An ignored statement in FERC's Scoping Document 2, May 2007 (repeated from a post last June):
"The Commission’s regulations at 18 C.F.R. section 16.14 require that any recommendation for federal takeover [in which a number of conditions must be met] be filed no later than the comment due date of June 25, 2006 that was specified in the May 10, 2006 Notice of Application for the Yadkin project …. No federal agency recommended a federal takeover in response to the Notice of Application Issued …."
Two additional deadlines are found in the Code of Federal Regulations, Title 18 - Conservation of Power and Water Resources:
(a) Notification of intent. A potential applicant for an original, new, or subsequent license, must file a notification of its intent to do so in the manner provided for in paragraphs (b) and (c) of this section.
(d) When to notify. An existing licensee or non-licensee potential applicant must notify the Commission as required in paragraph (b) of this section at least five years, but not more than five and one-half years, before the existing license expires.
(b) Filing requirement. (1) An applicant for a license under this section must file its application at least 24 months before the existing license expires.
Alcoa's old license expired on April 30, 2008. That means that all applicants for a license, Alcoa and New Energy Capital, would have had to file a notification of intent to file an application no later than April 30, 2003. According to their website, New Energy Capital was not founded until 2004.
All applications for a license, Alcoa's and New Energy Capital's, would have had to have been filed by April 30, 2006.
New Energy Capital is 10 years late in filing a Notice of Intent, and 7 years late in filing an application, assuming they could get it in today. It took Alcoa five years and $20 million to prepare their application.
The people who come up with these bright ideas for the State to take over the Yadkin Project license (you know who they are) are seriously out of touch with reality. Even though people have told them, it's taken all this time for it to sink in that they never submitted an application to FERC, there is nothing for FERC to act on. It's also finally sunk in that the deadline has passed. What hasn't yet dawned on them is that there are federal regulations setting forth the deadlines, they aren't discretionary.
According to an AP story by Emery P. Dalesio, who is squarely in Roger Dick's pocket and has been sending out biased news reports for years, Gov. McCrory yesterday asked FERC for an extension to reply to New Energy's motions, so he could study the matter. The motion was filed by Perdue's old attorney, Faison Hicks. I don't know, maybe someone talked McCrory into 'ask for a delay to study the matter, it couldn't hurt.' Most politicians and elected officials will fall for that. McCrory has been steadfast in avoiding getting involved. The only statement he's made was when Emery P. Dalesio cornered him with a biased question during the campaign.