UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

            

Alcoa Power Generating, Inc. (APGI)                                     Project No. 2169-020

 

Re: NOTICE OF SETTLEMENT

AGREEMENT AND SOLICITING

COMMENTS                                                 

 

 

COMMENTS

ON THE RELICENSING SETTLEMENT AGREEMENT FOR THE

TAPOCO HYDROELECTRIC PROJECT

FERC PROJECT NO. 2169-020

ON BEHALF OF THE AMERICAN WHITEWATER AFFILIATION, CAROLINA CANOE CLUB, EAST TENNESSEE WHITEWATER CLUB, ENDLESS RIVERS ADVENTURES, NANTAHALA GORGE ASSOCIATION, NANTAHALA OUTDOOR CENTER, WESTERN CAROLINA PADDLERS, AND WILDWATER LIMITED.

 

The American Whitewater Affiliation, Carolina Canoe Club, East Tennessee Whitewater Club, Endless River Adventures, Nantahala Gorge Association, Nantahala Outdoor Center, Western Carolina Paddlers, and Wildwater Limited hereby file comments on the Relicensing Settlement Agreement (SA), FERC Project Number 2169-020, located on the Cheoah and Little Tennessee Rivers in Graham County, North Carolina and Blount County, Tennessee.

 

The Parties:

American Whitewater Affiliation, Carolina Canoe Club, East Tennessee Whitewater Club, Endless River Adventures, Nantahala Gorge Association, Nantahala Outdoor Center, Western Carolina Paddlers, and Wildwater Limited (hereinafter referred to as “Interveners”:

The American Whitewater Affiliation (hereinafter known as American Whitewater or AW) is a national non-profit 501(c)3 river conservation and recreation organization founded in 1954.  We have over 6,000 members and 160 canoe club affiliates, representing approximately 80,000 whitewater paddlers across the Nation. Carolina Canoe Club (CCC), East Tennessee Whitewater Club and Western Carolina Paddlers (WCP) are regional conservation oriented paddling organizations have a strong interest in the future of the Cheoah and Little Tennessee Rivers and, therefore, the relicensing of the Tapoco Project.  A significant portion of the membership of the aforementioned organizations lives and recreates in North Carolina, Tennessee and adjacent states.  Federal actions that affect flow and access to the Cheoah and Little Tennessee rivers may potentially adversely impact opportunities for members of American Whitewater, Carolina Canoe Club, East Tennessee Whitewater Club and Western Carolina Paddlers to utilize the river resource. 

Endless River Adventures (ERA), Nantahala Outdoor Center (NOC), and Wildwater Limited (WWL) are outfitters that provide guided trips for the public on rivers near the project area.  Each year these companies facilitate recreational experiences for tens of thousands of US Citizens, and employ more people than any other business in Swain County, NC, where they are located.  The Nantahala Gorge Association (NGA) is an association of the outfitters currently operating on the Nantahala River.  Each of these companies has an interest in providing guided trips on the Cheoah River for members of the public.  Federal actions that affect flow and access to the Cheoah and Little Tennessee rivers may potentially adversely impact the ability of Endless River Adventures, Nantahala Gorge Association, Nantahala Outdoor Center, and Wildwater Limited to facilitate public utilization of the river resources, and to contribute to the regional economy.  

The Interveners have been dedicated participants in the Alternative Licensing Process since its inception.  We have actively participated in virtually all of the stakeholder meetings, played a large organizing role in the Cheaoh River Recreation Study, and offered significant comments on the Tapoco Preliminary Draft Environmental Assessment, the Resource Agency Group (RAG) Technical Memorandum, and the economic studies of the project.  In addition, many of our members and customers have a direct interest in the ecological integrity of, and recreational experiences provided by the Cheoah and Little Tennessee rivers.  Therefore, American Whitewater, Carolina Canoe Club, East Tennessee Whitewater Club, Endless River Adventures, Nantahala Gorge Association, Nantahala Outdoor Center, Western Carolina Paddlers, and Wildwater Limited have a direct interest in the Tapoco Hydroelectric Project.

            Collectively, Interveners represent most, if not all of the river recreation interests involved in the Tapoco Relicensing.  None of the Interveners have signed, or intend to sign the Agreement in Principle (AIP) or the Settlement Agreement associated with the Tapoco Relicensing because these agreements fail to provide appropriate mitigation for the Tapoco Project’s significant impacts on river recreation on the Cheoah and Little Tennessee rivers, and fail to meet the public demand for these rivers.   

 

 

COMMENTS

 

1)      Introduction:

 

These comments will closely follow our comments and requests made in our recent comments on the FERC EA.  The Settlement Agreement (SA) is not comprehensive: it provides virtually no mitigation of the Tapoco Project’s drastic impacts on whitewater recreation on the Cheoah River.  We propose a reasonable and responsible solution to this omission.  We ask that the FERC consider our requests additive and complementary to the SA, and include our recommended changes in a new license for the Tapoco Project.  Specifically we ask that FERC require APGI to; 1) slightly increase the volume of the high flows recommended in the SA to provide optimal and acceptable recreational opportunities on those limited number of days, 2) eliminate the absurd term of the SA that requires the public to pay APGI for recreational releases and modify that term such that it requires APGI to provide these releases free of charge, and 3) include a vegetation management requirement with the goal of providing a reasonably safe and natural paddling experience on the Cheoah River.  We assert that FERC adopting these provisions will in no way threaten the SA, and will lead to a fair and comprehensive license.      

 

2)      Objections to Specific Components of the Settlement Agreement

 

a)       Settlement agreement is not comprehensive:

 

The SA offers conflicting statements about the comprehensive nature of the SA.  The stated purpose of the SA is for it to act as a comprehensive resolution of all relicensing issues[1].  However the scope of the SA is clearly defined as only resolving the issues relating to the parties that actually signed the SA[2].  We would like to state for the record that the SA is not comprehensive by any definition.  Many stakeholders, including the Interveners, chose not to sign the settlement, and specific interests and issues are not covered or adequately mitigated in the SA.  Specifically, the Intervener’s interests in restoring adequate and appropriate whitewater recreation opportunities to the Cheoah River are not met by the SA.  The FERC should accept the SA (barring certain sections defined later in these comments) as a partial settlement and include the interests of the Interveners in the forthcoming license for the Tapoco Project. In defense of our assertion that the APGI provides little to no mitigation relating to whitewater recreation on the Cheoah River we offer the following points of evidence from the SA:

 

·        APGI is providing $0.00 for whitewater recreation access areas while the US taxpayers are contributing $775,000 for this purpose through the US – Forest Service.[3] 

·        The high flow releases proposed in the SA are all below the optimal flow for paddling,[4] over half are below the minimum acceptable flow, [5] and most are during spring months when non-commercial paddling is viable but commercial use of the river is highly questionable.

·        If the public wishes to have even a single day of recreational releases at an optimal flow they must pay APGI for the water (charges estimated at $15,000-$25,000 per day), a $3,000 administration fee, and an undetermined fee for biological monitoring. 

·        The recreational value or use of the high flow releases is never mentioned in the SA, because these releases were not proposed, designed, or accepted by APGI as recreational releases.  They are biological releases mandated though negotiations by the Resource Agency Group (RAG).  In fact the Licensee stated on numerous occasions that they would not provide a single release for recreational boating, only those required to meet the ecological mandate of the RAG.  As the Licensee stated in their recent comments on FERC’s EA, “It is important to note that the high flow events were designed by the RSA Parties primarily to protect, mitigate, and enhance aquatic resources which could also provide a whitewater boating experience on the Cheoah River.”

·        The whitewater paddling community is not invited to be involved in any post licensing discussions regarding the Cheoah River flow regime, unless we are paying APGI for the water.

·        The high-flow regime can be altered post-licensing to accommodate and optimize biological needs but cannot be altered in any way to improve the recreational benefits of the releases. 

·        The conservation easements proposed for project and non-project land may impinge upon the public’s recreational use of Yellow Creek, much of the reservoir shorelines, and other creeks by a prohibition of “other modes of transportation” that could include canoes and kayaks.[6] 

 

In summary, APGI provides no mitigation of their significant impacts on the best whitewater river in the Southeast through the SA, and the recreational benefits associated with the biologically motivated high flow events are woefully limited in quality and quantity, and subject to change in the future with no consideration of the recreational values associated with these releases.   

 

b)      The license term should be 30 years if the FERC decides not to include the recreational interests of the Interveners in the new license for the Tapoco Project.

 

While the Interveners see no reason why the FERC would not address our concerns and meet our interests in the new license for the Tapoco Project, we request that if FERC does decide to continue to allow APGI to drastically impact whitewater recreation on the Cheoah River without mitigation, then the FERC limit the term of the license to 30 years.  The recreational and economic impacts of adopting the SA without adding a recreational component are so great that they more than justify limiting the term of the license to 30 years.  The paddling community in the Southeast and the Nation[7], as well as the business community in the region[8] have waited a long time to see the recreational values of the Cheoah River restored, they should not have to wait another day, let alone 40 more years.  Furthermore FERC can reduce the license term without impacting the binding nature of the SA in any manner[9].  

 

 

c)      The FERC has the discretion to add mitigation above and beyond the SA in order to meet outstanding interests, and APGI cannot withdraw from the SA without permission from FERC and the Signatories of the SA.

 

APGI has threatened the entire stakeholder group for years that if APGI’s undefined financial limits were exceeded by the relicensing process that they would walk away from the table and receive a license directly from the FERC.  In their recent comments on the FERC EA, they boldly threaten the FERC by stating, “… the Commission needs to be aware that acceptance of such Staff recommendations could well torpedo the entire settlement.”  Furthermore they state: “APGI will not accept additional economic burdens without exercising its right to withdraw from the settlement and have all the relicensing issues determined on the basis of the record.”[10]  The FERC should not be moved by APGI’s empty threats.  APGI is making $24,611,413.00 in profit per year[11] on the Tapoco Project and is committing a pittance to the protection, mitigation, and enhancement measures associated with the relicensing.  APGI must know that should FERC determine all the relicensing issues on the basis of the record it would cost APGI significantly more than the costs associated with the SA, even with the minor requested whitewater recreation enhancements added to the license.  

More importantly than APGI’s threat being hollow, it is in conflict with the terms of the SA.  APGI cannot simply walk away from the SA to FERC for a new license based on the record, even if they wanted to.  APGI has signed a binding settlement that requires them to consult with the other SA Parties should FERC modify the SA in a new license and attempt to reach consensus on adopting the license terms as a revised settlement agreement[12].  If these efforts fail, then APGI can file a Request for Rehearing, but cannot simply withdraw from the SA.  In fact, APGI would not be able to withdraw from the SA until the “New License is issued with a FERC-Imposed Modification and has become Final and Non-Appealable, provided the withdrawing Party has exhausted its administrative and judicial remedies in contesting such FERC-Imposed Modification.”[13]  More importantly, if the FERC denies a request for rehearing from APGI, then it requires consensus of the entire group of settlement signatories for APGI to withdraw from the Settlement Agreement.  In short, it is up to the FERC whether APGI can withdraw from the SA, since there is almost no chance the signatories to the SA would reach a consensus agreement that allows APGI to withdraw after a denied request for rehearing. 

In the unlikely event that APGI would choose to withdraw from the SA, and the FERC grants APGI a request for rehearing, and the signatories of the settlement agreement inexplicably agree to let APGI withdraw, then APGI would be faced with a rather daunting alternative.  The only portion of their SA that is not recommended as a License Article is the land easement issue.  Therefore APGI would be essentially choosing between mitigating significant project impacts on-site through flow restoration as part of a new license or offsite mitigation through land protection as part of the SA.  If the FERC issues a modified license and APGI considers withdrawing from the SA - thereby removing the easements from the mitigation package - than APGI would be subject to new 401 water quality certifications and FERC/RAG mandates relating to flows that would likely be (and should be) far more costly to APGI than the agreed upon easements.  Suitable mitigation could include operating Santeetlah in run-of-river mode at the dam to maximize the ecological restoration of the last vestige of a flowing reach within the project, restoring a significant amount of flow to the Calderwood Bypass, or reconsideration of decommissioning of one or more dams.  The lands are that important to the SA parties and to the Interveners.  The mitigation required of APGI by the FERC and the Resource Agency Group - should APGI consider withdrawing from the settlement - should be sufficient to convince APGI it is in their best interest to remain a signatory of the SA and accept the minor inconvenience of restoring whitewater opportunities to the Cheoah River.

We maintain though, that APGI cannot withdraw from the settlement as long as FERC denies APGI’s request for rehearing, and at least a single SA signatory refuses to consent to their withdrawal.

 

d)      The FERC should not accept the terms of the Settlement Agreement that allow APGI to charge the public for recreational releases.

 

The Interveners object the portions of the SA[14] that would require the public to give the Cheoah River to APGI through relicensing only to buy it back for public recreation.   This proposed precedent-setting license term flies in the face of the public trust doctrine and the federal power act as amended by the electric consumers protection act.  The purpose of relicensing is to equitably balance the public and corporate interests in the river - the power and non-power uses – how then can a relicensing proceeding justifiably allow a Licensee to hold a river ransom and only let the public demand for water in the river be met through direct payment to the Licensee.  The river is not APGI’s to sell.  While we agree with the intent of the provisions - to allow a mechanism for additional biologically acceptable releases to be added to the flow regime – the proposed means of accomplishing this goal is unacceptable.    

 

i)        There is no precedent for requiring the public to pay a Licensee for releases.

 

Through conversations with the FERC[15], Hydropower Reform Coalition steering committee members, and other relicensing experts, the Interveners have determined that the public has never been required to pay a Licensee for recreational releases.  Frankly, this is because it is absurd for the public to give a river to a corporation through relicensing so that they can buy it back.  Such a decision would undercut the very foundation of relicensing.   

 

ii)      The Public Trust Doctrine prohibits the FERC from allowing APGI to charge the public for recreational releases.

 

One of the keystones to US law and government is the Public Trust Doctrine. The origins of the Public Trust Doctrine were the declaration of the Justinian Institute that there are three things common to all mankind: air, running water, and the sea.  The Public Trust Doctrine "provides that public trust lands, waters, and living resources in a State are held by the State in trust for the benefit of all of the people, and establishes the right of the public to fully enjoy public trust lands, waters, and living resources for a wide variety of recognized public resources. The Doctrine also sets limitations on the States, the public, and private owners, as well as establishing the responsibilities of the States when managing these public trust assets."  Government agencies cannot sell or give away rivers to private ownership or control, because rivers are held “in trust” for the public under the Public Trust Doctrine.  The water in the Cheoah River belongs to the public, not APGI, and therefore the FERC should not and cannot allow APGI to claim the right to sell the Cheoah River to the public which has a strong desire to utilize the river for whitewater recreation.  

 

iii)    Eastern Water Law prohibits the FERC from allowing APGI to charge the public for recreational releases.

 

The SA itself states that the SA does not grant or affirm any property right, license or privilege in any waters or any right of use in any waters, nor does it authorize any person to interfere with the riparian rights, littoral rights or water use rights of any other person[16].  Nor does the Federal Power Act claim to in any way impact the state of North Carolina’s laws effecting the appropriation or distribution of water.[17]  North Carolina has long adhered to the Civil Law Rule in regard to surface water drainage. This rule obligates owners of lower land to receive the natural flow of surface water from higher lands. It subjects a landowner to liability whenever he interferes with the natural flow of surface waters to the detriment of another in the use and enjoyment of his land. In this case the other landowner is the American Public – the US Forest Service.  APGI has an obligation to meet downstream water needs of the public in the Cheoah River.  Based on eastern water law, APGI cannot simply maintain a diversion on the river and then dole out recreational releases in exchange for payment.  They do not own the water, and therefore cannot sell it. 

 

iv)    The Federal Power Act (FPA) and the Electric Consumers Protection Act (ECPA) prohibit the FERC from allowing APGI to charge the public for recreational releases.

 

Nowhere in the FPA or in ECPA is a Licensee granted the authority to charge the public for recreational releases.  In fact, Section 4(e) of the FPA[18] requires the FERC to give equal consideration to recreation and other beneficial uses of the river.  If equal consideration is granted, then a power generation corporation will not be granted the right to charge members of the public that desire the Cheoah River to support whitewater recreation.  Equal consideration instructs the FERC to provide that desired beneficial use through the relicensing process.  Section 10.a.1 of the FPA[19] further instructs that the FERC should issue a license that supports beneficial uses such as whitewater recreation.  Finally, the portion of the SA that would require members of the public to pay for biological monitoring associated with recreational releases is opposed to Section 30 of the FPA[20], which places this responsibility squarely on the Licensee. 

 

v)      Economic factors will not support any additional fee-based releases.

 

APGI economic studies done during relicensing predict that 30 days of releases would yield $4,663,200 in new economic output to Graham County and 153 new jobs Graham County alone (see our comments on the FERC EA).  The Interveners feel that any objective economic analysis undertaken by the FERC would show that the forgone APGI profits associated with providing releases are miniscule compared to this massive economic benefit to the region surrounding the Cheoah River.  We reiterate our request made in our comments on the EA that the FERC evaluate Dr. Bell’s “Economic Impact Study for the Tapoco Project” and make an informed choice between the CRA and Bell analyses (See Appendix 1).

 

3)      Recommended Changes to the Proposed License Terms in the Settlement Agreement for Inclusion in the New License for the Tapoco Project.

 

The Intervenors respectfully propose the following changes to the terms of the SA, with the goal of eliminating illegal and unethical terms that would fail judicial scrutiny, and of adding complimentary terms that will make the new license for the Tapoco Project truly comprehensive through providing fair and reasonable opportunities for whitewater recreation in the Cheoah River.  These recommended changes were carefully designed to respect the SA and to not impact any other stakeholders except possibly APGI.  We therefore request that the FERC adopt the following recommended changes to the specific sections of the SA:

 

a)      Section 1.2.2.10: Change to “Schedule single day high flow events from July through November with a minimum of 10 days between events.  The Licensee will provide 12 months prior notice to the USFWS, USFS, NCWRC, NCDENR, EBCI, Graham County, AW, CCC, ETWC, ERA, NGA, NOC, WCP, and WWL.”[21]

b)      Table OR 2.3 “High Flow Events – 5-Year Repeating Schedule” should be changed to reflect Table 1 in these comments found below.[22] 


 

Table 1:  Intervener Recommended Changes to the Five-Year High Flow Releases proposed in the Settlements Agreement Table OR 2.3(Only the magnitude columns and the bottom two rows differ from Table OR 2.3 in the Settlement Agreement).

High

Flows

Year 1

2005

Year 2

2006

Year 3

2007

Year 4

2008

Year 5

2009

Magnitude

(cfs)

 

Events

Days

Events

Days

Events

Days

Events

Days

Events

Days

Day 1

Day 2

Day 3

January

 

 

 

 

 

 

 

 

 

 

 

 

 

February

1

2

1

2

1

2

1

2

1

2

1130

Var1

 

March

1

3

1

3

1

3

1

3

1

3

1130

1000

300

April

2

5

3

6

2

5

2

5

3

6

1130

1000

300

May

2

4

2

4

3

6

3

6

3

6

1130

1000

 

June

1

2

1

2

 

 

 

 

1

2

1130

1000

 

July

 

 

 

 

1

2

 

 

 

 

1130

1000

 

August

 

 

 

 

 

 

1

1

 

 

1130

 

 

September

1

1

 

 

1

1

 

 

 

 

1130

 

 

October

1

1

1

1

 

 

1

1

 

 

1130

 

 

November

1

1

1

1

1

1

1

1

1

1

1130

 

 

December

 

 

 

 

 

 

 

 

 

 

 

 

 

Total:

10

19

10

19

10

20

10

19

10

20

 

 

 

Optimal Boating Days (>1130)

 

10

 

10

 

10

 

10

 

10

 

Boatable Days (>950)

 

16

 

17

 

17

 

16

 

18

 

1 600 cfs from hour 15 to hour 19, 400 cfs from hour 20 to hour 34; 200 cfs from hour 35 to hour 47; 100 cfs for hour 48

2 600 cfs from hour 16 to hour 36; 300 cfs from hour 37 to hour 48

3 12:00 a.m. (midnight) shall be the starting point for determining the appropriate time for initiating and changing flow releases

 

 

c)      1.2.3 Reallocation of Flows:  A fifth bullet should be added to the list of 4 considerations that should read:  “5. Any requested reallocation shall consider, and seek to minimize, any potential impacts on existing whitewater boating recreational benefits of the high flow regime.[23]

 

d)      1.2.4 Potential Modifications to Repeating Five Year Schedule of High Flow Events

 

Change to:

 

“Starting in October 2010, in conjunction with the annual planning meeting required in Section 1.2.3 above, the Licensee will consult with the U.S. Fish and Wildlife Service (USFWS), the U.S. Forest Service (USFS), the North Carolina Wildlife Resources Commission (NCWRC), the North Carolina Department of Environment and Natural Resources (NCDENR), the Eastern Band of Cherokee Indians (EBCI), The American Whitewater Affiliation (AW), Carolina Canoe Club (CCC), East Tennessee Whitewater Club (ETWC), Endless River Adventures (ERA), Nantahala Gorge Association (NGA), Nantahala Outdoor Center (NOC), Western Carolina Paddlers (WCP), Wildwater Limited (WWL) and Graham County regarding the possibility of providing high flow events for whitewater boating purposes on a trial basis in addition to the high flow events contemplated in the repeating five year schedule included in Section 1.2.2 above.[24]

 

If the USFWS, USFS, NCWRC, NCDENR, and EBCI notify the Licensee that they are in full concurrence that biological recovery in the Cheoah River has proceeded to a point that additional high flow events should be scheduled and evaluated on a trial basis, then the Licensee will consult with USFWS, USFS, NCWRC, NCDENR, EBCI, AW, CCC, ETWC, ERA, NGA, NOC, WCP, WWL, and Graham County, to determine the specific number, magnitude and timing of such additional trial high flow events. The Licensee will provide the additional high flow events upon Commission approval if (i) the requested flows do not result in a total number of days of scheduled recreationally viable flows (1000 cfs and above) greater than 30 per year, and (ii) the additional high flow events can be provided in a manner consistent with other requirements of the License (including but not limited to the Santeetlah Reservoir Operating Curve, the Low Inflow Protocol, and the Maintenance and Emergency Protocol).[25]

 

In the event that the Licensee, USFWS, USFS, NCWRC, NCDENR, EBCI, AW, CCC, ETWC, ERA, NGA, NOC, WCP, WWL and Graham County agree on the provision of additional trial high flow events, then no later than 60 days prior to the anticipated start of the additional high flow events, the Licensee shall file for Commission approval a plan of the proposed revisions to the repeating five year schedule of high flow events. In conjunction with subsequent annual planning meetings, the Licensee will consult with the USFWS, USFS, NCWRC, NCDENR, EBCI, AW, CCC, ETWC, ERA, NGA, NOC, WCP and WWL in order to determine whether to terminate, continue, or modify the additional trial high flow events, or to recommend to FERC a permanent change in the repeating five year schedule of high flow events. The determination shall be based on the aforementioned group’s assessment of the effects of the additional trial high flow events on the Cheoah River aquatic and associated riparian biological communities, on the quality of whitewater recreation opportunity provided, on other recreational uses of the Cheoah River, on water levels in Santeetlah Reservoir, and of cumulative and secondary effects on the ecological and aesthetic resources of the Cheoah River corridor. The determination will also be based upon the Licensee’s assessment of factors associated with Project operations and other relevant License requirements that may be affected by the additional high flow events. The Licensee shall make additional filings, as appropriate, notifying the Commission of any additional requested revisions to the repeating five year schedule of high flow events, and upon Commission approval will implement the revised high flow event schedule.”[26]

 

4)      Recommended Additions to the Proposed License Terms in the Settlement Agreement for Inclusion in the New License for the Tapoco Project.

 

The FERC should include in the new license for the Tapoco Project a provision that requires APGI to selectively remove woody vegetation from the Cheoah River channel in a manner that requires: (1) The main flow of the river as well as the preferred routes through rapids to be clear of trees, (2) All potentially dangerous areas of high velocity flow associated with significant rapids to be free of trees, and (3) calm areas, such as eddies and pools that are associated with significant rapids to be at least partially free of trees to facilitate resting, boat scouting, regrouping, and general river safety.  The Interveners should be included in the consultation phase that determines specific areas in need of vegetation management. 

 

5)      Justifications for adoption of Interveners proposed additions to the Proposed License Terms.

 

The interveners offer the following basic justifications for adopting our proposed additions to the Proposed License Terms.  Adopting our proposed changes would:

 

 

a)      Restore high quality whitewater recreation opportunities to the best whitewater river in the southeast, and one of the best in the country.  Specifically, adopting our proposed changes would increase the number of days of optimal paddling flows from 0 to 10, and increase the number days of acceptable paddling flows from 10 to 17, or to possibly as many as 30.

b)      Mitigate the massive impacts on river recreation on the Cheoah River, the Little Tennessee River, and their tributaries caused by the Tapoco Project’s impoundments and diversions.

c)      Meet the interests of the 8 organizations (Interveners) whose interests were categorically excluded from the Settlement Agreement.

d)      Lead to an estimated additional $4,663,200 in new economic output and 153 new jobs Graham County alone, through the creation of a world class whitewater rafting and kayaking destination, where today there is only the dry Cheaoh riverbed in one of the 3 poorest counties in the state.

e)      Not threaten the Settlement Agreement, because the only party potentially negatively affected by our proposed changes is APGI, and they are unable to withdraw from the settlement without FERC and Signatory permission, and regardless would chose not to based on the alternative.  Our changes are very minor but result in a significant enhancement to the public values of the Tapoco Project.

f)        Not set a dangerous precedent that allows Licensees to charge the public for recreational releases or other mitigation flows, which the Settlement Agreement does. 

g)      Not violate the public trust doctrine, in contrast to the Settlement Agreement, which does violate the public trust doctrine.

h)      Not violate the Federal Power Act (FPA) as amended by the Electric Consumers Protection Act, in contrast to the Settlement Agreement, which does violate the FPA.

i)        Not change the USFWS’s finding that the proposed flows would “not likely adversely affect” any of the rare, threatened, or endangered species associated with the project.  The only change we propose to the flow regime is a slight increase in volume which the USFWS has stated would not change the ecological role of the releases. 

 

6)      Conclusion.

 

Based on all the justifications and information provided in these comments and in our significant contribution to the record on the Tapoco Project, the Interveners request that the FERC accept our “Recommended Changes to the Proposed License Terms in the Settlement Agreement for Inclusion in the New License for the Tapoco Project” and our “Recommended Additions to the Proposed License Terms in the Settlement Agreement for Inclusion in the New License for the Tapoco Project” as modifications to the Settlement Agreement and for inclusion in a new license for the Tapoco Project.  Specifically we request that the FERC: 1) slightly increase the volume of the high flows recommended in the SA to provide optimal and acceptable recreational opportunities on those limited number of days, 2) eliminate the absurd terms of the SA that require the public to pay APGI for recreational releases and modify those term such that it requires APGI to provide these releases free of charge, and 3) include a vegetation management requirement with the goal of providing a reasonably safe and natural paddling experience on the Cheoah River.  If the FERC does this they will restore a valuable recreational resource, avoid setting a precedent that is damaging to the public interest, comply with federal and state laws, meet the interests of groups excluded from the settlement process, comply with the USFWS biological opinion, and will not threaten the viability of the Settlement Agreement.  We respectfully ask the FERC to assure a fair and equitable license for the Tapoco Project through addressing our reasonable interests that we have worked tirelessly and fruitlessly to have met for the last 5 years.  Without FERC intervention into the settlement process, the Interveners will have been effectively and intentionally excluded from the relicensing of the Tapoco Project by a hostile Licensee.     

 

 

 

 

 

 

 

 

 

 

 

 


APPENDIX 1. THE ECONOMIC RELATIONSHIP BETWEEN THE TAPOCO PROJECT AND

ALCOA’S TENNESSEE OPERATIONS.  By Dr. Chris Bell.

 

 

TAPOCO PROJECT

FERC NO. 2169

 

RELICENSING STUDY REPORT

 

 

______________________________________________________

 

 

 

THE ECONOMIC RELATIONSHIP BETWEEN

THE TAPOCO PROJECT AND

ALCOA’S TENNESSEE OPERATIONS

 

 

 

DRAFT REPORT

 

 

______________________________________________________

 

 

 

Prepared by

Dr. Chris Bell

September 2002

 

 

 

 

                                                                                      Alcoa Power Generating Inc.

                                                                                      Tapoco Division

                                                                                      300 North Hall Road

                                                              Alcoa, TN 37701-2516


 

 

 

 

 

 

 

 

___________­­­_____________

Draft Report

 

 

 

 

THE ECONOMIC RELATIONSHIP BETWEEN THE TAPOCO PROJECT AND ALCOA’S TENNESSEE OPERATIONS

 

 

 

Submitted to

 

Tapoco Division of

Alcoa Power Generating Inc.

Alcoa, Tennessee

 

 

 

Submitted by

 

Dr. Chris Bell

Economics Department

159 Karpen Hall, CPO #2110

The University of North Carolina at Asheville

One University Heights

Asheville, NC 28804-8509

 

 

 

 

September 23, 2002


Table of Contents

 

 

INTRODUCTION AND EXECUTIVE SUMMARY................................................................. 3

 

OVERVIEW OF ALCOA’S TAPOCO PROJECT AND TENNESSEE OPERATIONS... 4

Aluminum and electricity are distinct products sold in separate markets........................ 4

The Tapoco Project produces electricity, the Tennessee Operations aluminum............ 4

 

CALCULATING THE COST OF ALCOA’S TENNESSEE ALUMINUM

PRODUCTION............................................................................................................................. 5

Settling bills versus calculating costs ..................................................................................  5

Choice of transfer price can hide internal subsidies but does not change

joint profits......................................................................................................................... 6

Making decisions using inappropriate transfer prices can lead to costly

            mistakes ...........................................................................................................................  7

 

THE IMPACT OF CHANGES IN MARKET AND POWER GENERATING

CONDITIONS ON ALUMINUM PRODUCTION..................................................................... 9

Lower aluminum prices and higher electricity prices close smelters................................ 9

Reductions in power generation do not close smelters................................................... 11

Case study:  Yadkin-APGI and the Badin Works.............................................................. 14

 

THE IMPACT OF REDUCTIONS IN TAPOCO GENERATION ON THE WESTERN NORTH CAROLINA AND EAST TENNESSEE REGIONAL ECONOMIES........................................................ 15

 

APPENDIX:  The Smelter, Generation and Joint Income Statements Associated With the Scenarios Considered in this Report..................................................................................................... 16

Table A:    Choice of transfer price can hide internal subsidies but does not change

joint profits and can lead to erroneous conclusions........................................ 17

Table B:    Falling aluminum prices and rising electricity prices close smelters............ 18

      Table C:   Reductions in generation reduce the joint profits shareholders

                        receive but do not change smelter profitability................................................ 19

 

 

 


INTRODUCTION AND EXECUTIVE SUMMARY

 

In September 1999, the Final Scoping Document (SD1) for the Tapoco Hydroelectric Project (FERC Project No. 2169) was issued.  SD1 outlines the information and issues to be addressed in the Tapoco Project’s draft environmental assessment (DEA).  Specifically, SD1 requires that the DEA:

 

Characterize the economic relationship between Tapoco and Alcoa and evaluate the potential economic impact to Tapoco, Alcoa and the surrounding region resulting from any changes in Project operations proposed or considered.  Assess the need for the electricity generated by the Tapoco Project, and evaluate whether the generation benefits (combined with other benefits provided by the Project) offset or exceed the environmental impacts associated with continued operation of the Project dams.  Explain how deregulation of the electric industry may or may not affect future Tapoco Project operations.  (SD1, pp. 15-16)

 

The solicitation for contractors qualified to prepare the sections of the DEA dealing with economic issues summarizes SD1’s charge as follows:

 

One of the issues that have [sic] been identified through the scoping process that Tapoco must address concerns the economic relationship between the Tapoco Project and Alcoa’s Tennessee Operations.  More specifically, Alcoa has been asked to conduct a study to demonstrate the economic relationship between the Tapoco Project and Alcoa’s Tennessee Operations.  (LeBoeuf, Lamb, Greene & MacRae, pp. 1-2)

 

In the interest of providing Alcoa and FERC with the carefully researched and technically correct analysis good policymaking demands, American Whitewater (AW) and Western Carolina Paddlers (WCP) have prepared the following report to address this issue.  Our analysis is based on the public documents created by Alcoa and its subcontractors in support of the Tapoco Project Draft License Application (DLA).

 

Given Alcoa’s reluctance to divulge many of the details concerning its Tennessee smelting operations, we have been forced to rely on economic theory and standard business practice to describe the general principles governing the economic relationship between two subsidiaries of a single firm linked in the way Alcoa’s Tennessee smelting and Western North Carolina power generating operations are.  These principles are illustrated two ways.  First, using numerical examples.  The examples are based on public information concerning Alcoa’s Tennessee and North Carolina activities combined with the production and cost parameters for typical aluminum smelters with characteristics similar to those of Alcoa’s Tennessee smelter described by Charles River Associates (CRA) in their Tapoco relicensing study report Economic Impact Study For the Tapoco Project.  Second, the principles are illustrated with a case study whose subject is Alcoa’s Badin, North Carolina smelter and power generating subsidiary.

 

Our analysis will demonstrate that the Tapoco Project and Alcoa’s Tennessee smelting operation are two economically distinct operations.  The Tapoco Project generates and sells power, the Tennessee smelter produces aluminum.  Regulatory restrictions on the Tapoco Project’s ability to generate power will reduce Alcoa’s power generation profits, but will have no effect on the incremental cost to Alcoa’s shareholders of producing aluminum at their Tennessee smelter.  Because additional restrictions on the Tapoco Project’s ability to generate power will have no effect on the incremental cost of producing aluminum, they will have no effect on the scale at which the Tennessee smelter operates.  This implies that the entire burden of regulatory restrictions on power generation will be felt by Alcoa’s shareholders, not by its workers, its suppliers, nor the communities in which its workers and suppliers live. Given the world-wide distribution of Alcoa’s shareholders and the relatively small proportion of Alcoa’s total profits contributed by the Tapoco Project, the impact on the economies of East Tennessee and Western North Carolina of the changes in Tapoco’s operating conditions required to provide less fluctuation in lake levels, minimum instream flows and occasional whitewater recreational releases will be too small to perceive, let alone measure.

 

 

OVERVIEW OF ALCOA’S TAPOCO PROJECT AND TENNESSEE OPERATIONS

 

Aluminum and electricity are distinct products sold in separate markets

 

The births of the aluminum and electric power industries coincided, both occurring at the turn of the 20th Century.  This is no coincidence:  smelting aluminum requires tremendous amounts of electricity.  The first large scale smelters were built in areas blessed with the potential for generating inexpensive hydroelectric power.  As was the case in Western North Carolina and East Tennessee in the early 1900’s,  these areas were often well off the existing power grid, so the smelters and the hydroelectric facilities to power them were built in tandem.  In these early years it was literally true that without an associated power source, there would be no smelter.  In their search for inexpensive power, the early aluminum companies discovered and developed many of the best dam sites in the Eastern United States.

 

What was true at the turn of the last Century is no longer true in the U.S. today.  While it is still true that electricity must be cheap and plentiful to profitably operate a smelter, the extensive network of power suppliers that has come with the maturation of the electric power industry means that companies that operate smelters are no longer forced to generate their own power.  It also means that companies that own both smelters and hydroelectric developments manage their power generation with an eye to towards external power markets rather than their internal smelting needs, since they can meet these needs using purchased power.  In short, as the electric power industry has matured, power generation has become divorced from the production of aluminum, and companies fortunate to have developed the best dam sites are in a position to earn substantial profits selling power generated cheaply at the much higher market rate.  If these companies choose to continue to operate their smelters they are making a choice to produce distinct products sold in separate markets:  aluminum and electricity.  Such is the case with Alcoa’s operations in Western North Carolina and East Tennessee today.

 

The Tapoco Project produces electricity, the Tennessee Operations aluminum

 

APGI-Tapoco is a division of the Alcoa Power Generating Inc (APGI), a wholly owned subsidiary of Alcoa Inc.  Alcoa is the world’s largest and most profitable producer of primary aluminum and fabricated aluminum products.  Tapoco owns and operates the Tapoco Project, a four development hydroelectric project located on the Little Tennessee and Cheoah Rivers in Western North Carolina and East Tennessee. The four developments that comprise the project are, Santeetlah, Cheoah, Calderwood and Chilhowee.  Construction of the first of the four developments began in 1916.  The project also includes a 161 kV transmission line that runs from Santeetlah Powerhouse to a switch yard located 750 feet downstream.  Three 161 kV transmission lines – lines that until recently were considered part of the Project – connect the Tapoco hydroelectric developments to a non-project substation, which in turn is tied to both the TVA and Duke Energy grids.  The Project has a total installed capacity of 326,000 KW.

 

All of the power generated by the Project is sold to the TVA under the terms of a contract signed in 1983.  The Project is operated to generate high value peaking power.  The Cheoah, Calderwood, and Chilhowee developments are located downstream of TVA’s Fontana Project, the largest dam and reservoir on the Little Tennessee River.  Efficient operation requires that the Tapoco and Fontana developments be operated as a system.  The responsibilities of TVA and Tapoco in managing the system are governed by a series of agreements collectively known as the Fontana Agreements.

 

Alcoa’s Tennessee Operations include a primary smelter, a UBC reclamation facility, an ingot casting facility, and a fabrication facility.  The smelter is located in Alcoa, Tennessee.  It was started up in 1914, and today is part of Alcoa’s Primary Metals Business Unit, which operates six U.S. smelters and is headquartered in Knoxville, Tennessee.  Alcoa’s Tennessee smelter operates two potlines that together produce 440 million pounds of aluminum a year.  All of the power used in the Tennessee Operations is purchased from TVA.  As has been true of the other economic studies conducted in support of the Tapoco relicensing process, this report will focus on that part of Alcoa’s Tennessee Operations producing primary aluminum.

 

 

CALCULATING THE COST OF ALCOA’S TENNESSEE ALUMINUM PRODUCTION

 

Settling bills versus calculating costs

 

The fact that all the power used in Alcoa’s Tennessee Operations, including that used in the Tennessee smelter, is purchased from TVA should make the cost of the power used in the Tennessee smelter to its owners clear:  it is what the owners have to pay TVA per kWh of electricity used.  The historic relationship between the Tapoco Project and the Tennessee smelter, however, in combination with the fact that TVA pays for the power it buys from Tapoco in the form of credits against the Tennessee Operation’s power purchases, has led to confusion in some quarters concerning the cost of the electricity Alcoa uses to smelt aluminum.  The authors of the relicensing study report Economic Impact Study For the Tapoco Project (CRA, 2002), for example, write:

 

Alcoa’s Tennessee Operations are unusual in that the production of electricity from the Tapoco hydroelectric facilities lowers the overall cost of electricity in the production of aluminum, thereby offsetting other higher cost components such as labor.  Electricity produced by Tapoco is in effect sold to TVA, while Alcoa purchases its total electricity requirement from TVA.  Tapoco production therefore lowers the average cost of electricity to Alcoa’s Tennessee Operation.  Given the amount of electricity generated by the Tapoco units, lower aluminum production reduces the amount of electricity supplied by TVA relative to the amount produced by Tapoco and lowers the overall cost of electricity supplied to Alcoa’s Tennessee Operations.  (CRA, Economic Impact Study For the Tapoco Project (2002, p. 17))

 

This is nonsense.  Costs are measures of sacrifice.  Suppose the power Tapoco produces was indeed dispatched directly to Alcoa’s Tennessee Operations.  Even in this case the cost to Alcoa’s shareholders of using this power would be greater than its generation cost.  Power used to smelt aluminum is power that cannot be sold to a third party.  The sacrifice – hence cost – of this power is the price Tapoco would receive if it sold its power to another user.

 

In reality, Tapoco does sell its power to another user, TVA, in exchange for a credit against the power it purchases.  The cost to Alcoa of this power is the full amount it is charged, not the difference between the total charged and the credit received.  To argue otherwise is to confuse settling a bill for calculating a cost.  The cost of the power used in the Tennessee smelter is the full amount the smelter has to pay TVA per kWh of electricity used.

 

Choice of transfer price can hide internal subsidies but does not change joint profits

 

Return for a moment to the fiction that the power Tapoco produces is indeed dispatched directly to Alcoa’s Tennessee Operations.  In this case Alcoa would have to place a value on it for the purpose of calculating its profits at its two subsidiaries.  This value is called a transfer price.  If there were no external market for this electricity, then using its generation cost as its transfer price would be appropriate.  This was the case when Alcoa began operating in Western North Carolina and East Tennessee.  With the maturation of the electric power industry, however, this is no longer true.  Topoco is tied to an extensive energy market through its interconnections with the TVA and Duke Energy grids.  If Alcoa shut down their entire Tennessee Operations tomorrow, they would still be able to generate and sell electricity.  Thus even if Tapoco dispatched all its power directly to the Tennessee smelter, the appropriate transfer price would be what Alcoa would give up using the power themselves rather than selling it.

 

The most common reason for companies to choose transfer prices that differ from market prices is to shift the appearance of profitability from one subsidiary to another.  If, for example, taxes are higher in the community in which one subsidiary is located than they are in the community in which a second is located, a company may choose its transfer prices in a way that understates its profits in the first community and overstates them in the second.  Joint profits before taxes, however, will be the same.   Another way to think of this is as a hidden internal subsidy:  the subsidiary in the high tax jurisdiction transfers something it has produced at a value less than its market price, lowering its apparent profits by the difference between the value of what it is transferring and the transfer price it is paid.  This is the hidden subsidy.  The second subsidiary’s costs appear lower, and its profits higher, by an amount equal to the subsidy.  The subsidy paid by one subsidiary and the subsidy received by the other cancel each other out from the perspective of the two subsidiaries taken together, however, so joint profitability – before taxes – is the same.  Valuing the electricity Tapoco produces at its generation cost rather than its market value has the same effect:  it understates Topoco’s profitability and the Tennessee Operations’ costs, and it overstates the Tennessee Operations’ profitabilty.

 

Table 1 illustrates the effect of the choice of the transfer price Alcoa’s apparent profits from smelting and power generation, separately and in combination.  It is the combined profits that are of most concern to Alcoa’s shareholders because it is out of these profits that their dividends are paid and it is in anticipation of increases in these profits that their stock appreciates.1  CRA, in their Economic Impact Study For the Tapoco Project (2002), uses $0.0107 – Tapoco’s generation cost – to calculate the Tennessee smelters costs and profits.  The correct price is $0.044, which is CRA’s estimate of the market price of electricity (CRA pg. 20, fn. 4).

 

Note that using generation cost to value the electricity it produces and sells to the Tennessee Operations results in what appear to be lower Topoco profits and Tennessee Operation costs, and


 

 

Table 1:  Choice of Transfer Price Can Hide Internal Subsidies But Does Not Change Joint Profit

(all values except transfer price in millions of dollars)

 

 

 

Strong Market

Conditions

Typical Market

Conditions

Weak Market

Conditions

 

 

Transfer Price of Electricity ($ / kWh)

$0.0107

$0.044

$0.0107

$0.044

$0.0107

$0.044

 

 

 

 

 

 

 

 

Smelter Operation

2 potlines running (smelter operating at full capacity)

Total revenue

$372

$372

$329

$329

$263

$263

Total cost

$298

$349

$289

$340

$272

$323

   Power cost

$80

$131

$80

$131

$80

$131

      Tapoco power (at transfer price)

$16

$68

$16

$68

$16

$68

      TVA power

$63

$63

$63

$63

$63

$63

   All other costs

$218

$218

$209

$209

$192

$192

Profit (at transfer price)

$74

$23

$39

-$12

-$9

-$60

 

 

 

 

 

 

 

 

Power Generation

 

 

 

 

 

 

Total revenue (at transfer price)*

$16

$68

$16

$68

$16

$68

Total cost

$16

$16

$16

$16

$16

$16

Profit (at transfer price)*

$0

$51

$0

$51

$0

$51

 

 

 

 

 

 

 

 

Joint (Alcoa) Profit*

$74

$74

$39

$39

-$9

-$9

 

 

 

 

 

 

 

 

* Power generation revenue and profits, and Alcoa profits underestimated to the degree peaking and base load power prices differ.

Source: All values either directly from, or calculated using values from, CRA Tables 3, 4, 5 and page 20.  The spreadsheet used to create this table, including line by line source documentation, available on request.

 

higher Tennessee Operation profits, than the same values calculated using the market price of electricity as the transfer price.  The $51 million difference in these values reflects the hidden subsidy.  Note, however, that the subsidy paid by Tapoco and the subsidy received by the smelter cancel out, so joint profitability is the same.

 

Making decisions using inappropriate transfer prices can lead to costly mistakes

 

Consider the consequences to Alcoa’s shareholders if Alcoa’s managers use generation cost as their measure of the value of the Tapoco power when deciding how much aluminum to produce.  Because this results in the managers placing too low a value on the power they use, they will at times choose to produce too much aluminum, operating the smelter when it would be in the shareholder’s interest to shut it down.  This is illustrated in Table 2 on page 9.

 

Table 2 displays the apparent smelter and joint (Alcoa) profits in weak market conditions.  It is based on Appendix Table A (page 17), which calculates smelter, Tapoco and joint (Alcoa) revenue, cost and profits calculated using an appropriate and an inappropriate transfer price under three operating conditions:  shut down (operate zero potlines), run at half capacity (operate one potline), or run at full capacity (operate two potlines).  The first number in the first column correspond to the profits (or loses in this case) the smelter will appear to earn if its managers choose to shut it down in weak market conditions.  The second number in the first column corresponds to the actual loses the smelter will incur.  These numbers come from the two Weak Market Conditions columns – one corresponding to each transfer price – of the Smelter Profit (at transfer price) row in the 0 potlines (smelter shut down) section of Table A.  The third number in the first column corresponds to the profits Alcoa’s shareholders will earn if the Tennessee smelter is shut down during weak market conditions.  It comes from either of the two Weak Market Conditions columns of the Joint Alcoa Profit row in the 0 potlines (smelter shut down) section of Table A.  The numbers in Table 2’s second and third columns are derived the same way, but come from the 1 potline and 2 potline sections of Table A, respectively.

 

The first row of Table 2 displays what will appear to be the smelter’s profit if the managers use generation cost as their measure of the value of the Tapoco power used in the Tennessee smelter and the smelter operates zero, one or two potlines, respectively.  The largest number in the row ($7) corresponds to what to the managers will appear to be the profit earned if what appears to them to be the profit-maximizing number of potlines is operated – one.  Note that the reason that the smelter will lose $24 million even if it is shut down (the 0 potlines column) is that some of its costs are fixed;  that is, some of the smelters costs can’t be avoided even if no aluminum is produced.

 

The second row displays the smelter’s true profit, that is, what is revealed to be the smelter’s profit when the managers use the market price of electricity as their measure of the value of the Tapoco power used in the Tennessee smelter.  The least negative number in the row (-$24) corresponds to the profit earned if the profit-maximizing (or in this case, loss minimizing) number of potlines is operated – none.  This implies that the smelter will lose the least if it shuts down.   The  third row displays the joint profit shared by Alcoa’s owners.   The largest number in this row ($27) appears in the column corresponding to the number of potlines that should be operated if shareholder value is to be maximized  – none.

 

Table 2:  Making Decisions Using Inappropriate Transfer Prices Can Lead to Costly Mistakes

(values in millions of dollars;  [apparent] maximum profit highlighted)

 

Number of Potlines

0

1

2

     Apparent smelter profit in weak market conditions calculated using the inappropriate $0.0107 transfer price

-$24

[$7]

-$9

True smelter profit in weak market conditions calculated using the appropriate $0.044 transfer price

-$24

-$45

-$60

     Alcoa profit (includes smelter, generation)

$27

$7

-$9

 

Note: Alcoa profits underestimated to the degree peaking and base load prices differ.

 

Source:  This table emphasizes a finding from Appendix Table A.  All values in Table A are either directly from, or calculated using values from, CRA Tables 3, 4, 5 and page 20.  The spreadsheet used to create Table A, including line by line source documentation, available on request.

 

 

 

 

Note that if when choosing the number of potlines to operate the managers use the appropriate transfer price – the market price of power – the managers will make the right choice from the perspective of Alcoa’s owners:  shut the smelter.  If, on the other hand, the managers use the inappropriately low transfer price that the authors of the report Economic Impact Study For the Tapoco Project (CRA, 2002) imply they should – calculating their costs and profits using Tapoco’s generation cost as the value of the Tapoco power – they will make the wrong choice, a choice that will cost their shareholders $20 million.

 

THE IMPACT OF CHANGES IN MARKET AND POWER GENERATING CONDITIONS ON ALUMINUM PRODUCTION

 

Falling aluminum prices and rising electricity prices close smelters

 

Rapid growth in the production of aluminum outside the U.S. over the last 30 years has squeezed domestic profitability, as have rising electricity prices.  This has led to reductions in the amount of aluminum produced at many U.S. smelters, and several have been shut down, including Alcoa’s smelter in Badin, North Carolina.  The combination of rising energy prices, falling primary aluminum prices, aging smelters, expanding international smelting capacity, and expanding markets for wholesale power make it increasingly likely that significant layoffs will continue to occur in the U.S. primary aluminum industry, including, possibly, in Tennessee.

 

Table 3 on page 10 illustrates the effect of falling aluminum prices on Alcoa’s profit-maximizing production choice.  It is based on Appendix Table B  (page 18), which calculates smelter, Tapoco   and  joint  (Alcoa)  revenue,  cost  and  profits  under  two  electricity  prices  and  three refined ore from which aluminum is made – alumina – fall as the market for aluminum weakens.  Thus in the strong market for aluminum the price of aluminum is assumed to be $0.85 per pound and the price of alumina  $0.24 per pound.   The corresponding values for the typical and weak markets are $0.75, $0.22 and $0.60, $0.18, respectively.2

 

Table 3:  Falling Aluminum Prices Close Smelters

(values in millions of dollars;  maximum profit highlighted)

 

Number of Potlines

0

1

2

Smelter profit in strong market conditions

-$24

-$3

$23

Smelter profit in typical market conditions

-$24

-$18

-$12

Smelter profit in weak market conditions

-$24

-$45

-$60

 

Source:  This table emphasizes a finding from Appendix Table B.  All values in Table B are either directly from, or calculated using values from, CRA Tables 3, 4, 5 and page 20.  The spreadsheet used to create Table B, including line by line source documentation, available on request.

 

 

operating conditions:  shut down (operate zero potlines), run at half capacity (operate one potline), or run at full capacity (operate two potlines).  Table B uses the appropriate transfer price – the market price of electricity – to calculate smelter costs and profits.  This is assumed to be $0.044 per kWh.  Both the price of aluminum and the price of the

 

The numbers in the first column of Table 3 (-$24, -$24, -$24) correspond to the Smelter profit row in the $0.044 Market price of electricity columns for each of the three market conditions whose profits are calculated in the 0 potlines (smelter shut down) section of Table B.  The numbers in the second and third columns correspond to the same rows in the 1 potline (smelter operating at half capacity) and 2 potlines (smelter operating at full capacity) sections.

 

Note that only in strong market conditions does the smelter earn a profit, and that it does so by operating two potlines.  In typical market conditions, the smelter loses money, but it loses the least by operating two potlines since the revenue it receives from doing so covers all its variable costs with $12 million left over to help cover its fixed costs.  In weak market conditions, however, aluminum prices are too low to even cover the smelter’s variable costs, so it loses the least money by shutting down.  Falling aluminum prices do indeed close smelters.  Given current price trends, the future does not bode well for Alcoa’s Tennessee smelter.

 

Table 4 on page 11 illustrates the effect of rising electricity prices on Alcoa’s profit-maximizing production choice.  Like Table 3, it is based on Appendix Table B. The numbers in the first column of Table 4 (-$24, -$24) correspond to the Smelter profit row in the pair of columns describing  profits under Typical Market Conditions in the 0 potlines (smelter shut down) section of Table B.  The numbers in the second and third columns correspond to the same rows in the 1 potline (smelter operating at half capacity) and 2 potlines (smelter operating at full capacity) sections.  Note that even at the lower price of electricity the smelter loses money under typical market conditions, but that it loses the least money if it operates two potlines.  If the market price of electricity rises one cent per kWh (a 23% increase), the smelter loses the least money by shutting down.  Like falling aluminum prices, rising electricity prices do indeed close smelters.  This is smelter economics 101.

 

Table 4:  Rising Electricity Prices Close Smelters

(values in millions of dollars;  maximum profit highlighted)

 

Number of Potlines

0

1

2

Smelter profit in typical market conditions when the price of electricity is $0.044

-$24

-$18

-$12

Smelter profit in typical market conditions when the price of electricity is $0.054

-$24

-$34

-$42

 

 

Source:  This table emphasizes a finding from Appendix Table B.  All values in Table B are either directly from, or calculated using values from, CRA Tables 3, 4, 5 and page 20.  The spreadsheet used to create Table B, including line by line source documentation, available on request.

 

Reductions in power generation do not close smelters

 

Falling aluminum prices lower the incremental (i.e., extra) revenue the sale of the aluminum produced and sold by the smelter brings in.  Falling aluminum prices close smelters when incremental revenue falls below the incremental cost of operating the smelter.  In this case the smelter loses the least by shutting down.  This was demonstrated in Table 3.

 

Rising electric prices raise incremental costs.  Rising electricity prices close smelters when incremental costs rise above the incremental revenue operating the smelter brings in.  Once again, the smelter loses the least by shutting down.  This was demonstrated in Table 4.

 

Reductions in power generated by a sister business tied into regional energy markets, on the other hand, change neither a smelter’s incremental revenue nor its incremental costs.3  This is why reductions in power generation – including regulatory reductions – do not close smelters.  This is demonstrated in Table 5 on page 12.


 

Table 5:  Reductions in Power Generation Do Not Close Smelters

(values in millions of dollars;  maximum profit in bold)

 

Number of Potlines

0

1

2

Alcoa Profits in Strong Market Conditions

 

 

 

      No change in Tapoco Generation

$27

$48

$74

      20% Reduction in Tapoco Generation

$13

$35

$61

 

 

 

 

Alcoa Profits in Typical Market Conditions

 

 

 

      No change in Tapoco Generation

$27

$33

$39

      20% Reduction in Tapoco Generation

$13

$19

$26

 

 

 

 

Alcoa Profits in Weak Market Conditions

 

 

 

      No change in Tapoco Generation

$27

$7

-$9

      20% Reduction in Tapoco Generation

$13

-$7

-$22

 

Note: Alcoa profits underestimated to the degree peaking and base load prices differ.

 

Source:  This table emphasizes a finding from Appendix Table C.  All values in Table C are either directly from, or calculated using values from, CRA Tables 3, 4, 5 and page 20.  The spreadsheet used to create Table C, including line by line source documentation, available on request.

 

Table 5 illustrates the effect of a 20% reduction in power generation on Alcoa’s profit-maximizing production choice and profits.  It is based on Appendix Table C (page 19), which   calculates   smelter,   Tapoco  and  joint  (Alcoa)  revenue,   cost  and  profits  under  two generating conditions and three smelter operating conditions:  shut down (operate zero potlines), run at half capacity (operate one potline), or run at full capacity (operate two potlines).  Table C uses the appropriate transfer price – the market price of electricity – to calculate smelter costs and profits.  The numbers in the first column of Table 5 ($27, $13, $27, $13, $27, $13) correspond to the Joint Alcoa profit row in the No Change and 20% Reduction columns for each of the three market conditions whose profits are calculated in the 0 potlines (smelter shut down) section of Table C.   The numbers in the second and third columns correspond to the same rows in the 1 potline (smelter operating at half capacity) and 2 potlines (smelter operating at full capacity) sections.

 

Note that the production level that maximizes shareholder profits in every case is the same before and after a 20% reduction in Tapoco generation.  This is not a coincidence;  it is exactly what economic theory predicts:  changes in power generation do not close smelters.  Note however, that the reduction does affect Aloca’s shareholders:  it reduces Alcoa profits by approximately $14 million.  Thus we see that the impact of reductions in Tapoco generation are felt by Alcoa’s shareholders, not its smelter employees and the communities in which they live.

 

Table 6 below illustrates the effect of a 20% reduction in power generation on the smelter, Tapoco and joint (Alcoa) income statements.  The income statements summarize revenue, costs and profits under strong, typical and weak aluminum market conditions.  Like Table 5, Table 6 is based on Appendix Table C. The strong and typical market condition income statements are calculated assuming the smelter operates two potlines, since, as we have already seen, doing so maximizes the profits received by Alcoa’s shareholders; the weak market condition income statements are calculated assuming the smelter shuts down, for the same reason.

 

Note that total smelter power costs are not affected by changes in power generation, nor are smelter profits.  A lose of revenue from the sale of one product (power) is not the same as an increase in the cost of producing another (aluminum).  Note, however, that the distribution of the power costs between Tapoco and TVA change:  with a reduction in Tapoco generation, the TVA credit makes up a smaller fraction of the total power cost and the balance owed TVA a larger fraction.  Alcoa’s shareholders make up the difference, causing joint profits to fall.

 

Table 6:  Reductions in Generation Reduce the Profits Shareholders Receive

 But Do Not Change Smelter Profitability

(all in millions of dollars)

 

 

 

 

Strong Market

Conditions

Typical Market

Conditions

Weak Market

Conditions

 

 

Reduction in Tapoco Generation

No Change

20% Reduction

No Change

20% Reduction

No Change

20% Reduction

 

 

 

 

 

 

 

 

Smelter Operation

2 potlines (smelter operating at full capacity)

2 potlines (smelter operating at full capacity)

0 potlines

(smelter shuts down)

Total revenue

$372

$372

$329

$329

$0

$0

Total cost

$349

$349

$340

$340

$24

$24

   Power cost

$131

$131

$131

$131

$0

$0

      Tapoco power (at market price)

$68

$54

$68

$54

$0

$0

      TVA power

$63

$77

$63

$77

$0

$0

   All other costs

$218

$218

$209

$209

$24

$24

Profit

$23

$23

-$12

-$12

-$24

-$24

 

 

 

 

 

 

 

 

Power Generation

 

 

 

 

 

 

Total revenue (at market price)*

$68

$54

$68

$54

$68

$54

Total cost

$16

$16

$16

$16

$16

$16

Profit*

$51

$38

$51

$38

$51

$38

 

 

 

 

 

 

 

 

Joint (Alcoa) Profit*

$27

$13

$27

$13

$27

$13

 

 

 

 

 

 

 

 

* Power generation revenue and profits, and Alcoa profits underestimated to the degree peaking and base load power prices differ.

Source: This table emphasizes a finding from Appendix Table C.  All values in Table C are either directly from, or calculated using values from, CRA Tables 3, 4, 5 and page 20.  The spreadsheet used to create Table C, including line by line source documentation, available on request.

 

A Case Study:  Yadkin-APGI and the Badin Works

 

Economic theory and the tables in this report predict that changes in the market prices of electricity and aluminum drive decisions to close smelters, not changes in the amount of power generated by aluminum company subsidiaries.  Still, a question remains:  do businesses actually behave in the way economic theory predicts?

 

The answer is provided in a statement made by Paul Campbell, southeast regional president for Alcoa Primary Metals, at a press conference announcing the recent shutdown of the Alcoa aluminum smelter in Badin, North Carolina.  Badin’s story up to its recent shutdown is strikingly similar to that of Alcoa’s operations in Western North Carolina and East Tennessee.  It begins in 1913, two years before construction of what became the Tapoco Project began.  These were the early days of the electric power industry, and much of the U.S. was years from electrification.  A French aluminum company, lured by the prospect of low cost hydroelectric power, began construction of a dam and a village on Central North Carolina’s Yadkin River, at the base of the Uwharrie Mountains.  Alcoa took over the project in 1916, completing the dam and commencing production of aluminum in 1917.

 

As is true today in Western North Carolina and East Tennessee, up until August 2002 Alcoa produced two products in the vicinity of Badin:  hydroelectric power and primary aluminum.  The power was, and still is, produced by Yadkin-APGI (Yadkin), a wholly-owned Alcoa subsidiary that owns and operates four reservoirs, dams, and powerhouses along a 38-mile stretch of the Yadkin River.  The Yadkin subsidiary has a total installed capacity approximately two-thirds that of Tapoco.  The aluminum was produced at Alcoa’s Badin Works, a smelter with a capacity approximately half that of Alcoa’s Tennessee operations.

 

Alcoa’s corporate website states that the Badin Works’ power is supplied by Yadkin, and that “Yadkin's supply of low-cost hydropower enables Alcoa to better meet the challenge of remaining competitive among low-cost aluminum producers throughout the world.”  Elsewhere, however, the website describes an operation virtually identical to that of Tapoco’s.  Yadkin is managed to generate and sell high value peaking power;  the Badin Works’ 24 hours a day, 7 days a week power needs were met with electricity purchased from the same utilities to which Yadkin sells power.  It is noteworthy that calculating the Badin Works’ power costs using the erroneous methods suggested in CRA, Economic Impact Study For the Tapoco Project (2002) results in power costs that appear even lower per pound of aluminum produced than those calculated for Alcoa’s Tennessee smelter.  This is a consequence of the fact that Yadkin’s generating capacity represented a larger fraction of the Badin Works’ power needs than Tapoco’s capacity represents of the Tennessee smelter’s needs.

 

In the summer of 2002 the Yadkin River was running at record low levels, the consequence of four years of drought conditions in the Carolina Piedmont.  The drought reduced the amount of power Yadkin could generate in a manner more extreme, but similar to, the reduction in the amount of power Tapoco will be able to generate if operating conditions requiring less fluctuation in lake levels, minimum instream flows and occasional recreational releases are included in Tapoco’s new license.

 

In late July 2002, Alcoa announced that due to low prices, the Badin Works would cease production of primary aluminum, and that the shutdown would last “for years, rather than months.” (Charlotte Business Journal, Alcoa closing Badin plant ‘for years,’ July 31, 2002).   Yadkin, on the other hand, would continue to produce electricity, which it would continue to sell to Carolina Power & Light, Duke Energy, and others.

At the press conference announcing the shutdown, Paul Campbell, southeast regional president for Alcoa Primary Metals, stated that the decision to close the smelter had little to do with the reduction in the amount of power Yadkin could generate as a consequence of the drought:

 

“I wouldn’t say they were 100 percent mutually exclusive, but I'm not sure if the lakes were 100 percent full we'd still have to do this,'' Campbell said. ''It's a result of smelt economics.'' (Cabarrus County Independent Tribune, Alcoa closing stuns Badin; 377 soon to be out of work, July 31, 2002)

 

Evidently, Alcoa’s managers understand the connection between generation costs and the value of the power they use in their smelters better than the consultants they hired to write their Economic Impact Analysis do:  Changes in the market prices of electricity and aluminum drive decisions to close smelters, not changes in the amount of power generated by aluminum company subsidiaries.  This is just as economic theory, standard business practice and the tables in this report predict.4

 

THE IMPACT OF REDUCTIONS IN TAPOCO GENERATION ON THE WESTERN NORTH CAROLINA AND EAST TENNESSEE REGIONAL ECONOMIES

 

Regulatory reductions in Tapoco generation will have no effect on the economies of Western North Carolina and East Tennessee.  As we have thoroughly demonstrated, restrictions on Tapoco’s ability to generate power will reduce Alcoa’s power generation profits, but will have no effect on the incremental cost to Alcoa’s shareholders of producing aluminum at their Tennessee smelter.  Because additional restrictions on the Tapoco Project’s ability to generate power will have no effect on the incremental cost of producing aluminum, they will have no effect on the scale at which the Tennessee smelter operates.  This implies that the entire burden of additional restrictions on power generation will be felt by Alcoa’s shareholders, not by its workers, its suppliers, nor the communities in which its workers and suppliers live.  Given the world-wide distribution of Alcoa’s shareholders and the relatively small proportion of Alcoa’s total profits contributed by the Tapoco Project, the impact on the economies of East Tennessee and Western North Carolina of the changes in Tapoco’s operating conditions required to provide less fluctuation in lake levels, minimum instream flows and occasional whitewater recreational releases will be too small to perceive, let alone measure.


Appendix:   The Smelter, Generation and Joint Income Statements Associated With the Scenarios Considered in this Report


Table A: Choice of Transfer Price Can Hide Internal Subsidies But Does Not Change Joint Profit

And Can Lead to Erroneous Conclusions

(all values except transfer price of electricity in millions of dollars)

 

 

 

Strong Market

Conditions

Typical Market

Conditions

Weak Market

Conditions

 

 

Transfer Price of Electricity ($ / kWh)

$0.0107

$0.044

$0.0107

$0.044

$0.0107

$0.044

 

 

 

 

 

 

 

 

0 potlines (smelter shut down)

Smelter Operation

 

 

 

 

 

 

Total revenue

$0

$0

$0

$0

$0

$0

Total cost

$24

$24

$24

$24

$24

$24

   Power cost

$0

$0

$0

$0

$0

$0

      Tapoco power (at transfer price)

$0

$0

$0

$0

$0

$0

      TVA power

$0

$0

$0

$0

$0

$0

   All other costs

$24

$24

$24

$24

$24

$24

Profit (at transfer price)

-$24

-$24

-$24

-$24

-$24

-$24

 

 

 

 

 

 

 

 

Power Generation

 

 

 

 

 

 

Total revenue (at transfer price)*

$68

$68

$68

$68

$68

$68

Total cost

$16

$16

$16

$16

$16

$16

Profit (at transfer price) *

$51

$51

$51

$51

$51

$51

 

 

 

 

 

 

 

 

Joint (Alcoa) Profit*

$27

$27

$27

$27

$27

$27

 

 

 

 

 

 

 

 

1 potline (smelter operating at half capacity)

Smelter Operation

 

Total revenue

$186

$186

$164

$164

$131

$131

Total cost

$138

$189

$131

$183

$125

$176

   Power cost

$17

$68

$17

$68

$17

$68

      Tapoco power (at transfer price)

$16

$68

$16

$68

$16

$68

      TVA power

$1

$1

$1

$1

$1

$1

   All other costs

$121

$121

$114

$114

$108

$108

Profit (at transfer price)

$48

-$3

$33

-$18

$7

-$45

 

 

 

 

 

 

 

 

Power Generation

 

 

 

 

 

 

Total revenue (at transfer price)*

$16

$68

$16

$68

$16

$68

Total cost

$16

$16

$16

$16

$16

$16

Profit (at transfer price)*

$0

$51

$0

$51

$0

$51

 

 

 

 

 

 

 

 

Joint (Alcoa) Profit*

$48

$48

$33

$33

$7

$7