|
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON. D. C. 20426
OFFICE OF HYDROPOWER LICENSING
Project No. 2305-016--Texas and Louisiana Toledo Bend Project
Sabine River Authority-LA & TX
DEC 15, 1998
Mr. Maynard Nelson
Sabine River Authority
P.O. Box 579
Orange, TX 77631-0579
Dear Mr. Nelson:
This refers to the material you filed on September 18, 1998 concerning the minimum reservoir operating level for the Toledo Bend Project. The current minimum reservoir elevation for the project is 162.2 feet mean sea level (m.s.l.).
By letter dated July 31, 1998, we requested you provide specific information in response to an inquiry from Larry Kelly, Chairman of the Toledo Bend Bi-State Alliance (TBBSA) and we informed you of the requirements of articles 37 and 43 concerning changes to project reservoir operations. In general, Mr. Kelly states the TBBSA supports the establishment of 168 feet m.s.l. as the minimum reservoir level for the project reservoir for routine power generation. Further, Mr. Kelly indicates this minimum reservoir level is important to the economic and recreational life of the reservoir and the surrounding area. In support of this position, Mr. Kelly refers to a previously submitted petition signed by several thousand individuals supporting the establishment of 168 feet m.s.l. as the minimum reservoir level and a study entitled "Operating Guidelines Re-evaluation Study" by Brown and Root dated July 1998. The study examined various reservoir operating scenarios for the project, including simulation no. 6 which provides a 168 foot m.s.l. minimum reservoir elevation. The TBBSA support the adoption of simulation no. 6 for the project.
The information you provided responds to our July 31, 1998 request.1/ Your filing includes a description of the project's current and historic reservoir operating levels, applicable project generation records, a response to Mr. Kelly's letter, a discussion of the project's compliance with articles 37 and 43, and a copy of the Brown and Root study.
On October 20, 28, and 30 1998 the TBBSA filed comments and other information in response C~o your September 18, 1998 filing. In addition, on November 9 and 16, 1998, respectively, Louisiana State Representative Joe R. Salter and State Senator Mike Smith notified the Commission of of their support of TBBSA's position.
As you know, article 37 requires the Sabine River Authority to adjust the project's reservoir operation schedule to accommodate recreation use of the reservoir area, as compatible with the primary purpose of the project (power generation) and the requirements of downstream releases. In your filing you state that given the project is complying with approved recreation plans submitted under article 35 you believe the requirements of article 37 have been satisfied. In further support of your contention you note the Commission's Atlanta Regional Office has found the project acceptable during past project inspections and the apparent success of recent fishing tournaments at the reservoir.
Regarding article 43, you note the Commission accepted your plans to make the project economically sound when it issued the license for the project. Article 43 requires the Sabine River Authority to increase the installed capacity of the project or make other changes in the project (i.e. changes in reservoir operations), as directed by the Commission, to the extent such changes are economically sound and in the public interest, after notice and opportunity for hearing. This article relates to the Commission's reserved authority to prescribe certain actions relating to changes to the project. Absent any prescription made by the Commission pursuant to this article, you have no obligations under article 43.
In addition, you state that the Brown and Root study was conducted in response to the concerns of Mr. Kelly and the TBBSA. Further, you indicate that meetings are taking place between the parties to the power sales agreement for the project to consider the matter. Specifically, you state these parties are investigating possible modifications to project operations that would benefit recreational interests without having detrimental effects on other interests.
Based on our review of the information provided, it appears you have been taking appropriate steps to respond to the concerns of TBBSA and local citizens. We applaud the actions of the Toledo Bend Project Joint Operation Board to authorize the Brown and Root study. This study has produced useful information that warrants further consideration with respect to possible changes to project's minimum reservoir operating level. In this regard we are very pleased that you are meeting with parties to the power sales agreement to investigate possible changes in project operations. Based on the information provided and your continuing consideration of possible changes in project operations to better accommodate recreation use of the
reservoir area, it appears that you complying with article 37 at this time.
We request that you keep Mike Kelly of the TBBSA informed of the results of the above meetings and continue to work with the TBBSA on this issue. We are hopeful that you and the TBBSA can work together to reach a mutually acceptable solution to this matter. If you and the TBBSA believe it would be helpful, we are willing to assist in whatever way possible to bring this matter to a conclusion.
In order that we may keep the Commission apprised of the status of this matter, we request that you provide us with written progress reports of your investigation. Within 30 days of the date of this letter, and every 60 days thereafter, please file a progress report of your meetings with parties to the power sales agreement and your work with the TBBSA. Please provide these reports throughout your investigation. Your last progress report should describe, in detail, your final determination on this matter and include copies of any appropriate supporting documentation. If you conclude that changes to project operations are appropriate and you propose to implement such changes, please include in your filing your plans and schedule to file an amendment application for Commission approval. Based on the results of your investigation and other information in the Commission record, the Commission will determine whether or not it is necessary to exercise its reserved authority under article 43.
Please file an original and eight copies of the requested progress reports with:
The Secretary
Federal Energy Regulatory Commission
Mail Code: HL-11.2
888 First Street, NE
Washington D.C. 20426
Also, please send a courtesy copy of each report to the TBBSA. Thank you for your cooperation. Please contact Mr. Jon E. Cofrancesco at (202) 219-0079, if you have any questions on this matter.
Sincerely,
(Original Signed)
Carol L. Sampson
Director
Office of Hydropower Licensing
CC:
Larry E. Kelly, Chairman
Toledo Bend Bi-State Alliance
P.O. Box 873
Many, LA 71449
Barton Rumsey
Project Supervisor for Engineering
Sabine River Authority
P.O. Box 579
Orange, Texas 77631-0579
Mr. J. B. Meyers
Rt. 1 Box 1505P
Hemphill, TX 75948
|
