Just an update.........

There were two editorials in last weeks Post Register that supported our position on the transmission line issue.  Both emphasized the importance of private property rights and scolded the city for their callous actions.  Both articles encouraged the city to move on and find a legal option for Idaho Falls power needs. 

Alliance for Property Rights has had information booths set up at two events.  One set up at  the inter mountain horse pulling association event and the other at the community farmers market.  We will also have our booth this Saturday at the farmers market.  At each event we hand out brochures educating everyone about our group and asking for donations to help us protect property rights.  We have had a great deal of interest and seem to be gathering support. 

We have made efforts to talk with the city leaders.  We would like to see them drop the fruitless appeal and in return we could drop our current brief asking for legal fees.  We have had no response from the city.  Unfortunately the city has backed themselves into a tight corner with few options still available to them.  We will continue to put forth our hand of cooperation with hope that smarter minds will come to the table.

These are some excerpts of a story written by Corey Taule of the Post Register.   To read the full editorial go to the Post Register Sept. 23rd edition.   APR agrees with the content.

To say Idaho Falls' appointed and elected leaders are enduring a rough stretch would be a massive understatement: City Attorney Dale Storer's resignation prompted a criminal investigation; the city got slapped down by a federal judge in a vital court case; a proposed $1.1 million property tax increase died in the face of determined opposition; open meeting laws were violated; and Councilwoman Sharon Parry went toe-to-toe with Storer after he had the temerity to tell her what meetings she could attend.
Clearly, Idaho Falls' scarotic city government hierarchy got too comfortable. These folks have had their way for so long that any opposition comes as a shock to the collective system. Times, however, have changed. Fat, dumb and happy no longer applies. The Great Recession forced everyone to embrace lean and mean. Idaho Falls' city government is just now beginning to understand it can't party like it's 1999. Unfortunately, it took a wave of bad news that washed out Storer and is threatening to remove some of his most fervent apologists in next year's election.
But, we would say this to our city leaders: All is not lost. Time remains to regain the confidence of your constituents, if only you will consider the following:

City leaders need to explain why they were so confident in the legal advice offered in the North Loop Power Line case. The summary judgment striking down the city's plans was both rare and an indictment of the city's efforts. Do we have any options moving forward other than an expensive and potentially fruitless appeal?

Finally, Fuhriman needs to keep the promise he made in 2005, to allow citizens to dig into the budget and offer recommendations. Why say it if you don't mean it?
We understand good things are happening in the city. Our parks, zoo and golf courses are tremendous. The Memorial Drive project, once completed, should be wonderful. The garbage gets picked up and the lights always come on. A city leadership team that walks in lockstep can get things done. But there's another side to that. Leaders on autopilot can become complacent and tone deaf.
Times have changed. The citizens of Idaho Falls have woken up and they aren't going back to sleep. That leaves Idaho Falls' elected and appointed leadership with a choice: Either change, or be changed.

Corey Taule asked the city to ‘Give it to us straight’ concerning the north loop project.  The Alliance for Property Rights is delighted to provide the truth of the issue.    Mr. Taule implied land owners were being stubborn.  Taking necessary actions to protect property from an illegal threat imposed by a government entity does not qualify as “Stubborn”.   It simply corrects the misnomer that city government is above the law.   The work of the Alliance protected not only our rights but the rights of all residents of this community and great State.    APR‘s actions in no way disrespect the need for power in the future.  APR simply brings to the attention of the City officials that other legal routes must be investigated for the purpose of distributing power to the citizens of this community.

 Judge Winmill issued an indisputable Summary Judgment enforcing the Idaho constitution wherein the legislature of the State of Idaho has not granted municipalities the authority to condemn property outside of the City service area for power transmission lines.  To do so would allow any municipality the right to condemn property anywhere outside of a municipality’s jurisdiction which would be, to say the least, an abusive power to allow. 

 APR made numerous attempts to avoid legal action with the City; however the City was poised to violate the law which left the Alliance with little choice in the matter other than to defend the constitutional rights granted to citizens of this community and the State of Idaho.

Yes,  Mr. Taule, it is time for the city to explain why power distribution cannot be accomplished legally within the city limits of Idaho Falls.  Will the City administration now investigate other less costly and more beneficial power options to satisfy electrical needs for the residents of the City of Idaho Falls?  Will the use of intimidation and the vain pursuit of the proposed North Loop project cease?   Will the insanity of spending tax payer’s money foolishly on a route that is not available stop?  

 Remind your city leaders to be fiscally responsible with public tax dollars and find an alternate and legal solution for power transmission.   There are other options available, elected leaders should direct the manager of Idaho Falls power to find these legal and more cost effective alternatives. 

For further information and insight regarding the Alliance for Property Rights and Fiscal Responsibility go to; allianceforpropertyrights.blogspot.com.    You will be enlightened.

Corey Taule, writer for the post register, wrote an editorial on September 16th concerning the north loop project.    His information was misleading and seemed biased.   Let me correct some of the statements that Mr. Taule made. 

• The case was actually ruled on in Federal Court not district court as Taule wrote.  The city requested the case be heard in Federal Court because they were afraid of a local hearing.
• The 18 mile loop was conceived in 1973 not in 2007 as Mr. Taule incorrectly states.  The 2007 study only rubber stamped the study that was done nearly four decades ago.  The city is using old data and has refused to find a legal way to construct the line.
• Taule seems hopeful that a liberal 9th district court of appeals will side with the city.  Do we really want the liberal 9th circuit dictating policy for Idaho Falls.  Many at the post register are of that mind set but most Idaho natives are not.  An appeal by the city will be more money wasted.  The decision was a summary judgement based on the law. 
• There are only two substations in the equation, the third has not yet been built
• The city can remedy its power problems with internal transmission.  Mr. Taule has done no research to understand that. 
• Mr. Taule states that "no matter what the courts decide and no matter how stubborn west side property owners are" the line should be built.  I am sorry Mr. Taule, we live by the rule of law.  If it is illegal to condemn property to build the line and if there are no willing sellers the city will need to find a legal solution.   

It is time for the city of Idaho Falls to accept the consequences of their illegal actions.  Find another alternative that is legal and justifiable. 

The mismanagement of the so called North Loop project is a large example of the chaos that is happening within Idaho Falls city government.  We have seen recently  that Idaho Falls is having serious budget problems due to overspending and foolish projects.  The automatic solution of the city council is to raise taxes.  Fortunately there was an immediate outcry by Idaho Falls citizens which stopped talk of raising taxes for the moment.  Then we also learn that council members are developing strategy behind closed doors, blatantly defying open meeting laws.  Now we have also been advised that the long time city legal representative has resigned.  This chaos must end.

The north loop project was the result of a 1973 study by a Boise consulting firm that has never been seriously updated.  There are other ways to accomplish the needed transfer of power from the South sub-station to the sugar mill station.  Additional load could be added to the existing south loop, internal transmission is a option, a new line could be brought in from the west sub-station enlarged for the Ariva project.  There are many other options, unfortunately the Idaho Falls electrical division has been focused on an outdated recommendation and has not looked for other alternatives.  Now it is time to look. 

It is shameful that Idaho Falls has spent so much money in preparation for a transmission line which may not be built.  They have even gone to the extent of purchasing a home on the corner of 35th west and 33rd north.  This home now must be razed per the contract with the home owner.  What a terrible loss of money to taxpayers if the transmission line does not go through.  Remember, a federal judge just ruled that the city may not build this line without willing sellers.  The city will not get willing sellers for the remainder of the route.

Enough is enough, it is time for Idaho Falls to get control of this chaos.  Call your city leaders and advise them that they must become more responsible and return Idaho Falls to the friendly and prosperous city it once was. If they will not do that, it will be time for a change of leaders. 

The decision is in and APR has won a landmark case protecting property rights.  Today the decision of Judge Winmill regarding the summary judgement asked for by The Alliance for Property Rights was made and filed.  Federal Court Judge Winmill awarded the decision to APR and all members of the alliance.  This decision says that the city of Idaho Falls cannot go outside of it's impact area to condemn property.   The Judge reasoned that it would not be right to place the burden of a transmission line upon the backs of residents who will not receive any benefit from the line. 

We are not surprised by this decision.  We believed from the beginning that the city of Idaho Falls was going beyond it's legal authority as it threatened to condemn our property.  Let this be a message to all that the justice system does work and we, as private property owners, are still protected from government taking. 

We are hopeful now that the city will choose one of the other available alternatives to satisfy it power demands.  Unfortunately there has been a tremendous amount of money spent on this case and now it is clear that those costs will be passed onto the city tax payers and rate payers.  We, at APR, warned the city leaders about this consequence.  Now, at a time when the city is already having budget problems, this unnecessary expense will further raise our taxes.

Please support our cause by contacting us at;  protect.property.rights@gmail.com

We all continue to wait for a decision from Judge Winmill.  While we wait let us all reflect.
Yesterday evening, at the Idaho Falls city council meeting, the budget was discussed.  It appears that Idaho Falls is having some budget overruns and it is clear that cuts to some services or additional tax and rate increases will be needed.  One year ago an Idaho Falls attorney asked Mike Lehto in a city council meeting, how they would pay for the additional expense of a law suite to fight the challenge from APR on the north loop.  Councilman Lehto replied that he would get back to him with that answer.  That answer never came and we are now past all the legal arguments and the hearing.  Both sides have spent tens of thousands of dollars fighting an issue which stems from a city government overstepping their legal authority.  Callously trampling the property rights of citizens who have nothing to gain from their loss of property.  These city leaders on our city council who have been arrogantly supporting this loop without considering the consequences should and will be replaced when rate payers and tax payers of the city realize the unnecessary loss of money. 

Judge Winmill heard both sides argue their points this morning regarding the proposed power loop. The Alliance for Property Rights had 41 people attend the hearing filling our side of the court room. It seemed that the Judge had a difficult time with the points the city was making and accepted our position well.   Judge Winmill at one point told the city that it did not make sense to burden property owners outside of city limits with this transmission line. 

 

The hearing seemed to go very well and we look forward to the decision this week.

--
Alliance for Property Rights

It is interesting that Idaho Falls Power has not gone to the county for a Use Permit.  The construction of transmission lines are allowed in a A1 zone but a permit is required before beginning construction.  It will be difficult for the city to satisfy all the points required for the permit if they do not have property acquired.  The city has been unethical during this entire process and now again attempting to trick land owners into giving an easement before they even have the permits necessary.  While knowing that they cannot even get the permits unless they have the property, what a scam.   All of this is happening with the blessings and knowledge of our elected officials.  It is time for a change!!

I received some startling information from an agricultural pilot yesterday regarding transmission lines.  In a study reviewing data for the past five years nation wide it was shown that large transmission lines, cell towers and wind towers account for 18% of all aerial applicator accidents and 32 % of all fatalities.  This pilot along with other ag pilots are very concerned about the proposed north loop route. 

The north loop was poorly conceived with no understanding of the impact it would have on a large farm area.  The Osgood and New Sweden farm communities are among the best farming areas in the state.  We have abundant water and deep rich soil.  The money generated from these farms circulates through Idaho Falls over and over again making a great impact on the local economy.  If this line goes through this farm area it will have significant negative consequences. 

Help us convince Idaho Falls to find a better route and option for their power needs.  Call your city council members to voice your opinion now.

Press Release
The city of Idaho Falls agreed to the conditions of the TROin Federal court allowing the Alliance for Property Rights to withdraw their motion.
Judge B. Lynn Windmill advises both parties in the case toshow prudence for the courts time and expense.
Idaho Falls, ID April 20th,2012:    The Alliance for Property Rights appeared inFederal Court today requesting a temporary restraining order be placed on thecity of Idaho Falls in regards to the proposed North Loop project.  At the beginning of the hearing the cityagreed to the conditions requested allowing APR to withdraw the motion.  Judge Windmill expressed regret that theissue was not resolved before taking the courts time.  A date will now be set to consider the extraterritorialauthority of a city to condemn property outside of their service area.  This hearing is expected to begin within 60days.

APR hoped to avoid today’s hearing by asking the city toshow in writing that no condemnation would begin before a judge’s ruling on thequestion of condemnation authority. However the city would not make that guarantee until today incourt. 






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Bryon L Reed

Apr 20 (2 days ago)







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---------- Forwarded message ----------
From: Bryon L Reed <bryonreed@gmail.com>
Date: Fri, Apr 20, 2012 at 5:16 PM
Subject: Proposed North Loop project is delayed
To: newsdesk@localnews8.com, newsroom@kpvi.com

Press Release

The city of Idaho Falls agreed to the conditions of the TROin Federal court allowing the Alliance for Property Rights to withdraw their motion.
Judge B. Lynn Windmill advises both parties in the case toshow prudence for the courts time and expense.
Idaho Falls, ID April 20th,2012:    The Alliance for Property Rights appeared inFederal Court today requesting a temporary restraining order be placed on thecity of Idaho Falls in regards to the proposed North Loop project.  At the beginning of the hearing the cityagreed to the conditions requested allowing APR to withdraw the motion.  Judge Windmill expressed regret that theissue was not resolved before taking the courts time.  A date will now be set to consider the extraterritorialauthority of a city to condemn property outside of their service area.  This hearing is expected to begin within 60days.

APR hoped to avoid today’s hearing by asking the city toshow in writing that no condemnation would begin before a judge’s ruling on thequestion of condemnation authority. However the city would not make that guarantee until today incourt. 

The hearing scheduled for Friday April 20th will begin at 2 pm.  There was a time change due to a scheduling conflict. 

Press Release

Idaho Falls City Counsel accepts contract for north loop despite the pending federal court hearing.

 Actions of the Idaho Falls city council would cost rate payers or taxpayers thousands of dollars if Judge Windmill rules against the proposed route.

Idaho Falls, ID  April 14^th 2012:  In a meeting held on April 11^th   the Idaho Falls city council accepted a contract for the proposed north loop project after which Mike Lehto accepted praises from his colleges for a job well done.  Surprisingly, there was no mention or information regarding the pending federal court hearing which will begin to decide the legality of the ill route.  This mistake could hurt ratepayers of Idaho Falls power.

The Alliance for Property Rights and Fiscal Responsibility or APR previously filed motion in state court requesting a temporary restraining order be placed on Idaho Falls Power until the court is able to make a declaratory judgment regarding the extraterritorial rights a city would have to condemn property outside of its jurisdiction.  No Idaho city has ever taken this hostile action.   This hearing is scheduled for 2 pm on the 20^th of April.  The case will be held at the federal court building in Pocatello due to a request by the city moving the action from state court to federal court.   If APR prevails in this case or the future declaratory judgment it would make the actions of Idaho Falls moot and could result in a significant loss of money foolishly spent on a project that would not be able to proceed.  Idaho Falls and elected officials should be held accountable for the deliberate conduct they have demonstrated against private property owners living in Bonneville County. 

A court time has been scheduled.   April 20th in the Federal court house in Pocatello at 3:30 pm we will be before Judge Windmill.  We will finally get our opportunity to present the relevant facts of the law regarding property rights in the state of Idaho.

Issues leading up to March 29th, 2012

The city of Idaho Falls issued a statement to the Post Register indicating Judge Schindurling refused to grant a restraining order sought by APR.  That statement was not true.  To clarify we have issued the following statement from our legal counsel:

'Judge Schindurling did not refuse to grant the TRO, he concluded that he had a conflict of interest that would prevent him from deciding the case.  Judge Schindurling referred the case to Senior Judge Richard St. Clair, and entered an order on March 9 requiring the City to appear before Judge St. Clair on March 26 to show cause why a preliminary injunction should not be entered against the City.  The Alliance discontinued its pursuit of an immediate temporary restraining order because the City agreed to not take any action against the Plaintiffs’ properties until after Judge St. Clair could make a decision on a preliminary injunction.  On March 22, a few days before Judge St. Clair could hold the “show cause” hearing, the City requested the federal district court to take over the case.'

The city asked that the issue be moved to federal court because they believe it is a federal issue.  We disagree with that opinion instead believing this is and will remain a state issue.  However, we did not object to the request and the case will now be in federal court under the jurisdiction of Judge Windmill.  It simply appears the city wanted the case moved in an attempt to avoid the bad press they will receive through the trial process. 

We at APR continue to be concerned for the rate payers of Idaho Falls power.  This case could result in a substantial financial burden to the city which in turn will be passed onto the ratepayers.  We are hopeful that the city will look to other options that are available.

PRESS RELEASE

MARCH 12, 2012

ALLIANCE FOR PROPERTY RIGHTS AND FISCAL RESPONSIBILITY

On March 8, 2012, attorneys representing the Alliance for Property Rights and Fiscal Responsibility (APR) met with Judge Schindurling (District Court of the Seventh Judicial District of the State of Idaho in and for the County of Bonneville) to file an Application for a Temporary Restraining Order .  The APR is challenging Idaho Falls Power (IFP) and the City of Idaho Falls in their determination to take control of land outside of their jurisdiction and condemn a right of way for the construction of a 161kv transmission line.  As a result of this meeting, Judge Schindurling has ordered the City of Idaho Falls to appear on March 26 to show cause why it has authority to proceed with a condemnation of county property, and if any such authority exists. 

This legal action was determined to be necessary by APR to protect property rights not only of those who would be affected by the proposed North Loop Transmission Line, but also to provide Bonneville County residents the ability to safeguard their homes and farms from the threat of condemnation by the City of Idaho Falls.   The Alliance has tried to cooperate with Idaho Falls Power in providing ideas of alternate routes so that city resident’s power needs can be met.  These alternate routes have been dismissed by HDR, the engineering firm hired by the City to work on the project. 

The North Loop Project has created an ongoing conflict between Idaho Falls Power and landowners along the proposed route.  Recently, property owners were advised by IFP that if they did not agree with the purchase agreements proposed by the City by March 9, 2012, they would consider the negotiations to be at an impasse.  This suggestion of eminent domain and condemnation resulted in the recent court filings.

For further information about protecting your private property or if you would like more details of the impending court actions, please contact the Alliance for Property Rights and Fiscal Responsibility at protect.property.rights@gmail.com.

Eminent Domain Abuse

The power of a quasi government institution to take property has implications that go far beyond the issue of the Idaho Falls north loop.  We have a constitutional right to acquire, hold and protect private property.  Idaho Falls is exercising ABUSE to the eminent domain laws.   The city leaders of Idaho Falls have been dishonest in their dealings with land owners.  It is time for the truth to be told.

Letter to the Mayor

This is a copy of our last email update.  It is clear that we have worked hard to be good neighbors to the city and help them find a solution to reliable power for their needs.  Unfortunately their focus has been only on the loop design which was conceived in 1973.  They have never tried to find another solution, they have only built a case to support using the county for their transmission and distribution lines.

APR Group,

We had standing room only on Monday night as we met with Shawn Weingarner and Bear Prairie.  I am glad that we had such a good show of strength and support.  I believe the meeting was somewhat productive in a few ways.  First, we demonstrated how well prepared and supported we are and that we would not splinter in our resolve to keep our property.  The questions that you all asked and the points you made were very good.  Next, we were able to get a working dialog with the second in command at Idaho Falls Power.  Bear Prairie seemed much better to work with than Ms. Flowers and he promised to get some needed information back to us.  Also we were able to learn that Idaho Falls has not been able to purchase any property along the west side of the route and in fact they have been met with strong resistance that they are unsure how to deal with.  Perhaps one of the last things we learned is that Idaho Falls is not considering any other options and we are nearing the point where we will need to file an injunction to stop work.

At the conclusion of the meeting we passed a motion by majority vote that directs us to hire a electrical engineer to find some answers on cost and design of other routing options.  It seemed that the best option that came to the table on Monday night is to follow the freeway north to the intersection with Hyway 20, (John Holes Bridge) at that point it would come very near their existing 44kv transmission line.  They could then upgrade that 44kv line to carry both the 161 and the 44 to the sugar mill sub station.  It would also be a short distance from there to go north to the proposed sub station that is on the east side of the river.  From Hyway 20, city home density is much less and there is area to give them right of way for the larger 161 line.  We will work hard this month to find the information that we need. 

We have written a letter to Mayor Fuhriman with our thoughts from the meeting and what we need at this point.  The copy of the letter is as follows;

Mayor Jared Fuhriman,


I am writing in behalf of the Alliance for Property Rights and Fiscal Responsibility.  As you know we are an association formed by various citizens of the community who are concerned by the current route chosen for the North Loop project.  We had the opportunity to meet last night with Ms. Shawn Weingarner and Mr. Bear Prairie.  We had over one hundred people in attendance and spent nearly one and one half hours discussing the concerns and questions we have with the current proposal.  I felt like it was somewhat productive and we appreciate the time of your employees.  There were some items that came out of the discussion that I wanted to bring to your attention.


It seems that Idaho Falls and our Alliance are both at somewhat of an impasse.  The Alliance has the full support of all affected land owners on the west side of the river and I am confident that you will not be able to acquire any property easements or purchases from those landowners on a willing seller basis.  The Alliance was told last night that the minds of Idaho Falls power are also made up and that there will not be any changes unless the Alliance can bring another viable route option.   We both know that litigation will be long and costly and that if the city is denied the right to condemn it could have negative consequences for years to come when the city is again in a growth stage of development.  If the Alliance loses this court battle land owners affected will lose millions of dollars in future land value.  The stakes are high for us both.


Ms. Weingarner told us last night that she agreed to meet with us with the hope that we had another good route option.  It is difficult to understand why finding a better route is not the responsibility of Idaho Falls.  It is our firm belief that Idaho Falls power has overlooked other viable options due to the singular objective of an outer loop which was envisioned nearly forty years ago.    In a desire to be a working partner we are in the process of finding that other good option that will satisfy both of our needs. It will obviously take more time to accomplish that goal.  Last night's discussion has helped us understand the needs and criteria of the city and we believe that we have one or two options that will meet both.  One of the options has not been discussed and when we have better data we would like to have the opportunity to present what we find. 


Mr. Mayor, we need you to give us the time necessary to complete our study.  We will not drag this out and hope to have an answer in a very short period.  When our questions are satisfied we will all have a better idea of our options.  This short delay could turn out to be a time saver for you in the long run and prevent a monumental mistake.  When we last met, Mr. Lehto made the comment that he did not want to get down the road and have an 'ah ha' moment, a time when we all realize that there was a better answer.  We will attempt to have these other route options seriously studied so that we all can be sure that we have not missed that better answer.


If you have any questions or needs from us please do not hesitate to ask.   A response to our needs and your thoughts and ideas are respectfully requested. 


Sincerely,


APR

We are very disapointed that the Mayor did not respond to our open letter.


This letter will also be sent to Mike Lehto.  I would like to also mention a great letter that was in the paper this morning from Rita Carlson.  The letter was very well done and makes some great points.   We need to continue to work for the understanding and sympathy of the community, these letters help accomplish that need.  Please continue to write letters that explain our points.  If any of you have ideas or see any immediate needs please call.  If we see any work begin or know of any property that is purchased we will need to file an injunction at that point so let us know if you see that happening.

Thanks for the help,

Liberty

Property Rights are one of the fundamental building blocks of our great country.  Without the right to own property there can be no true liberty.  If the City of Idaho Falls and Idaho Falls Power attempt to use eminent domain to strip tax-paying property owners of their land and possessions in order to build an unnecessary and redundant power line, (with other routing options available to them), we can no longer trust that the governed possess true liberty.  I would be forced to conclude that government has taken the right of liberty as its own possession, only to be granted to individuals in the event that it does not impede the selfish desires of government.

The role of government is to secure liberty.  With regards to the North Loop Project the City of Idaho Falls and IFP are threatening to destroy liberty, not secure it.  Before it became “life, liberty, and the pursuit of happiness” John Locke wrote that man has a right to “life, liberty, and property.”  Our constitution twice lists “life, liberty, and property” without making any distinction between the three. 

I understand the importance of eminent domain.  But there is no way the city of Idaho Falls should have any right to the property of another for the sake of the North Loop project.  The electricity needs of Idaho Falls can be met without trampling the liberties of its rural neighbors.

Can I drive across my neighbor’s lawn because it would save me time and money on my way to work?  Then why should the city and IFP, which has no rights but those given to it by the governed, trample and destroy our land in order to save themselves a little bit of time and expense?

  

Post Register Ad - Response to Idaho Falls Power Newsletter

Below is the ad that was placed with the Post Register in response to the 'Current Connections' newsletter that Idaho Falls Power sent out with their bills.  I modified it slightly to fit the format of this website, and also added a few thoughts of my own to the letter.  My additions are written in blue.

Attention Idaho Falls Power Customers

You recently received the “Current Connections” newsletter with your power bill which contained many false statements concerning the North Loop Project.

Please read the true facts below                 

What Idaho Falls Power told you:                                                                                                      

Electricity use has increased 400 percent in the past 40 years, pushing IFP’s electrical transmission system throughout the core of the city to the brink of capacity.  This puts customers at risk for extended outages.

What the researched truth is concerning the project:

The city claims that there will be extended outages without the North Loop project; however, there have not been any extended outages of your power with the current system.  It would be a redundant line that was deemed necessary by a flawed study done in the early 1970’s that incorrectly predicted the future growth west of town.  Also, there are many ways to increase the electric capacity of the city without building an invasive and expensive loop around the whole city.  No other city in Idaho uses a massive loop to provide electricity to its citizens.  Increasing capacity is necessary, the North Loop is not.

What Idaho Falls Power told you:                                                                                                      

Burying the line would cost five to 10 times as much as installing it overhead.

What the researched truth is concerning the project:

Burying the line is more expensive, but the entire loop would not need to be buried and the distance of the loop could be dramatically shortened.  If proceeding with this project responsibly means that it would cost 5 to 10 times more than current projections, perhaps IFP should think of more responsible ways to achieve their goals.  They are trying to buy a Mercedes for the price of a Hyundai.

What Idaho Falls Power told you:                                                                                                      

The state prohibits utility structures along the interstates unless there is no other alternative.  Additionally, restricted air space around the airport prevents IFP from reaching one of three key destination points.  This route would also require larger structures, driving up the cost.

What the researched truth is concerning the project:

The State Highway Department states that power lines are allowed adjacent  to the interstate right-of-way.  The short portion along the north end of the runway could be buried.

What Idaho Falls Power told you:                                                                                                      

The project team has worked to limit impact (on agricultural operations) by paralleling existing corridors as opposed to cutting through fields and disturbing pivots. 

What the researched truth is concerning the project:

Spray planes would not be able to operate around the power lines, disrupting farming operations.  IFP is planning on taking possession of a potato cellar along the side of the road to be razed at a later date.  How does this not disrupt a farming operation?

What Idaho Falls Power told you:                                                                                                      

No study has ever found that exposure to stray voltage causes health problems in humans.  IFP will follow Idaho Public Utilities Commission rules governing complaint investigation.

What the researched truth is concerning the project:

 Dr. Dave Carpenter, NY University Dean states 30% of childhood cancer comes from EMF’s produced by transmission lines.  EPA warns “There is a real concern” and advises prudent avoidance.  emf.mercola.com/sites/emf/emf-dangers.aspx.   IFP is not considered a “Public Utility” and is not bound by PUC regulations.  "No study has ever found that (fill in the blank) causes health problems."  This line has been used too often about things that have later been proven to be very harmful.  This IS cause for concern and our kids deserve better.  

What Idaho Falls Power told you:                                                                                                      

Transmission is not jurisdiction specific.  Most of the power for residents of Bonneville County comes from outside the state on transmission lines crossing state and county lines to deliver power. 

What the researched truth is concerning the project:

IFP produces less than 30% of the power they transmit to you.  The balance is purchased from other sources.  The obvious difference is that rural Bonneville County residents are being served by the utility that places poles near our homes.

What Idaho Falls Power told you:                                                                                                      

A few trees will likely be removed, but most will only need to be trimmed.  No structures are required to be removed with the current design and alignment.

What the researched truth is concerning the project:

IFP will remove dozens and dozens of trees including mature Blue Spruce trees and American Elm trees 65 years old.  One man was told by IFP that he would either need to leave his home or sign a waiver of liability to live there.  One family has farmed the same parcel of land for 100 years and will now have the power pole easement within four feet of their front door!  This statement by IFP is a flat out lie.  "Anyone who doesn't take truth seriously in small matters cannot be trusted in large ones either." -Albert Einstein

What Idaho Falls Power told you:                                                                                                      

Idaho Falls residents are Bonneville County residents.  IFP’s reliable, low-cost electricity helps fuel the local economy and affects the services that all residents receive from businesses throughout the city.

What the researched truth is concerning the project:

The Bonneville County residents who will have their property condemned for the project will not be able to receive power from the line.  All rural Bonneville County residents that live along the proposed loop will experience a significant drop in their property value, which in turn affects the local economy. Also, while IFP helps fuel the economy, it is agriculture that is the engine driving our local economy.  The North Loop project will negatively affect the agricultural lands it intersects.

What Idaho Falls Power told you:                                                                                                      

There will be no rate increase associated with the North Loop; the project will be funded with capital improvement funds the utility has been responsibly setting aside for years.

What the researched truth is concerning the project:

The Idaho Falls rate payers must have been paying too much for years for IFP to have put aside enough money for this project.  Because IFP is not regulated by the PUC, they are able to raise your rates without following PUC regulations such as having public hearings.  Because IFP is a consumer-owned utility, you should have a say on how your money is spent.  IFP recently raised rates.  Perhaps if they had not been setting aside a significant amount of money for an unnecessary project they would not have had to raise rates.

                             

protect.property.rights@gmail.com

IFP Newsletter, Other Thoughts

There were a couple of other statements that came out of the IFP newsletter that I wanted to address.

Idaho Falls Power states:

"IFP is using an acquisition process that invokes fairness to property owners while managing justifiable expenditure of rate payer money."

I find that this statement is an admission by IFP that paying full market value for our property is NOT a justifiable expenditure of rate payer money.  They admit that the offers reflect a balancing of both paying for acquired land and not spending more than their rate payers would want them to spend.  They know that they will eventually be forced by the courts to pay fair market value for our land.  Their hope is that by intimidating and coercing land owners they will get away with paying a fraction of the true cost of the land. 

Idaho Falls Power also states:

"Investigation into route options on the west has not produced a less expensive option (costs range from 120 percent to 350 percent more)."

In other words, "investigation into route options on the west has not produced an option that we can afford, so we are going to trample the rights of county residents (who don't get to vote for city leaders) in order to get what we want."

City Officials know that if they tried to cram this eyesore down the throats of city residents they would all be voted out of office.  IFP knows that if they tried to build transmission lines through the private property of city rate payers they would be met with too much resistance.