FERC taking input on Shoreline Plan

If you're a Smith Mountain Lake resident and you want to tell the Federal Energy Regulatory Commission what you think of American Electric Power's controversial shoreline-management plan, time's a- wasting. FERC's window for accepting public comment on the plan opened Sept. 10 and closes Oct. 10.

The under-the-radar deadline, which so far was posted only on the Internet, almost caught Franklin County by surprise. Originally, discussing AEP's plan wasn't on the board of supervisors' meeting agenda Tuesday. County Administrator Rick Huff said staff rushed to put a packet together for the supervisors after learning Friday that the public, and the county, had less than 30 days to send comments on the plan to FERC.

Franklin County has objected to AEP's schedule for getting the plan approved, saying the power company hasn't given the public adequate time to review the plan. "It continues to be rushed through," Union Hall Supervisor Charles Poindexter said recently.

The supervisors resolved Tuesday not just to send FERC their continuing concerns and objections to parts of the plan, but also to file for the right to actively intervene in the approval process. By filing a motion to intervene, the county gains the ability to make presentations to FERC and appeal FERC's decisions.

The county has already written a letter asking FERC to extend the deadline, Huff said.

Poindexter said it's important that the county get its comments on the record with FERC once "we actually have time to read the version of the shoreline-management plan we now have in our hands."

AEP sent its final draft of the plan to FERC on Aug. 29 and has begun enforcing the plan's regulations. The power company believes that creating the plan, which is designed to create uniform regulations for all construction below the lake's 800-foot elevation, will help AEP renew its FERC license to operate the lake's hydroelectric dam.

The company began work on the plan in 2001. This spring, as pieces of the plan became public, controversy erupted.

Developers and marina owners called the plan too restrictive and a threat to business. Homeowners' associations endorsed it, saying it was about time someone took steps to restrict development.

Although the final draft of the plan loosened many of the restrictions, some businesses, homeowners and government officials remain uneasy.

The comments Franklin County officials want to send to FERC include many of the same objections they've expressed for months, but add new ones. They include:

There are still mistakes in the maps AEP used to create shoreline zoning classifications, Huff said. The final drafts of the maps didn't become available for review until recently, he said.

County residents have complained that it's difficult to reach AEP representatives by phone. Also, AEP has not publicized a timetable for how it will accept and process permits and variance requests. Franklin County officials said AEP should be more responsive and adopt processing deadlines similar to what the law requires of local governments.

The steering committee formed of government, business and resident representatives that AEP assembled to help guide the shoreline-management plan wasn't allowed to review the final draft before it was sent to FERC, county officials said.

After the meeting, Poindexter voiced his exasperation that FERC would allow so little time for public input on such an important document.

"That's unbelievable," he said.