Judge sends dispute over permit to trial

State Administrative Law Judge Joe Webster said he'll need a trial later this month before he can decide the dispute over a certificate issued last year by the Division of Water Quality.

The division certified that if conditions it set were followed, Alcoa's wholly owned subsidiary, Alcoa Power Generating Inc., can operate the dams while protecting nearly 40 miles of the river and its reservoirs.

"Based upon the evidence presented it appears that multiple material and factual issues are in dispute," Webster wrote in his ruling on a request for summary judgment in the case.

Pittsburgh-based Alcoa is fighting to renew an expired license to operate Yadkin River dams built decades ago to supply electricity to an aluminum smelting plant. The Stanly County plant once employed hundreds but is now shuttered.

The fight centers on whether Alcoa can keep selling electricity to high-paying commercial customers. The company estimated in 2006 that the dams generated almost $44 million a year in revenues from hydroelectric power generation, a figure that could multiply as demand for clean power booms.

Gov. Beverly Perdue, her predecessor Mike Easley and Stanly County officials have opposed the company's re-licensing bid. They hope to encourage local job growth attracted by dam-generated electricity and greater freedom to draw river water.

Once the fight over the state certification is settled, the Federal Energy Regulatory Commission could consider renewing the company's license for up to 50 more years.