HomeMy WebLinkAboutC.054.93011_1272 (2)Commissioner Robertson and Chairman Tice said the entities knew about the relicensing
project. Tice said the Mooresville officials, she knew, were aware of the user group.
Commissioner Johnson asked, should the county sign off on the agreement, if the board
might be consigning financial harm in the future. He asked the timeframe to sign the agreement.
Commissioner Robertson said the agreement would be approved regardless of the
county's action. He said the deadline was August 1 I .
Attorney Pope said he shared Mr. Robertson's concerns of "creating a pocketbook for
politicians;" but there was language in the agreement that provided some comfort. He said the
language stipulated "a consensus for the target amounts to be changed." Pope said the amount
started at $550,000.00, and a consensus was defined as "unanimous support." He said it wasn't
clear to him that the chartering committee would be lawful in changing the language. Pope said
the agreement empowered the chartering committee, and he felt it could be argued the group
only had authority to do what was in the document. Pope said he felt a "good faith argument"
could be used on this point. He said there was some hope the user funds would not be exploited.
Commissioner Johnson said he understood that if the board members didn't go along
with the agreement, they would be disallowed to provide any input.
OTIO by Commissioner Robertson to approve the Catawba-Wateree (Duke Energy)
Relicensing Resolution that Authorizes the Iredell County Board of Commissioners Chairman to
Sign the Final Agreement.
VOTING: Ayes — 5; Nays — 0.
CATAWBA-WATEREE HYDROELECTRIC PROJECT
RESOLUTION
WHEREAS, the Catawba-Wateree Hydroelectric Project (the "Project owned by (Duke Power Company
LLC ("Duke") consists of 13 hydroelectric generation stations located on I I reservoirs on the Catawba and Wateree
Rivers in North and South Carolina, and for which, in 1958, the Federal Energy Regulatory Commission ("FERC")
issued a 50 -year operating license that will expire on August 31, 2008; and
WHEREAS, Iredell County has direct interests in the Project because the County jurisdiction is within a
significant portion of the project; and
WHEREAS, Duke undertook a Relicensing Process (the "Relicensing Process") for the Project to obtain a
new FERC operating license (the "New License") to rise to modem -day standards for Project -related resource
impacts; and
WHEREAS, Iredell County, represented by Planning Department Personnel (Ron Smith and later Steve
Warren), participated as a stakeholder in the Relicensing Process during the period from 2003 through 2006; and
WHEREAS, the results of three years of negotiations among more than 160 stakeholders (more than 80
organizations), together representing a broad set of interests in the Project, were initially captured in a non-binding
Agreement -In -Principle in April 2006 and were then formalized in a contractual Comprehensive Relicensing
Agreement ("Final Agreement") (signature copy dated June 8, 2006) that will run for the period of the New License,
40-50 years; and
WHEREAS, Planner Steve Warren presented to the Iredell County Commission progress reports on the
Relicensing Process and presented on August 1, 2006 an assessment of the benefits of Iredell County becoming a
Party to the Final Agreement; and
WHEREAS, the Iredell County Commission has reviewed and considered the benefits and commitments of
becoming a Party to the Final Agreement and has concluded that it is in Iredell County's best interest to become a
Party to the Final Agreement.
NOW, THEREFORE, BE IT RESOLVED, that Sara Haire Tice, Chairman, Board of Commissioners, is
approved to sign the Final Agreement for Iredell County thereby entering into a contract with Duke and the other
Catawba-Wateree Relicensing Project Stakeholders for the certain benefits and commitments as identified in the
Catawba Wateree Relicensing Final Agreement; and
FURTHER RESOLVED, that the Board of County Commissioners of Iredell County be, and they hereby
are, authorized, empowered and directed to do or cause to be done all such further acts and things as they may deem
12