
Call to order 7:05 PM, January 3, 2008
Present: Susan Hansen, Gayle Kiser, Marc Auerbach
1. Putting the R&O in front of more counties.
Auerbach explained that he had confirmation from Scott Derickson that he would look it over, but not on the 9th agenda. Auerbach plans to attend on the 9th to ask for consideration as an agenda item.
Hansen is working on Clackamas and Marion counties.
Kiser will work on Cowlitz
Auerbach will supply a version in Word.
2. Getting more people to sign our petition.
Kiser and Hansen committed to putting out the call to groups the are affiliated with.
3. Sending letters on NWPRC letterhead to politicians/ papers
All the usual suspects. Content, see item 5.
4. Press release.
Not discussed.
5. NWPRC position on eminent domain reform
The following were considered for a first pass.
Willing landowners first (company must poll)
Schedule of "just compensation" including other diminished value, and future loss.
Compensation for the period between when the line is drawn and signing of an easement.
Terms of all easement agreements must be public.
Negotiations held in public. Landowners may bargain collectively.
Ownership and control cannot be foreign. Must be public or not for profit.
Time limits. How long is FERC certificate good for? Reversion if not used? Abandonment? Should a system like FDIC be set up to cover insuring proper abandonment.
Elements from http://www.castlecoalition.org/pdf/Kelo-White_Paper.pdf?
If landowners are stakeholders, why do they receive so little support in the process?
Mediation help during negotiations.
Royalty or ongoing lease payments profit sharing.
Auction pipeline routes
Auerbach will circulate a draft position paper.
Other Business
Started a letter of questions to FERC.
How long is a certificate good for?
What federal resources are available to landowners to help them negotiate a good deal?
Is there any statute or policy governing how payment shall be made: lump sum, royalty?
Is there any statute or policy governing how long the term of the easement shall be: in perpetuity, 99-years?
In December 2001 FERC issued, "Ideas for Better Stakeholder Involvement In the Interstate Natural Gas Pipeline Planning Pre-Filing Process." (enclosed) What is the status of the recommendations?
Will FERC accept invitations to attend landowner meetings?
If an HDD bore fails and has to be abandoned, what regulatory constraints exist on the number, timing and location of new bores?
A certificate conveys the power of eminent domain, but do any rules exist specifying what is properly included in the recorded easement and what is in contracts. Example: additional, temporary space needed for a laydown site?
Is there any protection for organic farms that forbid the use of toxics in the easement corridor.
What protections are in place if eminent domain is exercised in a depressed real estate market?
Marc will circulate a draft for further refinement.
Adjourned 8:00 PM