Gary Pearson, Tom Nelson, Jean Findley and Cliff Looney at Bob's Steakhouse in Nyssa "I'm exceedingly impressed in how far you've gotten in such a short time." Tom Nelson, Utility, Energy and Condemnation Law, began his remarks to well over 400 people in FRCC's Snake River Room Monday night by noting that things could be worse: Idaho Power is one of those companies that is still interested in what their customers think.
He expressed the desire to save everyone a lot of grief and expense by having our group convince Idaho Power move the transmission line without going to court. "They didn't stop to think about a whole range of issues," he noted, issues such as not inviting residents of all six counties to have input on the siting of the transmission line.
Bruce Corn & Clinton Kennington overlooking the valley with Tom Nelson"What you've done so far is excellent," he told the crowd. But when it comes to what happens next, he outlined two paths that will be taken concurrently:
(1) The Federal Environmental Path. National Environmental Policy Act (NEPA) requires that IP file an EIS (Environmental Impact Statement) since they intend to cross Federal land, in this case, 11% of the time. Nelson observed that that IP did not appear to have fully analyzed and evaluated possible alternatives to their chosen corridor.
(2) The State Siting Track. The EFSC (Oregon Energy Facility Siting Council) is a one-stop approval process for determining whether a site certificate (permit to build) should be issued. The hearing is conducted like a court case: "It can be exhausting, time consuming, expensive, and thorough," said Nelson. Anyone with standing can participate. The SIP Board of Directors has already determined that they are willing to go to the expense this process would entail. When all testimony is given in these hearings, Nelson continued, an Administrative Judge will recommend to the EFSC whether a site certificate should be issued for actual construction of the line.
Need for the facility must be proven, something that may now be in question due to the precipitous decline in the economy. If this process actually results in the awarding of a site certificate to IP, they must still go through the condemnation process, which can be litigated by 400 individual landowners in Malheur County and dozens in Owyhee and Baker Counties.
(1) The Federal Environmental Path. National Environmental Policy Act (NEPA) requires that IP file an EIS (Environmental Impact Statement) since they intend to cross Federal land, in this case, 11% of the time. Nelson observed that that IP did not appear to have fully analyzed and evaluated possible alternatives to their chosen corridor.
(2) The State Siting Track. The EFSC (Oregon Energy Facility Siting Council) is a one-stop approval process for determining whether a site certificate (permit to build) should be issued. The hearing is conducted like a court case: "It can be exhausting, time consuming, expensive, and thorough," said Nelson. Anyone with standing can participate. The SIP Board of Directors has already determined that they are willing to go to the expense this process would entail. When all testimony is given in these hearings, Nelson continued, an Administrative Judge will recommend to the EFSC whether a site certificate should be issued for actual construction of the line.
Need for the facility must be proven, something that may now be in question due to the precipitous decline in the economy. If this process actually results in the awarding of a site certificate to IP, they must still go through the condemnation process, which can be litigated by 400 individual landowners in Malheur County and dozens in Owyhee and Baker Counties.
Nelson stressed several points: First, "how immensely proud you should be of your organizing committee. Your relationship with the County Court is excellent."The second point is one of unity. You'll be approached individually. Unity and cohesion are critical. . . If Idaho Power calls and says 'I want to meet with you,' say No Thanks, I don't want to meet. My land is NOT FOR SALE. Tell your neighbors! You'll be way ahead.
"Your ultimate goal isn't to kill transmission capacity. You can have it off to the west and off to the north. . .
"Idaho Power's road is not easy. Malheur County has a lot to say. If I were the folks that work in the top floor in Boise, I wouldn't be sleeping well. You can let them know in a persuasive, professional manner, they blew it when they put (the transmission line) down the middle of the valley. . . You will be most effective by convincing Idaho Power that they don't want to dance in Malheur County. IT WILL BE UGLY."
Questions following Nelson's presentation addressed the support of Owyhee County for the Option 2 line as long as it moves farther away from private land; the condemnation process and how this will not benefit anybody; and the desire of other smaller groups in Parma, Owyhee and Baker to retain Tom Nelson to represent them as well.
Thanks to Ken Teramura for the use of his photographs.
