Smith Lake Topics: Still pumping

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	Name:	keyman -
	Subject:	Still pumping
	Date:	2/26/2009 11:11:40 PM

Ron
APC may try to argue many things.
The below quote is taken from the original license in 1957.

"The project is best adapted to a comprehensive plan for improving and developing the Sipsey Fork of the Black Warrior and the Black Warrior River for the use and benefit of interstate or foreign commerce, for the improvement and utilization of water-power development, and for other beneficial public uses, including recreational purposes."

The definition of water-power
The power of flowing or falling water to drive machinery or generate electricity.

As a part of the license APC was supposed to follow a rule curve.
There inability to follow this curve is what led to the current dispute. APC takes more water than the rules allow. This water is being taken for a use that is not an authorized purpose. Had APC followed the rules Smith Lake would typically have been near the 505' on Labor Day. FERC has already stated that APC must find a way to comply with the rule curve. Without Gorgas decreasing production or the addition of cooling towers APC can not follow the current rule curve or the SLISA proposed curve.

keyman