Toledo Bend Bi-State Alliance
210 Hillcrest Drive or Rt.l Box 1069
Anacoco, La. 71403 Hemphill, Tx.75948
February 2, 1999
Honorable David P. Boergers
Federal Energy Regulatory Commission
888 First Street NE Mail Code HL-11.2
Washington, D.C. 20426
Subject: Water Level - Toledo Bend Reservoir (P-2305)
Reference: Tdedo Bend Project Joint Operations January 8, 1999 Response to the FERC Letter of December 15, 1998
Deer Secretry Boergers:
We believe the referenced report clearly demonstrates that the Toledo Bent Project Joint Operations has no intention of voluntarily
changing the Operating Guide for the reservoir.
Therefore,we again request the Federal Energy Regulatory Commission exercise its reserved authority under Article 43 of the operating license granted the sabine River Authorities of Louisiana and Texas. And that you issue an order to require the change in reservoir operations to the criteria oulined in Simulation #6 of the Brown & Root Operations Guide Re-Evaluation Study, July 1998.
It is obvious from reading their report, that there have been no negotiations between the Sabine River Authorities and the power companies since prior to the SRA's report filed September 15, 1998. The action taken by the SRA of Louisiana has primarily been as a result of the efforts of the Alliance. That action was to obtain tbe services of an attorney who re-stated the SRA's position as it relates to tbe Power Sales Agreement. Plus, Mr. Aubrey Temple, President of the Board of Directors, Sabine River Authority of Louisiana, sent an Executive Summary on this subject to the Governor of Louisiana. We are hopeful something positive will result from that action. There has been no action on the part of the SRA of Texas.
The TBPJO continues to cite the Power Sales Agreement as the reason they can not change the reservoir operation guide, when:
The Operating Guide Rule Curve is not a part of the Power Sales Agreement.
The estimated Peaking Power is an annual requirement, not monthly as set forth in the present Operating Guide.
The Power Sales Agreement reserves the rights of the Arthorities to operate the reservoir. (See Article V, Section 5.05, paragraph 5. found at enclosure 1.).
The Power Sales Agreement in Article VIII, General Conditions, Section 8.01 State and Federal Laws "This Agreement, and the construction and operation of the Project, shall be subject to the requirements imposed by state and federal laws and the rules, regulations and orders of government agencies having jurisdiction in the premises". By your issuing an order umder Article 43 of the Power License the Authorities and Companies would be required to comply. Compliance with any order issued by your office would be within the terms of the Power Sales Agreemet.
Our specific comments concerning the information in the referenced report are attached. As is pointed out in our comments, since August 29, 1995, the first day the lake was taken below 168' msl in 1995, through December 31, 1998, Toledo Bend Reservoir was below 168' mean sea level for a total of 620 days out of 1,219 days. That is a total of 50.8% of the time.
Your favorable action to our request in paragraph 2 above is critical to the recreational use of the reservoir and will not be detrimental to other concerns. Simulation #6 of the Brown & Root Study indicates there will be no adverse financial impact for the Sabine River Authorities as a result of this change.
You may contact me at (318) 286-9946 or Janna Lehman Co-Chairman, Texas at (409) 625-3394 or write to the above addresses.
Larry E. Kelly
Page 2. Letter to FERC February 2, 1999.
Attachments: 1 (Specific Comments to the SRA's Letter of January 8, 1999).
Enclosure: 1 (Copy of Article, Power Sales Agreement)
Copies: (without enclosure 1)
Governor George Bush of Texas
Goveror M. I. (Mike) Foster of Louisiana
Lt. Governor K. Blanco of Louisisna
Secretary, Federal Energy Regulatory Commission
Director, Sabine River Authority of Louisiana
General Manager, Sabine River Authority of Texas
President, Board ofDirector, Sabine River Authority of Texas
President, Board of Commissioners, Sabine River Authority of Louisiana
U. S. Senator M. L. Landrieu of Louisiana
U. S. Senator J. Breaux of Louisiana
U. S. Senator P. Gramm of Texas