MONTANANS HAVE UNANSWERED QUESTIONS ABOUT EMINENT DOMAIN, MONTANA ENERGY POLICY, AND MERCHANT TRANSMISSION LINES

Concerned Citizens Montana has asked our government agencies and elected officials the following basic questions about eminent domain, Montana energy policy, merchant transmission lines, and specifically about NorthWestern Energy's proposed $1 billion Mountain States Transmission Intertie (MSTI). We have not received satisfactory independent and transparent answers and are still working on getting responses to:

EMINENT DOMAIN:

- Why has the Montana legislature used environmental protection provisions of the Major Facility Siting Act to grant eminent domain?

- Why is a private corporation's business more important than a citizen's business – given that under the recently enacted House Bill 198, a corporation can take private land for their own profit?


MONTANA ENERGY POLICY:


- Why are the governor and the state legislature allowing out-of-state and foreign corporations to control Montana energy policy and to gut Montana environmental policy?


- Shouldn't Montana energy policy promote energy efficiency and conservation goals rather than a 1,500 mile long industrial-scale transmission line that has up to a 30% line loss?

- Why does NorthWestern Energy continue to claim MSTI will be a green line when the lion's share of MSTI's energy will be other energy sources such as coal and natural gas?


MSTI ECONOMICS:


- Why do public agencies still consider issuing permits for MSTI when two "Open Seasons" have failed to show any demand, customers, or market for this 500-kV line?


- What is the total cost along MSTI routes in uncompensated economic damages to the region's residents?


- Will the draft EIS fully investigate the possibility of increased electrical rates for Northwestern Energy's ratepayers because of MSTI?

- Who will own MSTI? Will NorthWestern Energy commit to the public that it won't flip its MSTI permit for a profit to a much larger, possibly Canadian, corporation?

- Why is MSTI touted as a boon for jobs in Montana when the MSTI Draft Environmental Impact Statement clearly asserts that MSTI's contributions to Montana jobs would be "insignificant"?


MSTI SITING PROCESS:


- Why route MSTI so as to destroy the region's tourism and recreation industries by putting it near populous communities and along well-traveled scenic corridors?


- Why are the impacts of substations not being considered in the Environmental Impact Statement when MSTI would require a 50-80 acre facility placed adjacent to irrigated agricultural lands and near the Missouri River and the Lewis and Clark National Historic Trail?

- Why won't environmental groups accept and government agencies seriously consider routing MSTI on the available and suitable Section 368 federal energy corridor that lies on public land, a route that was specifically designated at federal taxpayer expense to expedite permitting of lines like MSTI?


Concerned Citizens Montana works to educate Montanans about MSTI and to give Montanans a voice in the MSTI planning process. Your tax deductible contributions made online at our web site or mailed to our postal address below are vital to continuing this work. What are YOUR questions? Email them to us at concernedcitizensmontana@gmail.com or write to us today.

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BACKGROUND INFORMATION LINKS FOR CCM QUESTION AREAS:

EMINENT DOMAIN:

  1. Eminent Domain in Montana: Published by Montana Legislative Environmental Policy Office, 2001.
  2. HB 198 Litigation Update: Montana EQC, 1/2012.
  3. Public Uses and Eminent Domain: Montana EQC, 1/2012.
  4. Eminent Domain in Public Utilities Space: S. Hemple, Georgetown Law, 1/2012.
  5. CCM Amicus Brief for HB 198 Lawsuit, 11/2011.
  6. Landowners' Brief in Support of Motion for Summary Judgment (HB 198 lawsuit): 11/2011.
  7. HB 198 bill text: allowed to lapse into legislation 5/2011.
  8. Kelo in the Country - HB 198 and the Taking of Rural Property: H. Lund, Western Ag Reporter, 2/2011.

MONTANA ENERGY POLICY:

  1. The Power of Efficiency: NW Energy Coalition, 1/2010.
  2. MEPA (Montana Environmental Policy Act) 2011 Legislative Changes: SB 233 allowed to lapse into law, 2011 session.
  3. US Energy Information Administration
    Electricity Analysis & Projections Annual Energy Outlook 2011
    with Projections to 2035.
  4. MSTI is a recycled idea- Montana Standard Article: 8/25/1983.

MSTI ECONOMICS:

  1. Energy and the Montana Economy: L. Swanson, 1/2011.
  2. MSTI Economic Questions: CCM, 1/2012.
  3. NorthWestern Energy's 1/2012 Form 8K filing.
  4. Valuation Guidelines for Properties with Electric Transmission Lines: Appraisal Group One, 6/2011.
  5. The Implications of Transmission Line Tax Rates: The Policy Institute, 2/2010.
  6. WAPA Management Alert - Control and Administration Recovery and Reinvestment Act problems (i.e., Montana-Alberta Tie Line): 11/2011.

MSTI SITING:

  1. Considering Environmental Information in Transmission Siting: Published by the 2011 EEI/NRECA Utility Siting Workshop.
  2. Working draft of MSTI EIS: MSTI DEIS (June 2010 release).
  3. Landowner Alliances for Transmission Corridors: Rocky Mountain Farmers Union, 2011.
  4. Western Energy Coordinating Council Regional Transmission Plan Update: Montana PSC, 11/2011.
  5. Electric Power Research Institute Transmission Line Siting Model: Georgia Transmission Corporation, 2006.
  6. West Wide Energy Corridor Programmatic EIS (section 368 energy corridors): US Forest Service ROD, 2/2009; US BLM ROD, 1/2009.