I thought I would give you an update on what is happening with the CapX2020 route hearings. The hearings were held in June and all parties have already submitted their first brief, and the second brief is due on October 7th. After the second brief is done, the administrative law judge will close the record and begin working on her recommendations. The big issue in these hearings has nothing to do with the route near or around you. It deals with whether or not the 345kV line, after it passes you and heads south, will go through Olmsted or Wabasha County.
In conjunction with these issues, CapX2020 has issued its Final Environmental Impact Statement (EIS), which we received earlier this month. You can find it online, but it is rather extensive in scope. I thought I would provide you with some parts of the EIS that may be of interest to you. On page 45 of the EIS, there is a section called Land-Based Economies. In that section, CapX2020 notes that approximately 86% of the project area consists of agricultural land, with about 53.2% of that agricultural land classified as prime farm land. As required by law, CapX2020 has provided an AGRICULTURAL IMPACT MITIGATION PLAN. I am reproducing most of that Plan on the attachment I am enclosing. Keep in mind, this is CapX2020’s mitigation plan. It is promising what it will do as part of this project. Making certain all of these promises are kept is my job and yours.
As I am sure you already know, this 345 kV line will be strung on monopoles (a single pole structure with the capacity to handle two 345 kV transmission lines, only one of which will be strung initially.) The poles themselves are between 130 and 175 feet high, and generally, there is between 700 and 1,000 feet between poles. The actual right-of-way for the line is 150-feet wide. The foundation for the poles is circular with a diameter of between 6 and 12 feet.
CapX2020 indicates that it will minimize impacts from construction activities by:
1. Placing construction mats in wet or soft soil locations and narrow ditches to minimize disturbances;
2. Spanning all streams and rivers and spanning all wetlands to the extent possible;
3. Not driving construction equipment across waterways except under special circumstances and only after discussion with the appropriate resource agency;
4. Crossing waterways using boats or by driving equipment in water crossing areas only when frozen in winter (to pull in new conductors and shield wires, for example); and
5. Fueling and lubricating far from waterways to insure that fuel and lubricants do not enter waterways.
These are, again, promises that CapX2020 is making, and you should report any deviation of its promises during the construction phase. Interestingly, CapX2020 indicates that its transmission system is built to withstand normal weather extremes. It also says: “with the exception of severe weather, such as tornadoes and heavy ice storms, high voltage transmission lines rarely fail.” CapX2020 also indicates that it will do monthly inspections of the transmission lines by air.
The final EIS does address issues of electric and magnetic fields. The EIS maintains that the electric and magnetic fields are at harmless rates given CapX2020’s projection of average and peak amperages going through this line. However, CapX2020’s calculations are all based on an assumed loading of 600 MVA. Each of the two lines that may be constructed on these poles however, has a designed MVA of 2,050, which CapX2020 refuses to consider. We have introduced evidence into the record calculating the magnetic fields at the design level, which generates a much higher magnetic field.
CapX2020 cites a number of health studies indicating that scientific evidence suggests that electromagnetic fields (EMF) exposures posing health risks are “weak.” However, it acknowledges that the National Institute of Health recognizes that such exposure cannot be considered entirely safe, since there is weak scientific evidence showing that exposure may pose a leukemia hazard.
I know some of you are concerned about “stray voltage.” CapX2020 references this phenomenon in the EIS and indicates that stray voltage can result from damaged, corroded, or poorly connected wiring, or damaged insulation. It contends that transmission lines do not, by themselves, create stray voltage because they do not connect to businesses or residences. But, CapX2020 acknowledges that transmission lines can induce stray voltage on a distribution circuit that is parallel or immediately under the transmission lines. That is to say, for example, that distribution lines going to your home or farm that cross these 345 kV transmission lines will create stray voltage.
One of the more interesting sections of the EIS deals with property values, where CapX2020 maintains that most studies show no adverse impact of these transmission lines on property values. CapX2020 does acknowledge a number of studies that come to the opposite conclusion.
CapX2020 contends that the noise from these 345kV lines with a single circuit in service is in the range of 45 or 50 decibels (dB). Its study shows that ordinary bedroom noise is approximately 40 dBs, a library is about 50 dBs, and conversational speech is around 60 dBs. A business office or a vacuum cleaner is 70 dBs and a jet engine is 140 dBs. The State noise limits for residential property are between 60 and 65 dBs during the day and 50 to 55 dBs at night. CapX2020’s contention is that noise is not a problem.
CapX2020 does have a small section on eminent domain in the EIS, which correctly notes that, as a utility, it does have the power to condemn property. The EIS notes that the utility must negotiate in good faith with the landowner and provide the landowner with a copy of an appraisal of the landowner’s property before beginning the condemnation process. It also notes that the landowner can obtain his or her own appraisal, and may be reimbursed for the reasonable cost of that appraisal (up to $1,500 for a single family or duplex home; up to $3,000 for others). The EIS notes that, if condemnation is required, the utility will file a petition for that condemnation in district court in each county where property is to be taken. It also notes that the court must appoint three impartial commissioners to determine the compensation, and notes that the commissioners have broad powers to hear and consider allegations and proofs of all persons interested. The EIS contains this interesting provision:
A landowner who chooses not to negotiate a right-of-way on his or her property and instead requires the utility to use eminent domain power by initiating a condemnation process, would likely benefit from legal counsel. Condemnation proceedings can be time consuming and expensive; however, some landowners may feel this time and expense is necessary and worthwhile. (Indeed)
With regard to the final route selection, once the administrative law judge makes her decision and recommendation, the Public Utilities Commission will hold public hearings (at which you are welcome if you have any interest) and make a final determination of the route. The EIS suggests that this will probably occur this winter, and by March or April of next year, CapX2020 expects the condemnation process to begin. CapX2020 also expects to begin placing poles and stringing line by next fall. It also expects that much, if not all, of the line stringing will be done by helicopter.
As always, please call if you have specific questions that we can help with. I know that some of you have already been contacted by CapX2020 land agents, and in some cases, have already received offers. We would be most interested in knowing when these offers occur and what these offers are. Keep in mind, we have yet to see a situation in which the offer made by the utility is not exceeded by the ultimate damages awarded by the condemnation panel, or by negotiation prior to the condemnation hearing. Also, keep in mind that, once CapX2020 files its condemnation petition in district court, the next thing that occurs will be a hearing at which the condemnation commissioners, who decide your damages, are selected. It is vitally important that all property owners have input into that decision through their lawyers. Once the Public Utilities Commission (PUC) makes a final decision on the route, we will let you know. On September 27, the PUC did approve the plans for the sub-station to be built in Belle Plaine Township.