To Participants List
July 8, 2003
RE: Appalachian Power Company
Smith Mountain Project No. 2210
Application for New License
Communications Protocol
Dear Sir or Madam:
On behalf of Appalachian Power Company (Appalachian), please find attached for your review and comment one copy of the second draft of the Communications Protocol proposed to be utilized during the process of applying for new license for the Smith Mountain Project. The attached draft protocol contains modifications suggested in comments received regarding the initial draft of the Communications Protocol, submitted for review by letter dated April 22, 2003, either in writing or during the May 14, 2003 meeting to discuss the protocol and the process for developing the application for new license to be filed by Appalachian.
We ask that all comments be submitted to the undersigned in writing by July 29, 2003. Any and all comments received will be considered in the development of the final version of the protocol by Appalachian. The final version of the protocol will then be sent out for signature by each of the individuals listed on the Participants List attached.
If there are any questions, please call the undersigned at your convenience.
Very truly yours,
Frank M. Simms
Hydro Support Manager
(614) 716-2918
APPALACHIAN POWER COMPANY
SMITH MOUNTAIN
PROJECT NO. 2210
COMMUNICATIONS
PROTOCAL
FOR THE
PARTICPANTS
IN THE
ALTERNATIVE
LICENSING PROCESS
Appalachian Power Company (Appalachian) is the licensee for the Smith Mountain Project located on the Roanoke River in the south central region of Virginia. Two developments comprise the Smith Mountain Project those being Smith Mountain (the upper development) located at river mile 314 and Leesville (the lower development) located at river mile 296. The Smith Mountain Project is licensed by the Federal Energy Regulatory Commission (Commission) as Project Number 2210. The project license was issued April 25, 1960 with an expiration date of March 31, 2010.
Appalachian will file its intent to seek a new license from the Commission in accordance with the appropriate rules and regulations of the Commission. In order to simplify and expedite the licensing process, Appalachian intends to submit a request to the Commission to utilize the Alternative Licensing Process (ALP) as defined by Commission regulations. Under those regulations, a formal request to utilize the ALP must be filed with the Commission and has to include a communications protocol supported by those interested parties participating in the licensing process. It should be noted that for this communications protocol (protocol) the designation “Appalachian” shall mean Appalachian Power Company and/or its designated representative.
This communications protocol is intended to provide a framework for dialog and coordination among those parties involved in the ALP for the Smith Mountain Project No. 2210. Communication among the participants in the ALP for the Smith Mountain Project must be timely, concise and open to public view. Clear and controlled communication is necessary in order to ensure that relevant data is presented clearly and in a timely manner, and that all communication involving the Commission, Appalachian, the agencies, the local governments, the non-governmental organizations and other participants in the ALP is accomplished in an orderly manner. Mechanisms are needed in order to establish the formal consultation record and to ensure that the Commission’s regulations relative to the licensing process are adhered to and followed accordingly. This protocol outlines the mechanisms for ensuring that these goals and objectives are met and defines how the applicant (Appalachian) and other interested parties including the staff of the Commission may communicate with each other during the ALP.
It is important for all participants to recognize that the ALP is a pre-filing process and that there is no formal proceeding before the Commission prior to Appalachian filing the Application for New License for the Smith Mountain Project. All of the participants should realize that it is ultimately Appalachian that will decide what is filed with the Commission as the result of the collaborative process described as the ALP. Participation in the ALP is an opportunity to identify issues and areas of study early in the licensing process, and to identify those issues that potentially could affect a license application.
The individuals, agencies, local governments and non-governmental organizations recognized as being likely to participate in the ALP for the Smith Mountain Project are listed in the “Participants List” included as Attachment No. 1 to this protocol. Any concerned parties not included on that list and that desire to become participants should contact:
Frank M. Simms
Hydro Support Manager
American Electric Power
1 Riverside Plaza
Columbus, Ohio 43215
Phone No. 614-716-2918
The “Participant’s List” will be updated as names to the list are added and will be part of the public file and maintained on the relicensing web-site for the Smith Mountain Project (www.smithmtn.com).
B. FERC’s ALP Advisors
The Commission will assign staff to serve as an advisor to the stakeholders during the ALP. The assigned staff member will be involved in pre-filing consultation meetings to provide guidance during the process. The role of the FERC advisor(s) will not include making judgments about proposals or conflicts. Rather, they will be able to provide insight to stakeholders on how the process works and provide examples of options that may be available for consideration.
Any Commission staff member may participate in a meeting – either in person or by telephone conference – without prior notice to other participants provided that minutes are written and placed into the public record. If any party would like to know in advance of the meetings that Commission staff will attend, they may request this information from the Commission staff assigned.
A. Public Meetings
Formal public meetings will be noticed by Appalachian through the appropriate media including but not limited to: (1) local newspapers; (2) radio; (3) television; and (4) the web site established specifically for the preparation of the application for new license, www.smithmtn.com. Notices of public meetings will be mailed to individuals on the “Participants List”. All meetings will be documented by Appalachian in meeting summary reports to be included in the public record as described by this protocol. Public meetings will be held at various locations in the vicinity of the Smith Mountain Project. Notice shall be provided to the public at least thirty (30) days prior to the date of any meeting. Documentation of the public meetings shall be developed through various media including but not limited to: (1) meeting notes; (2) audio recordings; and/or (3) video recordings. The public meeting documentation shall be posted as appropriate on the web site (www.smithmtn.com) within no more than ten (10) working days of the date of the public meeting.
B. Coordination Meetings
Meetings of participants in the ALP will be conducted as necessary throughout the process. The meetings will for the most part be held in the vicinity of the Smith Mountain Project. The preference is for meeting attendees to be present in person. However, when requested by a participant, arrangements may be made for participation via telephone. Any request for being included in a coordination meeting via telephone shall be made to Appalachian at least twenty (20) days in advance of a scheduled meeting in order that the proper arrangements can be made.
Coordination meetings will be scheduled by Appalachian and noticed by Appalachian through the appropriate media including but not limited to: (1) local newspapers; (2) radio; (3) television; and (4) the web site established specifically for the preparation of the application for new license, www.smithmtn.com. Notices of coordination meetings will be mailed to individuals on the “Participants List”. All notices of Coordination Meetings shall be provided at least thirty (30) days prior to the date of the meeting unless mitigating circumstances do not allow for such notice.
The meetings shall be documented by Appalachian in meeting summary reports to be included in the public record. Documentation of the meetings shall be posted on the web site and copies of notes provided to the meeting attendees and those listed on the “Participants List”. The aforementioned documentation shall be posted within ten (10) working days of the date of the meeting. All notes shall be reviewed prior to incorporation into the public record and include documentation that the notes have been reviewed by the meeting attendees. In addition, documentation of any agreement and/or disagreement with the notes by any meeting attendees shall be included for incorporation into the public record.
C. Telephone Conversations
All verbal communication pertinent to the ALP for the Smith Mountain Project shall be recorded utilizing log sheets and/or electronic media. Unless otherwise agreed to by the participants to a telephone conversation that includes staff of the Commission and/or Appalachian, the documentation of the telephone conversation shall be prepared by either Commission staff or staff from Appalachian depending on which is involved. Where both parties are involved, Appalachian staff shall prepare the documentation. Where neither party is involved, documentation shall be prepared by one of the individuals who participated in the telephone conversation as agreed by those involved in the conversation and copies of that documentation provided to Appalachian for inclusion within the public record. The records of telephone conversations shall be utilized to track communications among the Commission, Appalachian, resource agencies, local governments, non-governmental organizations, interested parties and the public. Prior to submitting notes of telephone conversations to the public file, all participants to a phone conversation shall be provided a draft copy of the documentation for review and comment. All documents containing the notes from any telephone conversation shall be accompanied by documentation that all participants that were part of the conversation reviewed the notes and either concurred or did not concur with the content of those notes. Any comments received from the participants in the phone conversation shall also be documented and those documents incorporated into the public file.
D. Teleconference Calls
All teleconference communications pertinent to the ALP for the Smith Mountain Project shall be recorded utilizing log sheets and/or electronic media. Unless otherwise agreed to by the participants to a teleconference call that includes staff of the Commission and/or Appalachian, the documentation of the teleconference call shall be prepared by either Commission staff or staff from Appalachian depending on which is involved. Where both parties are involved, Appalachian staff shall prepare the documentation. Where neither party is involved, documentation shall be prepared by one of the individuals who participated in the teleconfernce as agreed by those involved in the call and copies of that documentation provided to Appalachian for inclusion within the public record. The records of teleconference calls shall be utilized to track communications among the Commission, Appalachian, resource agencies, local governments, non-governmental organizations, interested parties and the public. All documents containing the notes from any teleconference shall be accompanied by documentation that all participants that were part of the conversation reviewed the notes and either concurred or did not concur with the content of those notes. Any comments received from the participants in the teleconference shall also be documented and those documents incorporated into the public file.
At least seven days notice shall be given to all expected teleconference call participants by the individual scheduling the conference call prior to the call being made. That individual will also be responsible for making all appropriate arrangements and notifications.
E. Written, Oral and Electronic Communications
Copies of written materials associated with the ALP for the Smith Mountain Project will be kept in the appropriate public files by Appalachian and will be available to the public as part of the public record. Copies of written communications and any other communications not specifically addressed in paragraphs A through D above, that are relevant to the ALP for the Smith Mountain Project and received by Appalachian from any entity or sent by Appalachian to any entity, will be incorporated into the public record. All written communications must have the following clearly displayed on the first page:
Smith
Mountain Project (FERC No. 2210) - Application for New License
All e-mail communications associated with the ALP for the Smith Mountain Project shall be copied to Appalachian. Those communications shall be posted and retained on the web site for the Smith Mountain Project (www.smithmtn.com). Copies of the e-mail communications shall be sent to fmsimms@aep.com in order to include them into the public record.
F. Public Record
Copies of the meeting summary reports, records of telephone conversations, documentation of teleconference calls, and written and oral communication documenting communications related to the ALP for the Smith Mountain Project shall be maintained on file at the following location:
American Electric Power
Hydro Generation
40 Franklin Road
Roanoke, Virginia 24011
The same information will be available to the public via the web site established for the relicensing of the Smith Mountain Project: www.smithmtn.com.
Any individual or group involved in the ALP for the Smith Mountain Project may communicate verbally with staff of the Commission without notice to the other parties provided:
1. Each such communication shall be fully summarized in writing. Unless agreed to otherwise by the participants in the communication, Commission staff participating in the communication shall be responsible for preparing the documentation and providing copies to those participating in the ALP and incorporated into the public record.
2. If communication with staff of the Commission concerns an underlying document related to the ALP, a copy of that document shall be incorporated into the docket for this proceeding and into the public record.
The Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426
All written communications to the Commission must have the following clearly displayed on the first page:
Smith
Mountain Project (FERC No. 2210) - Application for New License
Informal communications with Commission staff may be necessary during the ALP. These communications may concern the procedures or substantive issues, and may occur without prior notice to other parties. Oral communication with Commission staff that involves a substantive issue (as opposed to a procedural issue) will be summarized as described above for telephone conversations. A copy of any documentation of the conversation will be provided to Appalachian for incorporation into the public record.
Progress Reports
In accordance with the conditions of 18 CFR 4.34(i)(6)(ii), Appalachian during the term of the ALP will provide to the Commission progress reports of activities completed during the past six-month period and the schedule of major milestone events and consultations for the coming six-month period. Filing of these reports shall begin six months after the Commission approves the use of the ALP. Copies of the progress reports, as filed with the Commission, will be provided to all interested parties participating in the ALP by the methods described within this protocol for providing information to the public and interested parties.
SMITH MOUNTAIN
PROJECT NO. 2210
COMMUNICATIONS
PROTOCOL
FOR THE
PARTICIPANTS
IN THE
ALTERNATIVE
LICENSING PROCESS
I, the undersigned, as representative for the: (1) State or Federal Agency; (2) local government; or (3) non-governmental organization listed below support Appalachian Power Company (Appalachian) in consolidating the National Environmental Policy Act (NEPA) process with the Federal Energy Regulatory Commission’s (Commission) pre-filing consultation process and proceeding to prepare and file an application for new license under the Commission’s rules and regulations related to the Alternative Licensing Process (ALP).
I have read and agree to follow the Communications Protocol proposed by Appalachian to guide communications and information exchanges related to the ALP for the Smith Mountain Project (FERC No.2210).
Signed by:
________________________________________________ Date:_____________
Printed Name
Representing:
Name: ______________________________________________________
Address: ______________________________________________________
Contact Phone No. _______________________ e-mail ________________________
ALTERNATIVE
LICENSING PROCESS
PARTICIPANTS LIST
JULY 8, 2003
APPALACHIAN POWER COMPANY
SMITH MOUNTAIN
PROJECT NO. 2210
ALTERNATIVE
LICENSING PROCESS
PARTICIPANTS LIST
JULY 8, 2003
Alan Creamer Federal Energy Regulatory Commission (FERC)
Jerold Gotzmer FERC – Atlanta Regional Office
David Sutherland U.S. Fish and Wildlife Service
Joel Gardner USDA Forest Service – Southern Region
Donald Welch U.S. Environmental Protection Agency – Region 3
Pat Kurkul National Marine Fisheries – N.E. Region
Regional Director National Park Service – Capital Region
Terry Brown U.S. Army Corps of Engineers – Wilmington Dist.
Roger White U.S. Geological Survey
Chief Leon Jones Eastern Band of Cherokee Indians
Mike Nedd Bureau of Land Management – Eastern States
Charlotte Herbert Mears FEMA – Region III
Virgil H. Goode, Jr. United States Congress
Bud LaRoche Virginia Dept. of Game & Inland Fisheries
W. Tayloe Murphy Virginia Natural Resources Commission
Robert Stroube Virginia Dept. of Health
Kathleen Kilpatrick Virginia Dept. of Historic Resources
Steve Dietrich Virginia Dept. of Environmental Quality
Joseph Hassell Virginia Dept. of Environmental Quality
Bob Munson Virginia Dept. of Conservation & Recreation
William Pruitt Virginia Marine Resources Commission
Cody Walker Virginia State Corporation Commission
APPALACHIAN POWER COMPANY
SMITH MOUNTAIN
PROJECT NO. 2210
ALTERNATIVE
LICENSING PROCESS
PARTICIPANTS LIST
JULY 8, 2003
(Cont’d)
Richard Huff Franklin County, Virginia
Charles Poindexter Franklin County, Virginia
Bonnie Johnson Franklin County, Virginia
Scott Martin Franklin County, Virginia
William Rolfe Bedford County, Virginia
Wayne Carter Mecklenburg County, Virginia
Greg Sides Pittsylvania County, Virginia
Jerry Lovelace Halifax County, Virginia
Russell Clark Charlotte County, Virginia
Paul Harvey Campbell County, Virginia
Bobby Krantz Town of Hurt, Virginia
Joseph Williams Town of Brookneal, Virginia
Bryan Foster Town of Altavista, Virginia
Ken Cabarle City of Roanoke, Virginia
Russell Slayton Regional Partnership of Local Governments
Steve Campbell Association of Lake Area Communities
Ralph Brush Smith Mountain Lake Association
Ron Willard, II Smith Mountain Lake CC/P
Jack Dunavant Southside Concerned Citizens
Tom Stutts Staunton River Scenic Advisory Committee
J.T. Davis Friends of the Staunton
Bill Tanger Friends of the Roanoke River
Cole Poindexter Staunton River Watch
Stan Smith Tri-County Lake Association Committee
Shelton Miles Citizens for Preservation of the River
Jeff Horton The Nature Conservancy – N. Carolina Chapter
Andrew Fahlund American Rivers
Bob Lindsay Roanoke River Basin Association
Chuck Poss Smith Mountain Lake Boating Association
John Lindsey Water Conservation Alliance
Tom Lovegrove Smith Mountain Lake Chamber of Commerce