UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

 COMMENT

DOCKET # P-2197-056

APPLICANT: Alcoa Power Generating Inc.

Name of Project:  Yadkin

SaveHighRockLake.org, an unincorporated organization that has been formed to represent those with 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, wishes to comment on the request by Alcoa Power Generating Inc. to implement the management protocol for Project 2197 known as the “Post Sept. 15^th Protocol”

We agree that continued variations from the operations of the past is necessary during this time of unprecedented drought but feel that there are several issues that are not adequately addressed or are inappropriate in the variance request.

1. The “Post Sept. 15^th Protocol” has been used for the last three weeks and has already demonstrated several failures. 
• Even though the stated allowable drawdown of Narrows reservoir in tier 1 is 22 feet,  drawdowns were halted there after reaching only 12 feet below full pond due to problems with the water intake/pump for Albemarle’s municipal water supply and water was withdrawn from High Rock to bring Narrows back up.  Conversations with the Albemarle Public Utilities Dept. indicate that they have purchased an emergency diesel pump but do not intend to repair the problems with their intake/pump at this time and will not be able to run the emergency pump for extended periods.  Therefore they will simply ask for the level of Narrows to be raised again if the experience future problems.  Since public water supplies will be protected at almost any cost, the limits listed for Narrows can essentially be tossed out.
• When Narrows was down 10 to 12 feet, there were concerns expressed by the NC Wildlife Commission about the dissolved oxygen levels there and the possibility of fish kills.  Once again, water was withdrawn from High Rock Lake to avoid problems.
• Since High Rock Lake has risen to approximately 10 feet below full pond, there has been a very large fish kill in Abbotts Creek and Buddle Creek.  According to responses from NC State Agencies the fish kill is the result of low dissolved oxygen levels at High Rock Lake.  Even though there was ample water coming down the Yadkin River to raise the level of High Rock Lake considerably during that period, almost all of it was passed on through to Narrows.
• Even though the Protocol was supposed to insure that the burden of downstream releases was shared across all of the impoundments in North Carolina, High Rock Lake is currently down approximately 56% of the average depth of the lake while Narrows is down approximately 6% of the average depth, Tuckertown is down approximately 10% of the average depth and Falls less than 9 inches below full pond.  At this point in time it is obvious that High Rock will continue to bear almost the entire burden of the drought and get the least amount of consideration in environmental and wildlife issues.
2. The stated maximum allowable drawdown for High Rock Lake in tier 2 has already proven to be unacceptable and will certainly result in additional fish kills.
3. The request allows for ongoing dynamic changes to the stated targets which while possibly advantageous in certain situations does not allow for any control by the Federal Energy Regulatory Commission or input form affected stakeholders.
4. The request asks for relief from license requirements that High Rock Lake be within 5 feet of full pond by May 15, 2003.  While this may be necessary, there is more than adequate time to request this in the future and have the appropriate required hearings and periods of time for Comments and Motions to be filed.
5. The request states that what has been learned to date and what will be learned throughout the process of implementation of the Protocol concerning acceptable management practices of the Yadkin watershed will NOT “create a precedent for any issue or future period”.  This is ABSURD!!  So far almost every time a question has been asked or a problem has arisen, the response has been that we are working with conditions that have never occurred before and that we are learning daily what are and what are not acceptable limits to use to protect our important natural resources, environment and wildlife.  Protection of these elements is vital and to ask that we ignore the knowledge gained is ridiculous.

Since FERC is the official regulatory agency responsible for the protection of all stakeholder interests in Hydro Electric projects it appears that closer scrutiny of all aspects of the operations of Project 2197 might be necessary.  The track record to date of protecting the environment, wildlife, recreational interests and beneficial use of our natural resources is questionable at best. At this time it appears that the generation of electricity for the benefit of private industry has been the most protected beneficial use with only minor consideration given to other stakeholders and most of those were areas where there were clearly defined federal Acts or regulations with specific punishment clauses for violations.  Only FERC has the authority to regulate what most people would consider “Common Sense” and enforce it for the good of the public now and in the relicensing of Project 2197

Robert W. Petree

SaveHighRockLake.org

P.O. Box 628

Southmont, NC  27351