MATL HB 198 Lawsuit Hearing Tomorrow

*** Update 12/22/11 11PM ***
The AP reports on today's MATL lawsuit activities in Livingston ...

Judge asks for quick action in power line case Dec 23, 2011'A judge hearing disputes Thursday between landowners and the Montana-Alberta Tie Line project is asking for quick action from each side in a case that has long stalled the project.

The power line running from the Great Falls area to Canada has been the focus of high-profile legal and legislative battles in Montana. Some landowners are refusing to sell rights of way to the company, leading to bitter eminent domain claims that have slowed construction considerably.

The Livingston Enterprise reported Thursday that Judge Nels Swandal told both sides to quickly send him final arguments so he can render a decision on the matter.'
...*** End Update 12/22/11 11PM ***


Arguments in the HB 198 lawsuit against the State of Montana and MATL LLP by Maurer Farms Inc. and other landowners will be heard tomorrow in Livingston.

The 2010-11 Montana legislature, pushed along by Governor Brian Schweitzer, passed House Bill 198 that was supposed to allow the owners of the partially built Montana Alberta Tie Limited transmission line to use eminent domain to complete the project. This transmission line is required for expanded wind energy production here in Montana, included the much touted 300MW 189MW Rim Rock wind farm.

One of few Montana media outlets that have reported on this very important case, the Choteau Acantha, gives some details ...

Locals can listen to eminent domain hearing Dec 21, 2011'The lawyers for the trouble-plagued Montana Alberta Tie Ltd. transmission line will present their arguments at 1:30 p.m. on Dec. 22 that MATL L.L.P. has the authority of eminent domain and that landowners along the right-of-way had ample opportunity to engage in the public review process before the corridor was determined.

The power line is partly built between Great Falls and Lethbridge, Alta.

The hearing will take place in the Livingston courthouse before 6th District Court Judge William Nels Swandal, but it will be broadcast via a one-way videoconference in the Teton County courtroom in Choteau.

Twelve Teton and Pondera county landowners whose property is located in MATL's state-approved right-of-way brought a lawsuit on May 20 against the state and MATL asking the district court to declare House Bill 198 unconstitutional. Passed by the 2011 Legislature, the bill extended the power of eminent domain to regulated public utilities outright and to developers such as MATL that received a certificate from the state Department of Environmental Quality that administers the Major Facility Siting Act.'
...
The Shelby Promoter reported earlier this month, and was highlighted in the above mentioned article, a new builder has been hired by Canadian company Enbridge Inc., the new owners of the transmission line ...

Work on MATL to resume Dec 14, 2011'Renewable Energy Systems (RES) Americas has been hired by Enbridge Inc. and issued a limited notice to proceed as the new contractor to complete the Montana-Alberta Tie Line, said Darryl James, regulatory manager for MATL. RES Americas will be out working in the field by the first part of January, he said.

Tonbridge Power Inc., sold the MATL line to Enbridge Inc. Oct. 13, 2011. Enbridge Inc., is a Calgary-based company that operates the Enbridge Pipeline System in the United States and Canada and owns and operates Enbridge Gas Distribution in Canada.

RES Americas and its subsidiary, Probst Electric, will first have to complete reconstruction, retrofitting and repair of existing poles and lines, said James. Because construction was stopped so abruptly last year, “there are a number of issues,” including reclamation problems and problems with poles and foundations that need to be addressed before additional construction can occur.'
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A different MATL transmission line lawsuit in Cascade county, MATL LLP versus James Sheffels et al., has been stayed because of the Maurer Farms Inc. case. The stay was opposed by MATL LLP because of the need to finish the transmission line due to thier $161M stimulus loan.

*** Update 12/21/11 7pm ***
I was only half right regarding the time constraints ...

Montana-Alberta wind power line faces regulatory delays Dec 21, 2011

Regulator cuts short plea to extend permitting to end of 2012'CALGARY — A merchant power line linking wind generation in Montana to Alberta’s electricity grid will be delayed, but not as long as proponents had applied for.

Provincial regulators denied Enbridge Inc. a request to extend permitting deadlines on the Montana-Alberta Tie Line by a year, instead granting the pipeline and energy giant a regulatory break until May 2012.

Power line builder and operator AltaLink was included in Wednesday’s decision on the 230-kilovolt transmission line by the Alberta Utilities Commission, having also applied for an extension on its substation project associated with the project.'
...*** End Update 12/21/11 7pm ***
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As expected by anyone that pays attention to the bias here in the Montana media, the new developments of these multiple lawsuits against and by Montana landowners isn't widely reported. Thanks very much to those few real journalists for keeping the public informed.

Although I'm not associated with the group Concerned Citizens Montana, they have some of the Maurer Farms Inc. court documents available on their web site.