Thursday, Jul. 09, 2009

State denies key permit to Duke for Catawba dams

The S.C. Department of Health and Environmental Control board denied a key permit Duke Energy needs to operate dams on the Catawba River after hearing from Attorney General Henry McMaster at today's monthly meeting.

''I’m delighted,'' McMaster said after the board voted 4-0 to deny the permit.

McMaster said DHEC’S approval of the permit would have made it harder for him to win his U.S. Supreme Court case against North Carolina over each states' rights to the water in the Catawba River.

The issue centers on how much water DHEC would require Duke to keep in the Catawba below dams it operates. Agency staff members OK’d the permit in May after agreeing on a plan to keep a minimum flow in the riverbed. But McMaster said the state didn’t require Duke to keep enough water in the river below its dams.

His Supreme Court case seeks a greater portion of the river for use by South Carolina. So when DHEC’s staff agreed to the minimum flows, the agency was sending a mixed message to the Supreme Court that could have hurt his case, he says. Thursday’s vote by the agency board overturns the staff decision.

Duke spokesman Andy Thompson said after Thursday’s meeting that the company might appeal the board decision to the S.C. Administrative Law Court, although the company must weigh its options. It also could apply for a new permit. Duke needs the state permit so it can get a Federal Energy Regulatory Commission license to continue operating dams between Charlotte and Congaree National Park southeast of Columbia. The issue is not directly related to McMaster’s lawsuit, but could impact it, he said.

''We were concerned that FERC would issue a permit that would hamstring us in our arguments before the Supreme Court,'' McMaster said.

Acting board chairman Steven Kisner said the board believes the state should seek higher flows into the river to protect water quality for South Carolina. Board member Glenn McCall, who lives near the Catawba in York County, said he’s seen times when the river already is at a trickle.

The U.S. Supreme Court lawsuit is significant because it could set precedent on future water rights disputes involving the Catawba and other rivers that begin in North Carolina and flow through South Carolina. It also could affect the Savannah River on the Georgia border, a waterway many fear sprawling Atlanta will one day tap for drinking water.

The S.C. Coastal Conservation League and American Rivers say the DHEC staff decision only ensured South Carolina will receive 25 percent of the water flowing from North Carolina. The state Department of Natural Resources has said it supports Duke’s plan, but DHEC’s opinion is more important because it issues a permit.

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