FERC Grants the State Intervention

Well, I was wrong.

“Pursuant to Rule 214, the motion to intervene filed by the State of North Carolina is granted, subject to the Commission’s rules and regulations.”

On 4/17/2009 at 4:00 PM, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued a two-paragraph NOTICE GRANTING LATE INTERVENTION, which ended with the above statement. I said it was unlikely. The FERC evidently found sufficient reason to allow the State to proceed.

What does it mean? What is the next step? I’m not for sure. Following is what the State asked for:

“The State therefore moves to intervene to curtail APGI’s vestigial private control of this segment of the Yadkin River and to rededicate this valuable resource to significant public use.”

The State also asked for a hearing:

“….the State of North Carolina further moves the Commission for an Order initiating and noticing a hearing at the earliest possible date on the State’s Motion to Intervene.”

The FERC has not ruled on this request and I can’t tell if the hearing was requested to support granting the intervention (which has been granted) or to present the State’s case for takeover after the intervention has been granted. The State did follow up with:

“The State of North Carolina will promptly file with the Commission its full comments on the pending relicensing application, as well as all other documents and information supporting its position that the relicensing application should be denied and that the United States should take over this project following the expiration of the license.”

So, stay tuned. Relicensing of the Yadkin Project by Alcoa is not a done deal. We live in interesting times.

……………………….Garry