Federal legislation aims to curb FERC

CRESCENT BAR - Federal Judge Justin Quackenbush is still sitting on key decisions in the Crescent Bar residents-vs-Grant County PUD lawsuit, but there is potentially good news for the islanders in Congress.

Bills aimed at controlling the Federal Energy Regulatory Commission's power over residents of FERC project sites were introduced in the House of Representatives on Oct. 20 and the Senate on Oct. 24.

The short title of the identical bills is "Landowner Protection Act of 2011". Although the bills do no mention leased land, Crescent Bar Condos representative Heather Trautmann believes the bills would favor her and other Crescent Bar residents on leased land.

According to Trautmann, the intent of the act is to protect residents within FERC-controlled lands.

The bills amend existing law pertaining to the FERC. They deal with removal or modification of existing nonconforming structures or encroachments.

In section A, the bill reads, in part: "the Commission (FERC) shall not require the removal or modification of any existing nonconforming structure or encroachment within the project boundary."

The bill makes exception for nonconforming structures or encroachments built in "bad faith."

The bills were forwarded to the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce. If they are approved and signed by President Obama, they will go into effect on Jan. 1.

The leases the island residents have with the PUD are set to expire in the spring.

The sponsor of the bill in the Senate is Claire McCaskill of Missouri. In the House, the sponsors include Blaine Luetkemeyer, Jo Ann Emerson, Lacy Clay, Todd Akin, Sam Graves, Russ Carnahan and Emanuel Cleaver, all of Missouri.

The FERC has a project site in Missouri with a situation similar to the one at Crescent Bar. According to Trautmann, there are several such FERC sites around the country.