Duke Energy Denied Water Quality Permit for Catawba-Wateree Hydroelectric Project
On July 9, 2009, the S.C. Board of Health and Environmental Control denied a request by Duke Energy Carolinas, LLC for a water quality permit, which the company must have before it can be approved for a new federal license to operate hydroelectric dams on the Catawba River (pdf).
Duke Energy’s original federal license to operate 11 dams located in North and South Carolina expired in 2008. The Federal Energy Regulatory Commission (FERC) has granted the utility a temporary extension. The new license — also called a relicense — would authorize Duke Energy to continue operating the Catawba-Wateree Hydroelectric Project for another 30 to 50 years.
Whenever a company applies for a federal permit that may result in a discharge to South Carolina waters, they must obtain a Section 401 Water Quality Certification permit from DHEC. The certification, part of the Federal Clean Water Act, shows that the activity in question will not cause or contribute to a violation of water quality standards.
Board overrules DHEC staff
In denying Duke Energy the needed water quality certification, the DHEC board overruled a preliminary decision by DHEC staff to grant the permit. The board made its decision after a number of speakers at the July 9 board meeting expressed concerns over the permit.
One of the speakers, S.C. Attorney General Henry McMaster, questioned the validity of the data that DHEC used to reach its decision. He also said the permit decision may affect a water rights case pending before the U.S. Supreme Court, South Carolina vs. North Carolina (pdf).
In their recommendation, DHEC staff stated that if Duke Energy met certain conditions there was a “reasonable assurance” that the utility company would conduct the Catawba-Wateree Hydroelectric Project in a manner that meets Section 401 water quality certification requirements.
Duke Energy’s FERC License Application
Duke Energy’s Catawba-Wateree Hydroelectric Project (FERC Project #2232) includes 11 reservoirs and 13 hydropower facilities on the Catawba River. Five of the dams operated by Duke Energy are located in South Carolina.
Duke submitted its application for a new federal license to FERC on August 29, 2006. The company also submitted a Comprehensive Relicensing Agreement (CRA) signed by 70 stakeholder organizations.
After reviewing the application and CRA, FERC issued a "Ready for Environmental Analysis" (REA) notice in April, 2008. Duke Energy then had 60 days to submit an application for water quality analysis to DHEC.
Duke Energy’s application package for DHEC water quality analysis
WQC application package submitted by Duke on June 5, 2008 (pdf 70MB)
The application includes:
- A complete and signed FERC 401 Water Quality Certification Application form
- A supplemental information package that presents detailed explanations of:
- The Catawba-Wateree Hydroelectric Project
- The Catawba-Wateree Relicensing Process
- The Catawba-Wateree Comprehensive Relicensing Agreement
- The water quality assessment methodologies utilized by Duke Energy
- Plant-by-plant descriptions of proposed equipment and operational modifications and projected compliance with applicable state water quality standards
- Streamflow mitigation calculations
- An assessment of water quality certification criteria, including cumulative impacts
- Supporting appendices, including the Quality Assurance Project Plan (QAPP)
- Historical water quality data collected by Duke
DHEC public notice of 401 water quality certification application (pdf)
Need More Information?
DHEC’s project file is available for review at the above address and copies can be made for a fee by contacting our Freedom of Information (FOI) Office.
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