20070812 Ver 2_Yadkin Project Relicensing Update from Gene Ellis_20090413

Yadkin Project Relicensing Update - April 13, 2009
Subject: Yadkin Project Relicensing Update - April 13, 2009
From: "Ellis, H. Gene" <[e-mail]>
Date: Mon, 13 Apr 2009 21:55:37 -0400
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<[e-mail]>, "Stiffler, Mark" <[e-mail]>, "Wendy Bley (E-mail)"
<[e-mail]>, "Ellis, H. Gene" <[e-mail]>, "Bowen, Rick"
<Rick.Bowen@alcoa. com>
Good day to all of you:
We continue to appreciate the support you have shown for the relicensing of the Yadkin
Project, and wanted to update you on a few key happenings.
As you know, NC Governor Perdue has filed a motion at FERC in intervene in the
relicensing, and ultimately for the State of North Carolina to operate the Yadkin Project. In
addition, State Trust legislation has been introduced in both the Senate and House in the
NC General Assembly, which would create a mechanism for the State to operate the
Project. The bills have bi-partisan support. The Senate bill is scheduled to receive a first
hearing the Judiciary II committee on Tuesday, April 14 at 10 a.m. APGI is actively
contacting committee members to educate them.
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Yadkin Project Relicensing Update - April 13, 2009
Associated with these two actions, we appreciate the High Rock Lake Association's active
opposition to the State Trust Concept. HRLA has posted its concerns on its website.
http://www.hrla.com/ and issued a news release Saturday stating its Board's opposition to
the Trust. We know there are others of you who are actively involved too and we appreciate
your support of the work we have done over the past many years.
PREP RaFA Hwb
4.1& (M dac
Media coverage of these events have prompted interesting responses to newspaper articles
or editorials showing positive comments.
• http://www.wfae.org/wfae/1 87 316.cfm?action=display&id=4911
• http://iackbetts.blogspot.com/2009/04/alcoa-incredibly-disappointed-with.htmi
• See High Point Enterprise Editorial, attached.
In reference to the 401 water quality certificate, APGI has responded to DWQ's initial eight
additional information requests and is developing a response to their latest request. We
also separately filed responses to comments by Duke Law School (on behalf of the Yadkin
Riverkeeper), the City of Rockingham, and five reports filed by Stanly County's Dr. Rodgers
about water quality and sediment issues. As part of DWQ's additional information request,
APGI, DWQ, and Stanly County co-sampled water discharges at each of the powerhouses
and we participated in sediment sampling by DWQ and Stanly County also.
In addition, APGI has appealed the fish consumption advisory for Narrows Reservoir.
Co ies of a statement and the appeal are attached.
Finally, APGI is running ads in local papers in Yadkin River basin. See the attached ad that
ran this past week.
Our goal has not changed - we will continue to push for the relicensing of the Yadkin Project
so the many benefits that you negotiated can be recognized. We thank you for your
continued support, and please let me know if you have questions.
Gene
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High Point Enterprise
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High Point Enterprise Editorial - April 4 2009.pdf 2009.pdf
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Alcoa - Rick Glenn Ad 2 - April 7 2009.pdf April 7 2009.pdf
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A Government Takeover of
Alcoa's Hydroelectric Project is
Bad for Business
Here is what one North Carolina business
owner told Gov. Perdue:
If the State of North Carolina takes over
the Yadkin Hydroelectric Project,
I will move
my business to
South Carolina.
Rick Glenn
President
Glenn Underwater Services
Glenn Underwater Services is a
North Carolina-based company with
offices in Charlotte and Stanly County.
The company currently employs
25 people in Stanly County.
Read Rick Glenn's entire letter to Gov. Perdue
Visit alcoafacts.com and http:l/ adkinproject.blogspot.com.
Alcoa Power Generating Inc. Appeals Fish Consumption Advisory
BADIN, NC - April 10, 2009 - Alcoa Power Generating Inc. (APGI) filed an appeal
Thursday of a Fish Consumption Advisory issued in February by the N.C. Department of
Health and Human Services on Badin Lake. The advisory recommended limits on the
amount of largemouth bass and catfish the public should eat from the Lake.
While APGI respects the Department of Health's duty and desire to protect public health
and inform the public of risks, it has appealed the advisory because the State changed its
stated evaluation criteria after the study was complete and held Badin Lake to a
different standard than other lakes and rivers in North Carolina.
Specifically, the State has never before issued a fish advisory based on the findings in a
single fish with slightly elevated levels, but that's exactly what it did with largemouth
bass in Badin Lake. And, the State has monitored similar levels of chemicals or
contamination in fish tissue caught in other waterways in North Carolina, but has not
issued a fish advisory in those instances.
The failure to use consistent evaluation criteria calls into question the confidence the
public will place in fish advisories issued by the State.
MEDIA CONTACTS
For background information or assistance, contact:
Robert Brown Joyce Fitzpatrick
robertgrb rp com joyce a,fitzpatrickcomm.com
[phone] [phone]
For official comment, contact:
Gene Ellis
Alcoa Power Generating Inc.
Licensing and Property Manager
gene. elliskalcoa.com
[phone] Mobile
[phone] Office
?iERPRISE
EN
High Point Enterprise Editorial
April 6, 2009
Some among us believe the Obama administration has headed the nation toward socialism with its
federal bailouts and takeovers. Move over, Mr. President, let North Carolina Gov. Bev Perdue show
you how it's done.
Perdue has decided that the Federal Energy Regulatory Commission should deny a license for Alcoa
Power Generating to operate High Rock Lake Dam in Davidson County and three other
hydroelectric dams on the Yadkin River. Instead, the governor says, the feds should allow the state
of North Carolina to run those hydroelectric plants.
"The waters of the Yadkin River belong to the people of North Carolina," Perdue says, as she mimics
the line that Alcoa's adversaries have been using in opposing renewal of the company's FERC
permit.
What Perdue forgets - or ignores - is that while
the Yadkin River is public water, the dams and
beds of lakes along the Yadkin belong to Alcoa.
The company bought properties to create the lakes and built those dams decades ago. So what
Perdue essentially is suggesting is that federal and state governments join forces to exert power
and basically confiscate (perhaps the government might pay a pittance) property owned by a
private business that produces $44 million worth of electricity annually and let the government
operate it.
If this somehow falls short of the definition of socialism, then it surely is gubernatorial abuse of
authority.
Certainly it can be argued that Alcoa should do more to clean up the remains of its aluminum
smelting plant at Badin that closed a few years ago. It also is fair to require Alcoa to be regulated as
any other electric power producer - if, as some Alcoa opponents claim, that is not the case. And it
also is reasonable to require the company to work with shoreline property owners regarding lake
levels, particularly at High Rock Lake.
But in no way is it proper for the state and federal government to essentially seize the property of
this taxpaying business - or any private property - simply because the government thinks it can run
it better.