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Lyn Brock's speech May 14, 2004 to House Interim Committee on Land Use Review, followed by Brock's meeting notes.

My name is Lyn Brock.  My husband and I farm in the Bonanza / Langell
Valley area.  I am distressed that the State of Oregon would consider
siting a huge power plant on land that is zoned for exclusive farm use.

I believe the State should consider which laws are applicable to deny
the siting if the siting is not in the best interests of the residents. 
I believe what is happening is that our politicians are trying to find a
way to interpret the laws to, to MANIPULATE the laws, to be able to site
this facility against the wishes of the constituents of Oregon
especially the constituents of Langell Valley.

As an example I will mention ORS 215.283:

215.283 Uses permitted in exclusive farm use zones in nonmarginal lands
counties. (1) The following uses may be established in any area zoned
for exclusive farm use:

      (a) Public or private schools, including all buildings essential
to the operation of a school.

      (b) Churches and cemeteries in conjunction with churches.

      (c) The propagation or harvesting of a forest product.

      (d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial facilities
for the purpose of generating electrical power for public use by sale or
transmission towers over 200 feet in height. A utility facility
necessary for public service may be established as provided in ORS 215.275.

The intent would appear to be that services necessary for a rural town
need to be sited and therefore might be allowable on land zoned for
exclusive farm use.  Towns do require land on which to site schools and
churches and cemeteries.   If the town of Bonanza needed a power plant
to meet the needs for power for the town, the surrounding residences, or
the farm uses, then a power plant should be allowable.  That seems to be
the intent of this law.  It also seems that the intent is that
"commercial facilities for the purpose of generating electrical power
for public use by sale" do NOT belong in an area zoned for exclusive
farm use.

I believe that the State of Oregon and its legislators and all its
agencies should apply these laws for the purpose of enforcing what is
best for the life and health and the wishes of the citizens of the area
not for economic development that is inappropriate or contrary to the
wishes of the citizens.

Melyn M. "Lyn" Brock
Bonanza, Oregon

May 14, House Interim Committee on Land Use Review, meeting held in Klamath Falls

My brief notes taken at meeting:

David Stewart Smith, Assistant Director of Oregon Department of Energy spoke concerning COB:  Notice of Intent was filed November 2001;  contested case decision is expected in September.  For Exception 3 there must be a public benefit [MY QUESTION:  Does there have to be more public benefit than detriment?];  proposal to use 60 plus acres out of EFU ... he could not say exactly how many acres and indicated that the folks in the back of the room might know this information (that would be the folks referred to as SORO or Stop the COB);  COB power would be put onto BPA line and PGE line and Pacificorp would maintain capacity.

Steve West:  Process is severely flawed;  majority of Board of Commissioners chose not to respond;  he has received limited party status for contested case;  EFSC not accountable but has a great deal of authority in Oregon;  power industry might be only class of industry that can circumvent land use laws;

Gail Whitsett:  Objects to location;  not decided yet by BPA to allow power on grid;  plant will be located directly above huge fault/  2200 feet vertical and visual displacement;  1992 and 1994 5.9 and 6.0 level earthquakes;

Roger Hamilton:  COB would produce 8% of CO2 produced by all power plants in Oregon;

Frank Goodson:  The fact that local people don't get to make the land use decisions is a problem.

This committe will accept written testimony.  It did not have to be presented that day .




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