[Trees-executive] News-Gazette story, in case you didn't see it

[John Sullivan]

UTILITY WITHDRAWS TREE PLAN

By MIKE MONSON 
Published Online March 21, 2001
Copyright 2001 The News-Gazette 

  SPRINGFIELD – Illinois Power told city and state officials this morning
that it is withdrawing its controversial tree-trimming proposal before the
Illinois Commerce Commission and will submit a revised plan. 
  State Rep. Rick Winkel, R-Champaign, said Illinois Power officials
announced they were withdrawing the so-called vegetation management
tariff at an 8 a.m. meeting in the office of state Rep. Dan Rutherford,
R-Pontiac. 
  The proposed tariff had generated controversy, with opponents,
including Champaign and Urbana's city arborists, contending the proposal
as written would give the utility the authority to remove thousands of trees
near its power lines. 
  "I think it's a wise move on Illinois Power's part," said Winkel. "I think
they heard that there's widespread, deep concern over their tariff. They
have pledged to talk to citizens groups such as Save Our Trees, to work
with municipalities and reach a consensus or understanding as to what the
tariff should be." 
  Illinois Power spokesman Peter Millburg said the proposed tariff would be
withdrawn in the next 10 days or so. 
  Millburg said Illinois Power has been encouraged by progress made at
meetings with municipal officials at Rutherford's office and didn't want time
constraints to hinder that progress. Three such meetings have been held
there in recent weeks. 
  "We think they hold the potential to address most, if not all, of the
concerns of the municipalities and the other interest groups," Millburg
said. "It became apparent the time we needed to reach this consensus was
unacceptable with the time constraints of the regulatory process. We want
to continue moving the process forward." 
  Millburg said Illinois Power does not have a timetable yet for submitting a
revised tariff. 
  Compromises to come out of those meetings include a plan to revise tariff
language to state that Illinois Power prefers pruning to removal of trees,
and that Illinois Power will not remove a tree near low- to medium-voltage
power lines on private property without the property owner's permission.
Winkel said the meetings at Rutherford's office will continue. 
  Champaign attorney John McMahon, who is representing a local citizens
group, Illinois Power Customers United To Save Our Trees, said he was
pleased to learn of the utility's moves. 
  "Rep. Winkel said Illinois Power did want to meet with our group,"
McMahon said. "We'll be happy to talk with them. For now, this is certainly
great news. This is a good example of how citizens getting involved can
make a difference." 
  Urbana City Attorney Jack Waaler also expressed happiness about
Illinois Power's decision. Urbana, Champaign, Bloomington, Normal and
about a dozen other central Illinois cities had intervened in the tariff case
and were fighting the proposal. 
  "We're pleased that our professional handling of the matter has at least
caused the parties to pause and think over the issues we've raised," Waaler
said. 
  Waaler said the tariff's language was "too vague, which translates into
too much authority" for Illinois Power. 
  "It would have given them the ability to clear-cut back yards within 15
feet of power lines," he said. 
  But Waaler also conceded that tree trimming "is a professional judgment
and I don't know if you can have a black-and-white tariff." 
  He said Rutherford has agreed to consider changing language in a bill he
has sponsored, House Bill 1776, that had concerned cities. 
  Specifically, the legislation would have allowed Illinois Power to charge
cities if they enacted tree-trimming ordinances more stringent than any
tariff approved by the Illinois Commerce Commission if the ordinances cost
Illinois Power more money to implement than tariff standards. 
  Waaler said cities are concerned that Illinois Power would unilaterally be
determining whether a city ordinance is more stringent and costly. 
  Illinois Power submitted the vegetation management tariff to the
commerce commission on Dec. 6. 
  It was the first such proposal of its kind in Illinois and was viewed as a
possible precedent-setting case.