UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
MOTION TO INTERVENE
Docket #P-2197-054
Applicant: Alcoa Power Generating, Inc.
Name of Project: Yadkin
Governor Jim Hodges (the “Movant”), on behalf of the State of South Carolina, respectfully moves for intervenor status in the request by Alcoa Power Generating, Inc. (the "Applicant") for a temporary variance to minimum flow releases, filed with the Federal Energy Regulatory Commission (FERC) on July 22 and July 26, 2002. The Movant files this motion pursuant to 18 C.F.R. § 385.214 (a)(3) (2002). The Movant seeks intervenor status based on the following:
The Movant is the chief executive of the State of South Carolina. S.C. Const. art. IV, § 1. As such, he exercises propriety control as a trustee over South Carolina's water resources. Furthermore, the executive branch of state government is responsible for establishing comprehensive water resources policy, regulating surface water withdrawals, and responding to drought conditions. Title 48, S.C. Code of Laws, 1976, as amended.
The State exercises regulatory control over all sources of public drinking water according to its implementation of the Safe Drinking Water Act, 42 U.S.C. §§ 300f-300j. The Yadkin Project bears direct impact upon the stream flow of the Pee Dee River, which serves as a water source for over 275,000 water users within the Pee Dee River Basin. Currently, the Georgetown County water treatment plant halted operations because of insufficient stream flow in the Pee Dee River, and the Grand Strand Water and Sewer Plant could face the same prospect at further flow reductions. The State of South Carolina will be adversely affected if the Licensee’s minimum releases from the Yadkin Project are insufficient to meet the public health and safety needs of the State. In addition to the adverse effects upon the immediate users of the Pee Dee River, the economy of the State stands to suffer due to decreased productivity in the agricultural and the industrial economic sectors.
Salt water encroachment upstream currently threatens fish and wildlife in the lower Pee Dee River Basin. The State holds fish and wildlife within its jurisdiction in trust for the people of the State. The State as trustee must conserve natural resources for the benefit of all the State's residents. As trustee, the State must ensure that the Pee Dee River maintains a sufficient flow of freshwater in order to support a viable population of fish and wildlife.
The Pee Dee River is a navigable waterway from its mouth to the North Carolina-South Carolina border. The State of South Carolina holds all navigable waterways in trust for the people of the State and of the United States. As trustee for the people, the State of South Carolina has a right to intervene to protect the right of free navigation on the Pee Dee River.
The Movant believes that its participation is in the public interest of state sovereign protection of its water resources and public welfare. Additionally, there is a strong public interest in including South Carolina in FERC proceedings where fair and equitable decisions concerning water usage during times of drought can only occur where all affected stakeholders are present and engaged. No other party to this proceeding represents the State's interests in public health and welfare.
The Movant wishes notify all parties that, in the event that negotiations between South Carolina, North Carolina, Alcoa, and Carolina Power & Light do not yield a fair and equitable resolution concerning minimum downstream flow after September 15th, the State of South Carolina will, as an intervenor, exercise its right to ask FERC to reopen the this proceeding, or any subsequent proceeding as appropriate, to establish a reasonable stream flow sufficient to protect human health and property as authorized under Article 13 of Alcoa's license.
The interests and responsibilities of the State of South Carolina may be seriously affected by this proceeding. The Movant requests to be made a party to these proceedings and requests that the following name be placed on the service list for the purpose of receiving notices, pleadings, motions, rulings, etc:
Mr. Hank Stallworth
Director of Natural Resource Policy
Post Office Box 11829
Columbia, South Carolina 29211
Telephone: (803) 734-0423
E-Mail: hstallwo@gov.state.sc.us
Respectfully submitted,
Dated: August 23, 2002 STATE OF SOUTH CAROLINA
s/Stephen P. Bates
Chief Legal Counsel
Office of the Governor
Post Office Box 11829
Columbia, South Carolina 29211
Telephone: (803) 734-6313
E-mail: sbates@gov.state.sc.us
CERTIFICATE OF
SERVICE
I
hereby certify that I have this 23rd day of August, 2002, served the
foregoing Motion to Intervene via U.S. Mail upon all persons shown on the
service list maintained by the Federal Energy Regulatory Commission for Project
No.: 2197.
Respectfully submitted,
s/Stephen P. Bates
Chief Legal Counsel
Office of the Governor
Post Office Box 11829
Columbia, South Carolina 29211
Telephone: (803) 734-6313
E-mail: sbates@gov.state.sc.us