[Imc] an indy news piece on Illinois Power tree trimming

[Danielle Chynoweth]

Illinois Commerce Commission Likely to Hold Public Hearings on IP
Tariff Proposal
    by Maiko Covington (mcovingt at staff.uiuc.edu)

ICC impressed with the number of comments received in favor of
rejecting Illinois Power's proposed tree trimming guidelines, public
hearings likely

On Tuesday, January 2, several residents concerned about the fate of
Urbana's street and yard trees under new tree trimming guidelines
proposed by Illinois Power (now owned by Dynegy, Inc) met with Urbana
alderwoman Laura Huth (D-5th ward) at the Elite Diner in downtown
Urbana to discuss the current status of IP's proposed vegetation
management tariff with the Illinois Commerce Commission.

In July of 2000, an amendment to Senate Bill 1541 amended the Public
Utilities Act in Illinois to require utilities to provide specific
descriptions and advance notice of non-emergency vegetation
management activity in the form of a tariff, giving the Illinois
Commerce Commission responsibility for approving such tariffs and
giving the ICC exclusive jurisdiction to file complaints against the
utilities for failing to follow said tariff. This was partly in
response to a feeling that the utilities enjoyed too much discretion
in deciding what to cut and were cutting more trees than necessary
due to a lack of strict plans, particularly in cases such as the
excessive trimming that occurred up on N. Perkins Rd. in Urbana. IP
has responded to this request for rules by drawing up a broad tariff
allowing itself far greater leeway in vegetation "management," up to
and including removal, than they have had previously. It should be
noted that even under a situation of power deregulation, the actual
power lines and maintenance of those lines would still be handled by
IP.

If adopted, this tariff would allow IP to regulate not only trees
immediately underneath power lines or in established variances, but
also in what they term a "danger zone" extending up to 30 feet on
either side of a high voltage line and 15 feet on either side of a
low/medium voltage line, and in a "buffer zone" defined only as
"space outside of the danger zone" (complete text of the tariff is
available at http://www.icc.state.il.us/icc/ec/docs/001218treeip.pdf,
with relevant diagrams appearing on page 12). As the tree removal and
pruning practices suggested for these zones would threaten much of
Champaign-Urbana's award-winning urban forests, Urbana City Arborist
Mike Brunk has spoken against the plan, and the Urbana City Council
has passed a resolution urging the ICC not to adopt the tariff.

According to conversations Huth has had with Roy Buxton, contact for
the ICC's Engineering Program, the ICC has received over 100 paper
letters and 100 e-mail messages in support of delaying action on the
tariff in order to allow for public hearings which would hopefully
lead to the tariff not being adopted. Buxton reports that the ICC is
favorably impressed with the volume of public input, more input than
the ICC has received on all other issues combined for many years.
Although the official comment period ended on Dec. 28, mail continues
to arrive.

On Tuesday, January 9, the ICC will hold an open meeting at the
Thompson Center in downtown Chicago at 10 AM, where the five
commissioners will decide on one of two possible courses of action:

	1. to enact the tariff as is, at which point the suggested
regulations become binding, and
		many lawsuits challenging the tariff will be filed
	2. to delay any decision in order to hold public hearings on the matter

This meeting is open to the public, and will also be broadcast in
audio format to a hearing room at the capitol in Springfield.

At this point, Buxton feels it is highly likely that the commission
will opt to hold public hearings on the matter. If this happens, the
case will get an official docket number and a hearing officer will be
assigned. Three weeks from that point, in the week of January 30, a
pre-hearing conference will be held in Springfield, at which people
desiring to speak at the actual hearing may establish standing to
give testimony. As the object of the legal hearing is to obtain
expert testimony, such standing will require an established group,
complete with an attorney, to file an "intent to intervene." The ICC
will then set dates for the formal hearings, which are likely to take
from 10-14 months to complete. During this time, IP will be given
opportunities for rebuttal. It is not likely that there will be open
public hearings locally, simply because there is not an established
mechanism to take sworn testimony in such a situation.

Participants at the Elite meeting also brought up ideas for future
public action. First, it might be possible for citizens to get
together, possibly with the Illinois Student Environmental Network
(http://www.prairienet.org/isen/) to form a non-profit group that
could hire an attorney and become an official group with standing to
speak at the public hearings. At the meeting, John McMahon, a
Champaign attorney with experience working for the Prairie Rivers
Network, was suggested as a possible candidate. Other suggestions are
welcome. Ideas for research this group might pursue included
investigating the cost of burying the lines for the Champaign-Urbana
vs. cutting trees, and investigating potential impact on property
values. Much of the costs quoted by power companies is averaged over
many areas and includes costs not applicable to this area, such as
the cost of burrowing through rock. Second, people might help spread
the word by putting public service announcements on WEFT, or asking
Urbana Public Works to display a map of the city with power lines
marked on it, such that trees in the danger and buffer zones might be
concretely identified.

This Thursday, January 11, Huth intends to hold another informational
meeting regarding the decision made on the 9th. The meeting will be
held at the new Strawberry Fields Cafe, from 7-9 PM. All are welcome.

Additionally, people wishing to contact Roy Buxton may send him email
at rbuxton at icc.state.il.us. Laura Huth may be reached similarly at
lhuth at prairienet.org or 384-0830.