NC0004987_Petition for Contested Case_20100703

7.r1LFo,,0-P...'1EE OF
ADMIN HEARINGS:
JUL 3 10 36 AH '90
STAT& OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF MECKLENBURG
DUKE POWER COMPANY,
Petitioner, )
Versus ) PETITION
N.C. DEPARTMENT OF ENVIRONMENT ) FOR
HEALTH AND NATURAL RESOURCES, ) CONTESTED CASE
DIVISION OF ENVIRONMENTAL j ADJUDICATORY HEARING
MANAGEMENT,
Respondent )
1. Duke Power. Company is a corporation, organized and chartered under the laws
of North Carolina, having the power to sue and to be sued.
2. Duke Power Company is located and has its corporate headquarters at 422
S. Church Street, Charlotte, NC 28242-0001.
3. Duke Power Company is a person within the meaning of NCGS §150B-2(7).
4. Duke Power Company is the holder of NPDES Permit Number NC0004987 which
has been reissued effective July 1, 1990, and is a person aggrieved within
the meaning of NCGS §150B-2(6) whose interest is directly affected by the
terms and conditions of the reissued permit.
5. Duke Power Company hereby specifically requests an adjudicatory hearing,
pursuant to NCGS §150B-2.3 to determine its rights a-nd to contest the
proposed requirements regarding.sampling and -monitoring of pH at outfall
002 ash settling pond discharge to Lake Norman in Permit
Number NC0004987, a copy.of which is attached to this request,
6. Duke Power Company specifically challenges the requirement to remove the
previously permitted confluence monitoring of pH in the receiving waters
of Lake Norman and to require sampling in the ash basin prior to
discharge, as. in this action the Division of Environmental Management has
acted erroneously or has acted arbitrarily or capriciously, and has
substantially prejudiced peti-tioner's rights.
7. Duke Power Company alternatively alleges that the Division of
Environmental Management has acted erroneously or has acted arbitrarily
or capriciously in not including a compliance schedule to meet pH effluent
limits after changing the sampling point from the receiving waters of Lake
Norman to the ash basin and has thereby substantially prejudiced the
petitioner's rights.
WHEREFORE, Duke Power Company requests a contested case adjudicatory Hearin -g
to require issuance of Permit Number, NC0004987 to the petitioner with
confluence monitoring for pH, or, in the alternative, with e compliance
_1_

rsch'edul'e:°to, rneet-•pH'himit's in the ash basin, and for the reason that its rights
will be substantially prejudiced if the permit is issued as proposed, and that
such issuance would constitute an act which is erroneous, .arbitrary and
capricious.
Q
Garr S. ice
Senior A tor_ney, Duke Power Company
Bar #13674
422 South Church Street
Charlotte, NC .28242-0001
[phone]
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition fo`r Contested Case,
Adjudicatory Hearing was served upon the Division of Environmental Management
by mailing a copy of the same, postage prepaid, to: -
Donald L. Safrit, P.E.
Supervisor, of Permits & Engineering'Unit
North Carolina Division of Environmental Management
Water Quality Section
Department of Environment Health & Natural Resources
P. 0. Box 27687
Raleigh, N.C. 27611-7687
Rex D. Gleason, P.E.
Regional Engineer
North Carolina Division of Environmental Management _
Water Quality Section
Department of Environment, Health & Natural Resources
919 North Main Street
Mooresville,- N.C. 28115
-2-
This the 29th day of June, 1990
1
a y S ice

B. Keith Sipe being first duly sworn, deposes and says that he is
Technical System Manager II, of.Duke Power Company, and that.as such he is
authorized to verify the foregoing Petition for Contested-:a&e--
Adjudicatory Hearing; he has read the foregoing Petition for Contested Case
Adjudicatory Hearing and knows the contents thereof; that the facts set forth
therein are true of his own knowledge except as to those matters therein
stated on information and belief, and as to those matters he believes them
to be true.
i
B. Keith Si e
Sworn to and subscrib before me
t h i s day of
Notary Public
My Commission expires: 4 clD