Subject: Voltage Proposal Losing Strength (Raunio)
Date: Tue, 13 Mar 2001 183805 -0600
From: Roy Beavers
To: guru
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......From EMF-L........
Don't you just FEEL for those POOR maligned helpless "innocent" power
companies.....!!! Note, Xcel gave as justification (for this anti-human life
law)
that, "it would be a fair exchange" because the people have the right to sue
-- to take that right away from them because the exposure "standard" is
being tightened......!!!!
Xcel seems to think that this is just a big basketball game that is being
played.
......If the basket is to be lowered ... then the "score" shouldn't count......
IF this is a "game" -- it is a game of life, death, health, people's rights and
property rights.... It is NOT a basketball game..... guru.........
-------- Original Message --------
Subject: Voltage Proposal Losing Strength
Date: Tue, 13 Mar 2001 18:15:52 -0600
From: Darlene Raunio
To: (Recipient list suppressed)
Milwaukee Journal Sentinel
http://www.jsonline.com/news/state/mar01/volt13031201a.asp
Voltage proposal losing strength
Budget item would spare utilities some cow-shock lawsuits
By STEVEN WALTERS
of the Journal Sentinel staff
Last Updated: March 12, 2001
Madison - Gov. Scott McCallum's proposal to give utilities new legal immunity
from some stray-voltage lawsuits involving dairy cows is drawing opposition from
state legislators and opponents of a northern Wisconsin power line and is now so
controversial it is expected to be tossed out of the state budget.
Ignoring the advice of the outgoing state agriculture secretary and key
lawmakers, McCallum tucked into his proposed 2001-'03 budget a change that would
prohibit anyone from suing over stray-voltage losses if the voltage level is
below a standard set by the state.
In 1996, the state Public Service Commission set a stray-voltage "level of
concern" at 0.5 of a volt and said utilities must pay to fix the problems if the
level exceeds that standard. In McCallum's budget, public utilities could not be
sued if the voltage level on a farm is less than that level. Under current law,
there are no restrictions on when a farmer could sue.
Executives of Xcel Energy, which bought Northern States Power Co., pushed for
the new legal immunity, saying it would be a fair exchange since McCallum's
budget also includes a new grant program to give farmers money to buy new
equipment to reduce stray voltage.
Xcel spokesman Brian Elwood said eliminating the right to sue for stray voltage
of less than a half-volt would be offset by McCallum's call for $1.5 million in
new grants to farmers next year and $2.5 million the following year. Farmers
could use that money to update electrical systems, Elwood added.
Protection against suits
New immunity from lawsuits is needed because public utilities have been "subject
to multiple levels of concern" as juries in different counties have found
utilities liable in stray-voltage cases, Elwood said. He said utilities have
lost some stray-voltage lawsuits that involved levels of less than 0.5 of a
volt.
In 1999, for example, a St. Croix County jury returned a $1 million verdict in a
stray-voltage suit against NSP filed by two dairy farm families.
Because the jury also concluded that the utility had acted in a "reckless
manner," the damages were tripled, under a separate state law. The change sought
by McCallum would also eliminate the ability of farmers who win lawsuits to
collect triple damages, in some cases.
NSP settled that lawsuit last year, and both sides agreed to not discuss terms
of the settlement, said Elwood and Barry Hammarback, the lawyer for the farmers.
Hammarback said making it impossible to sue utilities for stray voltage under
0.5 of a volt is unfair to farmers because the state Public Service Commission
"doesn't listen to the farmer. They listen to what the utilities are telling
them."
But Public Service Commission Chair Ave Bie said the agency receives about 40
stray-voltage complaints per year and works with utilities to quickly test
electricity at specific sites and resolve the complaints.
A problem for cows
Stray voltage, studied for decades and the subject of dozens of Wisconsin
lawsuits, occurs when cows or other farm animals come into contact with
something as common as a food or water bowl that is energized.
Wherever power lines, transformers and electrically powered devices are
grounded, a small amount of current flows into the ground. Voltage can be
detected at those sites. If this voltage reaches sufficient levels, a cow
simultaneously contacting two grounded devices could receive a mild electrical
shock.
Besides killing or injuring cows, stray voltage can interrupt their milk flow
and make them nervous.
State Agriculture Secretary Ben Brancel, whom McCallum replaced effective
Monday, said that he argued against giving utilities any new legal immunity but
that the governor ignored that advice.
"Stray voltage cannot automatically be eliminated with one single provision in
the budget," said Brancel, a former dairy farmer. "There are other ways to
resolve it."
Measure may be killed
Three veteran Republican legislators vowed to either kill the new legal immunity
recommendation or, at a minimum, remove it from the budget.
McCallum's backing of legal immunity amounted to "throwing a hand grenade" into
decades of negotiations and research over stray voltage, said Assembly
Agriculture Committee Chairman Al Ott (R-Forest Junction). "This isn't the way
to control and deal with stray voltage; it's not that easy."
Ott accused the governor of not being sympathetic to the problems of farmers, a
charge McCallum aide Lisa Hull denied.
Hull said Ott is still angry that McCallum ousted Brancel, although he will be
replaced with career St. Croix County farmer Jim Harsdorf, a former state
senator.
But veteran Reps. John Gard (R-Peshtigo) and DuWayne Johnsrud (R-Eastman) are
demanding that the provision be pulled from the state budget.
Gard and state Sen. Brian Burke (D-Milwaukee), co-chairman of the Joint Finance
Committee, said they will include the measure on the list to be announced of
non-spending provisions to be dropped from the budget and debated separately.
McCallum's call for public utilities to get new legal immunity has tangled the
stray-voltage debate into another controversy.
Opponents of the Arrowhead-Weston transmission line proposed for northern
Wisconsin say the governor's changes would limit their ability to sue power
companies for health damages caused by the 240-mile power line that would run
from Duluth to near Wausau.
Mary Zimmerman of Brantwood, founder of the non-profit group Citizens United for
Responsible Energy, said no one could sue over health damage caused by the
transmission line if the legal immunity backed by McCallum became law.
But Hull and others say there is no connection between the stray-voltage
provision the governor requested and the Arrowhead-Weston power line. "I think
that's absolutely off-base," Hull said.
Appeared in the Milwaukee Journal Sentinel on March 13, 2001.
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
or view more articles @
www.strayvoltage.org
--------------1D17AEC4184092A3A99E1758
Content-Type: text/html; charset=us-ascii
Content-Transfer-Encoding: 7bit
......From EMF-L........
Don't you just FEEL for those POOR maligned helpless "innocent" power
companies.....!!! Note, Xcel gave as justification (for this
anti-human life law)
that, "it would be a fair exchange" because the people have the right
to sue
-- to take that right away from them because the exposure "standard"
is
being tightened......!!!!
Xcel seems to think that this is just a big basketball game that is
being played.
......If the basket is to be lowered ... then the "score" shouldn't
count......
IF this is a "game" -- it is a game of life, death, health, people's
rights and
property rights.... It is NOT a basketball game..... guru.........
-------- Original Message --------
| Subject: |
Voltage Proposal Losing Strength |
| Date: |
Tue, 13 Mar 2001 18:15:52 -0600 |
| From: |
Darlene Raunio <darvr@newnorth.net> |
| To: |
(Recipient list suppressed) |
Milwaukee Journal Sentinel
http://www.jsonline.com/news/state/mar01/volt13031201a.asp
Voltage proposal losing strength
Budget item would spare utilities some cow-shock lawsuits
By STEVEN WALTERS
of the Journal Sentinel staff
Last Updated: March 12, 2001
Madison - Gov. Scott McCallum's proposal to give
utilities new legal immunity from some stray-voltage lawsuits involving
dairy cows is drawing opposition from state legislators and opponents of
a northern Wisconsin power line and is now so controversial it is expected
to be tossed out of the state budget.
Ignoring the advice of the outgoing state agriculture secretary and
key lawmakers, McCallum tucked into his proposed 2001-'03 budget a change
that would prohibit anyone from suing over stray-voltage losses if the
voltage level is below a standard set by the state.
In 1996, the state Public Service Commission set a stray-voltage "level
of concern" at 0.5 of a volt and said utilities must pay to fix the problems
if the level exceeds that standard. In McCallum's budget, public utilities
could not be sued if the voltage level on a farm is less than that level.
Under current law, there are no restrictions on when a farmer could sue.
Executives of Xcel Energy, which bought Northern States Power Co.,
pushed for the new legal immunity, saying it would be a fair exchange since
McCallum's budget also includes a new grant program to give farmers money
to buy new equipment to reduce stray voltage.
Xcel spokesman Brian Elwood said eliminating the right to sue for stray
voltage of less than a half-volt would be offset by McCallum's call for
$1.5 million in new grants to farmers next year and $2.5 million the following
year. Farmers could use that money to update electrical systems, Elwood
added.
Protection against suits
New immunity from lawsuits is needed because public utilities have
been "subject to multiple levels of concern" as juries in different counties
have found utilities liable in stray-voltage cases, Elwood said. He said
utilities have lost some stray-voltage lawsuits that involved levels of
less than 0.5 of a volt.
In 1999, for example, a St. Croix County jury returned a $1 million
verdict in a stray-voltage suit against NSP filed by two dairy farm families.
Because the jury also concluded that the utility had acted in a "reckless
manner," the damages were tripled, under a separate state law. The change
sought by McCallum would also eliminate the ability of farmers who win
lawsuits to collect triple damages, in some cases.
NSP settled that lawsuit last year, and both sides agreed to not discuss
terms of the settlement, said Elwood and Barry Hammarback, the lawyer for
the farmers.
Hammarback said making it impossible to sue utilities for stray voltage
under 0.5 of a volt is unfair to farmers because the state Public Service
Commission "doesn't listen to the farmer. They listen to what the utilities
are telling them."
But Public Service Commission Chair Ave Bie said the agency receives
about 40 stray-voltage complaints per year and works with utilities to
quickly test electricity at specific sites and resolve the complaints.
A problem for cows
Stray voltage, studied for decades and the subject of dozens of Wisconsin
lawsuits, occurs when cows or other farm animals come into contact with
something as common as a food or water bowl that is energized.
Wherever power lines, transformers and electrically powered devices
are grounded, a small amount of current flows into the ground. Voltage
can be detected at those sites. If this voltage reaches sufficient levels,
a cow simultaneously contacting two grounded devices could receive a mild
electrical shock.
Besides killing or injuring cows, stray voltage can interrupt their
milk flow and make them nervous.
State Agriculture Secretary Ben Brancel, whom McCallum replaced effective
Monday, said that he argued against giving utilities any new legal immunity
but that the governor ignored that advice.
"Stray voltage cannot automatically be eliminated with one single provision
in the budget," said Brancel, a former dairy farmer. "There are other ways
to resolve it."
Measure may be killed
Three veteran Republican legislators vowed to either kill the new legal
immunity recommendation or, at a minimum, remove it from the budget.
McCallum's backing of legal immunity amounted to "throwing a hand grenade"
into decades of negotiations and research over stray voltage, said Assembly
Agriculture Committee Chairman Al Ott (R-Forest Junction). "This isn't
the way to control and deal with stray voltage; it's not that easy."
Ott accused the governor of not being sympathetic to the problems of
farmers, a charge McCallum aide Lisa Hull denied.
Hull said Ott is still angry that McCallum ousted Brancel, although
he will be replaced with career St. Croix County farmer Jim Harsdorf, a
former state senator.
But veteran Reps. John Gard (R-Peshtigo) and DuWayne Johnsrud (R-Eastman)
are demanding that the provision be pulled from the state budget.
Gard and state Sen. Brian Burke (D-Milwaukee), co-chairman of the Joint
Finance Committee, said they will include the measure on the list to be
announced of non-spending provisions to be dropped from the budget and
debated separately.
McCallum's call for public utilities to get new legal immunity has
tangled the stray-voltage debate into another controversy.
Opponents of the Arrowhead-Weston transmission line proposed for northern
Wisconsin say the governor's changes would limit their ability to sue power
companies for health damages caused by the 240-mile power line that would
run from Duluth to near Wausau.
Mary Zimmerman of Brantwood, founder of the non-profit group Citizens
United for Responsible Energy, said no one could sue over health damage
caused by the transmission line if the legal immunity backed by McCallum
became law.
But Hull and others say there is no connection between the stray-voltage
provision the governor requested and the Arrowhead-Weston power line. "I
think that's absolutely off-base," Hull said.
Appeared in the Milwaukee Journal Sentinel on March 13, 2001.
C.U.R.E. - Citizens United
for
Responsible Electricity
P.O. Box 43
Brantwood, WI 54513
715 - 564 - 3362 / 715 - 453 - 5575
<darvr@newnorth.net>
www.toxicelectricity.com
or view more articles @
www.strayvoltage.org
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Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.emfguru.com