20080908Jensen Add'l Comments.pdf

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Debra S. Jensen, C.P.A., M.B.A.
3883 East Elison Road
Downey, Idaho 83234
Home: (208) 897 - 5279
Cell: (208) 760 - 7611
RECEIVED
208 SEP -8 AM 8: 33
IDAHO PU8~IÇ
UTiLITiES COMr.,ÎóSIOti
p¡lc -~ -08'-03August 31, 2008
Idaho Public Utilities Commission
PO Box 83272
Boise, il 83720-0074
Dear Sirs;
This is a second letter regarding Rocky Mountain Power, the proposed Populus
Transmission Hub Substation and the associated new transmission lines. After contacting
local, state and federal elected or appointed officials, I have discovered that no one feels
accountable or responsible for monitoring Rocky Mountain Power's actions. A brief
sumar is as follows:
1. Banock County feels it can only affect projects by its zoning ordinances.
Banock County Planng and Zoning did specifically require that any futue
power generation projects must have a public hearing process prior to
approval. However, the curent projects, Populus and the transmission lines
wil be constrcted based on existing zoning requirements. The Bannock
County Commissioners have expressed an interest in establishing utility
corrdors using a model from Utah, but no other action has been taken on this
issue.
2. Idaho State Representatives for our area have made some contacts with Rocky
Mountain Power and seem satisfied that they are using appropriate methods.
The other Representatives in the state have not replied to any correspondence.
They also feel that the interstate nature ofthe projects preclude any significant
state action. The fact that the main campaign contributor for most of these
representatives is electrical utilities most certainly is a factor in this decision.
3. Governor Otter has not replied to the letter sent to him on April 15,2008 and
has taken no action regarding Idaho Public Utilities Commissioner Marsha
Smith who is also co-chairman of the Western Tier Energy Group. The
Western Tier Energy Group is a group of 5 major utilities that plans and sites
transmission line projects in the Western States. Obviously, he does not feel
that this constitutes a violation on the statutory ban of political activities by
commissioners.
4. The Idaho Public Utilities Commission is only concerned about rates and
need, not behavior or complaints regarding Rocky Mountain Power's conduct.
They have limited comment to the topics of need, reliability and meeting
customer demand, per Case No. PAC-E-08-03, Order No. 30597. They don't
have conduct requirements or seem to care about conduct for expansion or
constrction projects. And since one of the commissioners is the co-chairman
of the group that planed this project, there won't be anyopposition.
5. Senators Crapo and Craig do not feel that this is a federal issue. Both regional
directors stated this when we met in July 2008 and there has been no
additional communication from them.
I recognize the need for power grd stability and related constrction projects, however
there must be standards required ofthese huge interstate projects. The Energy Act of
2005 has opened the floodgates, and Idaho has not met the challenge. As private
landowners, we should be able to expect basic communication and respect as these
projects move forward. This is not the last large project on the immediate horizon and
we need to make changes and corrections to legislation based on the experiences of
landowners to ensure that the next set of affected landowners are treated better. Below is
a list of areas that need to be addressed BY SOMEONE!
Public participation in the planning stage. As landowners, we were not aware ofthis
project until Surey markers appeared on our property in March 2008. The route was
established at this point and there had been no public input on it at all. Rocky Mountain
Power did hold a public meeting in January, but NO ONE in Downey knew about it.
Rocky Mountain Power stated that the attendance was 5 people, and I have not been able
to determine who they were. No one that I have spoken with knew about the meeting.
We had a meeting in April, after we found out about the project that was attended by over
sixty (60) people. There was obviously an interest and that meeting was advertised by
flyers only. Rocky Mountain Power also put out a press release in May 2007 that was so
generically worded that not one of our local media outlets knew that it affected our area,
so they did not pick it up.
Mandatory landowner contact. Rocky Mountain Power did not make reasonable
attempts to contact landowners. They blamed Bannock and Oneida Counties for the lack
communication stating that they used the addresses from county records to send letters.
The basic flaw in this explanation is that our property tax bils arve each year, yet we
received no communcation from Rocky Mountain Power regarding this project until
AFTER they had started sureying. The Sunstone pipeline project has already begu
contacting POSSffLE affected landowners and they won't be surveying for at least 18
months. They made phone calls and went door to door to be sure that all landowners
were aware ofthe project. This shows that timely landowner contact is possible.
Effective Public Meetings. We attended a public meeting in Malad in July. At that
meeting Rocky Mountain Power had stations set up and people at the stations. They did
not conduct it as a meeting, rather we each moved from station to station. The people at
these stations were not able to answer specific questions regarding the project; they just
read us the information off the boards. We deserve answers, or at least a place to contact
to get specific answers. Our home is less than 800 feet from the 320 acre Populus
substation and there wil be at least 9 transmission lines going on both the east and west
side of our home. I have specific questions about this, our domestic well and the affects.
I deserve specific answers that are backed by more than Rocky Mountain Power's word.
Most of the landowners are farmers and some consideration of the affect on their fields
should be mandatory. This affects not only the value of the land, but the ability to use it
to make our living.
Power Company and Subcontractors standards of conduct. We have been ignored,
lied to and trespassed on by Rocky Mountain Power. There is NO excuse for this kind of
behavior. They are a for profit company that has the benefit of operating in a
monopolistic environment with the benefits of eminent domain. They WILL get what
they want, the route they want and the time line they want, it should be mandatory that
they treat landowners honestly and with respect. They should be financially punished for
lack of communication, lying and trespassing. We told sureyors to leave several times
and contact us BEFORE they went on our land. They finally admitted that Rocky
Mountain Power told them to just go on the land and surey, don't worr about
contacting the landowners.
Environmental Considerations. Private ground is targeted due to the requirements for
environmental testing when public ground is used. However, the possible impacts both
to wildlife and the environment are the same for both private and public ground. The 320
acres of the Populus substation wil need to be clear of ALL vegetation and rodents. This
wil be achieved by frequent spraying of chemicals. We have a domestic well that wil be
affected by this as well as the contents of the transformers. Populus is also sited on the
winter range for several hundred deer and the transmission lines wil cross both deer and
grouse habitat. The deer habitat is critical transition range habitat. Idaho Fish and Game
(IDFG) have expressed concerns over the sites, but they have no "offcial" power to
object. IDFG has numerous studies to back up their concerns. The most that IDFG can
do right now is write a letter stating their concerns and it is up to Rocky Mountain Power
to consider them. I have no confidence that Rocky Mountain Power would ever address
these concerns without regulation. There needs to be baseline or uniform MINIM
environmental requirements for these projects. Since these are interstate projects, states
should be allowed to increase the requirements as needed for their state.
Reconcilation of other requirements already on property. A significant amount of
this property is in CRP. As landowners, we are restrcted and regulated as to the
activities on our contracted ground. We can't plow or spray in the spring or early
summer due to nesting birds, yet construction is planed for these times. What about the
nesting birds? Either the requirements on farers are unecessary or Rocky Mountain
Power is exempt from them no matter what it wil do to the birds. Why?
Idaho legislators need to change Title 61 of the Idaho Statues. All of the requirementsincluded in Title 61 - Public Utilities Regulation are based on the designation of a
National Interest Electrc Transmission Corrdor (NETC) by the federal governent.
This wil not always be the case, as demonstrated by the curent project. It covers multi
states, utilizes multiple utility companies, yet is circumvents Idaho statues because it was
not designated a NIETC. Either this designation needs to be made mandatory by the
Federal governent, or Idaho needs to have Title 61 changed to include ALL
transmission line projects irrespective ofthe NITC designation. My interpretation of
the Energy Act of 2005 is that the NITC designation is not standard; rather a tool to be
used if states canot work together to move a project forward. Idaho needs to be
protected in either case. Rocky Mountain Power has taken none ofthe steps set forth in
Title 61 because the NIETC designation was not made by the Deparment of Energy.
Based on the requirements set forth in Title 61, Idaho legislators must believe that public
information and landowner contact is important, it just needs to be enforceable without
the NIETC designatioll.
Based on the fact that the Energy Act of 2005 has made this situation blur and
regulation responsibility falls through the cracks and that the nature of this project and
others around the countr are interstate rather than intrastate; I believe that a set of
federal regulations should be created and utilized. Using the interstate highway system as
a guide, a minimum set of federal standards for conduct; construction and environmental
regulation should be established. The ability for states to have stricter regulations, if
desired, needs to be included with sanctions or penalties for not enforcing the federal
standards. But landowners should have the securty of a uniform minimum set of
regulations. The mere fact that no one seems to feel like they can affect the curent
situation with Rocky Mountain Power is proof that changes need to be made. There
needs to be someone that the public can address issues to and not be told that it is not
their area to regulate.
Below is the original set of questions and concerns from my letters dated April 15,2008
that have yet to be addressed.
QUESTIONS AND CONCERNS
1. The recommendations made by the multiple contributors to the Rocky Mountain
Area Transmission Study clearly show use of the existing Treasureton
substation and the new southern transmission line runnng down the existing
Franlin County corrdor. There is a second substation being shown west of
Pocatello, with nothing shown in Downey. According to the associated
documentation, the study was conducted within the reliability requirements of the
Western Electrcity Coordinating Council (WECC) and its Planning Coordination
Committee. WECC is being cited as the reason for moving the southern
transmission line out of Franlin County and into Oneida County. If WECC's
requirements were used in the study compilation, why is WECC being used
to justify the relocation of the southern transmission line to Oneida County?
Why was the substation/transmission hub relocated from the recommended
location of Treasureton to Downey? Clearly, the accuracy of the information
being provided by Rocky Mountain Power is questionable. WECC has been
involved with the Rocky Mountain Area Transmission Study from the onset in
2003 and their concerns should have been addressed before the study was
published.
2. In PacifiCorp's fiings with the Idaho Public Utilities Commission, Case No.
PAC-E-07-11, three (3) new natural gas combined cycle combustion turbine
(CCCT) power generation plants are being planed by 2016. The document
shows two plants being built in the eastern side of the terrtory and one in the
western side. There are no specific areas given. Where are these CCCT power
generation plants being located and is one slated for the Populus site in
Downey? Idaho Power announced that they are looking to have a CCCT power
generation plant constrcted in the Boise area; this is in addition to the three (3)
power generating plants to be constrcted by PacifiCorp. What protections are
in place for our land, natural resources and properties when these four (4)
power generation plants are constructed? Are there any coal-fired plants
slated for construction in our state by any of the participants in the Rocky
Mountain Area Transmission Line Study?
3. CCCT power generation plants use large quantities of water for operation. Water
becomes steam for the second phase ofthe plant cycle. Where is the water
going to come from and how wil this affect the agricultural user?
4. All of the documentation for the Rocky Mountain Area Transmission Study cites
the need for power in California, Oregon, Utah and Nevada. Idaho's growth is
much lower than these areas and the majority ofthe power goes to the other
states. Why is Idaho building power generation plants and constructing new
transmission lines to provide power to other states? Why are these states not
being required to build in their own "backyards" instead of using ours?
5. Stated in the Protocol Among the Members of the Western Governors
Association, The U.S. Department of Interior, The U.S. Department of
Agriculture, The U.S. Department of Energy and The Council on
Environmental Quality Governing the Siting and Permitting of Interstate
Electric Transmission Lines in the Western United States signed by all named
paries in June of 2002; there is a streamlined process in place for using public
lands for some of the transmission lines. Given this fact, why are all
transmission lines sited on agricultural lands and no lines on any public
ground even when it is a more direct route?
6. Idaho Fish and Game officers have spoken at several meetings about the impact
of roads and construction on the winter and transition ranges of mule deer and elk
as well as the impact on shar-tailed grouse leks. The environmental process is
completely subverted when private ground is used for these projects. Our
wildlife is not only key to our State's economy, but also something that all of us
enjoy. Consolidation and use of existing transmission corrdors and use of
existing substations would dramatically reduce the projected impact on deer, elk
and grouse. Why is the impact on wildlife ignored?
7. The Utilities combining forces for this project are not true public utilties; rather
they all are private investor owned, for profit energy businesses. There are no
expectations or requirements that these businesses operate efficiently, control
costs, limit profit generation or reinvest profits. They are granted rate increases
merely by submitting the required forms and citing "energy cost increases". Yet,
they are being given all ofthe rights of eminent domain with no requirements that
they show they are trly working for the greater public good. The total lack of
any effort to communicate with affected landowners exhibits total arogance.
Rocky Mountain Power has placed the blame for its communication failure on
Banock County. They have stated that they were given the wrong addresses off
the property tax roles. The problem is, we have always received our property tax
notices from the county. Rocky Mountain Power has never initiated any contact
with us and we are greatly impacted by this project. When they have been
contacted, information is restricted. Karen Gilmore, VP of Community Relations
for Rocky Mountain Power told me that they did not want to release too much
information about a project due to public stress and worr. I guarantee you that
NO INORMATION is far more stressful and frstrating. I have yet to get a
straight answer to any question about the project specifics. In fact, Rocky
Mountain Power wil not comment on any par of the project that is in par or
wholly managed by another utility. This leaves much of the project out of
discussion. Why are these companies not required to have a minimum
communication standard for affected landowners and potentially affected
landowners and face penalties if they fail to communicate? Why are these
investor owned companies given all of the benefits awarded to true public
utilities and they don't answer to any of the public that they serve? Why is
the profit motive of the companies not considered when rate increases are
sought and the cash flow and earnings looked at more closely to insure that
we are not paying for large bonuses, high profits or inefficient operation out
of our pockets?
8. Rocky Mountain Power has cited terrorism and natural disasters, such as fire, as
reasons for the Populus transmission hub and the new transmission line corridors,
especially headed south. If these are real issues, isn't a transmission hub a
really bad idea? Wouldn't a catastrophic failure of Populus impact the
entire western grid?
9. Former Rocky Mountain Power employees have informed us that Idaho has a less
restrictive regulatory environment than surounding states. Montana, California and
Oregon are very restrctive and this discourages utility development in their states.
Wyoming and Idaho are easier targets for large construction projects. Have the
necessary steps been taken by our Legislature to ensure that any development by
utilties in our State wil cause the least impact? Can't the Legislature modify
the regulatory environment to bring Idaho in line with neighboring states so that
we aren't always the first choice for new utilty construction?
I firmly believe that each of you has a role in solving these issues and making the
situation better for the next set of landowners that have to deal with constrction of
transmission lines. In Idaho alone, there are at least 5 more new transmission lines
that wil be constrcted using the Populus substation as the base. Two coming in
from Wyoming, two headed west to the coast and one coming down from the wind
far in Bonnevile County. There will be more upset and frstrated landowners
when Rocky Mountain Power and Idaho Power star working on these lines. We, as
landowners, understand the need for power. And to quote Governor Otter's response
to another landowner, we are trng to be team players and look at the greater good,
but the curent situation needs to be corrected. Our questions need to be answered
and if Rocky Mountain Power does not have the answers, we should all be asking
why not.
We have a large group of concerned citizens and we have had numerous meetings to
try and deal with this situation. I can arange for all or par of us to meet with you to
discuss a plan of action. We wil not let this situation end without resolution and we
look forward to working with you.
Sincerely,~~~
Debbie Jensen
cc: attached list
Mailng List for Letters
Governor C.L. "Butch" Otter
Offce of the Governor
PO Box 83720
Boise, il 83720
Paul Kjellander
Idaho Office of Energy Resources
PO Box 8320
Boise, il 83720
Idaho State Legislatue Environment,
Energy & Technology Committee
Members:
Chair- Rep. Dell Raybould
3215 N2000W
Rexburg, il 83440
Vice Chair - Rep RJ Harood
81527 Hwy 3S
St. Mares, il 83861
Rep Mark Snodgrass
1406 N Leslie Way
Meridian, il 83646
Rep George Eskrdge
PO Box 112
Dover, il 83825
Rep Eric Anderson
33 Match Bay Rd
Priest Lake, il 83856
Rep Russ Mathews
2583 Genevieve Way
Idaho Falls, il 83402
Rep Brent Crane
POBox 86
Nampa, il 83653
Rep John Vander Woude
5311 Ridgewood Rd
Nampa, il 83687
Rep Steve Kren
3478 S Windy Ridge Dr.
Nampa, il 83686
Rep Curis Bowers
20169 Hoskins Rd.
Caldwell, il 83607
Rep Elaine Smith
3759 Heron Ave
Pocatello, il 83201
Rep Diana Thomas
260 Westlawn Ave.
Weiser, il 83672
Rep Nicole LeFavour
1210N nth
Boise, il 83702
Rep Wendy Jaquet
POBox 783
Ketchum, il 83340
Rep Jerr Shively
555 S Belln Rd
Idaho Falls, il 83402
LarrGhan
Banock County Commissioner
624 E Center
Pocatello, il 83201
Lin Whitworth
Banock County Commissioner
624 E Center
Pocatello, il 83201
Steve Hadley
Bannock County Commissioner
624 E Center
Pocatello, il 83201
Richard Walgi
President Rocky Mountain Power
PO Box 25308
Salt Lake City, UT 84125
Senator Diane Bilyeu
11076 N Philbin
Pocatello, il 83202
Rep Ken Andrs
6948 E Old Oregon Trail Rd
Lava Hot Springs, il 83246
Rep James D Ruchti
5100 Pinyon Rd
Pocatello, il 83204
Idaho Public Utilities Commission
POBox 83272
Boise, il 83720-0074
Senator Mike Crapo
239 Dirksen Senate Office Building
Washington DC 20510
Senator Lary Craig
520 Har Senate Office Building
Washington DC 20510
Representative Mike Simpson
1339 Longworth
Washington DC 20515