

[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]               
[Page 27486-27487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-62]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 199-212]

 
Herbert Butler, et al., Complainants v. South Carolina Public 
Service Authority, Respondent; Notice Dismissing Complaint

May 3, 2006.
    On February 21, 2006, Herbert Butler, et al. (Complainants) filed a 
complaint against South Carolina Public Service Authority (Public 
Service), licensee for the Santee-Cooper Project No. 199, located on 
the Santee and Cooper Rivers, in Berkeley, Calhoun, Clarendon, 
Orangeburg, and Sumter Counties, South Carolina.\1\ On March 31, 2006, 
Public Service filed an answer to the complaint. On March 30, 2006, the 
United States Army Corps of Engineers (Corps) filed comments.
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    \1\ The existing 118-megawatt (MW) Santee Cooper Project 
consists of: The 2.2 mile-long Santee Dam on the Santee River; the 
1.2 mile-long Pinopolis Dam on the Cooper River; the 5-mile-long 
Diversion Canal which connects Lake Marion and Lake Moultrie; the 
Santee Spillway Hydroelectric Station with one 2.0-MW turbine; the 
Pinopolis Hydroelectric Station with one 8.0-MW turbine and four 
27.0-MW turbines; the 43-mile-long Lake Marion Reservoir, located on 
the Santee River; and the 12-mile-long Lake Moultrie Reservoir, 
located on the Cooper River.
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    The Complainants contend that Public Service has and continues to 
operate the project in violation of its license so as to cause 
unnecessary floods on the Complainants land. They have asked the 
Commission to investigate and to stop Public Service from its 
continuing violations of its license. The Complainants specifically 
allege that it is Public Service's operation of the Corps' St. Stephen 
Hydroplant \2\ that is causing flooding on their land.\3\
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    \2\ The St. Stephen Hydroplant is a Corps-owned power project 
that is operated by Public Service. Congress authorized the 
construction of a rediversion project which included a rediversion 
canal to connect Lake Moultrie to the Santee River, reducing the 
flow of fresh water into Charleston Harbor through the Cooper River. 
The St. Stephen powerhouse was built as part of this project. Public 
Service operates the St. Stephen's project pursuant to a 1977 
contract between it and the Corps.
    \3\ Complainants also allege, without elaboration, that Public 
Service violated Articles 38, 40 and 53 of its license. Article 38 
requires Public Service to implement and modify when appropriate the 
emergency action plan on file with the Commission. The plan is 
designed to provide an early warning to upstream and downstream 
inhabitants and property owners if there should be an impending or 
actual sudden release of water caused by an accident to, or failure 
of, the Santee Cooper Project works. It also requires Public Service 
to monitor upstream or downstream conditions for the purpose of 
making appropriate changes to the emergency action plan. Article 40 
requires the installation and operation of notification and warning 
devices that may be needed to warn the public of fluctuations in 
flow from the Santee Cooper Project. Article 53 requires Public 
Service to obtain flowage easements over land inundated by project 
waters within the Santee Cooper Project boundary. Complainants have 
not demonstrated any violation of these articles, nor of any other 
requirement of its license.
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    The Commission's regulations provide that a complaint may be filed 
seeking Commission action against any person alleged to be ``in 
contravention or violation of any statute, rule, order, or other law 
administered by the Commission or for any other alleged wrong over 
which the Commission may have jurisdiction.'' \4\ The regulations 
further provide that the complaint must [c]learly identify the action 
or inaction which is alleged to violate applicable statutory standards 
or regulatory requirements.'' \5\
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    \4\ See 18 CFR 385.206(a)(2005).
    \5\ Id.
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    The crux of Complainants' allegations is that flooding has been 
caused by the operation of the Corps' St. Stephen's project. Because 
the Corps' project is a Federal project, which is outside the 
Commission's jurisdiction, and since the Complainants do not allege 
that Public Service is in violation of its license, the Federal Power 
Act, or the

[[Page 27487]]

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Commission's regulations, the complaint must be dismissed.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-7188 Filed 5-10-06; 8:45 am]

BILLING CODE 6717-01-P
