Application for a Site Certificate

If you've been following this blog, you'll know that the Oregon Department of Energy is now writing a Project Order regarding Idaho Power's Notice of Intent to build the B2H transmission line. The Project Order makes relevant regulatory applications to the NOI and will require IP to address these regulations in order to qualify for a Site Certificate.

OAR 345-021-0010 Contents of an Application

(1) The project order described in OAR 345-015-0160(1) identifies the provisions of this rule applicable to the application for the proposed facility, including any appropriate modifications to applicable provisions of this rule. The applicant shall include in its application for a site certificate information that addresses each provision of this rule identified in the project order . . .

(III)(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, a corridor selection assessment explaining how the applicant selected the corridor(s) for analysis in the application. In the assessment, the applicant shall evaluate the corridor adjustments the Department has described in the project order, if any. The applicant may select any corridor for analysis in the application and may select more than one corridor. However, if the applicant selects a new corridor, then the applicant must explain why the applicant did not present the new corridor for comment at an informational meeting under OAR 345-015-0130. In the assessment, the applicant shall discuss the reasons for selecting the corridor(s), based upon evaluation of the following factors:
(i) Least disturbance to streams, rivers and wetlands during construction;
(ii) Least percentage of the total length of the pipeline or transmission line that would be located within areas of Habitat Category 1, as described by the Oregon Department of Fish and Wildlife;
(iii) Greatest percentage of the total length of the pipeline or transmission line that would be located within or adjacent to public roads, as defined in ORS 368.001, and existing pipeline or transmission line rights-of-way;
(iv) Least percentage of the total length of the pipeline or transmission line that would be located within lands that require zone changes, variances or exceptions;
(v) Least percentage of the total length of the pipeline or transmission line that would be located in a protected area as described in OAR 345-022-0040;
(vi) Least disturbance to areas where historical, cultural or archaeological resources are likely to exist; and
(vii) Greatest percentage of the total length of the pipeline or transmission line that would be located to avoid seismic, geological and soils hazards;
(viii) Least percentage of the total length of the pipeline or transmission line that would be located within lands zoned for exclusive farm use;
(E) For any pipeline or transmission line, regardless of size:
(i) The length of the pipeline or transmission line.
(ii) The proposed right-of-way width of the pipeline or transmission line, including to what extent new right-of-way will be required or existing right-of-way will be widened.
(iii) If the proposed corridor follows or includes public right-of-way, a description of where the facility would be located within the public right-of-way, to the extent known. If the applicant proposes to locate all or part of a pipeline or transmission line adjacent to but not within the public right-of-way, describe the reasons for locating the facility outside the public right-of-way. The applicant must include a set of clear and objective criteria and a description of the type of evidence that would support locating the facility outside the public right-of-way, based on those criteria.

(At last, we'll know the answer to these questions!)

https://portal.sos.state.or.us/division/archives/rules/OARs_300/OAR_345/345_021.html

How many acres of land?

Think about how many acres of productive land Idaho Power's 250 foot easement over 30 miles of Malheur County has the potential to adversely affect:

30 miles * 5,280 feet = 158,400 feet in length x 250 ft wide

One acre = 207 ft * 207 feet

Every 200 feet of transmission line traverses one acre of ground

158,400/200 = 792 acres of easement Idaho Power wants from Malheur County.

To quote again: http://arcweb.sos.state.or.us/rules/OARS_600/OAR_660/660_033.html

"(17) A power generation facility shall not preclude (exclude) more than 12 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to OAR chapter 660, division 4. "

Even if a tenth of this nearly 800 acres is farmland, it's still too much.

Malheur County isn't like Morrow or Umatilla Counties dry land farms; this ground is as intensively farmed and productive in its way as Willamette.

Keep Your Camera Handy

Larry Meyer of the Argus contacted Eric Hackett at Idaho Power about the reported request for an easement for transmission lines. Eric denies that any of the three "right-of-way employees" were in this area in the past week. Our neighbor was able to describe the truck and the two men in detail, although Eric says they do not fit the description of Idaho Power's "right-of-way employees."

There seems to be no explanation for this, but it is still good practice to keep strangers off your property. If any show up and claim to be from Idaho Power, you might take a picture with a digital camera, ask for their ID, and give Eric Hackett a call at:

Eric Hackett, Idaho Power Company
1-208-388-5712

Idaho Power is After Your Property

A property owner on Butte Drive was approached this past week by Idaho Power asking for an easement right of way at 25% of the land's value for the purpose of the 500 kV line. Idaho Power will move the line wherever they can find 40% of property owners giving away rights along whatever corridor they can get.

THIS MEANS YOU. DO NOT GIVE YOUR PROPERTY RIGHTS AWAY! WARN YOUR NEIGHBORS!

This is an indication that Idaho Power is not serious about looking at designated corridors. Please contact your neighbors on either side, especially the elderly, and warn them to not let any persuasive Idaho Power employees on their property.

We wonder how many Idahoans are being asked for property easements.

Warning: Don't Sign Right of Ways!

You do not have to let anyone on your property. If you are promised money for a right of way, remember they do not have to pay full market value. Your land may be taken out of production. Estimate that half of condemned property value will be lost. Once you sign a right of way, you may have no recourse!

BLM right of way

According to Renae Straab, Vale District office BLM, the BLM does not give easements, it gives "right of ways" She even considers "roads" as "right of ways". She is going to check with her land use person, Susie Menez, and get back to me about easement vs right of way, and whether or not a right of way can be used by more than one utility company.
According to Renae, she said there are no rights of way in the Vale Dist....I have been further researching this issue of existing right of way corridors on the web and ran onto an undated DRAFT to all state directors from assistant director, renewable resources & planning (wo200), and I quote some paragraphs:
the BLM and the Forest Service have had a longstanding partnership with the Western Utility Group (WUG)concerning the planning, identification, and designation of utility corridors in the western United States. Both agencies endorsed the WUG's 1992 Western Regional Corridor Study (WRCS) and committed to using it as a primary reference in our consideration and designation of utility corridors through the land use planning process. To make this effort even more manageable, the WUG recently updated its 1992 WRCS, and has provided the BLM and Forest Service with a more focused set of priority corridors in the western US. These are proposed corridors that the WUG has identified as having the highest potential of being developed with additional electric transmission, oil and gas transmission, and/or telecommunication facilities within the next 10 years.
The WUG has further categorized those priority corridors by identifying those corridors within which new projects will be proposed in the next 1-3 years, 3-5 years, and 5-10 years. A set of digitized maps of these proposed priority corridors can be accesed electronically by all BLM offices at : ftp://158.68.141.102/ (internal) or ftp://ftp.id.blm.gov/ (external). Each of these maps show corridors that the WUG has proposed as having the highest priority for the most immediate consideration and designation in BLM land use plans. The set includes 4 base maps, each with the priority corridors identified..... Now, folks, I (Pat P) have tried to access these files, but can't. I have called the Vale Dist Office, and Renae is going to talk to Susie about maps of existing corridors, but if any of you know of a faster way, please let us know. Thanks, pat p