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HomeMy WebLinkAbout20030179 Ver 6_Public Comments_20071029 (2)t PAUL V. NOLAN, Esq. 5515 North 17th Street Arlington, Virginia 22205 E-mail: pvnpvn@AOL.com October 25, 2007 Mr. Steve Tedder c/o Mr. John Dorney NC Division of Water Quality Parkview Building Wetlands Unit 2321 Crabtree Blvd. Raleigh, NC 27604 Work: (703) 534-5509 Fax: (703) 538-5257 Cell: (703) 587-5895 Truck: 703-946-8153 ~~c~~od~G OCi 2 9 ZOOI pEN1F~ - iNAI'ER QUAll71' WETtAtrpg PuVD STORMIN.ATER BRANCH RE: Duke Energy Carolinas, LLC Section 401 Water Quality Certification & Section 404 Permit Dillsboro Dam and Powerhouse Removal DWQ Project No. 2003-0179, Ver. 6, et. al. Request to Lodqe Documents and for Administrative Notice Dear Hearing Officer Tedder: In response to the public notice for the above captioned water quality certificate proceeding, the Jackson County Government, the Macon County Government, the Town of Franklin ("Local Governments"), respectfully request that you accept the following documents into the record and take notice of the public policies and interests noted therein with regard to renewable power and the implications thereof for the current certificate proceeding: August 23, 2007 order of the North Carolina Utilities Commission, Docket No. E-100, SUB 113, In the Matter of Rulemaking Proceeding to Implement Session Law 2007-397 -Order Initiating Rulemaking Proceeding. 2. Duke Energy Carolinas, LLC - 2007 RFP for renewable power. As noted therein, Duke Energy Carolinas, LLC was seeking Proposals for a supply portfolio of energy and capacity generated from new (placed in service on or after Jan. 1, 2007) renewable or existing NC Green Power sources including low impact hydro. 3. Jackson County FERC Preliminary Permit Application for studying the development of hydroelectric power at the Dillsboro Dam. These three documents unequivocally support the position of Jackson County Page 1 of 4 that the redevelopment of the hydraulic resources of the Dillsboro site is in the public interest and in furtherance of State and Federal laws and policies encouraging the development of renewable resources.' Thus, the issuance of any 404 permit and/or 401 certificate is contrary to the public interest, More so because the Duke application for relicensing of the Dillsboro Project unequivocally states that the continued operation of the project will not adversely affect existing water quality standards and/or endangered species such as the elktoe mussel The developments proposed by Jackson County in its permit will allow for the passage of fish upstream and down as well as afford kayak passage. Moreover, given the lack of any evidence in the current record to the contrary, the additional annual generation proposed to be developed, along with the non-power facilities and operation of the project in a run-of-river mode and with minimum flows sufficient to accommodate fish passage, etc., far exceeds the speculative benefits of dam removal, which entails significant, long term (based upon their life-cycles) adverse impacts to existing mussel communities located downstream of the dam as well as upstream (for which no studies exist assessing their ability to accommodate successfully additional mussels in an existing colony). As noted in the RFP, Duke would accept bids from low-impact hydros (certified). Jackson County is familiar with the certification process, which entails paying a fee for certification, and alternatives thereto, and is confident that the redeveloped Dillsboro Project can meet the requirements for certification based upon the installation of better equipment, better PLC systems, run-of-river operation (which is the product of and subject to upstream operation of Duke's other projects), the provision of minimum flows as agreed to by DWQ for the upstream projects and under the previous license for the project.2 As DWQ is well aware, Jackson County has an aggressive green power program in place. Thus, redevelopment of the Dillsboro site along with the County's efforts with regard to the development of landfill gas, a winner of a recent EPA award (see attached public notice), is in the public interest. Based upon information taken from Duke's application for relicensing, ' Though Duke's 2007 RFP bid period has closed, other RFPs will be forthcoming from Duke, its affiliates and/or from other utilities in response to the ongoing NCUC proceeding. The permit application was erroneously dismissed by FERC as being in competition with the relicensing application for Dillsboro Project 2602. The County's response is attached. As noted in the 2003 relicensing application at E.2.11 -- Existing Water Quality Protection, Mitigation, and Enhancement Measures - "[t]he Froject currently has a minimum flow requirement of 160 cfs or inflow on the Tuckasegee River for the protection of water quality and aquatic life, as required by the existing license." Page 2 of 4 redevelopment of the project will not have any adverse impacts upon existing water quality standards, see Section E.23, and will not affect adversely the existing elktoe mussel populations. See Section Aquatic Macroinvertebrates, ES 10- 11 of 2003 application, wherein Duke states: Water quality in the Little Tennessee River Basin, as assessed using benthic invertebrates indices, is generally Good or Excellent (NCDENR-DWQ 2002). Two hundred seven ratable samples representing 112 sites, have been collected since 1983. Good or Excellent ratings have been assigned for 77 percent of these samples. The remaining 23 percent of the samples are rated as Good-Fair, Fair, and Pour. Relicensing studies produced bioclassifications for the two stations in the immediate upstream and downstream vicinity of the Dillsboro Project of Good and Good, respectively. These are within the range of the results of the NCDENR studies. The Little Tennessee River in Subbasin 02, which includes the Dillsboro Project area, is critical habitat for two federally listed endangered species of mussels: the Appalachian elk-toe (Alasmidonta raveneliana) and the littlewing pearly mussel (Pegias fabula). Other important mussel species in this subbasin include the slippershell mussel (Alasmidonta vtridis) and the Tennessee pigtoe (Fusconaia barnesiana). Both species are listed as endangered in North Carolina. The wavy- rayed lampmussel (Lampsilis fasciola), a species of Special Concern in North Carolina, is also found in this area. Appalachian elktoe were found both upstream and downstream of Dillsboro Dam and were the most abundant species in both areas. The presence and operation of the Dillsboro facility has had relatively little effect on mussel populations in the Tuckasegee River. The Dillsbom Dam appears to be only slightly detrimental to mussel species by producing unfavorable habitat in its detention pool and isolating upstream. The present mussel species richness in the Tuckasegee River appears to have been limited primarily by past events that were unrelated to any action associated with Dillsboro Dan Reproducing populations of the same species occur both upstream and downstream from the dam and detention pool, suggesting that the linear distribution of these species is not significantly affected by the Dillsboro facility (Fraley 2002). Section E2.10 -Project Effects on Water Quality states: The Project is in compliance and in support of all applicable state water quality standards and designated uses. Due to the upstream influence of the West Fork and East Fork Hydroelectric projects, the Dillsboro Project has little impact, if any, on water temperatures in the Tuckasegee River. Comparison data of the daily mean temperature upstream and downstream of the Project indicates very little difference between the two areas. (Emphasis added). Page 3 of 4 Based on this information, it was determined that the Dillsboro Project will not negatively affect the macro invertebrate populations and assemblages in the Project area due to the fact that there will be no change in Project operations. (Emphasis Added). Sincerely, Digitally signed by Paul V. Nolan P a u I V Nolan DN: cn=Paul V. Nolan, o, ou=Paul V. Nolan, email=pvnpvn@aoLcom, c=US Date: 2007.10.25 15:54:52 -04'00' Paul V. Nolan Cc: Ken Westmoreland, Jackson County Manager Sam Greenwood, Macon County Manager Verlin Curtis, Town of Franklin Alderman Tom Walker, Corps of Engineers, Asheville Regulatory Office Encl.: NCUC Order Duke Energy Carolinas - 2007 RFP Jackson County Preliminary Permit Jackson County Response to FERC Page 4 of 4 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. E-100, SUB 113 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Rulemaking Proceeding to Implement ) ORDER INITIATING Session Law 2007-397 ) RULEMAKING PROCEEDING BY THE CHAIRMAN: Session Law 2007-397 (Senate Bill 3) was signed into law on August 20, 2007. This comprehensive energy legislation, among other things, (1) establishes a Renewable Energy and Energy Efficiency Portfolio Standard (REPS) for (~~orth Carolina, G.S. 62-133.7; (2) provides for cost recovery of demand-side management and energy efficiency expenditures, G.S. 62-133.8; (3) amends the fuel charge adjustment and certification statutes, G.S. 62-133.2 and 62-110.1; (4) provides for Commission review of the construction of out-of-state electric generating facilities, G.S. 62-110.6; (5) provides for Commission review and cost recovery for project development costs associated with potential nuclear generating facilities, G.S. 62-110.7; and (6) alters the statutory rules governing the inclusion of construction work in progress associated with base load electric generating facilities in a public utility's rate base, G.S. 62-133. As most of the above changes become effective January 1, 2008, the Chairman finds good cause to initiate this rulemaking proceeding to adopt new rules and modify existing rules, as appropriate, to implement Session Law 2007-397. Because the relevant sections are so interrelated, the Commission, except as provided below, is initiating this single rulemaking proceeding to implement Session Law 2007-397 on a comprehensive basis. Although some details may be left to future proceedings, it is the Commission's intent to adopt final rules to implement Session Law 2007-397 by the end of this year. Thus, although the Commission is aware that there are a number of other pending proceedings involving many of the parties who will be interested in this proceeding, the Commission is establishing an expedited schedule in order to have rules in place by January 1, 2008. To begin this rulemaking process, the Chairman invites interested persons to petition to intervene and file proposed rules, rule revisions, or any other comments or suggestions to assist the Commission in drafting proposed rules to implement Session Law 2007-397. The Commission requests that the Public Staff prepare proposed rules or rule revisions to implement Section 4 of Session Law 2007-397, G.S. 62-133.8. After considering the parties' initial filings and the proposed rules or rule revisions to be submitted by the Public Staff, the Commission will prepare proposed rules or rule re~:~isions to implement the sections of Session Law 2007-397 within its jurisdiction. Parties will be permitted to file comments and reply comments addressing these proposed rules or rule revisions. While not intending to limit the parties' initial filings in this proceeding in any way; the Chairman has set forth in Appendix A a number of issues about which the Commission is specifically interested in receiving comments or suggestions. The Commission will issue separate orders in the near future regarding the net metering and interconnection rulemaking provisions of Session Law 2007-397 and the analysis required by Section 4.(c). IT IS, THEREFORE, ORDERED as follows: 1. That Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc.; Duke Power Company LLC dlb/a Duke Energy Carolinas, LLC; Virginia Electric and Po`~~er Company d/b/a Dominion North Carolina Power; North Carolina Electric Membership Corporation; and ElectriCities of North Carolina, Inc., are hereby made parties of record in this proceeding; 2. That other parties desiring to become formal participants and parties of record in this proceeding shall file petitions to intervene in accordance with the applicable Commission rules on or before Friday, September 21, 2007; 3. That parties may file initial comments, suggestions, or proposed rules or rule revisions as provided herein on or before Friday, September 21, 2007; 4. That the Public Staff, after considering the parties' initial filings, shall prepare and file proposed rules or rule revisions implementing Section 4 of Session Law 2007-397 on or before Wednesday, October 10, 2007; S. That the Commission, after considering the parties' initial filings and the proposed rules or rule revisions filed by the Public Staff, shall issue an order setting forth proposed rules or rule revisions as provided herein implementing those sections of Session Law 2007-397 within its jurisdiction and establishing a further schedule for the filing of comments and reply comments; and 6. That the Chief Clerk shall mail a copy of this Order to all parties of record in Docket No. E-100, Sub 109. ISSUED BY ORDER OF THE COMMISSION. This the 23`J day of August, 2007. NORTH CAROLINA UTILITIES COMMISSION ~,ai l l..'~(lour~r Gail L. Mount, Deputy Clerk 2 Appendix A Page 1 of 2 DOCKET NO. E-100, SUB 113 Rulemaking Proceeding to Implement Session Law 2007-397 Specific Issues About Which The Commission Is Seeking Comment 1. Should the Commission convene a generic proceeding each year to consider compliance with the REPS requirement, or is a periodic reporting requirement sufficient to allow the Commission to monitor and report on compliance as required by G.S. 62-133.7(1)(1)? 2. Should the rate recovery mechanisms affecting public utilities be coordinated to provide for a single annual change in rates for each utility? If so, how should this coordination be accomplished? 3. How should the Commission interpret per account" in considering REPS compliance and in determining the annual assessment of charges under G.S. 62-133.7(h)? Must the Commission approve a uniform charge "per account," or may the charge vary according to usage? 4. What procedures should be adopted regarding potential future requests to modify or delay implementation of the REPS requirements, G.S. 62-133.7(1)(2)? 5. What procedures should be imposed upon electric power suppliers or others to ensure that energy credited toward REPS compliance not be credited toward any other purpose, including another renewable energy portfolio standard or voluntary renewable energy purchase program in this State or any other state, G.S. 62-133.7(1)(3)? 6. What procedures should be imposed upon electric power suppliers or others to ensure that the owner and operator of each renewable energy facility that delivers electric power to an electric power supplier is in substantial compliance with all federal and state laws, regulations, and rules for the protection of the environment and conservation of natural resources, G.S. 62-133.7(1)(5}? 7 What procedures, if any, should the Commission adopt to track and account for renewable energy certificates (RECs), G.S. 62-133.7(1)(7)? 8. Should the Commission allow aggregators or brokers to resell RECs? If so, what rules should apply to these entities? 9. Since a renewable energy facility interconnected on the customer's side of the electric power supplier's meter may earn RECs, how should the output of these facilities be determined? Should the Commission allow entities other than electric power suppliers to meter these facilities? If so, what rules should apply to these entities? 10 Since renewable energy facilities include both solar thermal energy facilities and combined heat and power (CHP) systems earning RECs, G.S. 62-133.7(a)(7), how should the non-electric output of these facilities be determined? Should the Commission allow entities other than electric power suppliers to meter these facilities? If so, what rules should apply to these entities? Appendix A Page2of2 11 Ho~~1 should the Commission determine the value of RECs for CHP systems and solar thermal energy facilities? What information is required, and what is the appropriate conversion factor? 12. What procedures should the Commission adopt to determine if an electric power supplier is in compliance with the solar energy resources REPS provision, G.S. 62-133.7(d}, if a new solar electric facility or a new metered solar thermal energy facility fails to meet the terms of its contract with the electric power supplier? 13. How should the Commission evaluate cost-effectiveness for demand-side management and energy efficiency options for purposes of G.S. 62-133.8(c}? Should the Commission adopt new procedures for the approval of such programs, or are current Commission rules sufficient and appropriate to comply with G.S. 62-133.8(c)? 14. What procedures should the Commission adopt to measure and verify avoided costs and capacity and energy savings achieved by demand-side management or energy efficiency measures, G.S. 62-133.8(d}? Specifically, what reporting requirements, if any, should the Commission adopt to monitor demand-side management and energy efficiency measures for purposes of ratemaking, cost- recovery, and REPS compliance? 15. How should the Commission determine the appropriate assignment of costs and benefits of new demand-side management and energy efficiency measures, G.S. 62-133.8(e}? 16. What procedures should the Commission adopt to comply with G.S.62- 133.8(e}, (f), and (g}, including, but not limited to, procedures and standards addressing how the Commission should evaluate notifications of nonparticipation by industrial customers. Specifically, with regard to the provisions in subsection (f), how should the Commission apply them to commercial customers who establish the threshold level of significant annual usage; and what should that threshold level be? 17 What filing requirements and procedures should be required for generators exempt from certification pursuant to amended G.S. 62-110.1 (g}? Should these generators be required to file the same information as those required to file for certification? Should the Commission issue a certificate of exemption? Should the Chief Clerk assign each generator a separate docket? Should the same filing requirements and procedures apply to generators exempt due to their size as those exempt due to self-generation? 18. To what extent are revisions required to the following Commission rules: Rules R1-37, R1-38, R8-52, R8-55, R8-60, R8-61, and R8-63? What other Commission rules, if any, should be revised? Duke Energy Carolinas, LLC REQUEST FOR PROPOSALS FOR RENEWABLE ENERGY RESOURCES Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Table of Contents Section Description Page 1.0 Purpose of Request for Proposals 1 2.0 Instructions to Bidders 2 2.1 General 2 2.2 Overview of Process 3 2.3 Notice of Intent to Bid 3 2.4 Deadline and Method for Submitting Proposals 3 2.5 Questions and Interpretation of RFP 4 2.6 Requirements of the Proposals 4 3.0 Proposal Organization 7 3.1 Executive Summary 7 3.2 Statements 7 3.3 Contract Terms 7 3.4 Proposal Limitations 7 3.5 Relevant Experience 7 3.6 Cost Proposal 7 4.0 Proposal Content 8 4.1 Price Proposal 8 5.0 Proposal Evaluation and Contract Negotiations 9 5.1 Screening 9 5.2 Short List Development 10 5.3 Contract Negotiations 10 Exhibit A Schedule 12 Exhibit B Notice of Intent to Bid 13 Exhibit C Certification and Indemnity Agreement 14 Exhibit D Bidder Response Data 16 Duke Energy Carolinas, LLC Page 1 Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 1.0 Purpose of Request for Proposals Duke Energy Carolinas, LLC (Duke), is seeking Proposals for a supply portfolio of energy and capacity generated from new (placed in service on or after Jan. 1, 2007) renewable or existing NC Green Power sources including: • Wind • Solar • Biomass, • Hydro - as certified by the Low Impact Hydro Institute • Incremental Improvements in Large Scale Hydro, • Landfill Methane • Biogas Digesters • Biomass Co-firing of All Woody Waste including mill residue, but excluding painted or treated lumber. • Hydrogen derived from a renewable energy resource • Geothermal • Ocean current or wave energy resource Duke is seeking up to 2100 MW of capacity by 2012 to meet its generation requirements and energy to meet expected Renewable Portfolio Standard (RPS) obligations from both State or Federal regulations. Duke reserves the right to revise this RFP to align with developing RPS requirements (for example, the proposed NC Renewable Energy and Energy Efficiency Portfolio Standard currently in working committee). General characteristics applicable to any proposed resources: • The supply resource can be intermittent in nature; however, firm or dispatchable supply may be assigned a capacity value in the review process. • Resources must be capable of being delivered to the Duke Carolinas transmission or distribution system and suitable for use as a network resource for Duke, with preference given to (but not limited to) those assets within North Carolina and South Carolina. • Resources must be operational and delivering power by January 1, 2012. Duke desires to diversify its supply portfolio through the addition of competitive renewable and environmentally friendly sustainable resources. As such, Duke is accepting bids from any and all renewable resource options that meet the RFP criteria. Duke seeks bid proposals that provide the greatest value to Duke and its customers. Value, for purposes of this solicitation, is the combination of price, reliability, and flexibility. Flexibility includes, but is not limited to, bid proposal structure and physical resource characteristics (delivery scheduling requirements, dispatch capability, etc). The bid proposals that have greater value to Duke and its customers may not necessarily be the lowest price proposals. Bid proposals may be in the form of: a. power purchase b. power purchase and buyout option, and c. sale/purchase of generating facility. Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Page 2 Bid participants should prepare offers with the understanding that the offer is binding and may result into a Power Purchase Agreement, aPurchase/Sale Agreement, or both. Duke retains the right to reject any or all offers on the basis that the bids do not provide sufficient customer benefits or would impose conditions that Duke determines are impractical or inappropriate. 2.0 Instructions to Bidders 2.1 General 2.1.1 Nothing contained in this Request for Proposals (RFP) shall be construed to require or obligate Duke to select any proposals or limit the ability of Duke to reject all proposals in its sole and exclusive discretion. Duke further reserves the right to withdraw and terminate this RFP at any time prior to the execution of a contract. 2.1.2 The submission of a proposal to Duke shall constitute a Supplier's acknowledgment and acceptance of all the terms, conditions and requirements of this RFP. 2.1.3 Subject to 2.1.4, all proposals submitted to Duke pursuant to this RFP shall become the exclusive property of Duke and may be used for any reasonable purpose by Duke. 2.1.4 Duke shall consider materials provided by Bidders in response to this RFP to be confidential only if such materials are clearly designated as "Confidential". Bidders should be aware that their proposal, even if marked "Confidential", may be subject to discovery and disclosure in regulatory or judicial proceedings that may or may not be initiated by Duke. Bidders may be required to justify the requested confidential treatment under the provisions of a protective order issued in such proceedings. If required by an order of an agency or court of competent jurisdiction, Duke may produce the material in response to such order without prior consultation with the Bidder. 2.1.5 Bidders shall be responsible for all costs and issues associated with bids; contract negotiations; completion of the contract; all taxes, duties, fees and other charges associated with the delivery of capacity and energy under the contract; and compliance with all local, state and federal laws that may affect the contract. 2.1.6 Duke anticipates that transmission access and capacity will be a factor in selection of the final bid(s). All costs and coordination required for any applicable Transmission Service Requests to the point of delivery are the responsibility of the Bidder. Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 2.2 Overview of Process Page 3 2.2.1 Duke has designated an individual to manage the RFP process and to collect all Internet communication from potential bidders as well as to provide uniform communication including updates and specific detail as may be provided from time to time through this bidding process. Please address all questions and communications to Kathy Dunn at the following e-mail address: khdunn@duke-energy.com. 2.2.2 The bid process will include the activities and events as indicated on the schedule in Exhibit A. Following the release of the RFP, interested Bidders will be required to submit a Notice of Intent to Bid form with credit information and product experience. Proposals will be screened and offers that do not meet the requirements of this RFP will be rejected as non-conforming. Bidders on any short list developed will be invited to begin negotiations of final details of the offers. Final evaluation of the offers, considering contract terms and transmission service requirements, will then be performed. 2.3 Notice of Intent to Bid 2.3.1 Each potential Bidder is required to advise Duke by May 21, 2007 of its intent to submit a proposal by submitting a Notice of Intent to Bid, attached hereto as Exhibit B. Only those bidders that submit a Notice of Intent to Bid form will be eligible to submit a final proposal. Bidders are asked to provide information on the makeup of the company and its parent organization along with the most current annual financial reports and SEC Form 10-K as applicable. A credit screening of all potential Bidders will be performed by Duke Energy Risk Management group prior to entering into any negotiations. Bidders who fail the initial screening shall be given an opportunity to cure credit deficiency by providing additional financial assurances, such as a letter of credit, cash, or a parent corporation guarantee accompanied by an appropriate credit rating from a major credit-rating agency in a form and format acceptable to Duke. 2.4 Deadline and Method for Submitting Proposals 2.4.1 Proposals must be submitted in the complete name of the party expecting to execute any resulting contract with Duke. The proposal must be executed by a person who is duly authorized to bind the Supplier to a contract. 2.4.2 All proposals submitted in response to this RFP must be received no later than 4:00 PM EST July 2, 2007. 2.4.3 Duke will not accept proposals received after the specified date and time set forth in Section 2.4.2 for any reason, and said_ proposals will be disqualified from further evaluation. Duke Energy Carolinas. LLC Page 4 Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 2.4.4 Bidders are required to provide three (3) bound sets of all documents, including exhibits, as part of its proposal. It is further requested that multiple proposals submitted by each Supplier be identified separately. Proposals must be delivered to the following address: Duke RFP c/o Kathy Dunn Strategic Business Consultant Duke Energy Corporation MC EC12H 526 S. Church St Charlotte, NC 28202 Only hard copies of the proposals will be allowed. Emailed proposals will not be accepted as meeting the time requirements for submission. 2.5 Questions and Interpretation of RFP Duke requests that all questions concerning this RFP be submitted in writing to the e-mail address indicated in Section 2.2.1. Answers will be provided through written email correspondence or an addendum to the RFP to all bidders who have passed the prescreening process. Duke is not responsible for other explanations or interpretations of the RFP. Written questions will be accepted until 7 days before the proposal submittal deadline. Answers will be provided by e-mail to all bidders as quickly as possible. It shall be the obligation of the bidder to identify any conflicting statements, need for clarification, or omissions of pertinent data from the RFP before bids are due. Any questions not resolved by the bid date shall be identified in the proposal and a statement made as to the basis of the proposal. 2.6 Requirements of the Proposals Duke Energy Carolinas, LLC (Duke), is seeking Proposals for a supply portfolio of energy and capacity generated from existing or planned renewable and/or environmentally friendly sustainable sources including: • Wind • Solar • Biomass • Hydro - as certified by the Low Impact Hydro Institute, • Incremental Improvements in Large Scale Hydro, • Landfill Gas • Biogas Digesters • Biomass Co-firing of All Woody Waste including mill residue, but excluding painted or treated lumber Hydrogen derived from renewable resource Geothermal Ocean current or wave energy resource Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Page 5 2.6.1 Duke is interested in bids for both purchase power agreements (PPA) as well as asset acquisitions. However, Duke reserves the right to include a "regulatory out" provision in any PPA that will allow Duke, in its sole discretion, to terminate or modify the agreement if the agreement does not receive appropriate regulatory treatment. 2.6.2 All transmission interconnected resources bid pursuant to this RFP must be capable of meeting the requirements of a Designated Network Resource pursuant to the Duke Open Access Transmission Tariff (GATT). Duke does not propose to conduct interconnection studies or develop estimates of interconnection charges for bidders in the initial response phase of this RFP. Therefore, initial bids do NOT need to have submitted a Generator interconnection Request or Transmission Service Request under the GATT. However, bids that pass the initial screening may be required to submit an interconnection request or Transmission Service Request pursuant to the GATT and provide the results of such request to Duke to be included in the evaluation of the bids. 2.6.3 Duke needs up to 2100 MW of capacity by 2012 to meet its generation requirements. There is no predetermined limit on the amount of MWs that will be obtained pursuant to this RFP other than managing the generation requirements. However, Duke will only obtain those resources that provide value to the Duke portfolio of generating resources and its customers. In the determination of such value, Duke will consider the financial impact on Duke Energy and its customers as compared to investing in more traditional generation alternatives. 2.6.4 Bids can be from assets both inside and outside the Duke Control Area with preference given to assets in North Carolina and South Carolina. An additional preference will be given for resources located in the Northern part of Duke Carolinas service territory. See map below. Duke Energy Carolinas, LLC Page 6 Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Duke Energy Preferred Generation Area ":C~anvill~ vlRCwln ` ` PJORTH CAROLINA ;'~: . :-.; R Paul !::.~;~.~.; ~ ~_ .~ Il:,~m~.l ~,. _ ~ . ~t~.n,. rcw,'' ~ .~~ . AC;n G;xoi~ensk~nri~ ` ` C%;i _ ~rlHiiah P~iird n.,. ,~ c„~~~r Rnndnlp~rou~r ~ ~ ~ ~. ~. Cha;riarr. Coun.Y ~___~ ~ ~ ~Y ~ ~ ~ ~ Ga ' ~___~ ~~ 2.6.5 Bidder shall provide delivery to the Duke transmission system. All issues and costs associated with delivery to the delivery point, including congestion risk, losses, transmission costs, interconnection costs, or any other delivery costs, will be the responsibility of the Bidder. 2.6.6 The minimum contract acceptable contract term for any PPA is three (3) years. Contract terms up to 30 years will be considered. 2.6.7 Any bids containing assets or projects that qualify under any existing rate schedules have the option of participating in the RFP or participate on the existing eligible rate schedule. 2.6.8 Qualifying projects must have a nameplate capacity of 2 MW or greater and must be capable of delivering at least 3,500 MWH per year at the interconnection point. 2.6.9 Qualifying projects must be operational and delivering power no later than January 1, 2012 2.6.10 Bidders are advised that prior to Duke signing a power supply agreement, the Bidder will be required to provide substantial evidence of credit assurance. All forms of credit assurance will be approved by Duke Energy Carolinas. LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Page 7 Duke before entering into an agreement. The form and quality of credit assurance shall be approved by Duke and its lending institutions, as applicable, prior to further negotiations. 2.6.11 Proposals must be provided in the format outlined in Section 3.0. The content of proposal(s) shall be subject to the requirements of this RFP. Duke requests that all exhibits, documents, schedules, etc. submitted as a part of a proposal be clearly labeled and organized in a fashion that facilitates easy location and review. All proposals should conform, as applicable, to the requirements within this RFP. 3.0 Proposal Organization All Proposals should include the following minimum components in the order provided: 3.1 Executive Summary An "executive summary" of the highlights and special features of the Proposal. 3.2 Statements 3.2.1 A statement from the Supplier must be provided clearly indicating the time period during which the proposal will remain effective. 3.2.2 A signed Certification and Indemnity Agreement must be provided, which is to be completed entirely by the Supplier, a copy of which is attached hereto as Exhibit C. 3.2.3 All documentation and signatures required depending on the nature of the proposal must be provided. 3.3 Contract Terms A comprehensive listing and description, including a rationale if warranted, of all contract terms and conditions that the Bidder would seek during contract negotiations. 3.4 Proposal Limitations A listing of any economic, operational or system conditions (including sensitivities to anticipated dispatch levels) that might affect the Supplier's ability to deliver energy as offered. 3.5 Relevant Experience A description of transaction experience with similar products as well as references for similar transactions. Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 3.6 Cost Proposal Page 8 Information on the cost of the product or acquisition price must be provided. Information shall be included as discussed in Section 4.1. 4.0 Proposal Content For consideration in the evaluation process, proposals must contain the information outlined in the following paragraphs and any applicable information as specified in Exhibit D. 4.1 Price Proposal Proposals must provide a detailed description of the pricing terms and conditions. For consideration in the evaluation process, proposals must contain the information outlined in the following paragraphs, as applicable. 4.1.1 Contract Purchase The Bidder must demonstrate that it has the requisite regulatory authorization to make sales contemplated by its proposal. 4.1.1.1 The fixed cost for the bid shall be provided for each year of the agreement. 4.1.1.2 Proposed energy rates shall include all fuel; startup, losses, ancillary services, transmission and other charges associated with delivery to designated delivery point. 4.1.1.1.1 The Bidder shall provide the initial energy rate and applicable formula for escalation, if any, with proposed indices or a schedule of energy rates for the proposed contract term. Where the energy rate is a function of the price of coal, natural gas, or any other commodity, Bidders shall use an industry- accepted standard basis to build the energy rate, and shall specify the index, type of fuel, and any transportation costs. 4.1.1.1.2 The actual hourly delivered energy, in any month, shall be determined in accordance with the metering procedures as set forth in the contract which will be negotiated between Duke and the successful Bidder. 4.1.1.3 As applicable, the Bidder's proposal should include all formulae that will be used to calculate the full energy rate, or any other rate that the Bidder may specify, with all its Duke Energy Carolinas, LLC Page 9 Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 respective components well defined. A sample calculation illustrating the application of each formula is also required. 4.1.1.4 The Bidder must provide a printed schedule projecting for each contract year, quarter, or month, as appropriate, depending upon how frequently the Supplier's rate(s) or its respective components will be updated, for the full term of the proposed contract of the following: 4.1.1.4.1 energy and/or capacity payment It is the Supplier's obligation to provide sufficient explanatory information to allow Duke to replicate this schedule. 4.1.1.4.2 projections of any independent variables that are to be used in the calculation of payments 5.0 Proposal Evaluation and Contract Negotiations 5.1 Screening 5.1.1 After the proposal submittal deadline, the proposals will be reviewed for completeness and responsiveness. 5.1.2 An initial screening will be developed to identify those proposals that meet the minimum criteria. These minimum criteria will include the following: a. The proposal is from a Bidder that submitted a Notice of Intent to Bid form and successfully passed the credit screening. b. The proposal provides substantially all the information outlined in Part 3.0 and Part 4.0. c. The proposal designates a specific delivery point. Those proposals not considered to meet the required threshold will be rejected. Notification will be provided to the unsuccessful Bidders. 5.1.3 Duke may request that a Bidder provide additional information or clarification to its original proposal. Duke shall make such requests in writing and will also specify a deadline for compliance. Failure to provide the requested information or clarification by the deadline will result in the disqualification of the proposal. 5.1.4 Duke may select any number of proposals for further consideration. Further, Duke may at any time withdraw and terminate this RFP pursuant to Section 2.1.1, as it, in its sole and exclusive judgment deems appropriate. Duke Energy Carolinas. LLC Page 10 Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 5.2 Short List Development 5.2.1 After the initial screening, the remaining proposals will be evaluated based on present value economic analysis, cost of delivery, contract extension options, relevant experience, or other evaluation criteria. The short list will be developed based upon the results of this initial analysis. 5.2.2 During the evaluation process, Duke may choose to initiate discussions with one or more Bidders and to obtain refreshed pricing. For purposes of this RFP, discussions shall simply indicate Duke's interest in a particular proposal and its desire to obtain from the Supplier additional detailed information that may not necessarily be contained in the proposal. Discussions with a Bidder shall in no way be construed as commencing "negotiations" with a Bidder. Duke intends to use such discussions as a method of reducing the number of proposals to those, if any, that it determines warrant further evaluation and, possibly, contract negotiations. If Duke intends to initiate discussions, it will notify the Bidder of such intention and require the Bidder of such proposal to confirm, in writing, the offer and representations contained in its original proposal. 5.2.3 If Duke is not interested in a particular proposal, it will notify the Bidder as soon as practical after such determination is made. 5.3 Contract Negotiations 5.3.1 The Bidder will be notified in writing of Duke's interest in commencing contract negotiations with that Bidder. Duke's commencement of and active participation in such negotiations shall not be construed as a commitment from Duke to execute a contract. If, however, a contract is successfully negotiated, it shall not be effective unless and until fully executed by Duke in accordance with its procedures and any and all required regulatory approvals have been received. 5.3.2 Duke reserves the right at any time, during contract negotiations, at its sole discretion, to terminate or, once terminated, to resume negotiations with a Bidder. 5.3.3 Duke may require that certain provisions be included in its contracts. Such provisions may include, but are not limited to, financial assurance (depending on the financial means and historical performance of the Bidder), indemnification, liquidated damages for non-performance, ability of Duke to reassign its entire rights, or a portion thereof, to the contract to another party, and a "regulatory out" provision. Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Page 11 5.3.4 This RFP contains general guidelines and requirements for developing and submitting proposals. Nothing herein shall be construed to bind Duke unless and until a contract with a Bidder has been successfully negotiated, executed, and is effective. Once effective, the contract will govern the relationship between and responsibilities of the parties. 5.3.5 The costs for responding to the RFP are the responsibility of the Bidder. Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Exhibit A Schedule Page 12 The schedule as outlined below and referred to throughout this document is based on Duke's expectations as to the release date of this RFP. Release of RFP Aril 20, 2007 Notice of Intent to Bid Ma 21, 2007 Bidder Conference TBD Pro osal Submittal Deadline Jul 2, 2007 Initial selection of Short List Au ust 31, 2007 Duke and Bidders negotiate and execute Agreements pending Regulatory Approval; Duke submits A reements for Re ulator Approval By December 31,2007 Duke reserves the right to extend or otherwise modify any portion of the schedule or terminate the RFP process at its sole discretion. All parties that have submitted an Intent to Bid as described in Section 2.3 will be notified in writing of any changes to the schedule that occur prior to completion of the evaluation phase. Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Exhibit B NOTICE OF INTENT TO BID Due May 21, 2007 Page 13 CONTACT INFORMATION Company Contact: Name Title Telephone /Fax E-mail Mailing Address Signature of Respondent Date Fax: 980-373-5393 Duke Energy Attn: Kathy Dunn Duke Renewable RFP Email: khdunn@duke-energy.com Duke Energy Carolinas, LLC Page 14 Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Exhibit C Certification and Indemnity Agreement THIS CERTIFICATION AND INDEMNITY AGREEMENT ("Agreement") is made and entered into this day of , 2007, by and between duke Energy Carolinas, LLC ("Duke") and , ("Supplier"). WHEREAS, Supplier has submitted a Proposal to Duke in response to Duke's Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 ("RFP"), and WHEREAS, the RFP provides general guidelines for the development and submission of such Proposal and entails the evaluation of such Proposal on the basis of its individual characteristics, as assessed by Duke in accordance with economic assessments and operational considerations, and other pertinent factors, and WHEREAS, Duke will rely on the information set forth in the Proposal when making its assessments and determinations. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Supplier hereby certifies and agrees as follows: Certification Supplier hereby certifies, represents and warrants Duke as follows: The Supplier understands that Duke will rely on the representations contained in the Proposal and this Agreement in its evaluation and consideration of proposals submitted pursuant to the RFP. The Supplier further understands that its inability to substantiate and verify any such representation may result in the termination of further consideration and/or evaluation of the Proposal. All such representations made in the Proposal are true and accurate to the best of the Supplier's knowledge and belief. Covenants The Supplier covenants that: At its own cost and expense (including reasonable attorney fees), Supplier shall defend Duke and its respective subsidiaries, affiliates, successors and assigns, and each and every one of its respective past, present, or future officers, directors, trustees, employees, shareholders, executors, administrators, successors, and assigns, from and against any and all manner of past, present, or future claims, demands, disputes, controversies, complaints, suits, actions, proceedings, or allegations of any kind which in any manner relate to, arise out of, or result from any false statement in the Proposal or breach of any covenant or representation set forth in this agreement by the Supplier. Duke Energy Carolinas, LLC Page 15 Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Successors and Assigns If the Supplier transfers the ownership, or an interest therein, in the Supplier's rights, interests or property, whether real or personal, the Supplier warrants that such transfer shall be pursuant to a transfer agreement that shall provide Duke, subsidiaries, affiliates, successors and assigns, and each and every one of its respective past, present, or future officers, directors, trustees, employees, shareholders and agents, as well as their heirs, executors, administrators, successors and assigns with a degree of protection at least equivalent to that afforded them under this Agreement. Certified and Agreed: By: Title: Date: Attest: Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 Exhibit D Bidder Response Package A. General Information Project Name: Project Location: Offer Type (PPA or Sale/Purchase): Project Status: (New or existing) Project Term (Start/Stop): Technology: Page 16 Electrical Interconnection Location (Owner of interconnection point, transmission or distribution line) Delivery: Duke Energy Control Area Term: (A minimum of 3 years) Brief project Description (include proposal overview, current facility status, expected facility life, general description of agreements or rights in place, facility size, type, and manufacturer of technology, current project developer experience, and environmental benefits of project: Duke Energy Carolinas, LLC Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 B. Operational Information Net Capacity (based on Summer peak conditions on 3:00 PM - 7:00 PM): (At minimum of 2 MW) Expected Annual Energy: (At minimum of 3, 500 MW) Baseload/Intermittent/Peaking: Dispatchable/Nondispatchable(must take): Expected Capacity Factor: Primary Fuel Source: Secondary Fuel Source: Availability (%): Heat Rate (BTU/kwh(HHV)): Forced Outage Rate (%): Minimum Run Time (hrs): Minimum Down Time (hrs): Planned Outage Rate (%): Page 17 Duke Energy Carolinas, LLC Page 18 Request for Proposals for Renewable Energy Resources Beginning January 1, 2008 C. Energy Profile Please provide a generation profile forecast of each month's average-day net output energy production, stated in MWs by hour and month. Month 0100 0200 0300 0400 0500 0600 0700 0800 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month 0900 1000 1100 1200 1300 1400 1500 1600 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month 1700 1800 1900 2000 2100 2200 2300 2400 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Doke Energy Carolinas. LLC Request for Proposals for Renewable Energy Resources Beginning January 1.2008 D. Pricing Information: a. Purchase Power Agreement (PPA) Capacity Pricing ($/kw)/year Capacity Price Escalation per year (% or index) Energy Pricing (~/kwh) Energy Price Escalation/year (% or index) b. Sale/Purchase Capital Cost: Closing Date: Primary Fuel Pricing: Secondary Fuel Source: Secondary Fuel Pricing: Variable O&M ($lkwh): Start Cost (~/turbine/start): Fixed O&M (~/kw-yr): Page 1 y BEFORE THE FEBERAL ENERGY REGULATORY COMMISSION APt~'LICATION FOR PRELIMINARY PERMIT ~~. f.. c::°. - ~ i.? ~ ~'C~_ ~ ~ri~I FOR THE ~~~~ --~ -~ - ca ~~~'r , ,_.., ~, r i ~'~ ~ ~~ ;:, - ~. cnG_, ~ ~ CJ) ~ DILLSBORO c' T HYDROPOWER PROJECT JACKSON COUNTY GOVERNMENT, NORTH GAROLI NA SEPTEMBER 2007 TABLE O~ CONTENTS Initial Statement ................................... ............. 3 ............ 5 Exhibit 1 -Description of Project ............. Exhibit 2 -Study Plan ........................................ 8 Exhibit 3 -Statement of Casts and Financing ..... 9 Exhibit 4 -Project Maps ........ ..~•.•••••••••••••••~••••~ 9 Section 4.32 Information . ..............." ............,..,. 11 Verification Statement ........................... ~ .......... 13 Attachments: Map I Vicinity Map Map fl Principal Project Features and Photos from 2004 Public Operation Rcpart Map i11 Proposed Project Boundary Proposed fish passage facility and kayak portage facility INITIAL STATEMENT APPLICATION FOR PRELIMINARY PERMIT 1 j The Jackson County Government of North Carolina herein applies to the Federal Fnergy Regulatory Commission for a Preliminary Permit for the proposed Diilsboro Hydropower Project, a water power project, as described in the attached exhibits. The application is made in order that the applicant may secure and maintain priority of the application for a license or other development application for the proposed project under Part 1 of the Federal Power Act while obtaining the data and performing the acts required to determine the feasibility of the project and to support an application for a license or other development application. 2) The location of the project is: State: North Carolina County: Jackson Township or other nearby town: Dillsboro Stream: Tuckasegee River 3) The exact name and business address of the applicant: Jackson Count Government c/o Kenneth L Westmoreland County Manager 401 Grindstaff Cove Rd Sylva, NC 28779-3250 The exact Warne, business address, and telephone number of the persons authorized to act as agent for the applicant in this application are: Kenneth l_ Westmoreland County Manager Jackson County Government, North Carolina 4Q1 Grindstaff Cove Rd Sylva, NC 28779-3250 Tel. (828) 631-2295 All correspondence and service of fillings with the Commission must be sent to the following persons: -3- Kenneth L Westmoreland County Manager Jackson County Government, North Carolina 401 Grindstaff Cave Rd Sylva, NC 28779-3250 And Paul V. Nolan, Esq. 5515 17th Street North Arlington, VA 22205-2722 Tel, No.; 703-534-5509 Fax No.: 703-53$-5257 Email: pvnpvn@aol.com 4) Jackson County Government is a governmental entity of the State of North Carolina. Municipal preference under Section 7(a) of the federal Power Act is claimed. 5) The proposed term of the requested permit is 36 months, 6) The existing dam is owned by or may be owned by the successor-in-interest to: Duke Power, a division of Duke Energy Corporation, Nantahala Area 301 NP&L Loop Road Franklin, NC 28743 7} The existing hydroelectric facilities and property are awned by Duke Power, a division of Duke Energy Corporation, Nantahala Area and may be owned by Duke Energy Carolinas, LLC. -4- EKHIgiT 1: PROJECT DESCRIPTION {1){a} General Description of the Existing Project The proposed development consists of an existing reservoir, dam, and powerhouse plus a small amount of land surrounding the dam, tailrace, and reservoir. Duke Power, and or its successors-in-interest ("Duke Energy"), owns approximately 17 acres of land within and adjacent to the project. The Dillsboro Reservoir has nearly 2 miles of shoreline. The current project, which had been licensed, does not operate. Previousiy the project, depending upon the time periods selected, had an average annual generation of 900,000 to approximately 1,200,00 kWh. The proposed project is expected to generate 3,000,000 to 3,500,000 kWh, The studies to be conducted for proposed project also encompasses an alternative ("Downstream Powerhouse") for a powerhouse located downs stream of the existing project using the Dillsboro Dam and Powerhouse as an intake structure and for incremental generation. The Downstream Powerhouse project is capable of generating approximately 4.0 MW of capacity with an expected annual generation of 18,000,000 to 22,000,000 kWh. The existing darn is a concrete masonry structure about 310 feet long and 12 feet high. The main components include a concrete non-overflow section with the crest elevation 197$.2 feet, an uncontrolled 14 foot wide spillway section with a crest elevation at 1972.0 feet, a 20.0 foot wide spillway section with two six foot spill gates, a 197 foot uncontrolled spillway with a crest at 1072.0 feet, a 64.4 foot wide powerhouse with a concrete substructure, an 80 foot long intake section, and a concrete non-overflowing section with crest elevation at 1980 feet. The existing powerhouse consists of a reinforced concrete substructure and a wood-steel superstructure. Inside the powerhouse are two generating units. The unit closest to the open spillway, Unit No. 1, consists of an S. Morgan Smith vertical Francis-type turbine rated at 276 hp under 12 feet head and 225 rpm. It is connected to a 219 kva Westinghouse generator at 0.80 power factor and a DC exciter. UniE No, 2 has a Leffel Type Z turbine rated at 44 hp under 12 feet head and 20 rpm. It is connected to a 62.5 kva General Electric generator at 0.80 power factor and a DC exciter. Each unit is set in an open pit configuration. The rated hydraulic capacities of the turbines are 190 cfs. for Unit 1 and 44 cfs. for unit 2. Additional information regarding the existing project works is available in a Special operation Report filed with the Commission by the Atlanta REgianal Office (Accession no. 20030328-0356 in docket P-2602, public document}, This document -5- contains drawings and photos of the existing facilities, some of which are included in this application, (b) General Description of the Proposed Project The existing project works have not operated since September 2004 and at a significantly reduced level of production prior to 2004. The existing installed capacity of the hydraulic turbines is less than 235 cfs. This is well IE5S than 50 percent an the annual flow duration curve, Consequently there is a substantial amount of flow that can be used to generate power, In supported of this application and incorporated by reference is the following CEII Material; The July 17, 1981 Nantahala Power end Light Company's study of the feasibility of increasing the pillsboro project's capacity including an alternative for a down stream powerhouse with significantly more installed capacity and power production. The proposed new project facilities include the installation of one or more new turbine-generator units within the existing powerhouse or a new powerhouse with a total capacity of approximately 750 to 900 kWs. The alternatives to be investigated for the proposed 750 to 900 kW proposed project are as follows: a. Proposed Project: Rehabilitation of Existing GenerationlTurbine Units and New Unit in Open Turbine Bay. This proposed project should provide, at a head of 12-feet, and utilizing a flow of approximately 500 cfs. will result in an installed capacity of 450 kW and an expected annual generation of 1,500,000 kWh. b. Alternative 1: Rehabilitation of One Existing Generation/Turbine Un'rt and Two New Turbine Generator/TurbineOnits in one exiting bay and the open bay. Vertical and or horizontal units will be assessed. This proposed project alternative should provide, at a head of 12-feet, and utilizing a flow of approximately 650 cfs. to 900 cfs, will result in an installed capacity of 550 kW to $00 kW and an expected annual generation of 2,500,000 kWh to 3,100,000 kWh. -6- Alternative 2 a and b : Rehabilitation of One Existing Generation/Turbine Unit and Twa New (a) VERTICAL or (b) HORIZONTAL Turbine GeneratorlTurbine Units in one exiting bay and the open bay. This proposed project alternative should provide, at a head of 12-feet, and utilizing a flow of approximately 1,000 cfs. will result in an .installed capacity of 900 kW and an expected annual generation of 3,500,OOa kWh d. Alternative 3: Construction of a new downstream power house with new generator units. The applicant proposes the assessment and possible development of a downstream project with an approximate net operating head of 60 to 80 feet, an installed capacity of 3.0 MW to 4.5 MW, and average annual generation of 18 GWI-i to 22 GWH. The existing units would be returned to operation for the provision of minimum flows, generation when the down stream plant is down, etc. A penstock would run from the existing powerhouse to the downstream plant. This proposed alternative is not included in the permit's project boundary. Should this alternative be selected for development a subsequent permit amendment will be filed, (2) Project Reservoir The reservoir referred to herein as Dillsboro Reservoir has a surface area of 15 acres at full pond elevation 1972.0 feet and is approximately 0.8 miles iong. The drainage area upstream of the dam encompasses 290 square miles, Under one or more of the proposed alternatives, a fish passage facility capable of passing kayaks will be added at the left bank. Conceptual drawings are attached. Further, base upon one or mare alternatives, the height of the dam may be reduced and/or a portion thereof replaced with a rubber dam to facilitate the seasonal passage of downstream flows and/or high flows, (3) Transmission Line(s) The project is an interconnect to a Duke Power Company three phase -7- 12,470 volt distribution line ioaated at a pole next to the powerhouse. The proposed studies will evaluate the capacity of the existing distribution line to determine its suitability for use to transmit the power from the new unit, Studies of additional interconnection alternatives may be undertaken as necessary. (4) Energy and Capacity The average annual generation for the Dillsboro Hydropower Project is estimated to be approximately at 3,200,000 to 3,600,000 kWh. This is approximately 3.5 times as much energy as was produced at this site until 2004. If the downstream powerhouse alternative is selected then average annual generation I s expected to be in the range of 18,000,000 to 22, 000,000 kWh. (5) Lands of the United States While the project will not use any lands owned by the United States, lands near the project are owned by the United States and administered by the US Forest Service. These lands are a part of the Nantahala National Forest. (6) Public Interest The restoration of the site to the predication of renewable power as proposed by this application will displace both natural gas and anal fired generation, the project will result in significantly less carbon dioxide, oxides of sulphur, and oxides of nitrogen emissions into the atmosphere, In addition, the rehabilitation and enhanced operation of the project will have a strong positive economic benefit to the local community through increased property taxes, employment, tourism, etc. The project will provide needed capacity and energy in the southeast. The project will provide enormous environmental benefits which cannot be economically acquired in any other manner. Far example, the applicant estimates that the project will prevent the following amounts of pollution' from entering the '/ NOx -Nitrogen Oxides such as nitrogen dioxide. SOx -Sulfur OxidES such as sulfur dioxide. COx -Carbon Oxides such as carbon dioxide . -8- atmosphere on an annual basis: NOx 15,000 pounds SOx 23,000 pounds COx 6,600,000 pounds Over a 40 year license term, the total amount of pollution prevented from entering the atmosphere will be; NOx 600,000 pounds SOx 920,000 pounds COx 26,400,000 pounds While no estimates of additional pollutants such as mercury and small particulates had been made, clearly these pollutants will also be prevented from being released to the atmosphere. Operation of the project, a renewable source of energy, will save the equivalent of approximately 1,850 barrels of oil or 6,450 tons of coal per year. The downstream alternative wiil save approximately sis to seven time those amounts. -9- EXHIBIT 2 STUDY PLANS The investigations preceding the submission of a license application far the construction of hydroelectric facilities will occur in two phases. Phase I will be a full scale feasibility study to determine the technical, economic, financial, environmental, legal, and institutional feasibility of the proposed additions. Phase ll will be the studiES and coordination necessary to prepare an application for a license, Detailed design and related investigations will follow only if a license granted. The strategy for preparing the feasibility study and license is to formulate a power project that is consistent with modern concepts of water resource planning and management. Of necessity, this study will encompass multiple water, land and air resource objectives such as recreation, water quality, air quality, and fish and avildlife issues. The final recommendation will then be that which most fully develops and conserves the water and related land resources of the affected region. The project coordination with various federal, state, and local agencies will be initiated upon issuance of the permit and will continue through the completion of the license application and beyond, No new roads are expected to be built for the purpose of conducting the study or preparing the license application. No new dam construction is expected far which the studies will require test pits, borings, or other explorations. However, if field explorations are required, the activities would cause only minor alterations or disturbances of lands and waters, and that any land altered or disturbed would be adequately restored. project pevelc~pment Schedule In the performance of detailed planning for licensing, the applicant has developed a preliminary project development schedule. The schedule outlines the expected time of filing a license application with the Commission and for the commencement and completion of studies, and investigations to be performed during the term of the permit. Project Planning & Feasibility Stage FERC License Development Evaluate Existing Studies & Commence Com lets (Months from issuance date of Permit) ~ 18 -10- First Stage Consultatian 12 24 Secand Stage Consultation 18 32 Power Marketing 12 36 Project Finance 12 36 File License Application 30 36 EXHIBIT 3 STATEMENT ~F COST AND FINANCING 1. The estimated cost of completing the studies and investigations is $100,000. 2. The expected source of financing to conduct the studies is the applicant. 3. The applicant will produce power by creating a project that will utilize a renewable resource at an existing dam. Power produced from the project may be sold to a wholesale electric utility, a private entity, and a public agency or, depending upon the state and national deregulation status of the electric power industry, used by the applicant. Based upon studies conducted to date, net project revenues are expected to be adequate to construct and operate the project. BXHIBIT 4 MAPS AND BOUNDARY iNFQRMATION 1. A vicinity rnap is enclosed (Map I). 2. A map is enclosed that shows the relative locations and physical interrelationships of the principal praject features (Map I I}. 3. A map is enclosed provided which shows the proposed project boundary (Map III). The proposed boundary inciudes only those areas necessary for the additions as proposed above. 4, There are no areas within or in the vicinity of the proposed project boundary that have been included in or have been designated for study far inclusion in, the National Wild and Scenic Rivers System. 5, There are no areas within the project boundary that, under the provisions of the Wilderness Act, have been: i, Designated as wilderness areas; ii. Recommended for designations as wilderness areas; or iii. Designated as wilderness study areas. -12- Section 4.32 Information a.1. The Jackson County Government, NC is the only entity that hes or intends to obtain and will maintain any proprietary right necessary to construct, operate, or maintain the project; a.2.i. Jackson County, NC is the only county in which any part of the project would be located. Its address is: Attn: Mr, Kenneth Westmoreland, County Manager Jackson County Government 401 Grindstaff Cove Rd Sylva, NC 2$779-3250 a.2.ii.a . Ail of the project's features will be located in the following city, town, ar similar local political divisions: Kenneth ~. Westmoreland County Manager Jackson County Government, North Carolina 401 Grindstaff Cove Rd Sylva, NC 28779-3250 To4vn of Dilisboro Attn; Herb Nolan, Town Clerk Jean Hartbarger, Mayor 42 Front Street P.a. Pox 1088 Dillsboro, NC 28725 a.2,ii,b. The following towns have a population of 5,000 or more and are located within 15 miles of the project's reservoir: None. -13- a.2.ii.c, The following are the irrigation district, drainage district, or similar special purpose political subdivision, in which any part of the project, and any federal facilities that would be used by the project, would be located, or that owns, operates, maintains, or used project facilities or any Federal facilities that would be used by the project, None. iv, The following are the other political subdivisions in the general area of the project that the applicant is aware of that would likely be interested in, or effected by the application: Town of Sy1va Attn: Mayor Brenda Oliver PQ Box 36 Sylva, NC 28779 3.i.a. Property owners of alE project lands and existing facilities: Duke Pawer, a division of Duke Energy Corporation, Nantahala Area 301 NP8~L Loop Road Franklin, NC 28734 State of North Carolina Department of Transportation Office of the Secretary 1500 Mail Service Center Raleigh NC, 27699-1500 Thomas J. Walker, Jr, Dillsboro Inn 225 River Road P,O. Box 270 Dillsboro, NC 2$725 -14- VERIFICATION IN WITNESS WHEREOF, the applicant, Jackson County Government, NC has caused it name to be hereunto signed by Mr. Paul V. Nolan, its authorized limited representative, whose duties include responsibility for making the instant application this 18`h day of September 2007, Paul V. Nalan 5515 17`h Street North Arling#on, VA 22205-2722 Commonwealth of Virginia ss.: COUNTY OF Arlington Mr. Paul V. Nolan, being first duly sworn, deposes and says: That he is the duly authorized, limited agent of the Jackson County Government, North Carolina, the applicant for a preliminary permit, and is authorized to execute this application on the applicant's behalf; that he has read the foregoing application and knows the contents thereof; that the same are true to the best of his knowledge and belief. . --~) j c-/ ~ r Paul V, Nolan, Agent fpr Date 1 ~~81~'~% Jackson County Government Subscribed and sworn to before me this Notary Public ~} l My commission expires: ~r f ;,1~,~~ 1 ~ day of S~.y•Icw~ L~•• 2007. ,u,,, I u, u!u/, \\\\~~~~,~p,N ESy~'~~ii,~ ~:Gp , Pi,~1 S.. ~ ~ ~ _ ~~~/i NOTARY P~ ~~`~~,~ ~~~/1l l!l l l 111 ~ ~ ~ ~ ~~\`\ -15- Jackson County Government North Carolina Application For A Preliminary Permit Dillsboro Hydropower Project Map 1 VICINITY MAP -16- ~ ~~ ~~\ ~~~ '~ ~r r ~' ~ f J~ ~ '~~~~ f+ f_ ~ `~ ~~ ~ ~, y ~ ~~ ---~ f~f r .-~--~-- ti~1 u ~ t' ~~ _~ `-~ « ~ r S ~ ^ii~ ~````~~((/N r~~ ~~ 1'~.-,-1, 1~ r~ `` ~ ~t ~~~~~ i~ ~ 'ti -..~ , ~ -.~ ,~ y ~t rt ~~ `` ~~~ tt .J ~ 1~ ~.... ~: ~~~ I~~ d~ ~~ yy Jti .° ,~F` 1 f ~~ ~, 1 1-' !j / _- rr cv ~~~ fJ ,.~ } ~ ,~ '~.- .~ ~~~;- ::~ o ::.,~~~ ~,~ i _ r'„ ll ~'~~' f.J ,r-, /r I f~` 1 ~ ~ T% rte' `~ ~\~-. \ k~ ~% l ~.` A~._~'' ~. ~' ~~,,, 1r ~j ~ ~ S L y~. .~ v, i11 1/ 1 _; ~ ~ - ~ Jackson County Government North Carolina Application For A Preliminary Permit Dillsl~aro Hydropower Project Map II PRINCIPAL PROJECT FEATURES ANa PHOTaS FRC1M 20x4 PUBLIC OPERATION REPORT ^~ ~ F ~ s- ~• rte- ~ N ~n _O G Q V ~ v u ~ '' ~. °~ ~ ~. ~ a y U C :~ G C„J z ~. y C ,~ z ~:~ ~~ w L c~ ~~ a •'1 iJ f ~, G: 4-1 L=. ~. ij .7 i `1 i'J ' - ~~~~ .,., - - ..,.. t VRQ1ECi AREA a J t 9 15 it I - -~.- l .. ~ F ~~'ii - i ~.wd~-• - ~ i ~. ~'_ Gr~?€ S~QkY.Nfour~i~in~s.t~a#~ n~~ Falk 1 r ,~- yz _ m >+> ~ ~ Y1. iu = - aJ s1's SLZ ~s Cherokee ~~ „ ~ ~ ~,~'~ _ -~ ~~ v:,-~ir.lo-e. kj~tsjy~,~-F s. - 't 4'L~ ~~.~-`~ Z'- ~ ~ ~,~.,~r+iari'~;,Ax.rc ~'oatcaw ~vri~+owi~~fl ~~y~~~G'~3w'v+ '~ ~.. +, oo., ovary sw~[.~t L. rw~ r~ _ ~ GiFM+4E W'~-ys7 `s >~`~`~~_ 4i~ k _ rF~i-~[~"~j~ 1~ `s,{ \~ ~-ivx~.'~E'~~r .3~rs K s ~. ~~~,o,,,,;,._ _.,, ~:, ~~'h'~r:tahala t~FafioR~l Forest _ _ -L - _ r __.~_____.._ .~.~_ ~ -." _ 1 - ~~'_ ~~-. _ 1 I~~ _ - __ _- '- ~~~~It~+I:~~~~fif~e ~•~.atir~~a1 Fnrez# -_- -, - - - i -eJ _ _ \ - ~" 1 _ ~~==J f~- , - - _. 7ti {f , } ~ r~ ~ -~ _ _ -- -~ :y fl-vrs £i.l-i ~:nn~l V~:.J n:s.l r~~ Slip ~;~ i,__ -. -. ?` . ~ ;e%: "'Vr'ci:C (=~SiC )3i 39, ;'OU'? 111 UoCkeC#~, P-2603-000 t'rojcct Na 2(~0?. Name of Project Dillsboro ~7ame nt Developmenf(5)DillSboYo .r^~ - ,~ ~ I~W47OGF2APH ~..aGATI(~d1 MAf' ~ -~. ~' ~71~ts~or~t~ pN 26t~2 ~ hhDZ~!! a J .a a N W ~ ~ ~# d [1 K ~ ~ = N r Z ~ ~ Y .-- a ~ ~ ~ CK ~ _ m ~' R a 0 u,ti,r~ ¢}{~ , r -,°~ ~ ~ ~ W ~ ~ W ; ~ ~ -- ~~j F: ... `il`F~.1 L,Y _ R; (lc'Gi_ .., ~.. i ~,i l._ _: CiOc: ~'~. F,. ff L~ _.: (. ~•. i~. `~ Project Nu 260?. Name of Project Dillsbora Namc of De~'elopment(s)Dillshoro 0030328-0356 Photograph 1 Dillsboro dam and ~owerh~ntse tailrace, Mote high flows from recent rainPalJ. ;~) r'_"~.~-.~,_~h Z~.,,_-, ci ~~y eE9.~' i~~EC 03 ~•1./??03 iri Dr,C!:eC# P-;'6`.1 ,-.-GUD T'roject Nu 2602, ~1amC of Project Dillsboru Nance of Develop~nenl(s)Dillsbnro bar? k, P'hoto~;raph 2 Upstream side of Dilishoro dam and powerhouse as seen from the right .t. L'0-~- ._-;35n I.~.-,u,d by ?ERC )c~EC 0~~~4/~0~3 ir. '";rck:eCx. G-'LU:3-Gpp Project \0 2G0?. 1~'ame of ProjCCt Dillshoro :1CL Photograph 3 Dillsboro ~owcrhouse interior, both units visible. Jackson County Government North Carolina Application For A Preiiminary Permit Diilsboro Hydropower Project Map iii PR(~P(JSED PRC3~lECT BaUNDARY MAP Unofficial FERC-Generated PDF o~ 20060728-0226 Received by FE RC OSEC 07/ 6/2406 an DocketN: P-127,~,Q_pnf,~^ ^ UnoffiCiaW r'6'RC-Generated PUF of 20060726-0226 Received by FExC USEC o7/26i200fi ir. Uockett~: P-12,20-Oppr1~ I ~~ ~~ ~ ~~ ~ j' ~ ~ -'~ ~.. ~ ~ ? ~ .•. 4. -LDiE-d =S]*7I~G n~ ~POa/et/Cb ~afo pa/11 ~4 1~~5~~ ~giD0.Yb40~00E 3a lOd q~~~~aMO-~7ta/ ZRe~S]3~A ,,.ter n~aan nn Z3 ~Q PanTao°~I L600~LOZLtr00L 3n 3dd Pa~elaua~j-~233d T T~T3,7~ufl Jackson County Government North Carolina Application For A Preliminary Permit Dillsboro Hydropower Project PI~oPoS~l~ FISH PASSAGE FAGILITLY ANa KAYAK PoI~TAGE FAGILITY Unaff.icial FERC-Generate8 PDF of 2006072$-0226 Received by FERC 0$RC 07/26/2006 in Docka~N: P-12']20-pb0~ Suggested Fish Passage Device for Dillsboro Dam Roof Ra~x~p ~'ish,way Plan view Dam Crest I°`' Dahl Apron I-3' Boulders ' evith I "- G" Cobble ~~~ >,J T=idy Ftc.li~gc Pool 5~111Ce gate Arched Boulder Weirs c~~ ~ ~ ~ Ux~-o O ~ ° ~~ ~ o 0 Un4~'wicial F'EEc,-~~en~r~ted YDF of 2006U7,~.B~0226 Rec+~iv2d by FERL ~SEr U7/,~,F/2006 it Joer_etp: P-127tip_000`~ Llno~ficia~ FERC-Generated Pp~ of 20060728-U'~~fi ~eCeived by FEixC OSEC 07/25/X05 in DacYet~: P-12720-0 ^.,0.~~ Jackson County Government North Carolina Application For A Preliminary Permit Diilsboro Hydropower Project July 17, 19$1 Fe~$ibility Report (Incorporated by Reference'} * Please Obtain Under cE[I Regulations PAUL V. NOLAN, Esq. 5515 North 17th Street Arlington, Virginia 22205 Admitted D.C. Bar Energy Practice Limited to State and Federal Agencies Wednesday, October 24, 2007 Via Email Mr. William Guey-Lee Chief, Engineering & Jurisdiction Branch Division of Hydropower Administration and Compliance Work: (703) 534-550 Fax: (703) 538-5257 Cell: (703) 587-5895 E-mail: pvnpvn@AOL.com Truck: 703-946-8153 R~: Project No. 13024-OOO~North C~r~~olina Dillsboro Hydroelectric Project Jackson County Government, North Carolina October 16, 2007 Rejection Letter for Preliminary Permit Application REQUEST FOR RECONSIDERATION AND CLARIFICATION Dear Mr. Guey-Lee: The Jackson County Government ("County") is in receipt of your letter of October 16, 2007 rejecting for filing the County's permit application for the Dillsboro site, which proposed redevelopment of the site of the Dillsboro dam and powerhouse and proposed three alternatives for further consideration. In response to your letter, the County requests reconsideration and clarification of several statements made therein. The County also submits herein its clarification regarding the need for or use of existing civil works located at the site. Stated as clear as possible, the County will proceed with the licensing or exemption from licensing of the site with or without the current civil works in place. Therefore, the application as set forth herein is clarified. No less effort is demanded by the cun-ent drought conditions in North Carolina, the need for renewable power in the Local vicinity ,which comports with recent State legislation encouraging small hydro power and other renewable projects, diversity of power sources, reduction of the Cou~Itry's use of foreign oil, which recently has exceeded $80.00 per barrel. Moreover, the redevelopment of the Dillsboro to its full hydroelectric potential site is necessitated by the recent proposals by Duke Energy to construct coal and nuclear projects, which will increase local energy costs if not abated by local sources of green power, of which Jackson County is a recognized proponent of in light of its recent national awards for the development of a Green Energy Park. See attached EPA award notice. Existing Dillsboro Project. Your letter refers to the proposal to develop generating capacity at the existing Dillsboro Project No. 2602. (Par. I). Please clarify what is meant by "existing." The generating facilities located at the powerhouse have not operated since 2004. ~ There are no existing facilities that are operable and have been inoperable for several years. If you are referring to the project's FERC license in the context of existing, then whatever happen to implied surrender? See, e.g., SR Hydropower, Inc. rn~d SR Hydropower- of Broclwnv Mills, Irrc., Project No. 3131, 86 FERC ¶61,279 and subsequent history resulting in a new licensee and project restored to operation), and Montana Power Cona~ar~}' crrad Gr-a~rite Cou~~ty, Morrta~~a, Project No. 1473-00662 FERC 1161,166, wherein the Commission stated: The implied-surrender provisions of Article 30 are invoked only when the licensee, by its actions or inactions, has clearly indicated its intent to abandon the project, but has not filed a surrender application with the Commission. The Commission has only rarely had to resort to the implied-surrender procedure to address a licensee's failw~e to live up to the obligations of its license. In almost all cases the Commission obtains compliance with license requirements, including the obligation to keep project facilities operational and in good repair, by contacting the licensees and monitoring their remedial efforts. When warranted, the Commission uses its broad authority under sections 31 and 309 of the FPA, 16 U.S.C. ~ X523 b and 825h, to impose civil penalties or take other actions to obtain a licensee's compliance with its license. If less drastic measures do not suffice, the Commission can also seek revocation of a license pursuant to section 31(b) of the FPA. (footnotes omitted). The County would also ask you to reconsider your determination in light of the successful rehabilitation of Project No. 6032 and the reinstated license for Project No. 2696, wherein both projects had been issued previously license surrender orders. Dillsboro Site is not Subiect to a Relicensin~ Proceeding. Your letter also states that the project "is the subject of a relicensing proceeding that has resulted in a Commission order, currently on rehearing, approving a settlement Source: Duke Energy March 23, 2007 Application for 401 Water Quality Certificate for dam and powerhouse removal, Project Narrative, Section 3.2 -Project History: "The Project has been inoperable since it was damaged by flooding in 2004." 2 for sui7-endcr of Duke's license and dam removal." (Par. 1). Please clarify what is meant by the phrase "subject to a relicensing" proceeding. Ordering Paragraph (A) of the July 19, 2007 Order states: (A) Duke Energy Carolinas, LLC's application for a subsequent license for the Dillsboro Hydroelectric Project No. 2602, filed July 22, 2003, is dismissed. The County is of the opinion that there is no relicensing proceeding. The application for a subsequent license was dismissed on July 19, 2007. The implications of the application for a subsequent license are not insignificant. As the Commission stated in footnote 6 to its Juty 19 Order: 5 U.S.C. ~ 558 (c) (2000) (stating that where a licensee has timely filed for a renewal or new license, the existing license does not expire until the agency acts). Because the Commission waived sections 14 and 15 of the FPA with respect to the Dillsboro Project, the project could not on license expiration receive an annual license which is authorized under section 15. Therefore, as is the Commission's practice in such cases, the Commission authorized continued operation of the project pursuant to 18 C.F.R. § 16.21 (2006). At Par. 14 of the July 19 Order, the Commission unequivocally states: Because Duke's surrender of its license is accepted, its application for a subsequent license is dismissed. Proposed Project and Alternatives and Competition with Development Application. Paragraph 3 of the October 16 letter states: The proposals to use existing Duke facilities each significantly conflicts with Duke's unexpired license for Project No. 2602 and Duke's initially-filed relicensing application (if it is reinstated on rehearing), and consequently, sections 4.33(a)(2) and (3) of the Commission's regulations preclude our accepting any of them. The proposal to develop incremental capacity may also conflict with Duke's license, but in any event, all of the proposals, including the proposal for incremental capacity, would of course require that the dam of Project No. 2602 remain in place, and therefore, they conflict not only with the Commission policy, described in A~~izor~a Public Service Company, against discouraging settlements that involve license surrender and dam removal at projects subject to relicensing, but also with the Commission's order approving license surrender with dam removal for Project No. 2602. (footnotes omitted). 3 The County respectfully submits that there is no "unexpired" license or annual License, etc. See July 19 Order, Ordering paragraph (A) and footnote no. 6. Furthermore, NO Stays of any portion of the July 19 Order have been issued. Renee, the reinstated on rehearing is speculative and should not be considered in accepting the pei-~nit application for filing. Sections 4.33(a)(2 and (3) state: (2) Would interfere with a licensed project in a manner that, absent the licensee's consent, would be precluded by Section 6 of the Federal Power Act. (3) Would develop, conserve, and utilize, in whole or in part, the same water resources that would be developed, conserved, and utilized by a project for which an initial development application has been filed unless the preliminary permit application is filed not later than the time allowed under §4.36(a) for the filing of applications in competition against an initial application for a preliminary permit that would develop, conserve, and utilize, in whole or in part, the same resources. The County respectfillly submits that neither of the above provisions is applicable. There is no licensed project. Moreover, there is certainly no licensed project that the current licensee intends to operate. Hence, there is no interference with the non- operating project's current or previously license operation. Furthermore, and as made clear by your reference to subsection (3), the permit application does not propose to utilize any water resources that are subject to a development application. The Commission follows the following strictures for defining what is a development application --- § 4.32(b)(5) Development applrcrrtion means any application for either a license or exemption from licensing for a proposed water power project. The County submits that there is no development application pending before the Commission since the July 19 Order and earlier when the Commission accepted the surrender license application and certainly declined to process the subsequent license application as a consolidate proceeding, which may have caused the Commission to consider the alternatives not being proposed by the permit application. The definition of development does not include surrender of licenses and/or the demolition of project works. Dam In Place, Competition, etc. Please be advised that the County's preliminary permit proposal is not premised upon the future condition of the existing civil works being in place. Hence, there is no conflict with existing licenses (NONE) and/or development applications (NONE), and though not raised in your letter, there is no issue with regard to 4 Section ~.32(j) - "Any application, the effectiveness of which is conditioned upon the future occun-ence of any event or circumstance, will be rejected." Quite simply, the permit is not a competing permit. It is a permit to study the potential of the site with or without the dam in place. Neither Jackson County, nor even the settlements referenced in the July 19 order, precludes the future hydro development of the site. The County is the proponent of Green Power. It has received national recognition for it Green Power initiatives. The historic Dillsboro Dam is a renewable resource that the County will seek to develop and control development thereof by acquiring the site whether with or without the dam and powerhouse in place. Therefore, and as the Commission is well aware of the fluid nature of permit proposals, the County will shldy and assess the hydraulic potential of the site with and without the dam and/or powerhouse. It appears that the crux of the letter's concern is unstated. Specifically, it appears that the Commission may be concerned that the County would seek an advantage in acquiring the site as is -not operating, not licensed and subject to a very expensive dam removal process, etc. Therefore, to allay this concern, the Commission is hereby informed that the County is seeking the passage of legislation similar to that resulting in the successful reinstatement of the license for the Stuyvesant Project, FERC Project No. 2696. The Convnission should also be informed that the County has offered to buy the site as is- where is and has received confirmation that its written offer has been received by the office for the current CEO for Duke Energy, a process far superior to the County's c~crcise of condemnation under state law or as a license Linder a Shlyvesant-like license reinstatement and transfer.' Therefore, contrary to the statement at Par.4 of the October 16 letter, the permit application is not filed out of time as it is not filed in competition with the dismissed application. Settlement. The County respectfully submits that it permit application does not discourage any settlement involving the Dillsboro site. (Par. 3). The reference settlements are not contingent upon the surrender and removal of the dam and/or powerhouse. For example, the Tuckasegee settlement has an alternative provision should the dam not be removed that calls for alteration of proposed minimum flows and the provision of a kayak portage facility, etc., which could be accommodated by the portage/fish-passage facility proposed in the County's permit application. See Section 6.12 of the TCST Agreement. The County also notes that there is no settlement subject to the Commission's jurisdiction as the settlements referenced in the July 19 Order were not approved by the The County is info~7ned that the clu~rent licensees for the Shryvesant project recently have negotiated a purchase price in settlement of the protracted condemnation proceedings. order. Thus, the County takes strong exception to the inference that the surrender is part of an approved FERC settlement. As such the reference to Ari~of7a Public Service Compar7v is inapplicable as a matter of law and fact as the project was not being used as a pawn for upstream minimum flows for by-pass reaches, recreation flows, etc. Permit Abuse. Paragraph 4 of the October 16 letter states that: Finally, since, as described above, Jackson County Government's application conflicts with Duke's existing license; it conflicts and competes with Duke's initially filed relicensing application and Duke's license surrender proposal; and it conflicts with the Commission's order approving license surrender and dam removal, it is filed out of time with respect to the relicensing proceeding and its processing would be an abuse of the Commission's permit process. Jackson County respectfully asserts that the processing of its application would not be an abuse of the permit process. Moreover, in light of the current significant drought conditions within the state and the entire Northeast, redevelopment of the Dillsboro site is in the public interest as a secondary source of water supply for emergencies, e.g., fire protection, etc. As this application is for the future dcvclopment of the site, which is not precluded by law, the application is not filed in competition with or to discourage any settlements, especially as those settlements provided for non-removal of the dan~, etc. More importantly, it should be stressed that the County is still a stakeholder in the dcvclopment of the Tuckasegee River's hydroelectric resources and it did not loose that status by not executing the TCST settlement agreement or due to its opposition to the July 19 Order. Neither of these positions should preclude the processing of its permit application, which was not filed in competition with any existing license or pending dcvclopment application for the site. sincerely,. Paul V. Nolan, Esq. 6 cc: FIRC Secretary Jackson COUllty Board Macon County Board To~,vn of Franklin Board Senator Dole Senator Burr Con<~ressman Shiner Encl: EPA Award Announcement October ?-~. ?007 Certificate of Seri-ice I hereby certify that I have this day served the forcgoin~ document on the partirs dcsi~~nated on the oflicial service list compiled by the Sccret~~ry in these proccedin~~s. Dated this 24`~'_day of October ?007 S incercly,. Paul V. Nolan, Esq. Ei~~ iro~uncntal Protection .a~~ency - LMOP: LFG Enemy Project Profiles Page 1 of 2 ~ :. J . ~ irr ~.~ ~~ ~~ J f r ; i ~,' ~ ~ r ;,I ~ t' i ri ..~~ . , ., >+ ~ ~f 1 "~ .' ~ f' ~; K ~ni Additions Contact Us Print Version Search ~~ EPA Hgme > Climate Change > Methane > Voluntary. Programs > LMOP > Energy Projects and C ndidale Landfills > LFG Energy Project Profiles > Jackson County NC_Green Energy Park Jackson County NC ~~ -~ green Energy Park `._j ~ ' ; ~ } Q! 1d.lill;4 M1511'1l.dhi ~ !+ 1.~'+ ~j,~~ ,. rin~.uif,., .:Ka~.~ , ` ,n,z, qi J ~ ~. `;~ {; {__~ ~.d~oN r,.v.~np.u wtr;raeN. Location Dillsboro, North Carolina End User(s) Jackson County Green Energy Park Sector(s) Greenhouse, Heritage crafts, Industrial (biodiesel) Landfill(s) Jackson County Landfill Landfill Size 0.75 million tons waste-in-place (1996) Project Type Greenhouse and Direct Thermal (blacksmithing and biodiesel) Project Size 40 standard cubic feet per minute (scfm) Environmental Annual greenhouse gas reductions equivalent to Benefits planting 1,300 acres of forest, removing the emissions of 900 vehicles, or preventing the use of 11,100 barrels of oil. Annual energy savings equate to heating 300 homes. Estimated emissions reductions of 0.0013 million metric tons of carbon equivalents. LMOP Partners Jackson County Green Energy Park, McGee Involved Environmental, Inc., North Carolina Department of Environment & Natural Resources Jackson County, NC went all the way in creating an energy park to fuel the local economy. In October 2006, the county celebrated the initial phase of its conversion of a closed and aging landfill site into a thriving energy park that will provide up to 20 new jobs. The park includes a biodiesel refinery, three professional blacksmith studios, and a series of greenhouses-all using landfill gas (LFG) as fuel. Using hot water from aLFG-fired boiler, Smoky Mountain Biofuels makes biodiesel using vegetable oil recovered from restaurants or grown from crops such as rapeseed. Heat exchangers mounted on the neighboring blacksmith forges recover enough waste heat to leave the biodiesel refinery with anear-zero energy footprint. For its creative use of LFG, the Jackson County Green Energy Park earned ', ~ -- ~~ . I , `~ v~ \, >~ P n' ..~ y~ ~ ~ ,'r ~~~~ w }. , S+q ~)- r :~ ~~ ~ E '~ y~ ~ http: ~ ~~~~w~~.~~.cpa.gov~'Imr~}~ ~proj;'prof/profile/jacksoncountyncgreenenerg.htm ] 0/24i'2007 Fns ironn~ental Protection .~~uene~~ - Lti~tOP: LFG Energy Project Profiles Page 2 of 2 Lf~10P's 2006 Project of the Year award. The project's highlights include the following: Local production of biodiesel may provide new energy crop for local farmers. First to fire LFG in a blacksmith forge, reaching temperatures of 1,900°F. . Over 7,000 square feet of greenhouse space heated with LFG allows county to grow its own landscaping plants. Future phases include pottery and glass blowing studios, retail gallery, classrooms, and abotanical/agricultural products drying facility. The Jackson County Green Energy Park will offer students, energy professionals, engineers, and tourists alike the opportunity to see and experience first-hand LFG being used as a fuel. The energy park will have a significant impact on the local economy for many years to come and will be a model for LFG utilization and renewable energy applications. Last Updated: 1/1512007 ~.aarir rw~ EPA Home Privacy and Security Notice Contact Us Last updated on Wednesday, January 24th, 2007 URL: http /Iwww.epa.gov/Imop/proj/prof/profile/jacksoncountyncgreenenerg.htm I~ttp: ~~'~~«~.ep~t.~z~~~ Itl~op hr~~j ploy,'profilejacksoncow~tyncgrecnenerg.httl~ IO/24i2007