PROPOSED RULEMAKING
DELAWARE RIVER BASIN COMMISSION
[25 PA. CODE CH. 901]
Proposed Amendments to the Comprehensive Plan and Water Code Relating to the Operation of Lake Wallenpaupack During Drought Watch, Drought Warning and Drought Conditions
[32 Pa.B. 4849] The Delaware River Basin Commission (Commission) will hold a public hearing to receive comments on proposed amendments to the Commission's Comprehensive Plan and Water Code to incorporate a revised drought operating plan for the Lake Wallenpaupack Reservoir and Hydroelectric Facility, located in Pike County in the Lackawaxen Watershed. The reservoir and facility are currently owned and operated by PPL Holtwood, LLC (PPL). The proposed rulemaking would increase by 12,500 acre-feet, or 4.1 billion gallons, the amount of Lake Wallenpaupack water available to the Commission for flow augmentation in the main stem Delaware River during drought watch, drought warning and drought emergency conditions, as defined in Section 2.5.3 of the Water Code and Docket D-77-20 CP (Revision 4), dated April 28, 1999. The minimum lake elevation to be maintained during drought conditions B the target elevation for December 1 B would decrease from 1,170 feet to 1,167.5 feet. The right to use as much as 4.1 billion gallons of Lake Wallenpaupack water to augment Delaware River flows during drought would be deemed to satisfy up to 10,000 acre-feet of the Commission's consumptive use replacement requirement for the Martins Creek and Lower Mount Bethel generating facilities and future facilities that PPL (or its successors in interest) might construct. That is, under the proposed drought plan, the Commission would release PPL (and its successors) from the requirement that it provide up to 10,000 acre-feet or 3.3 billion gallons of dedicated storage to replace, gallon for gallon, water consumptively used by the entity's existing and future generating facilities when the basin is in drought watch, drought warning or drought operations.
Dates
The public hearing will be held on Wednesday, October 16, 2002, during the Commission's regular business meeting, which will begin at 1:30 p.m. Persons wishing to testify are asked to register in advance with the Commission Secretary, (609) 883-9500 ext. 203. Written comments will be accepted through Friday, November 15, 2002. Comments must be received, not merely postmarked, by that date.
Addresses
The public hearing will be held at the Commission's offices, 25 State Police Drive, West Trenton, NJ. Written comments should be addressed to the Commission Secretary at Delaware River Basin Commission, P. O. Box 7360, West Trenton, NJ 08628-0360.
Further Information, Contacts
A draft resolution enacting the proposed amendments to Sections 2.5.5 and 2.5.6 of the Water Code and the current text of the Water Code (which is incorporated in the Comprehensive Plan) may be viewed on the Commission's website at http://www.drbc.net. Contact Pamela M. Bush at (609) 883-9500 ext. 203, with questions about the proposed rulemaking change or the rulemaking process.
It is proposed to amend Article 2, Sections 2.5.5 and 2.5.6 of the Commission's Water Code (25 Pa. Code § 901.2) (which is incorporated in the Commission's Comprehensive Plan). References to ''drought watch'' are noted in brackets to reflect that the ''drought watch'' condition, defined by Docket D-77-20 CP (Revision 4), has not to date been incorporated in the rule. The ''drought watch'' condition is not proposed to be incorporated in the rule at this time. However, for the period of effectiveness of the relevant provisions of Docket D-77-20 CP (Revision 4), the proposed rule changes would be applied to the ''drought watch'' condition where noted.
The following sentence is added at the end of the first paragraph of Section 2.5.5:
Lake Wallenpaupack also may be utilized to complement the drought management operations of the New York City reservoirs during ''drought warning'' [and drought watch] conditions as defined by Figure 1 in Section 2.5.3A.The second paragraph of Section 2.5.5 (beginning ''Lake Wallenpaupack and the Mongaup reservoirs . . .'') is revised as follows, beginning with the third sentence:
During ''drought'' and ''drought warning'' [and drought watch] conditions, as defined in Figure 1 of Section 2.5.3.A of the Water Code, the power companies shall release water only in accordance with Commission direction. The Lake Wallenpaupack elevation schedules during normal, drought warning, [drought watch,] and drought conditions are set forth in Table 2. The lake elevations in Table 2 have been established to preserve the recreation values and other operational benefits of the lake while also providing water storage to be utilized at the direction of the Commission during the Commission's drought operations as set forth in this section and in Section 2.5.6. The utilization of Lake Wallenpaupack at the direction of the Commission during the Commission's drought operations shall be conditioned upon the following:1. Utilization of Lake Wallenpaupack during drought warning [and watch] shall be consistent with PPL's FERC license and power generation requirements as well as with lake and downstream needs.2. During drought, PPL may, at the Commission's direction, operate for power production when the lake elevation is above the following first-of-month ''normal elevation'' as defined in Table 2.3. During a declared power emergency, PPL may operate for power production regardless of lake elevation.4. Subject to the concurrence of the Commission, in response to changing electrical demand patterns, PPL may revise the lake elevations for ''normal conditions'' shown in Table 2.Table 2 of Section 2.5.5 is revised in its entirety, as follows:
TABLE 2. LAKE WALLENPAUPACK ELEVATION SCHEDULES
Day Normal Conditions Drought Warning
[and Watch]Drought June 1 1187.0 1187.0 1187.0 July 1 1185.0 1185.0 1185.0 August 1 1183.01 1183.01 1183.01 September 1 1181.0 1180.0 1179.0 October 1 1179.0 1176.0 1175.0 November 1 1181.0 1172.0 1171.0 December 1 1182.0 1167.5 1167.5 January 1 1183.0 1170.1 1170.1 February 1 1181.5 1173.3 1173.3 March 1 1180.0 1175.6 1175.6 April 1 1182.3 1182.3 1182.3 May 1 1185.6 1185.6 1185.6 1 The existing FERC license for the Lake Wallenpaupack Hydroelectric Project requires that, except when flood waters are being stored, the maximum elevation of the lake shall be limited to elevation 1,182.0 between August 1 and November 15 of each year (Article 41). In its application to the FERC for a new license, PPL will seek to include the drought condition lake elevation schedules in Table 2 on a permanent basis, including a lake elevation of 1,183.0 on August 1. In the interim, until the FERC issues a new license, PPL will request annual approval from the FERC to operate the lake in accordance with Table 2 during the August 1-November 15 period. PPL will notify the Commission of the FERC's response to each annual request.
Subsection C.3.c is added to Section 2.5.6, as follows:
c. The Commission may direct releases from Lake Wallenpaupack subject to the same conditions as applied to operation during lower basin drought in D.3.e, except that utilization of Lake Wallenpaupack during lower basin drought warning shall be consistent with PPL's FERC license and power generation requirements as well as with lake and downstream needs.At Subsection D.3.b.iv of Section 2.5.6, the volume of storage assigned to Lake Wallenpaupack is revised to 33.9 bg from 29.81 bg.
A second sentence is added to Subsection D.3.e.i of Section 2.5.6 as follows:
During drought, PPL may, at the Commission's direction, operate for power production when the lake elevation is above the following first-of-month ''normal elevation'' as defined in Table 2 and during a declared power emergency regardless of lake elevation.PAMELA M. BUSH,
SecretaryFiscal Note: 68-42. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART V. DELAWARE RIVER BASIN COMMISSION
CHAPTER 901. GENERAL PROVISIONS § 901.2. Comprehensive Plan and water quality.
The Comprehensive Plan regulations as set forth in 18 CFR Part 401, Subpart [(2001)] 2002 and the Water Code and Water Quality Standards as set forth in 18 DFR Part 410 [(2001)] 2002 are hereby incorporated by reference and made a part of this title.
[Pa.B. Doc. No. 02-1733. Filed for public inspection October 4, 2002, 9:00 a.m.]
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