[Trees-executive] OCTOPUS ARTICLE

[Jerry Landay]

To the Executive Committee, SOT:

    The following article appears in the current (4/5/01) article of the
Octopus.

by Jerry M. Landay

===

 Illinois Power, son of Dynegy, is - for the moment - in stalemate.  Its
savage proposal to slash tree-pruning costs by running roughshod over
residential property rights has been withdrawn - for now.  The utility
managed singlehandedly to unite a steel phalanx against it -- 15
municipalities in Central Illinois, the staff of the Illinois Commerce
Commission, a powerful group of state legislators, an organized citizenry,
and an array Illinois utilities utterly opposed to Dynegy/IP's harsh
"tree-management" policies.

 The anti-Dynegy/IP alliance hasn't won.  It has only gained a time-out.
Spurred by Dynegy's bonus-driven power studs, IP remains under orders to
grow its bottom line by trimming its tree-pruning budget.  Trees near power
lines are in the same limbo they were when the battle began in December.
Tree "management" practices are to be carried out "under the supervision of
the city," the same franchise language under which IP contractors previously
labored.

 The essential difference now is that, in the struggle, the cities
rediscovered their muscle.  Municipal attorneys and arborists have been
devising their own set of tree-friendly pruning regulations to put on the
bargaining table.   Negotiations between the cities and the company resumed
this week, chaired by State Rep. Dan Rutherford of Bloomington-Normal, with
local legislators Rick Winkel and Tom Berns sitting in.  The Save Our Trees
citizens group remains active.  Its goal is to have teeth put into those
principles of local control and property rights.  Some members call for a
provision that would let municipalities hire the contractors to prune trees
along power rights-of-way using more caring standards.  Dynegy and the
cities would jointly pay for the operation, under an equitable formula.
Citizens would have a meaningful right of appeal on tree-cutting.  The
options and costs of burying electric lines would be seriously examined.

 At this writing, there were still sticking points.  Meantime, in the uneasy
situation that is neither war nor peace, Dynegy/IP contractors were resuming
their Spring pruning operations, with property owners still in the dark
about their rights.  Also, at this writing, both the legislators and the
cities were cutting citizens out of the negotiating process - to avoid
precipitate news leaks, they say.  Rutherford, a Republican, considers
activists as unruly "radicals."

 Power wielders need to guard against stereotypes.  The "radicals" in this
situation is Dynegy/IP, with its appetite for profit and expanded power over
the Illinois energy market.  Citizen leadership has been reasoned and
responsible.  The effectiveness of the people in "town-hall" hearings helped
to embolden legislators to stand up to Dynegy/IP, a major corporate campaign
contributor, and to convince it to withdraw its original proposal.

 What citizens need to do now, if the current stymie is protracted, is to
remind their municipal, county, and state reps they're still alive and
active.  They must demand a moratorium on all Dynegy/IP tree-pruning
operations until acceptable guidelines are officially in place.  Reports of
contractors lopping off evergreen tops here  -- a wrongheaded practice --
continue to filter in.  The company will clearly pursue its
prune-it-till-it-dies policy until Moses descends from the mountain-top with
a set of engraved Tablets.

 Meantime, what do homeowners do when the IP notification letter arrives
telling them IP's Bunyans are coming, saws in hand?  Here's a set of
guidelines:

 1.  You must have been notified in writing at least seven days in advance.
Be on hand when the pruning crew arrives, or have a neighbor there.  Demand
that the foreman tell you precisely what he intends to do, and make certain
that his workers hew precisely to acceptable intentions.  Take snapshots and
let them serve as evidence of any excesses.

 2.  IP crews can only work legally within the easement that comes with your
property.  It is usually five or six feet on either side of the power line.
Check your deed, or ask the city clerk about the extent of your easement.
Demand that crews stop if they violate the easement, and have your deed or
facsimile in hand.  Utility officials pledge publicly that workers will not
cut down or mortally injure a tree if you say stop.  Phone IP if they won't.

 3.  Since these operations remain "under the supervision of the city," also
phone your municipal arborist for advice and action.  In Urbana, phone Mike
Brunk at the Arbor Division, 384-2342.  In Champaign, call Bill VanderWeit,
351-4447.  Be specific.  Provide the correct address and location, with
accurate detail about your concerns.  Utility crews have rights, but not
license.

 4.  Also report Dynegy/IP excesses to Citizens United to Save Our Trees,
384-0830.  Ask where to deliver your photographs.

 The key point: the battle for Tree City is still on.  To think otherwise is
to snuff momentum, playing directly into Dynegy/IP's hands. #