Letter to DEQ - Request for Stakeholder Meeting_20170421

WALLACE and GRAHAM, P.A.
ATTORNEYS AT LAW
MONA LISA WALLACE t
525 NORTH MAIN STREET
TELEPHONE: [phone]
WILLIAM M. GRAHAM tt
SALISBURY, NORTH CAROLINA 28144
FACSIMILE: [phone]
MICHAEL B. PROSS *
1-800-849-5291
EDWARD L. PAULEY **
WWW.waHacegraham.com
JOHN S. HUGHES, IV
WHITNEY V. WALLACE
MARK P. DOBY
R. DANIEL WALLACE
W. MARLOWE RARY, H
t Also licensed in PA, SC and TX
KRYSTAL C. DRAUGHN
tt Also licensed in TX
TIFFANY N. MACK
* Also licensed in MD and NY
W. BENJAMIN TOBEY
** Also licensed in KY and W V
April 21, 2017
VIA EMAIL AND U.S. MAIL
Secretary Michael Regan
Secretary, North Carolina Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699
Through Email to General Counsel: Bill. Lanegncdenr. gov
Re: Coal Ash Management Act — Duke Energy Water Supply Plans
Request for Stakeholder Meeting
Dear Secretary Regan,
As you are aware, our collective law firms represent a majority of the households impacted by
the Coal Ash Management Act, and thereby, Duke Energy's proposed water supply plans. There
are a number of issues that need to be addressed by stakeholders impacted through this
legislation. In a March 9, 2017 interview with Southeast Energy News, you stated, "I think our
organization is designed to serve as well as to lead and be innovative within the confines of
North Carolina's statutes and laws."' We agree, and fully believe that the proposed water supply
plans issue is one in which the Department of Environmental Quality ("DEQ") can lead so that
stakeholders can come to a reasonable agreement. Likewise, on numerous occasions, both in
letters to the DEQ and privately to our clients, Duke Energy has stated that they are awaiting
guidance from the DEQ and will comply with the regulatory decisions of the DEQ.
As such, our clients, through counsel, request a joint meeting with the DEQ and Duke Energy in
order for stakeholders to be heard and the DEQ to give the guidance that Duke Energy has
requested. The primary topics for discussion are: 1) the provision of public water to certain
homes outside the 1/2 mile radius; and 2) the provision of a public water option for homes
surrounding the Roxboro, Belews, and Mayo plants. Other potential issues to be considered
include but are not limited to those that have been addressed in more detail in correspondence
between DEQ, Duke Energy, and our offices, and included here as Appendix A-H.2
' http://southeastenergynews.com/2017/03/09/ga-north-carolinas-deq-chief-taking-agency-in-new-direction/
2 DEQ's letter dated January 13, 2017. (Appendix A)

At the appropriate time, in anticipation of this stakeholder meeting, our firms will outline our
positions on the issues presented above.
We fully believe that the parties can discuss, negotiate, and agree upon a number of issues
related to the Coal Ash Management Act that will move the proposed water supply plans forward
in a timely manner. As you can appreciate, our clients are anxious to see shovels in the ground
as quickly as possible. We appreciate your initiative to lead and would greatly appreciate your
assistance to ensure consistent application of the Coal Ash Management Act requirements. We
will be happy to work around any scheduling issues and make this a priority for our firms. Please
contact us to arrange a date that works for all parties.
Sincerely,
WALLACE & GRAHAM, PA
Mona Lisa Wallace
Encl:
CC: (Via Email)
Bryan Brice
Cathy Cralle Jones
Cary McDougal
Mark Anderson
Joan Dinsmore
Bill Lane (General Counsel for DEQ)
Jay Zimmerman
Debra Watts
Wallace and Graham's letter dated February 22, 2017. (Appendix B)
Duke Energy's letter dated February 23, 2017. (Appendix Q
Law Offices of F. Bryan Brice, Jr. letter dated March 14, 2017. (Appendix D)
Law Offices of F. Bryan Brice, Jr. letter dated March 15, 2017. (Appendix E).
Duke Energy's letter dated March 24, 2017. (Appendix F)
Duke Energy's letter dated March 29, 2017. (Appendix G)
Duke Energy's letter dated April 21, 2017. (Appendix H)