DEIS P-293 -- "The water management protocol recommended by the Tri-County Committee and the Smith Mountain Association looks to establish 792.0 NGVD adjusted as the lower limit for operating the Smith Mountain development. … We [FERC Staff] find that the need for the higher lake levels [for safety] lacks adequate support."

TCRC believes previously data and analysis provided on the relationship between water level and safety explicitly shows how levels impact the mission of lake safety organizations.  The mission impacts described by marine fire and rescue on page 18 of TCRC's earlier submittal (elibrary number 20081006-5033) dangers to emergency first responders, longer response times, accessibility to fire boats, and inaccessible shorelines and docks.  None of these mission impacts have been disputed or proven not to be true.  The DEIS simply rejects this input and offers no alternative analysis other than boat groundings and depth contours, which is insufficient and only vaguely applicable.

DEIS P-293 -- "These entities also recommend that Appalachian Power pump water back from the Leesville development to the Smith Mountain development for the purpose of keeping water levels at desired levels for boating activities on Smith Mountain Lake."

TCRC notes that regular pump back operations, as described in APCO's analysis "Financial Effect of Raising the Minimum Water Level at Smith Mountain re: the Smith Mountain Project" (elibrary number  20090224-0072) are also necessary to exploit power rate differentials.  In their analysis APCO explains that the project routinely pumps back on weekends to refill SML as well as during the week.  TCRC's request for regular pump back is consistent with APCO's operational procedure.  Another benefit is that SML levels will be higher to increase safety and public access.  TCRC simply asks this operational model of regular pump back be included in the new license.

DEIS P-301 -- "APCo pays local taxes that could be used to support services such as fire and rescue.   Beyond that, we [FERC] do not recommend that Appalachian Power be required to provide financial support to the Smith Mtn Fire/Rescue Company."

The DEIS failed to consider the following:

1. SMLMF&R Company is a volunteer organization supported by primarily by donations with very little taxpayer support
2. APCO routinely relies on the Company for debris collection, raising sunken water craft, securing free floating docks and hazardous material (HAZMAT) containment without reimbursement.
3. APCO negotiated a flowage easement tax rate that is both fixed and far below the surrounding Counties lowest property tax rates.