G. L. U. E. Member Report - 06/22/09

Since our last report, issued on April 15^th, not a lot has changed other than that of my frustration level with respect to our lake landlord, the Grand River Dam Authority. In that report, I covered the meeting Representative Doug Cox and yours truly had with the senior GRDA staff regarding real estate encroachments and possible solutions to areas around the lake where the project boundary is defined to be well above the 757’ elevation. The following was stated in the report of April 15th as follows:

We met last Friday in Vinita with CEO Kevin Easley, COO Mike Kiefner, General Council Gretchen Zumwalt-Smith and board member Terry Frost.

We were given a very complete presentation on the Federal Power Act, which empowers FERC to supervise lakes like ours which generate electricity.  They addressed the portion of their license which deals with property within the project boundary which I sent to all members last week. With all the regulations presented, and if you are interested, I can forward a copy of the slides presented, it appears the best possibility to solve the problems is a boundary modification to declare anything above 757’ elevation as being surplus with respect to the project’s operation. This would remove the property above the 757’ elevation from the project boundary and eliminate FERC supervision of the property. GRDA would continue to own the property and theoretically open up the opportunity to either buy or lease the land from the authority without FERC involvement. This may be way too simple to ever get done, but we have submitted this approach as a recommendation.

What I didn’t mention was that during the meeting Easley cited expenses associated with changing the boundary map as being prohibitive. Following the meeting, and after discussing the matter further with Representative Cox, I submitted the following proposal to all those attending our meeting earlier as follows:

I’ve been pondering ways to solve the Grand Lake boundary issue and have the following thoughts about a solution:

The altering of the maps on as needed bases, the cliff areas, Cherokee Lake Estates and perhaps the famous outdoor kitchen would spread out the cost of such a strategy. GRDA currently owns a lot of real estate outside the project boundary as in Vinita, Pryor and at the coal fired complex. If the maps were changed to reflect an elevation of 758’ in those areas as the required real estate to operate the project, the authority could still retain ownership of the band of land between the property owners and the 758’ elevation. It just would not be defined as in the project boundary. GRDA could manage the strip of land without FERC supervision and could possibly lease or sell portions of it on an individual case basis.

This doesn’t seem that far fetched when you consider the original intent was a project boundary based on a 750’ elevation. Changing the exhibit G maps defining the project without changing ownership of the real estate certainly would seem to be a reasonable approach.

I understand there has already been some discussion with FERC regarding this as a result of the digitizing of exhibit G and that FERC was receptive to addressing the boundary issues uncovered during the process. I would appreciate your thoughts.

Cheers   

I sent the above e-mail to all GRDA personnel attending the meeting. To date, I’ve received no response of any kind from any of them. I asked Representative Cox to follow up the issue with the authority and he has agreed to do so. This is just the kind of thing that has historically frustrated lakers with the authority and you can count me as frustrated. I would prefer a “Hell No!” response to no response at all. But that’s just the tip of the iceberg in the frustration department.

In spite of what I was told by the CEO himself, Kevin Easley, it would appear there is no relief in sight for the draw down to the 741 elevation for 2009, so prepare your docks and lifts accordingly. I’ve learned, and of course, not from anyone at GRDA, that the Technological Committee met early in May and mapped out plans for yet another ill-fated millet seeding. For our newer members, here’s a little history regarding this issue.

One of first issues targeted by GLUE was the restoration of a minimum lake level of 742’ and finding an alternative to the millet seeding program. We conducted a petition drive in support of this endeavor and subsequently presented some 5,000 signatures to the GRDA board. The board seemed favorably impressed but somewhat oblivious to the fact this was even a problem, but agreed to forward our petition on to the (FERC) Federal Energy Regulatory Commission. FERC basically told the authority nothing would change without coming through the Technological Committee. The committee is advisory in nature and is made up of GRDA personnel, state and federal wildlife representatives and professors in the wildlife field from OSU.

I appeared before this committee in May of 2007 and pitched our proposal for a change from the millet seeding to an off site mitigation program and the restoration of a minimum lake level of 742’. The committee was in favor, and said they had been in favor since GRDA’s relicensing, of off site mitigation as opposed to the millet seeding program and agreed to help in any way they could.

Now two years have come and gone with little progress unless you count promises and the acquisition of flood plane property on the north end of the lake. To replace the current program, approximately 1200 acres would be needed in a wildlife managed area. Thus far the authority has purchased well over three thousand acres of property that could be used for the purpose of mitigation. Wildlife personnel have submitted a plan to GRDA to manage such an area.

In the promises department, I’ve previously been told by the authority that once 80% of the flood plane property has been acquired and a management plan agreed upon, that FERC has been positive about the possibility of amending the rule curve to a minimum lake elevation of 742’. Obviously, plenty of property has been purchased to meet and exceed the FERC’s requirements, but there seems to be a riff about the management and who might execute it.

Last year, the millet seeding was never done on Grand Lake due to the high water. The purchased millet was given to the Wildlife people to use on other lakes. In spite of this, the rule curve was adhered to and the lake was drawn down to the 741’ level. To our knowledge, GRDA never even asked the commission for an exemption from the rule curve even though no millet seeding was going to take place. Not really that difficult to understand the frustration factor is it? But we’re still pluggin’ away and I do believe the change will eventually come. It like navigating the Queen Mary…..once the rudder changes positions, it still a while before there is any visible change in course.

SMP Update

The submitted plan, which we supported, is still pending at FERC. My sources indicate there has been no significant request for change by the feds. They did request some clarification initially, but all has been quiet since then. I’m told they still have a hang-up about the habitable structure issue. But nothing and I mean nothing has shown up on the FERC web site with respect to official communication regarding the plan with GRDA.

Sometime this summer, the GRDA staff should present their proposal to the board for regulations specific to habitable structures. Eco-system personnel are currently in the process of identifying the number of such structures on the lake. If you have an enclosed dock, don’t be surprised if you are contacted about an inspection of the interior. I’m told that if windows provide an adequate view of what the interior is being used for that won’t be necessary.

And let me apologize for the length of time since our last report, but we’ve had a few issues. Our dock was torn loose in a wind storm the night of May 15^th. We’ve been up to our ears in insurance adjusters and all the fun associated with a property damage situation. I’m also writing about other issues from time-to-time, which can be found at www.rustyflemingongrandlake.com.  Some will appear in The Chronicle, but some may not. My style has been known to be a little more abrasive from time-to-time than The Chronicle’s style. Enjoy!

See Ya’ Around the Pond!!!