UPDATE PUBLIC HEARING: SEPT 2 - 6:00 PM.
The following is an updated announcement concerning the IURC field hearing to be held this coming Wednesday, September 2, at Pike High School. We've learned that the exact location will be the Pike Performing Arts Center. It is imperative that we have a good turnout from Traders Point for this hearing. Regardless of your views on this issue, TPAN encourages you to attend, and if at all possible, please bring spouse, kids, and neighbors! This is our opportunity to make a real difference on this issue. Your neighbor, Jerry Baker, and others, have worked tirelessly for over two years to bring the fight to this historic point. The utilities are hoping that you fail to show, or leave it to your neighbor to show. Let's turn out and let them know that responsible tree trimming, that allows for safe and reliable electric power, can be achieved while still respecting property owners' rights and without destroying the environmental health and scenic beauty of our community, as well as the rest of central Indiana.
Thanks,
Steve Jones, TPAN President
Public Input Sought on Electric Utility Tree-Trimming Abuses
This is Traders Point residents' opportunity to be heard on this very important issue!
The Indiana Utility Regulatory Commission is currently investigating alleged electric utility abuses in tree-trimming practices. A series of 6 public field hearings will be held throughout the state to accept public comments for the evidentiary record in this investigation. Traders Point residents are urged to particpate in the Central Indiana hearing to be held at Pike High School on Wednesday, September 2, 2009.
Arrive by 5:30 p.m. to register to testify -- public hearing begins at 6:00 p.m., Pike High School - Performing arts Center,
5401 W. 71st St., Indianapolis, Indiana
Below is a summary of the key issues as provided by the Indiana Tree Alliance:
IURC hearings
Property owners across central Indiana have organized to form the Indiana Tree Alliance for the purpose of opposing abusive vegetation management practices by Indianapolis Power & Light (IPL), Indiana-Michigan Power, and certain other utilities around the state, particularly practices pertaining to tree trimming and removal in the vicinity of electric-power utility lines.
Participants in the Indiana Tree Alliance believe that the utilities have obscured the real issues of contention by claiming, incorrectly, that their current practices are mandated by federal regulation, and that these practices represent their only means of assuring safe and reliable electric power. The Alliance recognizes that safe and reliable electric power is a priority, but believes this can be achieved through a better process that also respects property rights and holds the utilities accountable for their actions.
Currently the utilities interpret their charge to provide safe and reliable electric power as justification for overly aggressive trimming, which is designed to minimize costs. They also view it as justification for ignoring Constitutionally-granted property rights. The results are often manifested in the unhealthy and unsightly butchering of trees, the unwarranted removal of trees, and the taking of rights to private property without the owner’s consent.
In IPL’s case, utility Tariff E-16, 15, approved by the Indiana Utility Regulatory Commission (IURC), but never reviewed by the Indiana State Attorney General, is used as a legal basis for these actions. The utilities also act as if they have no financial obligation to provide just compensation to owners when trees and other fixtures are damaged or taken on private property. In addition, the utilities incorrectly point to non-applicable federal regulations to justify this overly aggressive trimming. Indiana has allowed the utilities to increase voltage on existing lines, without a review process, even when these increases require additional wire-zone clearance. This practice effectively results in a taking of adjoining private property. Currently, a property owner’s only recourse is to take the utilities to court—a difficult task given the utilities’ deep pockets.
In addition to the Constitutional issues, the Alliance believes that the utilities’ current practices are unreasonable by any definition. The Alliance, therefore, encourages the IURC to support the following reforms to utility vegetation management in Indiana:
• Repeal of Tariff E-16, 15 and public recognition by the utilities that they have no right to trim or remove trees on private property without the owner’s consent, and that just compensation is required when a taking is necessary.
• The IURC should establish an office for arbitrating disputes when the property owner denies permission but the utility deems that trimming or removal is necessary. This office should also be able to hold the utilities accountable to property owners for damages, when appropriate.
• Utilities should be required to petition the IURC to increase voltage on existing lines, and if granted, the utility should be required to purchase the necessary easement from the adjoining property owners, or provide some other form of just compensation.
• The State of Indiana should adopt a statewide vegetation management standard for all electric-power utilities.”
Property owners and citizens concerned about reasonable measures to manage vegetation— and protecting rights to reasonable notice and fair compensation when utilities take their property — are encouraged to make their voice heard. Please join us a public hearing on abusive tree-trimming practices in central Indiana.
Contact: Jerry Baker mailto:cjbaker47@comcast.net
Charles Goodman 317.356.2499
Steve Jones Mail to:sastjones@Comcast.net
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