'No resolution' after energy officials testify about NC dams in committee hearing
COLUMBIA, S.C (WPDE) — Lawmakers in Columbia want to know if private industry across the state line is to blame for prolonged flood events across the Pee Dee and Waccamaw River basins.
The flooding seen across Horry County and neighboring areas in 2020 was at the forefront of discussion in Columbia on Tuesday.
State lawmakers met in a joint committee hearing that brought together delegates from Horry. Georgetown and Florence Counties from both levels of the legislature. They listened and questioned officials with NC-based power providers Duke Energy and Cube Hydro.
“You don’t think you’re responsible for it a little bit," asked freshman state representative Thomas Brittain of Horry County.
Questions like that were eventually thrown at executives after lengthy questioning from committee members including Senator Stephen Goldfinch. He helped spearhead the proceeding.
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"There are a lot of more questions that need to be asked and answered by Duke especially," Goldfinch said. "There is no resolution, what I expect from Duke and Cube is for them to be good corporate citizens. What I got out of today was that they're not quite ready yet to be good corporate citizens."
This all stems from early flood events seen in 2020. Once in February and another event in late May into early June. During those events. USGS data along the Pee Dee River and Yadkin near the Blewett Falls dam show large discharges of water. Local officials have taken those events and run with the idea that the companies are doing more to help their bottom line, their neighbors on the lakes, and the dam at the expense of SC residents downstream.
“I personally find that to be a problem, that we have folks in North Carolina controlling our destiny downstream in South Carolina," said Goldfinch referring back to the testimony where officials said local NC governments have water level requirements set on lakes like Lake TIllery. “It’s time for everybody to come to the table here and start providing solutions.”
Executives with Cube Hydro, which was recently bought and merged with Eagle Creek Renewable Energy, said they've operated the dams for nearly two decades without violations or fines from federal regulators.
Cube Hydro handles at least 4 dams or reservoirs in NC along the Yadkin. Duke Energy has two in Lake Tillery and Blewett Falls.
"When the water gets to a certain level at the top of those flood gates, we will open those flood gates, we have to open those flood gates to maintain dam stability," said Senior VP of operations Mark Gross.
Gross was hit with several questions about if the dam abides by minimum flow standards. That means will they get in trouble if the lakes are too low. He said they would, that's because of agreements they've made with wildlife services as well as dock users. When the water is too high, he says they have no choice but to let it all out or face harming the dam system.
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“We could fail a dam and make whatever is going on downstream all worse. So there really is no reason, no mandatory reason to look downstream when we are about to spill water, it’s because we have to, we have no other choice," Gross said.
"Do you have a duty to the folks downstream in your opinion," asked Sen. Goldfinch
"We do," Gross said. "We go into our emergency action plan and it goes down to Marlboro County."
Officials at both Duke and Cube said they make an effort to inform local emergency management divisions when they plan to release a large sum of water. The amount Gross used was 80,000 cubic feet per second.
Goldfinch asked in the future if they'd make the attempt to inform DHEC as well as DNR. Goldfinch as well as Rep. Heather Ammons Crawford questioned the timeframe of the flood events. They said the events have become more frequent since the Great Flood of 2015. Around that same time, they say changes were happening upstream.
"Something's changes, Duke and Cube know what's at the bottom of it and I intend to find out," Goldfinch said. "Quite frankly Horry and Georgetown Counties have been inundated with flooding for the last since the change in Duke and Cube's FERC license. So what of the questions I'd like to know is what were those changes."
A FERC license is provided by the Federal Energy Regulatory Commission. Gross said the key changes were at the High Rock dam and at other locations based on environmental impact reduction like drought level mitigation.
"In terms of how we operate the facilities, essentially nothing has changed in how we operate the new license," Gross said.
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Testimony and questioning had to be brief for Jeff Lineberger, a Duke Energy Hydrologist since senators had to convene at lunchtime. Lineberger showed several data charts illustrating the rain events in 2020. Most of the rainfall he pointed out was focused beneath Duke's two dams. This is a similar presentation that he gave last summer in Horry County. Then, he said the dams had little impact on the Waccamaw River, and Tuesday he stood by saying placing the blame on them was pointless.
"I believe pointing to Duke Energy and Cube Hydro is a red herring," Lineberger said.
He also suggested that Duke would help SC leaders with better understanding the river basin, asking that lawmakers look at forming and funding a river basin action council. An idea to which, Sen. Goldfinch challenged.
"Philosophically I have an issue with that. My constituents who are being inundated with water, are being flooded and displaced from their homes every single year, have to pay to prove that the possible culprit is not at fault, that doesn't happen anywhere else.," Goldfinch said.
Lineberger said having a corporate entity like Duke Energy would give off the perception that the council was corrupt.
"If for thirty years you have not done anything and you know that there is a problem, then something is wrong. I don't know what it is but something is wrong," said one lawmaker from Orangeburg County.
In the end, no promises were given to lawmakers other than more communication will be provided to state agencies when flow releases are scheduled at the dams. Goldfinch said that's not enough.
“If they want an easy smooth transition to the next FERC license, they don’t want us holding that up. They need to be forthcoming about what some of the problems are and they need to be forthcoming about helping find some solutions to those problems," he said.
After the hearing, Goldfinch said he asked if the companies would be willing to put forth funds for new flood gauges and other studies on the river valley. He said they would not commit to that.
What's next? Goldfinch said they plan to review the FERC license and request power companies officials return to Columbia to testify even if it's under subpoena.