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Report from Rich Marshall on the CA Public Utilities Commission meeting 10-16-13

KBRA or KHSA, Klamath River & Dams, Over-regulations, PacifiCorp, State gov

CPUC meeting report from Rich Marshall – Redding, CA 10-16-13

The meeting took place with all commissioners present at the City Hall chambers in Redding.  We had a number of people who came down to speak including myself, Supervisor Valenzuela, Bob Rice, John Menke, Dean (Yreka Tea Party)  Mr and Mrs _________________  from POW and Tea Party, and several others.  Tom Pease videotaped the entire meeting.

Supervisor Ed Valenzuela gave a good presentation from the County basically asking the question  of the basis on which the Commission is charging the surcharge and pointing out the sub- standard economic condition of Siskiyou County.

Bob Rice recounted the nearly 25% increase in electric rates for the College of the Siskiyous, the Measure G initiative and the issues  concerning the KBRA and the KHSA documents.

I covered the issue concerning the lack of scientific integrity, the inability of the KBRA to meet the schedule dates set out in the KHSA, the benefits accruing to PacifCorp (accelerated depreciation, surcharge trusts, and the continual raising of electric rates on a region that has rejected the dam removal as a legitimate process.

I pointed out how the NGO’s have muddied the process in their attempt to raid the treasury and were fighting amongst themselves over the proceeds.  The Salmon run today is the highest ever and is continuing and is a direct result of the Pacific Decadal Process which demonstrably affects the volume of Salmon entering the rivers.

 I also concentrated on the issue of the CPUC authorizing the surcharge in spite of the advice of its own Ratepayer Advocate Process and that it was doing so without the support of the documents. Congress has not and won’t approve funding and the State of California has been unable to pass a bond issue required for its share of the cost to remove the dams.

The other speakers basically were pointing out the burden on people with low salaries and fixed incomes and the surcharges overburdening nature and against the desire of the people.

The Commission did not question anyone as they were just listening to the issues we raised.  They did appear to be taking voluminous notes of what was said. In particular two of the Commissioners seemed very interested in our presentations.  I think that they must be somewhat worried about  the fact that the surcharge is so far out in front of the effective date of the KHSA and KBRA agreements,  with no clear indication of when if ever the DOI will sign off on  the agreements.

Richard Marshall

President Siskiyou Co Water Users Assoc.

PO Box 187

Fort Jones, CA 96032

Phone 530-468-4204

 

 

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Video from CA Public Utilities Commission meeting 10-16-13

KBRA or KHSA, Over-regulations, PacifiCorp, State gov, youtube videos

  From Kevin G from “What Would Jefferson Do?”

This video that was captured in Redding last week during a California Public Utilities Commission meeting. Hat-tip to Tom Pease and John Menke for respectively covering and delivering the video for today’s production of the 65.2-minute presentation:

 http://www.youtube.com/watch?v=4eyxe0Olt3c

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A second PacificCorp surcharge on its customers is approved

KBRA or KHSA, Klamath River & Dams, PacifiCorp

PNP comment: Apparently the first and now second surcharge on our electrical Pacific Power bills is “legal”, but unethical. I claim it should be illegal as well. Biggest reason: The issue of the Klamath dams coming out is on hold in Congress and at the California State level. Also the threat of BIASED science being used to promote dam removal has been exposed. — Editor Liz Bowen

http://www.ridgecrestca.com/article/20121101/NEWS/121109967

PacifiCorp surcharge increase approved

by John Bowman, The Daily Independent, Ridgecrest, Calif, 11/1/12

The California Public Utilities Commission (PUC) on Oct. 25 ruled in favor of PacifiCorp’s request to increase the rate at which they collect Klamath River dam removal surcharges from their customers.

PacifiCorp began applying the first surcharge to customer bills on Jan. 10. The original surcharge was two percent of a customer’s monthly bill and equals about $1.61 per residential customer on average, according to PacifiCorp.

On Jan. 13, PacifiCorp filed a petition to increase the surcharge. They calculate the average increase will be an additional twenty-one cents per residential customer, raising the total to an average of $1.82. PacifiCorp spokesman Bob Gravely said the company began applying the increase to customers’ bills on Monday.

The surcharge is intended to fund PacifiCorp’s share of the cost of dam removal under the Klamath Hydroelectric Settlement Agreement (KHSA). According to the agreement, dam removal is scheduled to begin in 2020 but is contingent upon the passage of legislation by Congress to authorize the agreement.

PacifiCorp told the PUC that, due to a delay in the initiation of the original surcharge, the collection of funds was behind schedule and would therefore need to be increased to make up for lost time.

On July 20, Siskiyou County filed a brief with the PUC objecting to the increase in surcharge collection. One major objection offered by the county is based on their belief that congressional passage of necessary legislation is becoming less likely over time, therefore making dam removal less likely and undermining the necessity for the surcharge collection.

“With the Secretary [of the Interior] putting off his determination and the flaws that we’ve seen in the actual underlying scientific work that’s been done, the justification for this fee appears even more shaky than it was,” said Siskiyou County Counsel Tom Guarino after filing the brief.

The county’s brief also offered two other objections to the increase. They alleged, on one hand, that the delay in surcharge collection made it unlikely that PacifiCorp could meet the timeline established by the KHSA stating, “modifying the amortization period will not result in collection of the funds in the amount and under the timelines established by the KHSA.” They simultaneously alleged that increases in demand for power between now and 2020 could result in over collection of dam removal surcharge funds.

According to Gravely, “The company will monitor the surcharge amounts over the next seven years to ensure collections don’t exceed the targeted $13.76 million. We would revise the rate downward if that happens to ensure we don’t exceed the cap.”

Regarding the possibility of surcharge collection not adhering to the KHSA timeline, Gravely said, “There is no automatic trigger that terminates the KHSA if collections are off by a couple of months. The agreement is flexible enough to allow for small variations in timing.”

The congressional legislation to authorize the dam removal agreements and give Secretary of Interior Ken Salazar the power to make the final determination on dam removal was introduced in November 2011 but has since stalled.

Siskiyou County Board of Supervisors Chair Grace Bennett responded to the PUC decision Tuesday telling the Daily News, “I’m very disappointed in the decision. I think it’s just terrible that they ignore the people here locally and all the information and objections we’ve submitted. They just don’t listen to us here locally where it will have the biggest impact.”

In a non-binding 2010 local ballot measure, 79 percent of Siskiyou County voters opposed the removal of the dams.

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In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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News in Jefferson Country 7-18-12

CA. Congressman Tom McClintock, Congress - Senate, Jefferson News Service, Klamath River & Dams, KSYC radio, PacifiCorp

July 18, 2012

Listen LIVE !

http://www.ksyc1039.com/live

McClintock objects to PacifiCorp’s accelerated surcharge

News in Jefferson Country from Pie N Politics.com editor Liz Bowen: U.S. Congressman Tom McClintock, from California’s fourth district, is going to bat for citizens in Siskiyou County.

Yesterday, McClintock sent a letter to the California Public Utilities Commission objecting to an accelerated collection of thirteen million dollars for Klamath dam removal. Pacific Corp has asked for a second surcharge to be placed on its customers for dam removal. The first surcharge is already in place on local power bills in Siskiyou County.

Congressman McClintock actually claims demolition of the four Klamath Dams is not a done deal.

One of the requirements of the Klamath Hydro-Electric Settlement Agreement is approval of federal legislation with funding. That legislation is stuck in the Water and Power Subcommittee and, hum,  Congressman McClintock is chairman of that committee.

Accordingly, McClintock said that many Representatives in Congress are opposed to destroying the four Klamath hydro-electric dams, which are capable of producing one-hundred-fifty-five mega watts of reliable electricity.

And he added that the Iron Gate Fish Hatchery produces over five million salmon each year, which will be lost if the Iron Gate Dam is removed.

# # #

 

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Video – Scientist Paul R. Houser Ph.D. speaking in Yreka, CA on May 7

Agriculture, Agriculture - California, Bi-State Alliance, CA & OR, California Rivers, California water, Clean Water ACT - EPA, Endangered Species Act, Federal gov & land grabs, Good websites, KBRA or KHSA, Klamath County, Klamath River & Dams, Oregon and Water, Oregon governments, Over-regulations, PacifiCorp, Paul R. Houser Ph.D. scientist, Salmon and fish, Sham Science, Siskiyou County, State gov, Threats to agriculture, Water rights, Water, Resources & Quality

Thank you Robert Exter of Redding Tea Party for this youtube video. It is much appreciated.  — Editor Liz Bowen

Cal-Ore Bi-State Alliance invited Dr. Houser out to the Klamath and Siskiyou area of the Klamath Basin to visit and speak May 5-9, 2012.

It was well worth the time for EVERYONE involved.

On May 7, 2012, renowned scientist, Paul R. Houser, Ph.D. spoke to 300 Siskiyou County citizens and explained why he filed a serious “whistleblower” complaint with the federal Office of Special Council after being “fired” by the federal Dept. of Interior.

What was the federal officials’ issue with Dr. Houser?

He questioned the PROCESS that was used to promote destruction of four hydro-electric dams on the Klamath River AND cited flawed science and politically-based conclusions regarding salmon restoration in the Klamath Basin.

In this video, Siskiyou Co. Sheriff Jon Lopey introduces Dr. Paul R. Houser to a crowd in Yreka, CA.

Before being fired, Dr. Houser was the top scientist in the federal government charged with “integrity review” of science projects within the Dept. of Interior.

http://www.youtube.com/watch?v=rxmPSzDp9sw

Please check back as a PAGE will soon be dedicated to Dr. Houser on Pie N Politics.com

Also check out Dr. Houser’s website at:

www.prhouser.com

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Jury levels $134 million fines against PacifiCorp for misappropriation of trade secrets

PacifiCorp

 

PacifiCorp’s Blundell geothermal power plant near Milford, Beaver County, came online in 1984 and was the first in the country outside of California. A new report released by the Geothermal Energy Association indicates Utah continues to be a strong player in the geothermal industry, with 11 projects in development this year.  — Rocky Mountain Power

By Wendy Leonard, Deseret News

Published: Tuesday, May 22 2012 9:18 p.m. MDT

SALT LAKE CITY — A jury has leveled a $134 million fine against the owner of Rocky Mountain Power, deciding that the regional electric utility intentionally and maliciously misappropriated trade secrets from a Texas power-plant developer.

The 3rd District Court verdict this week has been years in the making, as Dallas-based USA Power Partners filed its initial suit against PacifiCorp in 2005, after PacifiCorp began construction of an air-cooled natural gas-fired power plant in Mona, Juab County.

The dispute centered on USA Power’s contention that the plant design, which aimed to operate more efficiently while causing fewer environmental impacts, had been its brainchild.

PacifiCorp said in a statement Tuesday that it disagrees with the verdict in the “longstanding dispute” and “will aggressively pursue all avenues of appeal.”

According to the verdict, PacifiCorp must pay damages totaling nearly $18.2 million, along with $112.5 million for its unjust profits resulting from the use of confidential information. Local law firm Holme Roberts & Owen and attorney Jody Williams were also found liable for more than $3.2 million, for breaching their fiduciary duties to USA Power, which had previously been their client.

Williams and the law firm of Holme Roberts & Owen, which merged with Bryan Cave LLC, refused to comment on the court’s decision.

“The fight is not over yet, but we have a jury who believed in us and it was unanimous,” said Salt Lake City attorney Peggy Tomsic, lead counsel for USA Power.

USA Power had originally planned to build its Spring Canyon plant in Mona, but intended to sell the finished product to PacifiCorp. Negotiations dragged on for more than a year and PacifiCorp chose to build the plant itself after reviewing more than 100 bids — including USA Power’s — for the $350 million facility it called Currant Creek.

The plant fired up in June 2005 and was situated a mile from the USA Power-proposed site, but matched the description and specifications of the one USA Power had planned to build, according to the suit.

“Without misappropriating protected confidential information and trade secrets that USA Power provided to PacifiCorp and Williams, PacifiCorp could not have independently designed or ‘reverse engineered’ Spring Canyon in the form of Currant Creek,” the 2005 complaint states.

Read more:

http://www.deseretnews.com/article/865556295/Jury-levels-134-million-fines-against-PacifiCorp-for-misappropriation-of-trade-secrets.html

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