Subject: Stray Voltage Liability Proposal in Wisconsin (Raunio).
Date: Sat, 10 Mar 2001 090406 -0600
From: Roy Beavers
To: guru
--------------------------------------------------
......From EMF-L........
"It's rather ironic that they would ask for imunity when they claim
there is no problem.".....Rep. Barbara Gronemus
-------- Original Message --------
Subject: Stray Voltage Liability Proposal in Wisconsin Budget
Date: Fri, 09 Mar 2001 15:44:17 -0600
From: Darlene Raunio
To: (Recipient list suppressed)
Stray Voltage. Org - La Crosse Tribune
http://www.strayvoltage.org/wwwboard/messages/25.php3
Stray voltage liability proposal in Wisconsin budget
Budget proposal would give utilities stray voltage immunity
By CHRIS HARDIE
Local news editor
A proposal in the state budget that would protect electrical utilities
from
stray voltage lawsuits has sparked controversy among state legislators
and
farmers.
The proposal would give a public utility immunity for any damage
caused by
stray voltage if the electrical readings on the farm do not reach the
standard recognized by the Wisconsin Public Service Commission. That
level
is 1 volt of 60-hertz electricity measured at cow contact, or .5 volts
of
electrical current coming from the utility system.
Stray voltage leaks into the ground from electrical wires. It can
cause
problems with cows' health and milk production. Farmers and some
medical
professionals say it can harm human health as well, but the state has
no
human health standards.
Several legislators said they were not aware of the proposal until
contacted by the La Crosse Tribune. The proposal is contained on pages
1,664 and 1,665 of Gov. Scott McCallum's budget, which is more than
1,800
pages. It was included in the budget at the request of Xcel Energy,
formerly Northern States Power Co., company spokesman Brian Elwood
said
Thursday.
"This reinforces but does not change any standards set by the PSC,"
Elwood
said. "That standard is based on years and years of research based on
stray
voltage. It does not eliminate any liability if the utility's
contribution
of stray voltage on a farm is above the level of concern."
Elwood said he couldn't comment on specific lawsuits but said there
have
been cases where the utility has lost cases in court when the farmer
has
had stray voltage levels under the PSC standard.
Elwood said the proposal would benefit all utilities and rate payers
who
have to pay for the costs of stray voltage lawsuits. "We believe this
would
be some benefit to our rate payers from claims being filed against us."
John Schachtner, a Deer Park, Wis., farmer in partnership with his
brother
who was involved in a stray voltage case against NSP, called the
proposal
absurd.
"It's an absolute crime," Schachtner said Thursday.
Schachtner was awarded a $3.9 million judgment against NSP in 1999,
but
after NSP appealed, the case was settled through mediation in December
2000. Schachtner said he cannot reveal the settlement because of the
agreement terms but said it was less than $3.9 million.
David Danzinger of Alma and his brother Melvin won a $1.6 million
stray
voltage suit against NSP in 1994, which was upheld by a state appeals
court
in 1995. Danzinger, who said after trial expenses, attorney's fees and
taxes that he received only a third of the amount, also criticized the
budget proposal.
"I don't think there has to be any more laws in favor of NSP or Xcel,"
he
said. "It's almost impossible for the average dairy farmer, because of
the
cost, to get to a trial."
Elwood said another Xcel stray voltage proposal in the budget calls
for a
$4 million grant program where farmers could receive money from the
state
to pay for on-farm wiring improvements. The money would come from the
Public Benefits fund, a program funded by fees all electrical
customers pay.
Rep. Barbara Gronemus, D-Whitehall, said she will act to eliminate the
liability proposal.
"It's rather ironic they would ask for immunity when they claim there
is no
problem," Gronemus said of Xcel.
State Rep. DuWayne Johnsrud, R-Eastman, said he also is opposed to the
liability proposal. He sent a letter Thursday to Joint Finance
Committee
Co-Chairman Rep. John Gard to have the proposal removed from the
budget.
Johnsrud said he also is upset that Xcel representatives were at the
Capitol on Wednesday but did not mention the proposal to him.
"It's a little bit sleazy," Johnsrud said. "That really makes me mad.
Maybe
there's something good in this paying for some wiring, but it's just a
pig
in the poke to get immunity. I like people who say this is what we're
doing
and have it all in the open. They never said one word about (it)."
Rep. Al Ott, R-Forest Junction, chairman of the Assembly Agriculture
Committee, blasted McCallum and Xcel for the proposal, which he said
was
made without consulting the farm community.
"The effort on the part of Xcel Energy and the governor to release
utility
companies from all liability, will likely offset any progress that has
been
made in trying to contain and resolve the concerns associated with
stray
voltage," Ott said. "This will be incredibly divisive, pitting farmers
and
farm organizations against utilities."
Ott said McCallum also replaced Agriculture Secretary Ben Brancel
without
consultation, and he wants McCallum to talk with the farm community on
important issues like stray voltage.
"This liability exemption proposal is just an addition to the
governor's
list of agricultural faux pas," Ott said. "Believe me, the ag
community
will come out fighting on this one."
Ott said he tried to meet with McCallum on Thursday but was told the
governor and his policy staff were not available. Ott said he also
urged
Gard to drop the proposal from the budget.
Gard, R-Peshtigo, said Thursday night that he will meet next week with
Joint Finance Co-Chairman Sen. Brian Burke, D-Milwaukee, to discuss
policy
items in the budget. "There's a high likelihood Brian and I will agree
to
take this one out," Gard said. "It's a perfect one to take out and
have
people talk about it."
Lisa Hull of McCallum's press office said Thursday she was not
familiar
with the stray voltage proposal and referred questions to the PSC.
Mark Cook, head of the PSC's stray voltage program, said he is meeting
today with Chairperson Ave Bie to discuss the PSC's position on the
proposal. He called the stray voltage level of concern set by the PSC
"a
very conservative, pre-injury level … well below where a cow's
behavior or
milk production would be harmed.
"I, as staff, will always support what the governor puts in his final
budget," Cook said. "I really don't see the liability issue changing
anything we already do."
Scott Lawrence, an attorney from St. Nazianz, Wis., who has been
involved
in stray voltage lawsuits since 1985, said the proposal is an attempt
to
stack the deck so no one sues the utilities. "The odds are already
severely
tilted against the farmer; they should not be tilted further,"
Lawrence said.
Lawrence said the proposal would give utilities a permanent easement
to
Wisconsin farms. "Passage of this exemption would not only affect
farmers
who have the evidence, time and thick skin to bring lawsuits," he
said. "It
undoubtedly will cause rural utility representatives to provide poorer
service to all farm clients on stray voltage issues than they do now,
and
their record to date has generally been poor."
Bill Skewes, director of the Wisconsin Utilities Association, could
not be
reached for comment. Dave Jenkins of the Wisconsin Federation of
Cooperatives said the proposal only applies to public utilities, not
electrical cooperatives.
Xcel serves about 250,000 customers in Wisconsin, Elwood said.
Chris can be reached at chardie@lacrossetribune.com or (608) 791-8218
C.U.R.E. - Citizens United for Responsible Electricity
P.O. Box 43
Brantwood, WI 54513
715 - 564 - 3362 / 715 - 453 - 5575
www.toxicelectricity.com
www.strayvoltage.org
Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.emfguru.com