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Name:
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Osms
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Subject:
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FERC Approves Drought Variance
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Date:
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1/24/2011 2:27:21 PM
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Just got a phone call notifying us that FERC has approved APCo's request to immediately begin raising the lake level to 483' and hold until the normal refill schedule matches 483'--from then on, the normal refill schedule will be followed.
The guy at FERC got it done--thanks to APCo and FERC.
This is a comment on a news article:
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Today (Monday), the Federal Energy Regulatory Commission (FERC) granted Alabama Power Company permission to deviate from the normal winter rule curve of 480 feet to 483 feet. On November 30th, Alabama Power applied for the variance and the regulatory process has taken 55 days for approval.
Alabama Power has started reducing flows at Martin Dam and depending on precipitation, the Lake Martin Water Level will rise to 483 feet within time. This deviation is ordered through May 1, 2011 however the variance of 483 feet catches up with the normal rule curve on February 28, 2011.
The weather forecast for Tuesday calls for up to an inch of rain.
Text of order follows:
--------------------------------------------------------------------------------------------------------------------------------------
134 FERC 62,067
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Alabama Power Company Project
Nos. 349-168
2407-134
ORDER GRANTING TEMPORARY AMENDMENT TO RULE CURVE
(Issued January 24, 2011)
1. On November 30, 2010, and supplemented on January 13, 2011, Alabama Power Company (licensee) filed a request for a drought-based temporary variance to the rule curve for the Martin Hydroelectric Project (FERC No. 349)1 and the minimum flows from the Thurlow development of the Yates and Thurlow Project (FERC No. 2407).2 The projects are located on the Tallapoosa River in the counties of Coosa, Elmore, and Tallapoosa, Alabama.
Background
2. Article 44 of the Martin Project license requires the licensee to maintain the Martin Reservoir at or below the elevations specified by the project’s operating rule curve as described in Exhibit H, filed on November 16, 1978. Between January 1 and February 17, the curve is at elevation 480 feet.3 The curve gradually rises to 490 feet between February 17 and April 28, remains at 490 feet between April 28 and August 30, and then gradually falls back to 480 feet between August 30 and December 31.
3. Article 401 of the Yates and Thurlow Project license requires the licensee to release minimum flows from the Thurlow development in accordance with Part I, Paragraphs 1, 2, 3, 5, 7, and 9 of the “Agreement for Continuous Minimum Releases from Thurlow Dam and Associated Environmental Studies” (Agreement).4 The Agreement specifies a target minimum flow of 1200 cubic feet per second (cfs); however, the actual minimum flow is based on a number of calculations, as described in the Agreement.
4. In part, the Agreement specifies the licensee is to determine once a week whether there is sufficient run-off in the Tallapoosa Basin to supply both power needs and the target minimum flow. If it is determined that run-off is not sufficient to supply the minimum flow, a reduced target minimum flow is calculated utilizing formulas described in the Agreement. Further, Article 401 allows the minimum flow to be temporarily modified if required by operating emergencies beyond the control of the licensee, or for short periods upon agreement between the licensee and the Alabama Department of Conservation and Natural Resources (ADCNR). If the flow is so modified, the licensee is required to notify the Commission as soon as possible, but no later than 10 days after each such incident.
Licensee’s Plan
5. Due to persistent drought conditions in the project area, the licensee is requesting a temporary variance to the Martin Project rule curve, and the associated minimum flows at the Thurlow development of the Yates and Thurlow Project. The licensee proposes to maintain the winter pool at the Martin Project at an elevation of 483 feet, which is three (3) feet higher than the 480 feet specified in the rule curve. This variance would be in effect from the date of Commission approval until May 1, 2011.
6. The licensee proposes the following modifications to the minimum flow releases at the Thurlow Project: (1) a minimum release of the greater of ½ inflow to the Yates Development or twice the flow at the Heflin Gage when downstream Alabama River flows are reduced by 10%, (2) a minimum release of 350 cubic feet per second (cfs) when downstream Alabama River flows are reduced 20%, and (3) a minimum release of 400 cfs at the Montgomery Wastewater Treatment Plant if downstream Alabama River flows are reduced to 2000 day-second-feet. These modifications will remain in effect
until May 1, 2011.
Agency Consultation
7. On January 13, 2011, the licensee filed a supplement containing documentation of consultation with state and federal resource agencies. The licensee received comments from the Alabama Office of Water Resources, the Alabama Department of Environmental Management, the ADCNR, and the United States Fish and Wildlife Service. All four agencies concurred with the licensee’s plan.
8. The Commission issued a public notice of the licensee’s proposed temporary variance on December 30, 2011, with the comment period closing on January 14, 2011. The Lake Martin Home Owners & Boat Owner’s Association filed comments in favor of the temporary variance, but suggested increasing the request to five (5) feet instead of three (3) feet above the normal winter impoundment elevation. A local business owner filed comments stating his concern that a rise in the impoundment elevation would prevent him from finishing construction projects that have already been started.
Review
9. The licensee is seeking the proposed variance in an attempt to mitigate the effects of the extended drought situation in the project area. With the variance, the licensee will be able to retain additional winter precipitation, which will help fill the reservoir to the normal spring and summer impoundment elevations, and allow the licensee to provide adequate downstream flows during the critical summer period. The licensee states that without the variance, it expects the summer impoundment elevation to be approximately five and one half (5.5) feet below normal summer pool elevation.
10. The licensee requested, and was granted, similar rule curve variances in 2007 and 2009.5 As part of the 2007 rule curve variance, the licensee was required to monitor water quality in Lake Martin and file a water quality monitoring report with the
Commission.6 Based on the results of the water quality monitoring, the licensee stated there is no reason to believe the rule curve variance had any impact on water quality. Additionally, Commission staff prepared an Environmental Assessment (EA) for the 2007 rule curve variance.7 The currently proposed variance is of a similar nature, is for the same project area, and is requested due to similar drought conditions. Due to the similarity of the currently proposed variance and the previously approved variances, and utilizing the 2007 EA, Commission staff concludes the currently proposed temporary rule curve variance, and associated minimum flow modifications would not constitute a major federal action significantly affecting the quality of the human environment.
11. Based on a review of the U.S. Drought Monitor and the U.S. Seasonal Drought Outlook for the project location, the area is currently experiencing severe to extreme drought conditions and the drought is expected to persist or intensify during the next few months.8 The comments received from the resource agencies stated their concurrence with the licensee’s plan and the Lake Martin Home Owners & Boat Owner’s Association provided comments in su
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