The URL can be used to link to this page

Home My WebLink About20070812 Ver 2_Response to More Info Ltr 1_20080303Jew HUNTON VXIIAMS D r -E-C U1. U UE VU - 2 2009 February 27, 2009 FILE NO: 65215.6 DOC NO: 26899789 By Electronic and First Class Mail Ms. Coleen Sullins Director, Division of Water Quality Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 HUNTON & WILLIAMS LLP POST OFFICE BOX 109 RALEIGH, NORTH CAROLINA 27602 TEL 919.899.3000 FAX 919.833 •6352 CRAIG A. BROMBY CHARLES D. CASE DIRECT DIAL: 919-899-3032 EMAIL: cbromby@hunton.com _ dU t? DENR - WATER QUALM V-1ETLANDS AND S T OWf, VATER BRANCH Re: Additional Information Request Yadkin Project - 401 Water Quality Certification DWQ #2007-0812, v.2 (Davidson, Rowan, Montgomery and Stanly) Dear Ms. Sullins: Alcoa Power Generating Inc. ("APGI") has received and reviewed your February 24, 2009 request for additional information ("Information Request") in connection with its application ("Application") for the above-referenced 401 Water Quality Certificate ("401"). It is APGI's intent to respond fully to the Information Request on or before March 17, 2009, which is three weeks from its February 24 date. It is also APGI's intent to provide, as we gather the requested information, at least one interim response (in addition to this letter), in order to minimize delay in the review process. The Information Request contains an ambiguous reference to "incomplete and/or ... inac: orate information." APGI has not been advised of any inaccuracies in any prior communications with the staff of the Division of Water Quality ("DWQ"), and strongly and unequivocally rejects any suggestion that the Application has included any inaccurate information whatsoever. However, we recognize that the Information Request may simply have been tracking language from DWQ's rules. Nonetheless, if DWQ believes that any information in the Application, or its supporting documentation, was or is thought to be inaccurate, APGI respectfully requests that DWQ immediately identify the allegedly inaccurate information, state the basis for its belief that the information may be inaccurate, and allow APGI an opportunity to respond. If in fact DWQ does not contend that there exists inaccurate information in, or supporting, the Application, HUNTON WWHIIAMS Ms. Coleen Sullins February 27, 2009 Page 2 APGI respectfully requests that DWQ confirm that position in writing to correct the record on this issue. If the Information Request was merely intended to reflect the fact that some commenters on the 401 have made various assertions and claims, many of which are unsupported, unsupportable or irrelevant, APGI would request confirmation from DWQ that those various commenters' assertions do not establish any inaccuracy in the Application. Additionally, APGI notes that the pertinent standard established at 15A NCAC 2H .0507 for tolling the 60-day review period for an application for a 401 Water Quality Certification is that the information requested must be "necessary to the Director's decision." The Information Request asks for information and deals with issues that are beyond the proper purview in DWQ's consideration of the Application and the 401. Moreover, DWQ has already issued a 401 Water Quality Certification for the Yadkin Project that was revoked only because of an irregularity in the publication of public notice. Given that fact, it would seem unlikely that any of the information requested is now "necessary to the Director's decision," since APGI does not believe that anything in the Information Request or that has been addressed in the comments establish any new information that would establish a new area of inquiry "necessary" to the issuance of the 401. Furthermore, some of the information requested is without appropriate justification and goes beyond the scope of information demanded of other applicants for recent 401 Water Quality Certifications for FERC relicensing. APGI believes that record in this matter is presently sufficient for DWQ to issue the 401. Nevertheless, APGI will timely provide, or identify in the record, as appropriate, the information you have requested. In any event, APGI reserves it right to challenge the necessity and/or the relevancy of the information requested, in the event timely action is not taken on the Application, or any modifications to the original 401 are inserted into a new 401 water quality certification ultimately issued by DWQ based on this information. Sincerely yours, A 19-6- Craig A. Bromby Charles D. Case cc: Coralyn Benhart H. Gene Ellis David Poe John R. Dorney