Dear County Commissioners and Legal Counsel Mr. Hopkins,
As a taxpayer in Cascade County I am very concerned that our planning department is moving too swiftly to satisfy SME's requests for a "land conformance permit". This apparently even before the legal process on the HGS land rezoning issue is resolved. It was SME whom recently pleaded in court for a quick response from the district court and was granted same by judge Phillips. Now we see them (SME) beginning construction before the judge can even get his early ruling out.
I would think that a project of this size ($900,000,000 plus) should logically require some sort of financial guarantees to insure it is completed once construction begins. Has that occurred to your satisfactions? Has all permits from state and federal agencies been secured before the county issues the "land conformance permit"? My understanding is that this is not the case. You must be aware of the need to have a completed Section Ten permit from the Army Corp of Engineers in order for the HGS to obtain raw cooling water from the Missouri River without which it can never come on line. The air quality permitting process is not yet completed and is under litigation. Also, there is the matter of complying with the federal 106 process which has also not been completed. There are many unanswered questions and I would hope you take very adequate precautions to protect the taxpayers of this county.
I am including below a possible scenario of what I believe could happen if Mr. Clifton acts in haste in issuing the "land conformance permit" to satisfy SME requests before the rezoning litigation is completed. I have also sent this to the Tribune as a "Letter To The Editor".
Sincerely,
Neil J. (Jerry) Taylor
Taxpayer
This is Mr. Taylor's letter to the editor which appeared in today's Tribune:
Will Cascade County be bankrupted? Here’s a possible scary scenario:
The county issues Southern Montana Electric (SME) a “location/conformance permit” allowing construction to begin on the Highwood Generation Station (HGS). The county does this, prematurely, before the court rules on the landowner’s lawsuit against the county’s rezoning of the HGS site to heavy industrial; this lawsuit is presently making its way through the court system. SME then has a county permit allowing it to commence meaningful construction at the site investing money, resources, time, and effort.
If the court later rules in favor of the landowners, the land reverts back to agricultural zoning and the HGS cannot be built there. Does SME then have legal grounds against the county? They were issued a county permit to begin construction and have proceeded on that premise. A judgment in favor of SME could amount to millions of dollars of loss to taxpayers and bankrupt Cascade County for many years.
Please contact your commissioners (406-454-6810) and tell them to not unwisely issue a location/conformance permit for the HGS until the court renders its final decision on the rezoning lawsuit. To do otherwise would be irresponsible on the part of our County Planning Department and our County Commission.
As a taxpayer in Cascade County I am very concerned that our planning department is moving too swiftly to satisfy SME's requests for a "land conformance permit". This apparently even before the legal process on the HGS land rezoning issue is resolved. It was SME whom recently pleaded in court for a quick response from the district court and was granted same by judge Phillips. Now we see them (SME) beginning construction before the judge can even get his early ruling out.
I would think that a project of this size ($900,000,000 plus) should logically require some sort of financial guarantees to insure it is completed once construction begins. Has that occurred to your satisfactions? Has all permits from state and federal agencies been secured before the county issues the "land conformance permit"? My understanding is that this is not the case. You must be aware of the need to have a completed Section Ten permit from the Army Corp of Engineers in order for the HGS to obtain raw cooling water from the Missouri River without which it can never come on line. The air quality permitting process is not yet completed and is under litigation. Also, there is the matter of complying with the federal 106 process which has also not been completed. There are many unanswered questions and I would hope you take very adequate precautions to protect the taxpayers of this county.
I am including below a possible scenario of what I believe could happen if Mr. Clifton acts in haste in issuing the "land conformance permit" to satisfy SME requests before the rezoning litigation is completed. I have also sent this to the Tribune as a "Letter To The Editor".
Sincerely,
Neil J. (Jerry) Taylor
Taxpayer
This is Mr. Taylor's letter to the editor which appeared in today's Tribune:
Will Cascade County be bankrupted? Here’s a possible scary scenario:
The county issues Southern Montana Electric (SME) a “location/conformance permit” allowing construction to begin on the Highwood Generation Station (HGS). The county does this, prematurely, before the court rules on the landowner’s lawsuit against the county’s rezoning of the HGS site to heavy industrial; this lawsuit is presently making its way through the court system. SME then has a county permit allowing it to commence meaningful construction at the site investing money, resources, time, and effort.
If the court later rules in favor of the landowners, the land reverts back to agricultural zoning and the HGS cannot be built there. Does SME then have legal grounds against the county? They were issued a county permit to begin construction and have proceeded on that premise. A judgment in favor of SME could amount to millions of dollars of loss to taxpayers and bankrupt Cascade County for many years.
Please contact your commissioners (406-454-6810) and tell them to not unwisely issue a location/conformance permit for the HGS until the court renders its final decision on the rezoning lawsuit. To do otherwise would be irresponsible on the part of our County Planning Department and our County Commission.
2 comments:
Out of control environmentalists will sink this state yet. We NEED industry, not a bunch of whiners who already have theirs, and don't give a darn about anyone else.
"Jerry" needs to wake up and listen to people who are smarter than he is who endorse this plant.
Anon 3:31 says "Jerry" needs to wake up and listen to people who are smarter than he is who endorse this plant.
Anon, I have never claimed to be the smartest person weighting in on this subject, but this is just a "no-brainer" for anyone who likes to breathe fresh air and view our beautiful skies. You need to analyze NO FUTHER than that to arrive at a proper conclusion, no doctorate required......Jerry
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