DOCKET # P-2197-056

APPLICANT: Alcoa Power Generating Inc.

Name of Project:  Yadkin


SaveHighRockLake.org (the “Movant”), on behalf of its membership, respectfully moves for intervener status in the request by Alcoa Power Generating Inc. (the “Applicant”) for a variance to their Operating Guidelines which was filed with the Federal Energy Regulatory Commission (FERC) on August 29, 2002.  The Movant files this motion pursuant to C.F.R.  385.214 (a) (3) (2002).  The Movant seeks intervener status based on the following:  

1.      The Movant is an unincorporated organization that has been formed to represent and protect the interests of stakeholders in Project 2197 from July 2002 through the issuance of a new license to operate Project 2197.  The organizations membership consists of more than 4800 stakeholders who have environmental, economic and/or recreational interests in High Rock Lake as well as the other impoundments that are part of Project 2197 and the Upper Yadkin River Basin, and is growing daily.

2.      The applicant has requested to implement a new operating protocol referred to as the “Post Sept. 15th Protocol” which contains references to target guidelines but requests the flexibility to modify those guidelines on a weekly basis based on the collaborative efforts of five organizations consisting of two power generating companies, one North Carolina State agency, and two South Carolina State agencies. 

3.      The Movant believes that only one of the organizations, The North Carolina Dept. of Environment and Natural Resources (NCDENR) can accurately and fairly represent the interests and concerns of the stakeholders in North Carolina most directly affected by changes to the operations of Project 2197.  The Applicant and other parties involved have already displayed a blatant disregard for the preservation of the environment at High Rock Lake as demonstrated by events there in June and July of 2002 and the subsequent repeated demands of South Carolina officials to continue the withdrawal of water from Project 2197.

4.      Since weekly changes can be made to the operations of Project 2197 without requiring prior FERC approval or providing the opportunity of all stakeholders to comment, The Movant believes there must be adequate representation of those defined as stakeholders in Project 2197 when operations modifications are discussed and agreed to.

 This Movant respectfully requests to granted intervener status and be made a party to these proceedings.  We ask the following name be placed on the service list for the purpose of receiving notices, pleadings, motions, rulings, etc.:  

Mr. Robert W. Petree, Founder


P.O. Box 628

Southmont, NC  27351

Telephone (919) 798-3227

E-Mail:  pete@savehighrocklake.org


Respectfully submitted,


Robert W. Petree, Founder                                          Dated:  October 4, 2002