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Member Comments/Response
Following is an email conversation between a focus group member, who is in
fairly regular contact with UPPCO, and an UPPCO responder:
Focus Group Member
We have received conflicting information regarding when the decision was
made to sell the lands to Naterra. When did negotiations begin to sell the
land at Bond to Naterra? What is the status of the land sales at Victoria &
Prickett?
Shawn gave an overview of the licenses for Bond & Victoria but there was
no discussion or open dialogue - we were each allowed only 1-2 minutes for
questions. I am very confused regarding our role on the focus group. According
to the SMP Guidelines (page ii) it states "commission staff believes that by
including various stakeholders in the development of the SMP, the resulting
plan will be stronger and more acceptable to all parties".
The same page states the SMP is a comprehensive plan to "manage the multiple
uses of the project's shoreline in a manner that is consistent with license
requirements." At the last meeting we were told it is not our role to look at the
license. How specifically will the focus group be used in the development of the
SMP?
FERC has the ultimate decision for approving the SMP but FERC also expects
UPPCO and the stakeholders to discuss and work through difficult issues (not
just go around the room and ask each person to state their concerns). Perhaps,
2 meetings is not a good assessment, but how does UPPCO plan for the
stakeholders to work through the difficult issues?
As part of the license agreement, UPPCO is supposed to minimize human
disturbance at the shoreline. I realize FERC will have the final decision about
docks and hopefully, some of the issues will be raised during the EA, but UPPCO
must have believed docks would not impact the shoreline or they would not have
prepared a draft NELA. How is it that UPPCO believes that docks, trails etc. would
not impact human disturbance? Also, there is now talk of additional public
access points. How is that consistent with the license?
Are we in the pre-planning stage of the SMP or the actual preparation of the
plan? Will the focus group be setting Goals & Objectives?
Last month I asked if we would be given copies of a SMP & I was told to get one
through FERC. Seems like this is something that UPPCO should provide to each
stakeholder. Why does UPPCO think it is inappropriate for the focus group to
review and discuss a SMP?
If using the focus group as purely advisory, where we state our concerns in 1
minute sound bites, how will these concerns be related to FERC? (I asked Keith
this question at the first meeting, but no one seemed to know at the time).
Thanks for your help
UPPCO Responder
First, we've been over the issue of when the decision was made to sell lands
and to sell to Naterra several times. The company's asset management strategy to
dispose of land not needed for safe, reliable and ongoing business operations was
formed late in 2001. UPPCO began considering selling the land in 2002. In 2002,
and again in 2004, UPPCO had discussions with the Michigan DNR and other agencies
to gauge their interest in acquiring some or all of the land. UPPCO preferred to
sell the land in large blocks to avoid additional work with selling multiple
parcels to different individuals and to have better control of the use of project
lands. Later in 2004, well after receiving the FERC licenses and after receiving
no substantial interest from the Michigan DNR or other agencies, UPPCO began
exploring the option to sell to a developer.
In 2005, UPPCO chose Naterra as the buyer and began working exclusively with
their representatives on the land sale (about 1,400 acres at Bond, Boney, and
Cataract) - which closed in December 2005.
The land sales at Victoria and Prickett are not yet finalized. UPPCO is open to
discussions with conservancy agencies on the land, but has not been approached even
though the the potential land sales have been widely publicized. If the land is to
be sold for development, UPPCO will work exclusively with Naterra.
Regarding the Focus Groups, I think you may be confusing their role with the
role of the Resource Agencies in developing the Shoreline Management Plan (SMP).
UPPCO, along with the Resouce Agencies, developed goals and objectives (posted on
the UPPCO Web site) and has a role in determining that "the multiple uses of the
project's shoreline" are consistent with the license requirements. The Focus
Group's role is to raise issues that UPPCO, along with the Resource Agencies,
will address in the SMP, as well as to serve as a conduit of information to and
from the member's constituencies. The Focus Groups will not make decisions and
need not reach a "consensus" of opinion regarding the issues raised. In fact,
because of the diverse nature of the Focus Groups, consensus would likely be
impossible to reach.
As the SMP Guidelines indicate (Section 2.3), "Although the licensee will be
the primary entity responsible for formulating, developing, implementing, and
monitoring the plan, other entities will have input throughout the planning process."
Further, the SMP Guidelines state, "It is important to identify potential
stakeholders and their concerns, goals, and issues..." That is the role of the
Focus Groups: to bring concerns, goals, and issues to the table so that UPPCO
and the Resource Agencies address them in the final plan.
Again, the Focus Groups will not "work through the difficult issues." That is
the role for UPPCO and the Resource Agencies.
Regarding the issue of docks, I think you will see from the SMP Guidelines,
that dock placement is just one of many "permittable" facilities on project lands
(page 3-8). Examples cited include:individual docks and piers, common docks and
piers, boat houses, excavation and dredging, riprapping, fences, walkways,
landscape plantings, hunting blinds, etc. UPPCO is not considering boat houses
and fences, etc. on project lands, but clearly, they are "permittable" facilities
under the FERC guidelines.
Your implication that docks will impact the shoreline and are therefore not
allowed is incorrect. During the SMP planning process, it is the responsibility of
UPPCO, along with Resource Agency consultation, to balance the potential project
land uses with the license requirements, including the recreation plan, public
access requirements, etc. The environmental studies being completed will assist in
determining what will or will not be included in UPPCO's submission of the SMP to
FERC. For example, there may be areas identified that are loon nesting areas or
other environmental concerns, where little or no project land uses will be allowed.
UPPCO is in the pre-planning stage of the SMP. Again, the goals and objectives
have been developed by UPPCO and the Resource Agencies and are available on the
UPPCO Web site.
Regarding a sample SMP, I hope my earlier discussions have been clear in pointing
out that is it not the Focus Group's responsibility to review and discuss the SMP,
but rather to raise concerns, goals, and issues that will later be addressed in the
SMP developed by UPPCO, with consultation from the Resource Agencies.
The Focus Group meeting summaries are forwarded to FERC. I hope to get the most
recent summaries added to the UPPCO Web site within the next few days, as well.
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