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Gosh... perhaps I should not listen to what TVA says in its own publications.

Specifically, temperature variation in discharges ARE under NPEDS regulations. It does apply to all TVA Dams.

Again in TVA's own words...

"Reservoir releases improvements

Two conditions related to hydropower production can be harmful to fish and other forms of aquatic life: low concentrations of dissolved oxygen in the water released through the dam during generation, and dry riverbeds that result when hydro generation is shut off. Since the early 1990s, TVA has spent about $60 million to address these problems."

If TVA was omnipotent, they would not have spent the money. In fact, it was lobbying to the regulatory commissions that brought this about.

Again I quote TVA's own website: "All of TVA’s power generation facilities hold discharge permits" This does not say 'except for hydroelectric power".

Re: the Appalachian powerhouse and FERC. You are well aware that Appalachia powerhouse is grandfathered in. However.... should there be a need to alter that dam or build any new TVA dam... they will have to apply to FERC just like any other power company because thats what TVA is now. Just another power company.

And.. to put the matter to rest once and for all, here is a link to a FERC order TO TVA that dates back to 2005.

http://www.ferc.gov/news/news-releases/2005/2005-3/08-03-05.asp


"The Federal Energy Regulatory Commission today ordered the Tennessee Valley Authority (TVA) to interconnect its power system with East Kentucky Power Cooperative (EKPC) and to provide EKPC with coordination services necessary to deliver energy to Warren Rural Electric Cooperative Corp. in Bowling Green, KY."

FERC does not hold regulatory power over TVA in just Kentucky... its a nationwide authority. If FERC did not have authority over TVA, then the order would have been ignored. It was not and the connection was made.

The reason I am so familiar with these matters is that I was often called on by the State of Georgia to testify as an expert witness before the Georgia Senate and House of Representatives. The last major project I worked on was the proposed Flint River Dam in Georgia which was defeated.

I have worked on and off for the last 30 years with Trout Unlimited and the Nature Conservancy regarding charter and permit violations associated with TVA.

All the claims you state are easily refuted simply by going to the FERC and TVA websites and reading their material.

Saepae interrerunt alles, meditantes necem.

Regards.

John

Note.... using your link at FERC, I found that FERC first began regulatory oversite of TVA and ALL Federal power systems in 2002.

Where do I check to see which of the crafty things I like best?

JB
 
Your ignorance of the TVA and FERC are showing.

It is true TVA has made reservoir release improvements. The improvements were not required by NPDES or FERC. I am quite certain that some of the improvements were funded through monies designated by congress for environmental resources, again not NPDES or FERC.

Since it the websites says all generating facilities hold a permit, should not you be able to find one hydro related NPDES or FERC permit? Both are public documents.

Apalachia is spelled with one "p", just like the Hiwassee river in TN is not spelled "Hia...". Again you are showing your ignorance as FERC doesn't grandfather any of their hydroelectric projects. Of course you still have failed to grasp that FERC only regulates non-Federal hydropower dams.

The link you provided deals with transmission lines, not hydroelectric facilities.

If it is so easy to find on FERC and TVA websites, then why have you yet to show a NSDES permit or a FERC license for any of TVA hydroelectric facilities? Simply answer is because the permits and license don't exist.

I still can't figure out what a "charter" is, with whom and to whom are TVA chartered?
 
R14 i'm not stupid, but thanks for trying to fix my spelling. i also know that HIWASSEE has "ss" not s. the point here is not grammar, but the fact that the fish are dying in a river that is the direct source of income for an extremely poor area, not to mention the ecological impact on the river due to TVA. do not insult me or anyone else who is trying to find and fix a real problem. leave this for the people who really care about fishing and ecology.
 
R14,

I apologize for any typos that occur in my messages. Most of my time for forum comments is at odd hours and I am usually forgiven for typos that pop up. Please notice that the original posting had the name spelled correctly. I have always had trouble with Hiwassee as I usually add an "a" as many of us hillbillies do when we add an "r" to wash.

In closing, regarding your comment on The Tennessee Valley Authority (power company). TVA states clearly that they receive NO funds at all from congress. TVA is and has been for years... funded solely from the sale of electricity. FERC and Congress do not fund TVA or TVA projects.

RE: my statement - RERC filings and TVA... ""Also... TVA dams ARE regulated by FERC.... just read any TVA dam application for changes to existing dams or new construction. "" (my earlier statement) I do stand corrected on this... TVA dams ARE exempt from FERC regulations as it is a Federally owned power company and predated FERC's existance. That is a moot point as TVA hasn't built any new dams in decades that I am aware of.

I am sure that TVA is still subject to the terms and provisions of The Tennessee Valley Authority Act of 1933 and its numerous revisions beginning with its transformation to government owned power company. EPA recently lost a court case against TVA that is still in review, but at least established that TVA can be sued for violation of EPA standards which would be a form of regulation. I will keep an eye on this and we will see what happens during the US Supreme Court Review. Prior to this case, the EPA had been unsure that they could sue TVA as a government owned corporation.

Charter is an archaic legal term in this case that I applied incorrectly. I should have said The Tennessee Valley Authority Act of 1933, but charter seemed shorter.

Gosh.... I really hate missing out on the craft things, but in the spirit of angling that this thread was originally designed to serve, I am happy to offer you a dozen of my hand tied flies or bass poppers as a peace offering.

Remember, I am not an attorney, but rather a hydrologist. I will refrain from injecting my interpretation of legal matters to those more qualified. Until then, I will continue to stand below the dam and hurl rocks at it.

Regards,

John

PS... let me know where to send the flies...
 
No peace offering is necessary. Just trying to get you going down the correct path. It is easier to do a search when you spell the Dam and the River correctly, as both are often misspelled. I myself, am poor at grammer and spelling, so my intention was just to inform you.

TVA is exempt from FERC (and FERC's predecessor, FPC 1930-1977) not because they are old, but because the Federal Power Act and the TVA Act both exempt TVA.

If the EPA v. TVA case your talking about is this one (http://www.usdoj.gov/osg/briefs/2003/2pet/7pet/2003-1162.pet.aa.html), then it has nothing do with hydro, as the case is about the Clean Air Act (and pollution from coal fired plants).

As a hydrologist, you should be keenly aware of the Clean Water Act particular section 404 and 401. Section 404 is the dredge and fill permit adminstrated by the US Army Corp of Eningeers. Section 401 is for discharges into navigable waters with EPA being the lead agency. EPA has in turn giving the control of Section 401 permits to state water quality agencies (and Indian tribes). In TN, the lead agency is TDEC. I suggest you looking into the CWA section 401 certificate for each dam that you are interested in.

Here is some reading material for you;
EPA Section 401- http://www.epa.gov/OWOW/wetlands/regs/sec401.html
and TDEC Section 401 authority: http://www.tennessee.gov/sos/rules/1200/1200-04/1200-04-07.pdf
 
Thanks...

Thats what I get for making assumptions... that TVA was subject to what my non TVA dams were regulated by. When they went to being a power corporation I made the mistake of thinking the regs changed too.

Now I have to call TVA back up and apologize for being a raving maniac. Oh well....

Thanks for the links... I have been retired for almost a decade now and really need to do some reading and research or else... go on a diet of crow.

Regards,

John
 
brushhog, please explain????

Ocoee (which flows into the Hiwassee) had sludge spill but what in the devil are you talking about.
 

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