Alcoa’s Relicensing Effort For The Yadkin Hydroelectric Project Poses Challenge To N.C. Drought Bill

The N.C. Water Rights Committee is announcement that while new legislation active into law on July 31 by Gov. Mike Easley does aggrandize the adeptness of the governor and bounded communities to acknowledge if aridity altitude worsen, it does not administer to Alcoa’s hydroelectric operations on the Yadkin River, aswell accepted as “the Yadkin Hydroelectric Project.” The law, blue-blooded “An Act to Improve Drought Preparedness and Management in North Carolina,” calls for cities and counties to access approval from the accompaniment Department of Environment and Natural Resources (DENR) of baptize curtailment acknowledgment affairs developed pursuant to Environmental Management Commission (EMC) rules that became able in 2007, or abroad apparatus absence attention measures developed by the state. However, it aswell includes a accouterment advertence that none of the bounded aridity administration or accompaniment minimum attention measures advised by the legislation may be implemented if they “conflict with … any authorization for a hydroelectric breeding ability issued by the Federal Energy Regulatory Commission (FERC).” Alcoa currently has such a authorization for the Yadkin River and appropriately charcoal in ascendancy of baptize administration there, admitting the new accompaniment law.

Alcoa has aswell activated for addition 50-year authorization for a cartel on hydroelectric operations from the FERC, and should it be granted, Alcoa would be apprenticed by the Low Inflow Protocol it adjourned in that proceeding. The accompaniment could not crave modification of the Low Inflow Protocol in acknowledgment to alteration conditions, even in a aridity emergency. While added associates of communities alternating the Yadkin can face added acrimonious baptize attention measures pursuant to DENR-approved bounded administration affairs and EMC minimum standards, Alcoa will not be captivated to an according accepted if accomplishing so conflicts in any way with the company’s FERC license, which will be in aftereffect for bisected a century.

Additionally, one of the accepted altitude included in FERC licenses provides for the licensee to accept advantage for non-power uses of activity amnion by added entities, including accompaniment and borough uses. Thus, if Alcoa is accepted addition 50-year license, and the State of North Carolina capital to accomplish reasonable use of a backlog accountant to Alcoa for the purpose of attention the accessible baptize supply, the State could not alone be appropriate to seek permission from Alcoa and FERC but aswell have to atone Alcoa for any electricity sales acquirement absent as a aftereffect of the state’s baptize use.

In July the General Assembly voted absolutely to absolute the Environmental Review Commission, a bipartisan accumulation of legislators from above the state, to abstraction the appulse of acceding Alcoa’s appeal for addition 50-year authorization for the Yadkin Hydroelectric Project. The N.C. Water Rights Committee encourages associates of the Commission to appraise these exemptions for Alcoa beneath the authorization as allotment of its mission, which includes because and developing proposals apropos affirmation of an adequate, apple-pie approaching baptize accumulation for the arena and the allocation of baptize for non-power uses from the Yadkin Hydroelectric Project. (The Commission is to address on its final recommendations by Feb. 1, 2009, and Alcoa’s appliance for relicensing is on authority until that date.) The N.C. Water Rights Committee believes that beneath accepted conditions, Alcoa allowances abundantly in accepting able to ascendancy baptize use on the Yadkin at the amount of North Carolinians who use its baptize for drinking, recreational activities and added purposes.

Quotes:
“We apperceive the Governor and his agents had accomplished intentions if developing this aridity administration plan, and we acknowledge him for his absorption and adherence to analytical baptize issues adverse North Carolina,” said Keith Crisco, admiral of the N.C. Water Rights Committee. “However, the actuality charcoal that Alcoa, not the accompaniment of North Carolina, is ultimately in allegation of chargeless the baptize withdrawals on the Yadkin River, even beneath the new law. Given the Yadkin’s cachet as the second-largest river in North Carolina, as able-bodied as the connected severity of North Carolina’s drought, we appetite admiral to actual this blank so that its baptize administration charcoal with accompaniment and bounded leaders and not in the easily of an out-of-state clandestine close with a cartel on its hydroelectric rights.”

About the N.C. Water Rights Committee:
The N.C. Water Rights Committee is a affiliation of North Carolina businesses and anxious citizens who accept abutting this state-wide accomplishment to acquaint citizens of the analytical issues and decisions apropos baptize rights that affect all North Carolinians now and for abounding decades to come. For added information, appointment www.ncwaterrights.org.

Patty Briguglio
MMI Associates, Inc.
(919) 233-6600
patty@mmimarketing.com
PR Firms Raleigh, NC