Tuesday, April 21, 2009
Catching up on Alcoa
Some events worth noting in the dispute between Alcoa Power Generating Inc. and the state of North Carolina. Gov. Bev Perdue recently asked the Federal Energy Regulatory Commission to allow the state to intervene in a long-running legal process involving Alcoa's application for renewal of its federal license to operate hydroelectric projects on the Yadkin River. Late last week Alcoa formally asked the commission to reject the governor's request. Here's a snippet from the company's announcement:
"APGI filed a response with FERC, noting that Gov. Perdue’s motion “lacks justification and legal merit” and “should be denied expeditiously.”
"The company explains that Gov. 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 (DENR) has been actively involved in the relicensing process since 2002 and has acted in an official capacity on the State’s behalf. DENR formally intervened in the Yadkin Project relicensing on February 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 & 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.”
But Friday afternoon, the state's lawyers received word that FERC had acted "in record time" and had approved Perdue's request for late intervention in the process.
Here's the governmentese from FERC:
On December 28, 2006, the Commission issued a Notice of Application Accepted
for Filing and Soliciting Motions to Intervene and Protests for the relicensing of Alcoa Power Generating, Inc.’s Yadkin Hydroelectric Project No. 2197, located on the Yadkin River in Stanly, Davidson, Davie, Montgomery, and Rowan Counties, North Carolina.
On April 1, 2009, the State of North Carolina filed an untimely motion to
intervene in this proceeding.1 On April 15, 2009, Alcoa Power Generating, Inc. filed a timely answer in opposition to North Carolina’s motion to intervene. On April 16, 2009, Stanly County filed a timely answer in support of North Carolina’s motion to intervene. Pursuant to Rule 214,2 the motion to intervene filed by the State of North Carolina is granted, subject to the Commission’s rules and regulations.
Tuesday morning the N.C. Water Rights Coalition posed a question:
Will Alcoa Sell the Yadkin Hydroelectric Project to the Chinese?.
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