CEC pushes for legislative action

The feud between the Cyrus family of Sisters and Central Electric Cooperative (CEC) over plans to upgrade the Jordan Road power line has taken a new turn.

Legislation on behalf of CEC has made it out of committee onto the floor of the Oregon State Senate. Senate Bill 413 “Authorizes alteration of nonconforming electric utility transmission line and associated structures and improvements when necessary to ensure safe operation or to meet additional demand for capacity in area served by transmission line.”

CEC has sought to upgrade the Jordan Road line, which runs across Cyrus property east of Sisters, in order to serve the growing electricity needs of the Sisters area. 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 opposed the changes in part because they are concerned that more and taller towers will degrade scenic views on the property, some of which could be developed under Measure 37 land use waivers.

Matt Cyrus told TheNugget that he thinks CEC could pursue other alternatives but the utility has been unwilling to consider them.

Deschutes County originally approved the CEC plan, but reversed the decision after the Cyruses appealed to the Land Use Board of Appeals and won, then successfully defended that victory at the Oregon Court of Appeals.

Since then, CEC has filed a Measure 37 claim for more than $7 million in lost value. And the cooperative pursued legislation to clear the way for the upgrade.

That legislation appeared to be stuck in committee until it got a boost from a statement by Lee Beyer, the Chairman of Oregon’s Public Utility Commission.

In an email to the chairman of the Senate Business and Economic Committee, Beyer reportedly stated that he found the restriction against higher towers in an existing easement “perplexing.”

The Bulletin quoted the email on Friday, April 1: “If electricity is indeed a necessity — and it is — what authority should a utility have to make service available? Are the rights of a few in protection of their land more important than assuring reliable electricity to the greater public?”

CEC spokesman Jim Crowell cited the PUC chair’s quote in a written statement to The Nugget:

“CEC is gratified at the decision of the Senate Business and Economic Committee to endorse the bill.

“The cooperative is also particularly pleased that the Oregon Public Utility Commission is taking an active role in supporting our efforts to continue to bring safe and reliable electricity to the entire Sisters area.”

Beyer told The Nugget he no longer has a copy of the email, but he did not dispute the quote. However, he emphasized that he was only expressing his opinion about a local issue.

“We (the PUC) don’t have any jurisdiction to rule,” Beyer said. “You’ve got to be able to provide the service; you’ve got to get the lines in. But it’s a local issue.”

It’s a local issue unless the legislature passes SB 413. Then it becomes law and applies across the state.

“What they’re proposing would have a significant impact on anyone anywhere in the state who has a utility easement across their property,” Matt Cyrus said.

Cyrus also noted that other Sisters residents will eventually be affected by the line, which will run across Lazy Z property and eventually near Tollgate.

“There will be a lot more people affected by this once it gets past us,” he said.

Gene Whisnant, who represents District 54 in the Oregon House of Representatives testified against SB 413.

“I didn’t think we should overturn a ... court ruling,” he said. “I think it should be decided at the lowest level.”

In fact, he said, he’d prefer seeing the Cyruses and CEC work out their differences themselves.

He said he’s “disappointed the neighbors couldn’t work it out, I guess.”

Whisnant expressed doubts that SB 413 would make it all the way through a legislature that is focused on a number of major priorities, including school funding and resolving questions about Measure 37.

“If it’s going to pass, someone is going to have to push it pretty hard to get it through the system,” he said.

Whisnant also thought the statewide implications of the law might give some legislators pause.

If it does pass, the representative said, it might be in a modified form.

“Hopefully we can reach some compromise and not hurt property owners,” he said.