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B2H court cases mount with public purpose abandonment |
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The
certificate
allowing Idaho
Power company (IPC)’s, and their partner PacifiCorp (PAC)’s -- to condemn land for the B2H -- is
under scrutiny again!
Background: Last
summer, at the Oregon Public Utility Commission (OPUC), Stop B2H opened a
docket to reconsider or rescind, the Certificate of Public Convenience and
Necessity (CPCN) for the B2H.
A CPCN is the certificate that the
developers’ must have in order to go to court and condemn someone’s land (aka: eminent domain or land condemnation).
The project has “materially and fundamentally deviated”
from what was originally approved. Instead of serving a broad “public
necessity” and delivering power to 800,000 Oregonians, PAC (the 55%
owner/partner) now plans to dedicate B2H's energy capacity primarily to a single large unknown customer: a data center.
Allowing
a project justified for broad public benefit to proceed primarily for the
private commercial gain of a single corporation fundamentally undermines
Oregon's constitutional requirements for eminent domain.
Allowing
a project justified for broad public benefit to proceed primarily for the
private commercial gain of a single corporation fundamentally undermines
Oregon's constitutional requirements for eminent domain.
You can
see the full docket UM 2394 or read STOP’s final public
comments.
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In the judicial arena, landowners with their attorneys are pursuing:
1)
A summary judgment in Baker Circuit Court. The summary
judgment is made on the grounds that the transmission line project being
proposed by Idaho Power and PAC is now a new and different project that has not
been reviewed or approved by OPUC, as required by ORS 758.051. BC Herald story.
2)
Challenging the OPUC’s decision not to rescind the CPCN. This is related to STOP’s docket before the OPUC last summer/fall mentioned above; but this
case is now in the judicial courts.
The
challenges are filed in both Baker and Union Circuit Courts because of: 1) Uncertain
project purpose, 2) Lack of public benefit, 3) Procedural violations, and 4)
Constitutional concerns in their ruling.
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3) And, without attorneys, as "Pro Se" complainants -- three more Stop B2H members are taking a mitigation case to Morrow County Circuit Court. This case is about the changes to the Fire Suppression and Mitigation Plan which was changed without an amendment! Oregon Department of Energy says the changes were minor and an amendment isn't necessary. Stay tuned... |
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Meanwhile... PacifiCorp (PAC) is under intense financial pressure from
massive wildfire-related lawsuits and potential damage awards. Public reports
describe the utility warning of “strained liquidity” and the risk of losing its
investment‑grade credit rating as Oregon wildfire trials accelerate.
As a
wholly owned subsidiary of Berkshire Hathaway, PacifiCorp (PAC) has filed an
application for a sale-leaseback financing
arrangement, of unspecified value for its portion of the Boardman
to Hemingway (B2H) transmission project ($1.7b+).
Under this
plan, PAC would sell its ownership rights to a newly created Special
Purpose Entity (SPE)—a fellow subsidiary of Berkshire Hathaway
Energy (BHE)—and then lease those rights back for 20 years. The interest rate
for the loan is also unknown, but we know the cost of that interest will be
passed onto the ratepayer. Currently they are arguing over what rules they have
to follow.
You can’t make this stuff up?!
--drum roll--
Enter: Amazon!
Layered
on top of this, Amazon Web Services, Boardman Operations, has filed a complaint
at the OPUC alleging that PAC has failed to provide the contracted power needed
for multiple data centers in Oregon, leaving one campus with insufficient power
and another without power at all, while refusing to complete standard
contracting for additional facilities.
This complaint underscores a troubling reality: even as PacifiCorp seeks
to repurpose B2H to serve large data centers, it is already struggling to meet
existing obligations to those same types of customers.
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Unfortunately,
Idaho Power has begun building towers and access roads in some areas, even as
its partner PacifiCorp struggles financially and they still lack key property
easements. The result is a patchwork of construction, legal uncertainty, and
community disruption—without clear evidence that B2H, in its current form,
serves the public interest.
Through
it all, Stop B2H remains a vigilant watchdog. At the same time, we’re investing
energy (pun intended) into solutions: rooftop solar, community resiliency hubs,
and local preparedness for wildfire and power shutoffs. Your support helps us
track complex dockets, engage expert counsel, and share accessible information
with communities who would otherwise be left in the dark.
On
behalf of the Stop B2H Coalition Board of Directors, thank you. We could not
have come this far without YOU. We’ll continue to keep you informed and share
important developments—even if they’re less frequent—through our E‑News, Action
Alerts, Facebook, and our STOP website at www.stopb2h.org.
Wishing
you a wonderful year ahead, The Board |
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www.stopb2h.org | 541-406-0727 | info@stopb2h.org
Our mailing address is: 60366 Marvin Road, La Grande, Oregon 97850
Stop B2H Coalition is a 501c3 nonprofit organization, registered in the State of Oregon.
Donations are tax deductible.
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