American Transmission Company says “public interest” is not an issue!
October 14th, 2005
Now and again clients are suprised by a bizarre self-destructive action of an opponent, in those rare moments when ugly truths are revealed. But as we say in transmission, “It’s all connected.” And as we all know, those with power are not interested in openness, equity or public interest!
Just yesterday, I received the American Transmission Company reply to the W.O.L.F. response to the ATC Motion to close the Arrowhead docket. It was mailed September 30… came by oxcart…my client received it today…
To look at the docket, go to this page and type in docket number 05-CE-113. At the next screen, click on the underlined docket number, then it goes to “Docket Summary” page, and go to bottom left and click on “Documents” for a whole bunch of filings, but mostly from Arrowhead #2 and #3.
ATC wrote a letter,Download file, reporting they were delighted to announce an agreement with Douglas County,Download file, which the Commission deemed a Motion to close the docket. We got notice, and responded to that Motion.
In W.O.L.F.’s Response,Download file, because the Agreement had not yet been made public, we had a simple argument:
Settlement agreements have an impact beyond the direct impact on the parties of the Agreement. In an administrative proceeding, the agency should not close a docket without first securing a copy of the Agreement for the file, assuring that all parties have been served with a copy of the agreement, and then the Commission must review the Agreement to assure that it addresses all issues pending. Intervenors other than those party to the Agreement must have an opportunity for review and comment, as must the general public, many of whom are affected landowners who likely did not or will not receive the largess of benefits that Douglas County will receive as a result of this Agreement. Because this Agreement is only a part of a much larger proceeding, the interests of Intervenors and the public interest must be taken into account. If, after review, the Commission determines that all issues are indeed addressed, that the Settlement Agreement is equitable, and has addressed issues in a manner that is not injurious to the public interest, then it may be appropriate to close the docket.
GASP! What a revolutionary concept!
Here’s ATC’s Reply: Download file
Lauren Azar
Here’s the best part — I cannot believe Lauren would write this and I’m still shaking my head:
Whether the Agreement is “equitable” or “in the public interest” is not an issue currently before the Commission and, is therefore, irrelevant to the Commission’s determination on whether to close this docket. (The Commission does not review and approve the agreements by which utiltities acquire rights-of-way to ensure they are “equitable” or “in the public interest.”)
Oh, really!?!
If I ruled the world, all agreements that let utilities have their way with the public would be PUBLIC INFORMATION and subject to public interest scrutiny.
Maybe the PSC will look at its own letterhead or the sign outside there on Whitney and realize that they’re the “PUBLIC SERVICE Commission.”
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