Lots of news coverage this week about public notice meetings in Iowa for the Rock Island Clean Line (RICL). The Preservation of Rural Iowa Alliance has done a fantastic job getting information to landowners so they are prepared for the power company meetings.
One story I came across featured some whiny comments from RICL's attorneys, complaining that the Alliance was making RICL's progress difficult.
One story I came across featured some whiny comments from RICL's attorneys, complaining that the Alliance was making RICL's progress difficult.
"It is clear that the Alliance will seek to make this process unnecessarily burdensome and overly complicated before the board can even make its initial determination on whether the franchise should be granted," the company's lawyers conclude.
Let's take a look at who is making the process "unnecessarily burdensome and overly complicated," shall we?
Each state has a different process for transmission line permitting. In Iowa, a hearing must be held if objections are filed, or when a petition involves the taking of property by eminent domain. The Alliance has helped lots of landowners file objections, therefore a hearing is guaranteed. Also, Iowa law requires informational meetings for landowners before they can be approached by RICL's land agents. But, because RICL will stretch across nearly 400 miles of Iowa, eminent domain will most likely be needed to secure easements. When a company files an application for its project, it must also state whether eminent domain will be sought. If so, the applicant must provide an "Exhibit E" with specific information on each property it expects to take by eminent domain, to include specific ownership, legal description, a map of the property showing buildings, electric lines, and other features, as well as the names of any tenants on the property.
Clean Line can't be bothered to spend this much time and money on each property it wants to acquire, so they have asked the IUB to bifurcate (separate) the franchise process into two separate proceedings. First, Clean Line wants the IUB to determine if its project is needed and serves a public purpose. That way Clean Line can try to keep affected landowners out of that part of the process. Only after that determination has been made would Clean Line bother to spend the money to provide "Exhibit E" information for eminent domain takings. Clean Line also states that an affirmative determination granting it the requested franchise would "put Clean Line in a better position" to spend the money. What they really mean is that it would put them into a better position to threaten landowners and tell them it's a done deal, hoping that would result in less eminent domain takings and less "Exhibit E" material.
Let's take a minute here to talk about Clean Line's "RSVP" for the initial public hearings. I'm not sure why the IUB let them get away with this, but landowner notice of the project and meetings included a superfluous "RSVP" for the meeting, and a "request for information." What kind of information does RICL want? "Exhibit E" info. it would have a hard time gathering on its own, the names of any tenants. This is the same info. it is whining about having to supply in order to apply for eminent domain.
Much to Clean Line's chagrin, however, the Alliance has some very smart attorneys who have filed a motion to resist the motion to bifurcate. First of all, they argue that a motion to bifurcate is premature until the actual application for the franchise is filed because it deprives any potential intervenors of due process to object to the bifurcation. They also note that Clean Line unsuccessfully lobbied for legislation to bifurcate the franchise process in 2011. What Clean Line was unsuccessful at legislatively, they are now trying to acquire through the IUB. They also point out how Clean Line intends to use any potential approval of the franchise before eminent domain proceedings to coerce landowners to voluntarily sign easement agreements.
Now, here's where it gets funny. Clean Line starts to squeal and whine. First, they want to limit the Alliance's participation in the case. I'm sure our friends in Kansas, who were denied due process by having their own participation limited by the KCC, will identify with this tactic:
Each state has a different process for transmission line permitting. In Iowa, a hearing must be held if objections are filed, or when a petition involves the taking of property by eminent domain. The Alliance has helped lots of landowners file objections, therefore a hearing is guaranteed. Also, Iowa law requires informational meetings for landowners before they can be approached by RICL's land agents. But, because RICL will stretch across nearly 400 miles of Iowa, eminent domain will most likely be needed to secure easements. When a company files an application for its project, it must also state whether eminent domain will be sought. If so, the applicant must provide an "Exhibit E" with specific information on each property it expects to take by eminent domain, to include specific ownership, legal description, a map of the property showing buildings, electric lines, and other features, as well as the names of any tenants on the property.
Clean Line can't be bothered to spend this much time and money on each property it wants to acquire, so they have asked the IUB to bifurcate (separate) the franchise process into two separate proceedings. First, Clean Line wants the IUB to determine if its project is needed and serves a public purpose. That way Clean Line can try to keep affected landowners out of that part of the process. Only after that determination has been made would Clean Line bother to spend the money to provide "Exhibit E" information for eminent domain takings. Clean Line also states that an affirmative determination granting it the requested franchise would "put Clean Line in a better position" to spend the money. What they really mean is that it would put them into a better position to threaten landowners and tell them it's a done deal, hoping that would result in less eminent domain takings and less "Exhibit E" material.
Let's take a minute here to talk about Clean Line's "RSVP" for the initial public hearings. I'm not sure why the IUB let them get away with this, but landowner notice of the project and meetings included a superfluous "RSVP" for the meeting, and a "request for information." What kind of information does RICL want? "Exhibit E" info. it would have a hard time gathering on its own, the names of any tenants. This is the same info. it is whining about having to supply in order to apply for eminent domain.
Much to Clean Line's chagrin, however, the Alliance has some very smart attorneys who have filed a motion to resist the motion to bifurcate. First of all, they argue that a motion to bifurcate is premature until the actual application for the franchise is filed because it deprives any potential intervenors of due process to object to the bifurcation. They also note that Clean Line unsuccessfully lobbied for legislation to bifurcate the franchise process in 2011. What Clean Line was unsuccessful at legislatively, they are now trying to acquire through the IUB. They also point out how Clean Line intends to use any potential approval of the franchise before eminent domain proceedings to coerce landowners to voluntarily sign easement agreements.
Now, here's where it gets funny. Clean Line starts to squeal and whine. First, they want to limit the Alliance's participation in the case. I'm sure our friends in Kansas, who were denied due process by having their own participation limited by the KCC, will identify with this tactic:
Clean Line does not object to the Alliance's limited intervention at this stage; however, Clean Line reserves the right to request specific limitations be placed on such participation depending upon the participation of other parties who may have the same interest as the Alliance. Such limitations may include but shall not be limited to prohibiting the Alliance from preparing direct testimony, submitting exhibits or other evidence, or conducting cross examination of witnesses. If the Alliance seeks to "advance the mutual arguments of all its members" as stated in its Petition to Intervene, limiting its participation to briefing legal arguments will satisfy the Alliance's goal.
And then Clean Line starts whining about how it got outsmarted by quoting information it harvested from the Alliance's website:
...the motive of the Alliance is clear: to make sure Clean Line does not build this transmission line. A recent statement
from the Alliance Board President Carolyn Sheridan to the Alliance members concisely details the strategy:
"From the Board President
Think about it: Imagine you're [Rock Island Clean Line ("RICL")] and you have to file all
this information about a parcel of land in a distant location: How much time would it take
you to learn the names and addresses of all persons with an ownership interest in the land?
How much work would it be for you to prepare a map showing the location of all electric
lines and supports within the proposed easement; and the location of and distance to any building w/in 1OOft. of the proposed line? A lot of work. Multiply that by hundreds; and
you have an idea of how important it is to the success of RICL's project that it obtains.
The more parcels upon which RICL has to do all this work, the less likely this project is to
succeed. Every parcel upon which it has to do all this work is one more shovel of dirt on
the grave of this RICL line. Join the opponents of the line. DO NOT sign an easemnts
[sic] with RICL.
Carolyn Sheridan
Board President"
Without bifurcation, it is clear that the Alliance will seek to make this process unnecessarily burdensome and overly complicated before the Board can even make its initial determination on whether the Franchise should be granted.
Umm... so? The Alliance is just using existing laws that were put in place to protect Iowa landowners from out-of-state speculators like Clean Line. If the process is "overly complicated" Clean Line ought to be taking its whining to the Iowa legislature, who made this law.
Clean Line also gives away another one of its strategies: to financially break the Alliance by requiring them to participate in two separate legal processes, hoping they'll run out money and determination somewhere along the way.
I really don't think Clean Line's strategy is working. It's only encouraging landowners to dig in even deeper and resist a voluntary easement. If Clean Line is going to be met with a brick wall in either case, why bother with two different hearings? That doesn't serve administrative efficiency.
And this about sums up Clean Line's little pity party:
Clean Line also gives away another one of its strategies: to financially break the Alliance by requiring them to participate in two separate legal processes, hoping they'll run out money and determination somewhere along the way.
I really don't think Clean Line's strategy is working. It's only encouraging landowners to dig in even deeper and resist a voluntary easement. If Clean Line is going to be met with a brick wall in either case, why bother with two different hearings? That doesn't serve administrative efficiency.
And this about sums up Clean Line's little pity party:
The Alliance seeks to force Clean Line to waste time and resources, and consequently also the time and resources of the IUB, with the hope that Clean Line eventually gives
up on the project.
Well, if Clean Line wants to waste the time and resources of the people of Iowa, Illinois, Kansas, Missouri and Indiana, as well as regulatory boards in all these states, adjudicating and opposing its unneeded, speculative projects, I'd say Dr. Karma is making a long overdue house call to Clean Line headquarters!
Give up, Clean Line. You've been completely outsmarted by the people of Iowa!
See the following newslinks about Clean Line's public meetings in Iowa this week:
Clean Line's Beth Conley tells a BIG LIE in this story:
Landowners Skeptical of Wind Energy Transmission Line
"...other states to the east that have little wind power potential but a strong demand for clean, reliable energy." First of all, we have a better wind power resource 12 miles off the Atlantic coast, and furthermore, we are not "demanding" this project.
Clean Line Opponents Speak Out
Crowds Grow at Clean Line Public Meetings
Proposed Power Line Leaves Farmers Concerned
The faces and snarky comments from the anchor and reporter in this story are worth watching!
Details on Transmission Line Aired Out
Proposed Power Line Project Sparks Controversy in Northeast Iowa
Property owners sound off on Clean Line plan
Give up, Clean Line. You've been completely outsmarted by the people of Iowa!
See the following newslinks about Clean Line's public meetings in Iowa this week:
Clean Line's Beth Conley tells a BIG LIE in this story:
Landowners Skeptical of Wind Energy Transmission Line
"...other states to the east that have little wind power potential but a strong demand for clean, reliable energy." First of all, we have a better wind power resource 12 miles off the Atlantic coast, and furthermore, we are not "demanding" this project.
Clean Line Opponents Speak Out
Crowds Grow at Clean Line Public Meetings
Proposed Power Line Leaves Farmers Concerned
The faces and snarky comments from the anchor and reporter in this story are worth watching!
Details on Transmission Line Aired Out
Proposed Power Line Project Sparks Controversy in Northeast Iowa
Property owners sound off on Clean Line plan
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