Power line dispute hits court of appeals

A dispute between the Cyrus family of Sisters and Central Electric Cooperative (CEC) over a power line that travels across Cyrus land wound up at the Oregon Court of Appeals on Friday, June 18.

The court heard oral arguments in an appeal by CEC of an earlier ruling by the state Land Use Board of Appeals. That ruling kicked a decision approving upgrades to the line back to Deschutes County for further review.

In February 2003, CEC applied to the county for "non-conforming use verification" and changes to the "Jordan Road line," which is one of the power lines serving Sisters.

The electricity provider wants to upgrade the line and replace wooden supports with slightly taller and more tightly spaced towers made of weathered steel.

The Cyruses argued to LUBA that "the (county) hearings officer erred in concluding that the proposed alterations to the Jordan Road line were 'necessary to comply with any lawful requirement for alteration in the use.'"

CEC argued, in part, that growing power demand in Sisters and the vulnerability of the Jordan Road line to interruption made the changes necessary.

LUBA remanded that portion of the decision and two other procedural issues to Deschutes County for further review. CEC appealed the remand on the "lawful requirement" issue.

CEC spokesman Jim Crowell limited his comments on the matter to stating that the CEC board determined that it was in the best interests of the cooperative's constituents to appeal the LUBA decision.

Cyrus attorney Tia Lewis said that CEC could pursue a conditional use permit, but that would require mitigation of the impact on the Cyruses property.

That impact has to do mostly with views from property the Cyruses own.

Lewis said she believes that the requirement for mitigation is the reason CEC pursued the "lawful requirement" argument instead of seeking a conditional use permit.

"They've never said this to me, that that's why they're not taking that route (conditional use). But why else would they not?" Lewis said. "I think ratepayers should be asking that question."

According to Lewis, the line is on a ridge. If it was moved, she said, the Cyruses would be willing to grant a new easement.

Lewis said that "the Cyruses have said all along 'We'll give you a new easement if you'll move (the line) out of our view corridor.'"

Lewis acknowledged that the Cyruses have sought payment for that easement in the past, but she said that money shouldn't be an issue. The quality of the view is more valuable to the family's interests than any payment for an easement would be, Lewis said.

"I certainly would advise them not to ask for any money," she said.

An Oregon Court of Appeals decision isn't due for another three months.