Letter to DEQ - Cliffside PWS Election_20170606

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
June 6, 2017
VIA U.S. MAIL AND EMAIL
Secretary Michael Regan
North Carolina Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Michael.Regankricdenn gov
Mr. Jay Zimmerman
NCDEQ, Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
Jay.Zimmermangncdenr. goy
Ms. Debra Watts
NCDEQ, Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
Debra.watts(c�r�,ncdenr. gov
RE: Cliffside - Water Supply Election
Dear Secretary Regan and DEQ Staff:
In December 2016, Duke Energy ("Duke") submitted permanent water proposals to the
North Carolina Department of Environmental Quality ("DEQ") for approval as required by N.C.
Gen. Stat. 130A-309.211(cl) of House Bill 630. As a basis to determine whether households
would be provided a municipal water supply or filtration system only Duke established an arbitrary
$35,000 cost-effective threshold. The proposal for the Rogers Energy Complex ("Cliffside")
stated that two homes on Dysart Road would only receive the filtration option for their permanent
water solution because the cost-effectiveness was in excess of the arbitrary threshold.
Subsequently, Duke provided updates to the DEQ on the permanent water solution including

updates on the households that are eligible to receive a permanent water supply ("Well Eligible
List"); and a Well Eligible List that indicates each households' elected permanent water solution.
See April 21, 2017, Well Eligible List submitted by Duke Energy.
Initially, our clients on Dysart Road were only given the filtration option for their
permanent water solution. However, despite the cost-effective threshold being exceeded, on or
about March 21, 2017, Craig DeBrew, a Duke Energy District Manager, informed our clients that
they would be eligible to receive the public water supply. Duke sent our clients new election cards
because of this information. On March 22, 2017, our clients elected to receive a public water
supply and sent their election cards back to Duke. Although our clients have never received
confirmation of this change in eligibility directly from Duke, the April 21 Well Eligible List
indicated that the two homes on Dysart Road were eligible to receive, and had elected to receive
the public water supply. Additionally, in Duke's April 27, 2017, permanent water supply update,
Duke requests that the NCDEQ approve the plans and states, "[a] list of all the eligible households,
the solutions offered to them, the solution selected by the well owners, as well as the date Duke
Energy either received the selection card or the date that the well owner signed the selection card
was submitted via email to NCDEQ on April 21, 2017."
We have not seen any of this information communicated to the DEQ and therefore wanted
to inform the DEQ of these actions and decisions by Duke regarding our clients on Dysart Road
and our clients' decisions to elect the public water supply option for their permanent water solution.
Further, we request any and all documentation, if any, Duke has submitted to the DEQ regarding
the costs associated with providing the public water supply to these properties on Dysart Road.
We would be more than happy to discuss this and other issues with you at your earliest
convenience.
Sincerely,
WALLACE & GRAHAM, P.A.
Mona Lisa Wallace
BARON & BUDD, P.C.
Law Offices of F. Bryan Brice, Jr.
CC: F. Bryan Brice, Jr.
Cathy Cralle-Jones
Cary McDougal
Bill Graham
W. Marlowe Rary, II