation of the New License and the Comprehensive Relicensing Agreement (CRA) for the Catawba- Wateree Hydroelectric Project. Objectives of Outreach Meetings Review the Federal Energy Regulatory Commission (FERC) relicensing process and where Catawba- Wateree is in the process. 2. Review how the CRA was developed and its benefits to all Parties. 3. Prepare Parties to participate: a) between now and the issuance of the New License b) after the New License is issued (dealing with possible inconsistencies with the CRA) c) after the New License is "final" Introduce the Final Agreement Committee (FAC) and explain its role. Discuss next steps and communications needs. FERC's Reficensing Process The National Environmental Policy Act (NEPA) process requires FERC to evaluate and recommend a "preferred alternative" for a New License. The CRA is our recommended preferred alternative to FERC. Local priorities and local solutions that are balanced and sustainable Includes features that will be in the License (e.g., flows, lake levels) Includes features that will be enforced by contract (the CRA) (e,g., land conservation) FERC favors settlements and has a "Settlement" policy, which we followed. With only minor modifications, FERC staff recommended our CRA as the preferred alternative in its July 2009 Environmental Impact Statement. Reficensing Process Status Application for New US Fish and Wildlife Service FERC Environmental Impact License Fish Passage Prescription Statement August 29, 2006 June 22, 2009 July 2009 SC Water Quality Certification 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Comprehensive Relicensing Agreement NC Water Quality Certification National Marine Fisheries Service Biological Opinion (BiOp) Auaust 29. 2006 11 November 14. 2008 1 1 July 8, 2013 License issued Summer 2015 (est.) CRA BACKGROUND Reficensing Process Background LAKE JAMES EL 1200 843.2 MW of hydroelectric peaking 225 power LAKE RHODHISS EL 995.1 210 LAKE HICKORY First development built in 1904 EL 935 200 1 CUK4IJT SHOALS Original (existing) license in 1958 EL 838.1 Caldwell Alexander 170 LAKE NORMAN EL 760 ke Iredell .150 MTN. ISLAND LAKE La ► Lookou Shoals EL 637.5 ake Jam Hickor ake '140 LAKE WYLIE Burke EL 569.4 McDowell _ Catawba .� L,nco,dVorma Mduntai ' Isla d Gaston Lake Mecklenburg Lak Wyli York Chester Lancaster G t Falls & fishing Cedar Cre k Reservo► Fairfield Lake Kershaw 110 80 FISHING CREEK EL 417.2 G EL 284.4 EE EL 225.5 EL 17.5 30 0 RIVER MILES Reficensing Process Background Marshall McGuire Catawba • Approximately 25% of Duke Energy's generation capacity in the Carolinas depends on Catawba - Wateree cooling water Two fossil stations, two nuclear stations ➢ 7746 MW Electricity demand is expected to more than double over the next 50 years • Drinking water for 2 million people Future public water demand is projected to increase approximately 200% in the next 50 years. Reficensing Process - Issues Wildlife RTE* Habitat Protection Aquatic Habitat Improvements Fish Passage *RTE = Rare, Threatened, and Endangere r Water Prescribed Flow Releases Lake Levels Water Quality Enhancements Flood Management Drought Management People Recreation Flows & Facilities Cultural Resource Protection Land Conservation Future Drinking Water & Industrial Needs Power Continued Hydro Generation with Modern License Support Thermal Generation Fleet Future Electric Power Needs ■ CRA Background Regulations Stakeholders License Application Comprehensive Relicensing Agreement Federal Energy Regulatory Commission New License CRA Background ■ CRA Background - Studies 568 study requests 31 Studies I " r AF! 7 ifftrt4. f4 1. Project operations 2. Resource impact 3. Current conditions 4. FERC and Duke Energy jurisdiction Most requested studies: water supply and drought management ^RA Backaround Resource Committee Reports Resource Committees translated highly technical study data into effective resource improvement alternatives. Aquatics Hydro Operations Land Use Wildlife & Botanical Cultural Shoreline Management Recreation Water Quality Stakeholders drew upon resource improvement alternatives in crafting the CRA. Stakeholder Agreement CRP Background Negotiated 2003 — 2006 160 stakeholder team members representing 85 organizations 70 signatory parties (83 %) CRAAGREEMENT Section: WHEREAS, this Agreement is the culmination of the Parties' desires.. . WHEREAS, the Parties have now reached full agreement... NOW, THEREFORE, IN CONSIDERATION of all other actions and undertakings as set forth herein below, the Parties contract and agree... CRA Section 16.1: ... effective for all Parties on December 22, 2006. ... shall remain in effect for the term of the New License for the Project and for any annual licenses issued subsequent thereto... CRA Section 19.1 ... all Parties that are governmental entities, including Tribes, believe that this Agreement is consistent with their statutory responsibilities. CRAS Enforceable as a Contract Resource Full extent of New License requirements and Agreements consistency with the CRA (Sections 1 -15) will not be known until the New License is issued. General Agreements and CRA 39.3 - Enforceability — Procedures As noted in Paragraph (Sections 16 -39) 31.1.3, all terms of this Agreement not incorporated as License Articles shall be Signature s enforced through remedies available under applicable state or federal law. Enforceable as New License Articles Appendices A -O Appendix A: Proposed License Articles Appendix C: Low Inflow Protocol Appendix D: Maintenance and Emergency Protocol Appendix F: Water Quality Monitoring Plan Appendix L: Flow and Water Quality Implementation Plan 16 CRA BENEFITS OBLIGATIONS CRA Benefits — Reservoir Levels, Flows & Water Quality New seasonal Normal Operating Ranges for each reservoir Continuous minimum flow releases into the Catawba River Bypassed Reach (James), the Great Falls Long Bypassed Reach, and the Great Falls Short Bypassed Reach Higher continuous minimum flow releases at Bridgewater (James), Oxford (Hickory), and Lookout Shoals Low Inflow Protocol (LIP), including forming the Drought Management Advisory Group (CWDMAG) Increase aeration capabilities at Bridgewater (James), Rhodhiss, Oxford (Hickory), and Lookout Shoals New aerating hydro units at Wylie and Wateree (DO and continuous minimum flows) CRA Benefits — Recreation &Land Conservation $13.1 M in funding and price reductions for purchase /protection of 5,371 acres in NC and SC $3M and 2,455 acres (conveyed or under easements) to state agencies for recreation and land conservation 2,590 acres for upper Catawba public access, open space, and trails (purchased and being held by Duke Energy for sale to NC) Over $4 million for others (primarily local governments) to develop public recreational amenities 89 new /enhanced public recreation areas (conceptual designs in progress; only two land acquisitions remain) CRA Benefits —Other The Catawba - Wateree Water Management Group (CWWMG) Over $600,000 for cultural resources protection and enhancement Public information enhancements If New License is for 50 years: Modify the Wateree spillway An additional $3 million and 274 acres available to state agencies 7� 1 otr� 5 A. t *.xIL . " Y ■ Party - Specific CRA Packages A hardcopy of the brochure entitled "A Partnership with the Catawba - Wateree River" A flash drive pre - loaded with: This presentation (linked to the obligations spreadsheet) Spreadsheet with every Party's obligations CRA Bookmarked .pdf version Word version CRAAppendix I maps (.pdf) showing land, easement and recreation provisions Other CRA- related commitments Other CRA- Related Commitments Upper Catawba Public Access, Open Space and Trails Agreement (April 2008) Santee River Basin Accord for Diadromous Fish Protection, Restoration and Enhancement (Accord, May 2008) North Carolina Water Quality Certification (November 2008) SC Water Quality Certification Settlement Agreement (May 2010) Settlement Agreement for the SC v NC US Supreme Court Case No 138, Orig. (December 2010) National Marine Fisheries Service Biological Opinion (July 2013) Settlement Agreement Regarding Certification (July 2014) the South Carolina Water Quality South Carolina Water Quality Certification (February 2015) Party - Specific Obligation Spreadsheets Spreadsheet is interactive with the presentation Run presentation from flash drive Put presentation in "slide show" mode Click on a Party's name (slide 22) To sort spreadsheet, make a copy and save to another location or with a different name Important Note!!!! In the event of an error or omission in the spreadsheet, all Parties remain fully responsible for all their CRA responsibilities. CRA Provisions — Individual Parties Duke Energy Corporation Resolute Forest Products Alexander County, NC American Whitewater Area II Soil & Water Conservation Districts Burke County, NC Caldwell County, NC Carolina Canoe Club Catawba County, NC Catawba Indian Nation Catawba Indian Nation Tribal Historic Preservation Office Catawba Lands Conservancy Catawba Regional Council of Governments Catawba Valley Heritage Alliance Catawba- Wateree Relicensing Coalition Centralina Council of Governments Chester Metropolitan District City of Belmont, NC City of Camden, SC City of Charlotte, NC City of Gastonia, NC City of Hickory, NC City of Morganton, NC City of Mount Holly, NC City of Rock Hill, SC Crescent Resources, LLC Foothills Conservancy Gaston County, NC Great Falls Hometown Association Harbortowne Marina International Paper Iredell County, NC Kershaw County, SC Kershaw County Conservation District Lake James Homeowners Lake Wateree Association Lake Wylie Marine Commission Lancaster County Water & Sewer District Lincoln County, NC Lugoff -Elgin Water Authority McDowell County, NC Mecklenburg County, NC Mountain Island Lake Association North Carolina Dept. of Environment and Natural Resources (NCDENR) with its Divisions of Forest Resources, Parks and Recreation, Water Quality, and Water Resources North Carolina Wildlife Federation North Carolina Wildlife Resources Commission Rivers Edge Marina South Carolina Dept. of Archives and History South Carolina Dept. of Natural Resources South Carolina Dept. of Parks, Recreation and Tourism South Carolina Electric & Gas South Carolina Wildlife Federation Springs Global US, Inc. Town of Davidson, NC Town of Great Falls, SC Town of Valdese, NC Trout Unlimited, Inc. Union County, NC Wateree Homeowners Association — Fairfield County Western Piedmont Council of Governments York County, SC York County Culture & Heritage Commission William B. Cash Shirley M. Greene Frank J. Hawkins Timothy D. Mead Merlin F. Perry Joseph W.Zdenek Select any Party above to be linked to an Excel spreadsheet listing the Party's obligations Note: You may need to exit the slide show to view the spreadsheet. General Provisions for All Parties Until New License is issued Section 20.1.2 ... no Party may request or advocate ... by any activity ... any New License requirements that would, if adopted by the FERC, be an Inconsistent Act... After New License is issued CRA 18.2 ... no Party will seek rehearing of the FERC order granting the New License for any issues covered by this Agreement or support in any way any such request for rehearing by any person or entity. 25 THE FINALAGREEMENT COMMITTEE (FAC) t Final Agreement Committee (FAC) CRA Section 26.2 -.FAC Purposes (i) be a mechanism to promote clear communications among the Parties; (ii) assist in the efficient implementation of the terms of this Agreement; (iii) serve as the primary group for initial consideration of alleged breaches and Inconsistent Acts and the need to implement dispute resolution; and (iv) serve as the primary group for initial consideration of proposed future modifications to this Agreement pursuant to Paragraph 24.0. Current Members of the FAC MIKE BAILES, CATAWBA RIVER WATER TREATMENT PLANT ................. ............................... MBAILES(o-),CRWTP.ORG MAURICE BLACKBURN, CAROLINA CANOE CLUB .............. ............................... MBLACKBURNI (o),CAROLINA.RR.COM Dick Christie, SC Department of Natural Resources ............................................. .........christied(o-)dnr.sc.gov JACKY EUBANKS CATAWBA COUNTY ............................. ............................... JEU BAN KS(o-),CATAWBACOUNTYNC.GOV GARY FAULKENBERRY, LAKE WATEREE ASSOCIATION .................. ............................... GARIVERRATS(o-),COMPORIUM.NET CHRIS GOUDREAU, NC WILDLIFE RESOURCES COMMISSION .... .........................CHRIS. GOUDREAU(O-),NCWILDLIFE.ORG BARRY GULLET, CHARLOTTE WATER ................................... ............................... BGULLET(o-),CHARLOTTENC.GOV AL JAMES, SC DEPARTMENT OF PARKS, RECREATION, AND TOURISM ........................ LAN DSFORDCANALCO),SCPRT.COM JEFF LINEBERGER, DUKE ENERGY ........................... ............................... JEFF. LINEBERGER(o-),DUKE- ENERGY. COM JIM PROSSER, CENTRALINA COUNCIL OF GOVERNMENTS .................................... ......JPROSSER(o),CENTRALINA.ORG FRED TARVER, NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES .............. FRED. TARVER(O-),NC DEN R.GOV VICKI TAYLOR, CATAWBA WATEREE RELICENSING COALITION ...... ............................... VETAYLOR(C-)ROADRUNNER.COM The Final Agreement Committee CRA 26.3 - FAC Meeting Schedule and Logistics — The FAC shall confer. (i) within 10 calendar days following the issuance of any draft or final 401 Water Quality Certification, environmental assessment or environmental impact statement; (ii) within 10 calendar days following receipt of any notice from any Party identifying an alleged Inconsistent Act by a Jurisdictional Body or the proposed withdrawal of any Party from this Agreement; (iii) within 30 calendar days following receipt of any notice from any Party identifying an alleged or potential breach of this Agreement by any Party or the need to implement dispute resolution; and (iv) any time as deemed necessary by a majority of its members, but at least annually beginning in 2007 and continuing through the term of the New License (including any annual license renewal periods). The Final Agreement Committee Duke Energy's Role Duke Energy is a Party and an FAC member Chairs and convenes FAC meetings Administrative responsibilities Communications responsibilities No unilateral decisions Protect CRA benefits during the relicensing process Potential Future Risks to CRA Benefits Inconsistent Acts by a Jurisdictional Body Causes additional material burden or loss of benefit to a Party CRA 21: Agreements on Action Steps upon an Imposition of a Requirement by a Jurisdictional Body that is an Inconsistent Act CRA 22: Review of Inconsistent Act Imposed by Jurisdictional Body that Substantially Negatively Affects a Party New License rehearing requests and other challenges Changes New License requirements, resulting in an Inconsistent Act Breaches by a CRA Party Causes additional material burden or loss of benefit to a Party CRA 23 — Agreements on Action Steps upon Breach by Any Party Withdrawal of a CRA Party Causes a loss of material benefit to a Party CRA Section 27 — Withdrawal from this Agreement Revision of the CRA Renegotiate the CRA risks all Parties' benefits CRA Section 24 — Modification of this Agreement NEXT STEPS Next Steps New License Issuance by FERC Summer 2015 (est.) Requirements effective at beginning of issuance month Duke Energy has been voluntarily complying with many expected New License requirements since 2006 30 -day review period Clarifications Inconsistencies with CRA Rehearing requests, other challenges All- Parties meeting to provide updated information After challenges end, initiate first round of CRA modifications App F (Water Quality Monitoring Plan, WQMP) App L (Flow and Water Quality Implementation Plan, FWQIP) File WQMP and FWQIP within 180 days after New License challenges end File Recreation Management Plan within 1 year after New License challenges end Discussion Questions Clarifications Information Needs Communications Tools Other