ML13114A138
| ML13114A138 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 03/27/2013 |
| From: | Panther K, Panther M - No Known Affiliation |
| To: | Macfarlane A NRC/Chairman |
| Shared Package | |
| ML13114A140 | List: |
| References | |
| G20130319, LTR-13-0348 | |
| Download: ML13114A138 (5) | |
Text
ETS 7%U.S.NRC United States Nuclear Regulator" Commission Protecting Pt-ople and tihe Environment Ticket No: G20130319 2484 F
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Assigned Office: NRR Other Assignees:
OEDO Due Date: 05/22/2013 SECY Due Date: 05/22/2013 Date Response Requested by Originator:
Other Parties:
Subject:
Duke Energy Lake Keowee - Toxaway Relicensing Application
==
Description:==
CC Routing: Regionll ADAMS Accession Numbers - Incoming: ML13114A138 Response I Package: ML13114A140
- i0 n-Cross Reference No
- LTR-1 3-0348 SRM\\Other: No 4
Action Type: Letter Signature Level: NRR Special Instructions:
OEDO Concurrence: No OCM Concurrence: No OCA Concurrence: No
- 8.
Originator Name:
Originator Org:
Addressee:
Incoming Task:
Michael and Kathy Panther Citizens Chairman Macfarlane Letter Date of Incoming: 03/27/2013 Document Received by OEDO Date: 04/24/2013 OEDO POC: Dan Merzke
Wed, Apr 24, 2013 10:02 1
Page No:
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET LTR-13-0348 PAPER NUMBER:
04/23/2013 LOGGING DATE:
ACTION OFFICE:
EDO AUTHOR:
AFFILIATION:
ADDRESSEE:
Macfarlane A M
SUBJECT:
LTR-13-0348 - Michael and Kathy Panther Ltr. re: Duke Energy Keowee-Toxaway (SC) Relicensing Application ACTION:
RF, SECY to Ack.
Direct Reply DISTRIBUTION:
ACKNOWLEDGED:
03/27/2013 Lead Office to Publicly Release 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after Secy's assignment.
No LETTER DATE:
SPECIAL HANDLING:
NOTES:
ADAMS FILE LOCATION:
DUE DATE:
05/22/2013 DATE SIGNED:
Panther M Panther K Sunset, SC
March 27, 2013 Ms. Allison M. MacFarlane, Chainnan U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Re: Duke Energy Keowee-Toxaway (SC) Relicensing Application
Dear Ms. MacFarlane,
Enclosed is a copy of a letter recently disseminated to 1322 residents and property owners who have signed a petition opposed to Duke Energy'S proposal to lower the floor level ofLake Keowee another five (5) feet, to 790 feet above mean sea leveL As you will read, data from a study by Dr. David Wyman of Clemson University, which used actual sales data and lake levels from Lake Hartwell over a 10 year period, extrapolated the projected impact the lowering ofLake Keowee's floor to 790 ft. would have on Lake Keowee real estate values. In order to further confirm the accuracy ofhis data and conclusion, Dr.
Wyman compared the Lake Keowee conclusions with similar studies conducted on Lake Lanier (Georgia) and Lake Conroe (Texas).
What Professor Wyman concluded from the Hartwell data, a conclusion that was supported by both the Lanier and Conroe studies, is that a single short duration lowering ofthe Lake Keowee level would have a moderate impact on real estate values (-14%), but that any sustained lowering ofthe lake level would have a dramatic and permanent impact on real estate values (-32%). The aforementioned projected diminution in value estimates is, of course, an average for all properties. However, what is notable is that those properties in shallower water that will become undockable will be impacted significantly (>-50%)
while those in deeper water will be impacted less. Dr. Lyman's study agrees with Duke Energy's data that nearly 50% ofthe lots on Lake Keowee would be undockable when the lake is at 790 ft. The fmdings and study will be presented and published in April 2013 at American Real Estate Association conference.
The potential consequences of Duke Energy's proposal are significant and severe for Oconee and Pickens Counties and residents.
Consider the impact on property tax collections that such a decline in real estate values would have.
We ask that you demand that Duke Energy incorporate Professor Wyman's findings into its application and make the fmdings available for aU reviewers to consider the potential economic consequences of Duke Energy's proposed application plan. Under Duke Energy's current application proposal, 100% of the burden of lowering the floor ofLake Keowee falls on the residents and citizens ofOconee and Pickens Counties while 100% ofthe benefits accrue to Duke Energy. Such a one-sided arrangement is patently unfair. Demand that Duke Energy reconsider its plan and proposal to lower the floor level of Lake Keowee to 790 feet.
Thank you for your consideration of this matter.
OlitL-
. ~
Michael and Kathy panther~
129 Sunrise Ridge
/ I 0
Sunset, SC 29685
To: 1322 Interested petitioners and other interested parties March 21,2013 As part of Duke Power's Keowee-Toxaway hydropower relicensing application, Duke maintains that the findings oftwo studies done in 2010 are sufficient for Duke to draw the conclusion that there will be little to no property value impact on Lake Keowee real estate as a result of its proposal to lower Lake Keowee an additional 5ft., to 790 ft. during drought conditions..
The two studies on which Duke is relying in support of its application were conducted by Allen, et aI., in 2010. The first study was conducted for the Corp. ofEngineers and focused only on Lake Hartwell and encompassed a six county area. The study concluded tha~ the economic impact on the entire six counties would be minimal. Although the second Allen study did include Lake Keowee, it assumed the water level would not drop below the current minimum of795 ft. and it did not include the impact of property value reductions.
Duke is relying on the aforementioned studies to conclude that the lowering ofLake Keowee another 5 ft., as proposed in its application, will have neither an economic impact on Oconee and Pickens County nor a significant impact on property values. The lack of economic impact is, ofcourse, the very conclusion Duke wants. Duke has steadfastly refused to conduct a focused study ofthe economic impact on the Lake Keowee area ofits proposal to lower the water level floor to 790 ft. despite the fact that mUltiple stakeholders and property owners have requested Duke to do so. The 1322 Petitioners that have signed a petition in opposition to Duke's proposal believe the use ofthe aforementioned studies is clearly wrongful and misleading, and, now, the facts set forth below unequivocally support our beliefs.
In a research paper to be presented at the American Real Estate Association conference in April, Professor David Wyman of Clemson University will present his findings from a 2013 study focused solely on the economic impact on the Lake Keowee area, and hence Oconee and Pickens Counties, of Duke's proposal to lower Lake Keowee to 790 ft. during drought conditions. Dr. Wyman's academic area of expertise is in assessing the factors that impact real estate values.
As mentioned above, Professor Wyman's paper will be fmalized and presented in April 2013. What follows is a very brief summary ofthe facts and conclusions ofthis study.
Professor Wyman reviewed real estate transactions on both Lake Hartwell and Lake Keowee in Oconee County between 2002 and 2012 in order to obtain an accurate and comparable assessment ofthe impact of lake levels on property values. Using topographic data obtained from Duke through the Freedom of Information Act, GIS information obtained from Oconee County and input from a local dock manufacture to determine at what level each property would be "dockable", Dr. Wyman concluded that 47.7% ofthe
. lots on Lake Keowee would be undockable at 790 ft. This finding compares with Duke's conclusion that 46% would be undockable and confmns the accuracy ofDr. Wyman's data base.
Dr. Wyman used actual sales data and lake levels from Lake Hartwell over a 10 year period to extrapolate the projected impact the lowering ofLake Keowee's floor to 790 ft. would have on Lake Keowee real estate values. In order to further confirm the accuracy of his data and conclusion, Dr. Wyman compared the Lake Keowee conclusions with siIIlilar studies conducted on Lake Lanier (Georgia) and Lake Conroe (Texas).
What Professor Wyman concluded from the Hartwell data, and that which was supported by both the Lanier and Conroe studies, is that a single short duration lowering ofthe Lake Keowee level would have a moderate impact on real estate values (-14%), but that any sustained lowering ofthe lake level would have a dramatic and permanent impact on real estate values (-32%), The aforementioned projected
diminution in value estimates is, of course, an average for all properties. However, what is notable is that those properties in shallower water that will become undockable will be impacted significantly (>-50%)
while those in deeper water will be impacted less.
A pretext of Duke's application and proposal to lower Lake Keowee's floor to 790 ft. is its claim that the lake will be subject to drought conditions and therefore down below 795 ft. (current floor) only 4% ofthe time. What Professor Wyman's review ofthe Lake Hartwell data concluded was that by using a more relevant time frame, these drought conditions are in excess of 4% and occur for extended periods oftime.
Once Lake Hartwell was lowered the lake level remained down for extended periods oftime. For example, when Lake Hartwell was lowered below 654 ft. in August 2007, it was not refilled until April 2009 (21 months later). The result was an 85% drop in Hartwell real estate values for raw land (which suggests that Dr. Wyman's -32% number is likely conservative).
The facts are now in and they are irrefutable. There can be no doubt that Duke's proposed application to lower Lake Keowee's floor to 790 ft. will result in a significant and long-term impact on Oconee and Pickens County property values, tax revenues and school funding.
The question that remains unanswered is why Duke desires to lower the Lake Keowee floor to 790 ft.
Virtually everyone involved, including Duke, acknowledges, that the amount ofwater involved in lowering the lake 5 ft. is minimal compared to the volumes ofthe other downstream lakes and that lowering the lake is a oue-time event (once the water is gone it is gone forever).
Now is the time to act. Write your representatives on the county councils and at the state and federal level and tell that them that you think a decrease in your property values, school tax revenues and County tax revenues based merely on Duke's desire to have more flexibility in its nuclear plant operation is unacceptable. Demand that your representatives not sign off on Duke's application until and unless Duke incorporates into its application Professor Wyman's conclusion regarding the potential significant financial impact on Oconee and Pickens County property owners, tax revenues, school tax revenues and ultimately all Oconee and Pickens County residents.
Doug Barker Newton Brightwell Lake Keowee Homeowners Petition originators Our blog with the petition and supporting documents including an updated mailing list for letters and objections is at ht1:p:I/JI;\\1~Ic~Qw~e\\v(lt<:~rl~\\::~LRlogspot.()om