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HomeMy WebLinkAbout20150420-0006(30504431)The Honorable Jeff' Duncan MKx run Constituent Privacy Release Form Mr. X_ Mrs. _ Ms. _ Name: _j ov L-'A Address; /,) aso3 r' If 0— 17 .,:, ?015 APR I b P 3 City: State: -.—� Zip Cods: Telephone: (work) ( ) (home) �u (Cen) _. E -mail: _ Date of Birth: ~ Social Security Number: _ _ VA Number gamscabtey. Cast any other identifying numbers that may apply to your situation; (Immigrath m "A° Number. Cane Numbea, etc.) Are you currently or have you previously received assistance with this situation from another Member of Congress 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_ i Nknw roN P2Z-u I 0"v5-(.,4 sr -; - �" 2&2� 92 _S.C�. 1 -2nn t �o►v �t�du r�� WAD Lt tl�— LPo(_C_ c D \ e- . ­%S '12 ' '44:a" cx A 7aC� FT G(t... vvt t'C' 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. 4.13 !� 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 ao1s�.DUa3 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) 4F 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 B� AS�SO�,yIA,�17KD WASHINGTON, DC 20426 famw r= April 30, 2015 OFFICE OF THE CHAIRMAN The Honorable Jeff Duncan U.S. House of Representatives Washington, D.C. 20515 Dear Congressman Duncan: /0,a5a3 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 r i Federal Energy Regulatory Commission 888 First St, NE "c ' TI Room 61 -13 c� Washington, DC 20426 - �r Subject: Programmatic Agreement "•' < .9 Keowee - Toxaway Project (Project No. 2503 -154) - CO r 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, (�4 W4 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.. v James A. Burgner c� Cliffs at Keowee Vineyards Stakeholder Representative l Keowee Vineyards Property Owners Association ; D Jen Huff, Water Strategy & Hydro Licensing N j 1P Zy Kimberly Bose, Federal Energy Regulatory Commission n �''