<< Back 5/7/03 Mixed mitigation best scenario for Duke relicensing SMN The emotional appeal to create a mitigation fund created by Duke Power to pay for environmental and educational efforts is immense. In the end, though, it may not be the best outcome for the relicensing process that is under way right now. The enthusiasm for a cache of money must be tempered with a realistic assessment of what will be best for Western North Carolina residents. Duke, formerly NP&L, is having to license its Western North Carolina hydroelectric plants for the first time. When those plants were built a generation ago, the utility companies simply bought or condemned land, built dams and powerhouses, flooded the property and started making electricity. There was little consideration given to the environmental effects or the former property owners. Electricity was progress, and it was hard for a few disgruntled property owners to get empathy from neighbors and family members who were turning on their first electric lights and installing electric washing machines. Now, however, all is different. The utility company must meet protocols set forth by the Federal Energy Regulatory Commission (FERC). Because of a 1986 amendment to the Federal Power Act, FERC is mandated to give equal consideration to fish and wildlife, habitat protection and recreation — as well as power generation. In other words, some concessions will be made by Duke. It could come in the form of water releases where water hasn’t flowed for decades. It may be more regular releases in order to better accommodate aquatic species in some of its waterways. Picnic areas and boat launches may be built. Or, as some have suggested, a fund may be established to pay for ongoing efforts. Many have pointed to the Pigeon River Fund in the Pigeon and French Broad River basins as an example of what Duke could do. The difference, though, is that the water in the Pigeon was so polluted — as was the lake bottom at the impoundment at Waterville — that state and federal wildlife groups did not want water put back in the bypass. Since that was not going to occur, the Pigeon River Fund was started. Duke does not have this problem. For its part, Duke has taken the high road during this relicensing process. The stakeholder teams from the Nantahala and Tuckaseigee basins have held open, public meetings where different options have been discussed. Residents could not have asked for a more accommodating process. Now, however, with the applications due by July 31, it is time to go past discussions and develop a concrete proposal. State and federal wildlife authorities want Duke to take steps to restore habitat, and they list a mitigation fund last on their general desires. Others want some minimum flows on some branches of the Tuckaseigee. Whitewater enthusiasts and many environmentalists want the Dillsboro dam removed. In the end, it will take a mixed bag of mitigation efforts to conclude this process. That may include a monetary settlement, the money is not the end all in this case.