UPDATE OAR 345-020-0011 Notice of Intent (d) Exhibit D.
"If the proposed energy facility is a pipeline or a transmission line or has, as a related or supporting facility, a transmission line or pipeline that, by itself, is an energy facility under the definition in ORS 469.300, identification of at least two proposed corridors, as defined in OAR 345-001-0010, or identification of a single proposed corridor with an explanation of why alternate corridors are unlikely to better meet the applicant's needs and satisfy the Council's standards. The applicant shall include an explanation of the basis for selecting the proposed corridor(s) and, for each proposed corridor, the information described in subsections (e), (g), (i), (j), (k), (n) and (p) that is available from existing maps, aerial photographs, and a search of readily available literature."
https://portal.sos.state.or.us/division/archives/rules/OARs_300/OAR_345/345_020.html
In its 247-page Notice of Intent document, downloadable HERE (12 MB pdf), Idaho Power initially evaluated three corridors and then “determined that two proposed corridors are not warranted,” even though it has not met the burden of evidence that crossing EFU ground is necessary in order to provide the service.
You will remember ORS 215.275 establishes a burden of evidence that in order to route a transmission line across Exclusive Farm Use land, the line “MUST be sited in an exclusive farm use zone IN ORDER TO PROVIDE THE SERVICE,” a burden which is clearly not met in Idaho Power’s single planned corridor.
Idaho Power's "evaluation" consists of the excuses that the alternate corridor is longer, covers rougher topography, (they'd rather make access roads on well-tended farmland, you see) and would require more right of way roads. Nowhere is there mentioned the more likely reasons: it would cost more (not a viable excuse, according to ORS 215.275), it would cross private Idaho land instead of private Oregon land, and possibly because they would rather try to placate a few irate farmers than environmentalists, although the 500kV lines already built through public land in Oregon are operating without complaint.
And nowhere is there the complete and detailed analysis required by Oregon statute for alternative corridors to EFU siting. UPDATE Evidently there is a detailed analysis which we haven't yet seen. We're holding our breaths in anticipation!
The Oregon Department of Energy should not issue any Project Order until there is extensive and detailed data supporting at least two corridors as required by law when dealing with Exclusive Farm Use land.
