Staff report
Alcoa Power Generating Inc. filed a formal response Wednesday to N.C. Gov. Bev Perdue’s motion to intervene in the federal relicensing of the Yadkin Hydroelectric Project.
On April 1, Perdue asked the Federal Energy Regulatory Commission to hold an immediate hearing as part of a legislative effort to create a state trust for the ownership and operation of the hydroelectric project, which includes High Rock Lake.
Alcoa has characterized the efforts as a government takeover of a privately held business.
APGI filed a response with FERC and said Perdue’s motion “lacks justification and legal merit” and “should be denied expeditiously.”
The company said Perdue’s motion to intervene is “unnecessary and duplicative because the state of North Carolina is already a party to this proceeding.”
The N.C. Department of Environmental and Natural Resources has been actively involved in the relicensing process since 2002 and has acted in an official capacity on the state’s behalf, Alcoa said.
DENR formally intervened in the Yadkin Project relicensing on Feb. 22, 2007.
“The relicensing process has been ongoing for more than six years, and North Carolina has been involved from the beginning,” said Gene Ellis, APGI relicensing and property manager. “The issues raised in the governor’s filing have been fully vetted and FERC staff has already recommended issuing a new long-term license to APGI.
“The intervention is simply a belated attempt to take a privately owned business for the benefit of the state.”
Alcoa argues that 23 organizations negotiated in good faith to develop a Relicensing Settlement Agreement that addresses how the Yadkin Project will be managed in the future.
It says the agreement received widespread support from state agencies representing North Carolina, local governments including some within Stanly County, environmental groups like American Rivers, organizations representing local homeowners and recreational users, business groups and others.
In addition, FERC staff members have said they “do not consider federal takeover to be a reasonable alternative” for the Yadkin Project, according to the company.