CEC protests court sanctions

Central Electric Cooperative (CEC) wants Judge Stephen Tiktin to reconsider the harsh ruling he handed down against the electric utility earlier this month.

Tiktin found that Central Electric Cooperative willfully and intentionally withheld documents in a dispute with the Cyrus family of Sisters over the placement of 75- to 85-foot steel power poles across Cyrus property east of Sisters. Those towers and lines have been installed as part of an upgrade of the Jordan Road power line. The documents at issue could have bolstered the Cyrus family's case that construction should be halted because it exceeded CEC's rights inside easements on Cyrus property.

Tiktin awarded the Cyrus family attorney's fees, reportedly about $50,000.

The language of Tiktin's ruling was a harsh rebuke to the utility, stating that CEC showed a "pattern of failures to produce, (and) persistent misrepresentations regarding production."

CEC filed a motion on September 8, seeking reconsideration. The motion argues that a CEC employee simply misunderstood the nature of the materials required for trial discovery.

"We admit to making mistakes," said CEC spokesman Alan Guggenheim. "We have apologized to the Cyruses and the court for accidental and inadvertent failure to turn over documents, primarily 2,000 e-mails that one of our electrical engineers mistakenly assumed were not discoverable because they were electronic in format, not paper. Our failure to turn over documents was neither intentional nor willful."

Given the stern rebuke made by the judge, he may not be receptive to reconsideration.

"We disagree mightily with the court's decision," Guggenheim said. "There was no evidentiary hearing prior to the ruling. So in our motion filed Monday, we have asked for such a hearing to show that this discovery error was simply accidental and in no way intentional. This is our first step in correcting the record. If we do not get such a hearing, we will take it up to the Court of Appeals. With all due respect to the court, judges make mistakes, too. That's what the Court of Appeals is for."

CEC's attorney Martin Hansen believes there is strong grounds for reconsideration or overturn on appeal. He told The Nugget that there must be "clear and convincing evidence" to "support any sanction, especially one as harsh as this."

Matt Cyrus believes the judge's opinion will have effect on the trespassing case that is still pending adjudication.

"Probably the most critical (thing) is that he (Tiktin) struck their defense," Cyrus said.

Hansen disputes that.

"He didn't strike all our defenses," the attorney said. "The game is still on."

Neither the decision nor the trial will likely affect the power line installation, which has long since marched forward.

The Cyrus family has long argued that "the poles are trespassing on our property," Matt Cyrus said. If CEC is found to have trespassed, "we'd have to assess what the appropriate remedy would be," he said.

Cyrus said that, "We're not asking for the lines to come out; we're asking them to cut them (the poles) back to a reasonable height."

Cyrus defined that height as 40 to 45 feet.

Hansen said that he is certain that there was no trespassing in the installation of the poles. He said that CEC surveyors met with surveyors contracted by the Cyruses in 2007 and all agreed that CEC was working within easements.

Author Bio

Jim Cornelius, Editor in Chief

Jim Cornelius is editor in chief of The Nugget and author of “Warriors of the Wildlands: True Tales of the Frontier Partisans.” A history buff, he explores frontier history across three centuries and several continents on his podcast, The Frontier Partisans. For more information visit www.frontierpartisans.com.

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