HomeMy WebLinkAbout20150420-0006(30504431)The Honorable Jeff' Duncan
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Constituent Privacy Release Form
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or Senator: Yes No � - X Ifyes, tame:
Briefly describe the nature of the assistance you are regaesting ,may i you have Sled, as well as any Warms, .
dates, or contact numbers you think may help with Congtea�macn DuK=•s ;,q„iry, without this iufortaation, it may
be impossible for the Conn to adequately assist you, (Yba „may auarh or aw die bad of ddsfn+m if a"llonal
pace is needed Please note dint atmddhg copies of cwre*vnd w= f vm dre agemy concema ng your sin&ston any be help*o_
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PEASE READ AND SIGN BELOW:
1 understand that the Privacy Act of 1974, 5 U.S.C. 552(x) et seq. prohibits my govemumm agency ham releasing
information they may have in my name without my knowl,edp or permnssipa. I hereby authorize Congressman
Jeff Duncan and members of itis staff to obtain such information from federal agencies as may be required for the
purpose of investigating and resolving the concerns I have set forth herein. I also Understand that this inquiry may not
conclude in my best intArest.
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Signature Date
Please recut form to-, CAMMV eesmas Jew Dunem
303 west Betltliae BoubvaM
Andermal, SC 29W
PbOOL: W 224.7401
Fair: W,4) 273-7849
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Cheryl A. LeFleur, Chairman
Federal Energy Regulatory Commission March 17, 2015
888 First Street, NE
Washington, DC 20426
Subject: Keeowee- Toxaway Relicensing Application
I am writing to you on behalf of myself and the 1286 petitioners who asked but were
denied a seat on the stakeholder committee, and, therefore, were denied adequate input
and consideration in the relicensing process.
Duke Energy's contention that its stakeholder process involved input from all impacted
parties is incorrect.
I live in The Reserve at Lake Keowee and along with another property owner, Newton
Brightwell, started a petition drive in September of 2013 with the intent of getting the
voices of the actual property holders in Pickens and Oconee Counties heard by Duke
Energy and the stakeholder team.
We obtained 1286 signatures of property holders, including people living in the Cliff's
Keowee Vineyards, Keowee Springs, and Keowee Falls developments. We asked Duke
Energy for a seat on the stakeholder committee and were denied such an opportunity.
Duke's contention was that property owners were representative by a couple of corporate
land developers who were given a stakeholder seat. The above mentioned 1286
petitioners do not believe the developers adequately represented the interests of
individual property owners.
The essence of our concern is that Duke Energy did not factually and accurately represent
in good faith the economic impact on property values in establishing its lake level floor
during drought conditions. A secondary concern relates to Duke's timing with regards to
the one concession Duke did make to property owners.
Early in the stakeholder process Duke Energy indicated to the stakeholder group that
Duke would conduct a two phase economic impact study. Phase one was to be a broad
economic impact analysis of the South Carolina Upstate area and phase two would deal
with the property value impact on the two counties (Pickens and Oconee) that surround
Lake Keowee.
Once Duke Energy had the results of the first study (Regional Economic Analysis of
Changing Lake Levels in Lake Keowee) and its conclusions that there was little overall
economic impact on the area, they steadfastly refused to conduct the promised phase two
study to examine the impact on property values and local counties.
In sharp contrast to Duke's claim of minimal economic impact, a study conducted by Dr.
David Wyman at Clemson University (since peer reviewed and accepted for publication)
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found a direct correlation between the lowest targeted lake floor level in a stage four
drought and property values. At the lowest proposed level (790 feet) the impact is in the
range of -14% to -32% if the level is maintained for any length of time.
Even Duke Energy's own stakeholder group asked that the lake level floor be set at 793
feet. When the various lake levels from 790 feet to 793 feet were run through Duke
Energy's various models, Duke Energy admitted to the stakeholder group that there was
essentially no difference in downstream impact.
Although Duke Energy's final draft does state that Duke will strive to avoid water
releases below a level of 791.5 feet, the actual permit floor remains at 790 feet.
The Petitioners and property owners believe that a floor of 793 feet represents a more
reasonable and responsible compromise, particularly considering that by Duke's own
admission a lower floor has no meaningful impact on downstream water recipients.
We understand that in the case of a sustained drought evaporation and drinking water
draw down would still potentially drop the Lake Keowee level below 793 feet, but a 793
feet level would result in less time at lower levels and again would mitigate potential
property value impact.
With regards to the one concession Duke Energy did make to property owners, the
opportunity for some lake front dock owners to extend their dock walkways by the
equivalent of 200 square feet into deeper water, Duke Energy placed such an
unnecessarily narrow window of time to apply for such change on property owners that
many owners will miss the window while others will be forced to spend thousands on a
dock extension without even knowing it is needed
On behalf of the 1286 Petitioners, we request that Duke Energy raise the Lake Keowee
floor to 793 feet as proposed by its own stakeholder committee and that Duke Energy
eliminate any window requirement to apply for a dock walkway extension.
Respectfully submitted for consideration,
Douglas A Barker
256 Featherstone Dr.
Sunset, SC 29685
And 1286 petition signers from the Lake Keowee area. (Attached)
Dr. David Wyman: "The Impact of Climate Change on Property Value: A Tale of Two
Lakes" (Attached)
FEDERAL ENERGY REGULATORY
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April 30, 2015
OFFICE OF THE CHAIRMAN
The Honorable Jeff Duncan
U.S. House of Representatives
Washington, D.C. 20515
Dear Congressman Duncan:
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Thank you for your April 16, 2015, communication forwarding a letter from Mr.
Douglas Barker conveying his concerns regarding the relicensing application for the
Keowee - Toxaway Hydroelectric Project.
Duke Energy Carolinas, LLC filed its application with the Commission on August
27, 2014. Commission staff announced a 60-day public comment period on the
application on February 5, 2015. Mr. Barker's letter, originally filed on March 17, 2015,
is part of that comment record. Commission staff will consider the information provided
in the letter as it prepares its Environmental Assessment.
As is our practice, your communication will be made part of the public record for
this docket, which serves to alert the Commission to the concerns of interested
individuals and groups. If I can be of any further assistance in this or any other
Commission matter, please let me know.
Sincerely,
4100.,
Norman C. Bay
Chairman
&?105 46(IJ��
eLibrary
FEDERAL ENERGY REGULATORY COMMISSION
Office of Energy Projects
Division of Dam Safety and Inspections — Atlanta Regional Office
Gwinnett Commerce Center
3700 Crestwood Parkway, Suite 950
Duluth, Georgia 30096
(678) 245 -3000 Office - (678) 245 -3010 Facsimile
APR 211015
In reply refer to:
P -0432 Walters, P -2232 Catawba — Wateree, P -2206 Yadkin — Pee Dee,
P -2331 Ninety Nine Islands, P -2332 Gaston Shoals, P -2503 Keowee- Toaaway,
P -2601 Bryson, P -2603 Franklin, P -2619 Mission, P -2686 West Fork,
P -2692 Nantahala, P -2694 Queens Creek, P -2698 East Fork, P -2740 Bad Creek,
P -2380 Marshall, P -2211 Markland
Mr. Randy C. Herrin, P.E., General Manager
Duke Energy Carolinas — Hydro Fleet
526 South Church Sheet, Post Office Box 1006 (EC11J)
Charlotte, North Carolina 28201 -1006
RE: Owner's Dam Safety Program (ODSP)
Dear Mr. Herrin:
Your letter dated January 9, 2015, submitted revised copies of the ODSP.
The revised document with personnel and organizational changes is acceptable.
If you have any questions, contact Maxwell Fowler at (678) 245 -3066
or maxwell.fowlerMerc.gov.
Sincerely,
Wayne B. King, P.E.
Regional Engineer
eLibrary
FEDERAL ENERGY REGULATORY
Office of Energy Projects
Division of Dam Safety and Inspections - Atlanta Regional Office
Gwinnett Commerce Center
3700 Crestwood Parkway, Suite 950
Duluth, Georgia 30096
(678) 245 -3000 Office - (678) 245 -3010 Facsimile
APR 2 7 2015
In reply refer to:
P -2232 Catawba/Wateree Project, P -2503 Keowee- Toxaway Project,
P -2331 Ninety-Nine Islands Project, P -2332 Gaston Shoals Project,
P -2740 Bad Creek Project, P -2601 Bryson Project, P -2603 Franklin Project,
P -2619 Mission Project, P -2686 West Fork Project, P -2698 East Fork Project,
P -2692 Nantahala Project, P -2694 Queens Creek Project, P432 Walters Project,
P -2206 Yadkin -Pee Dee River Project, P -2380 Marshall Project
Mr. Randy C. Herrin, P.E., General Manager
Duke Energy Carolinas — Hydro Fleet
526 South Church Street, Post Office Box 1006 (EC 11J)
Charlotte, North Carolina 28201 -1006
RE: 2014 Dam Safety Surveillance and Monitoring Report (DSSMR)
Dear Mr. Herrin:
We received your March 24, 2015, request for a 45 -day extension to submit the
2014 DSSMR. The extension needed to meet new requirements for 2015 is acceptable.
If you have any questions, contact Maxwell Fowler by telephone at (678) 245 -3066 or
email at maxwell.fowler@ferc.gov.
Sincerely,
61- rw-:-
Wayne B. King, P.E.
Regional Engineer
ORIGINAL
DUKE Water Strategy & Hydro Licensing
4S ENERGY, Duke Energy
526 S. Church Street
Charlotte, NC 28202
Mailing Address
EC12Y
P.O. Box 1006
Charlotte, NC 28201 -1006
May 8, 2015
Via Overnight Delivery
Ms. Patti Leppert
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Federal Energy Regulatory Commission
888 First St, NE
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Room 61 -13
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Washington, DC 20426
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Subject: Programmatic Agreement
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Keowee - Toxaway Project (Project No. 2503 -154)
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Dear Ms. Leppert:
As requested in Stephen Bowler's April 24, 2015, letter providing the final Programmatic
Agreement (PA) for the Keowee - Toxaway Project (FERC Project No. 2503), Duke Energy
Carolinas, LLC (Duke Energy) has signed the PA. Enclosed please find the original signature page
signed by Steven D. Jester, Vice President of Water Strategy, Hydro Licensing and Lake Services.
Please contact me at 980 -373 -4392 or Jennifer.Huff@duke- energy.com if I may be of further
assistance.
Sincerely,
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Jennifer Huff
Keowee - Toxaway Relicensing Project Manager
Water Strategy & Hydro Licensing
Enclosure
cc w /enclosure: Stephen Bowler, Federal Energy Regulatory Commission
Brett Garrison
ORIGINAL
7 May 2015
Erin Owen
Division of Water Quality
SC Department of Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
RE: Public Notice #DHEC -I5 -C -001
Request for Water Quality Certification for Keowee= Toxaway Hydroelectric Project
(FERC No. P- 2503 -154)
Dear Ms. Owen,
The Cliffs at Keowee Vineyards is a residential community located directly on the
northern shoreline of Lake Keowee. Keowee Vineyards has a strong interest in the
operation of Duke Energy's Keowee - Toxaway Hydroelectric Project and has actively
participated as a stakeholder in its relicensing efforts.
Over the past several years Keowee Vineyards, Duke Energy, and numerous other
stakeholders have worked diligently to collectively develop a relicensing agreement. This
agreement ensures that water quality within and below project operations are maintained
to the highest standards and that downstream flows are sufficient as much as climatic
conditions permit. As a result the Cliffs at Keowee Vineyards Community Association
actively supports Duke Energy's request for water quality certification pursuant to
Section 401 of the Clean Water Act.
Feel free to contact me if you have any questions pursuant to this letter of support for
water quality certification for the Keowee - Toxaway Hydroelectric Project.
Sincerely,
Q:OM°oi G..
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James A. Burgner
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Cliffs at Keowee Vineyards Stakeholder Representative
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Keowee Vineyards Property Owners Association
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Jen Huff, Water Strategy & Hydro Licensing
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Kimberly Bose, Federal Energy Regulatory Commission
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