The Preservation of Rural Iowa Alliance 
December 5, 2015  Newsletter 
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Message From The Board of Directors

This short newsletter is an update regarding recent events that have happened since we sent our newsletter on November 26th.  That newsletter described how RICL has been "on hold" for several months.  That has changed since RICL filed a motion with the Iowa Utilities Board requesting a "single proceeding in two phases."  This newsletter includes details about that motion and outlines what steps our organization is following to protect private property rights of all landowners impacted by the proposed RICL project.  
Please do not hesitate to call or email with questions or concerns.  We will be monitoring all activities of RICL and the IUB closely and we will keep you updated. 

Carolyn Sheridan 
Board of Director President 
On Behalf of The Preservation of Rural Iowa Alliance 
RICL filed a Third Bifurcation Motion with the Iowa Utilities Board 

On Monday November 30th RICL filed a motion with the Iowa Utilities Board that is very similar to the two previous bifurcation motions that were filed and denied by the IUB. 

Clean Lines states the following at the beginning of the document. 
"Clean Line's proposed schedule contemplates a single proceeding in two phases. The first phase, as described in detail below, considers issues related to the Project as a whole, including the -2- necessity of the Project to serve a public use, the relationship of the Project to an overall plan of transmitting electricity in the public interest, the appropriate route for the Project, and whether Clean Line is eligible to utilize the right of eminent domain generally (not an actual grant of eminent domain rights, but rather a legal determination of its eligibility to utilize the same if necessary). The second phase, as further described below, considers parcel-specific eminent domain issues only with respect to those parcels on which Clean Line has not yet, at that time, successfully negotiated a voluntary easement." 
  Click here  to read the entire motion. 

When this motion was filed our organization and legal team immediately began working on understanding this motion which appears to be another attempt at separating the franchise process.  This would be a negative for all landowners.  Currently we are preparing our resistance response motion that we will file with the Iowa Utilities Board. This resistance motion will be filed on behalf of all landowners in all 16 counties across the state. The document will be available to you at the time of the filing and you will receive it from the IUB if you have filed objections electronically.  We will also forward it to you in an email newsletter. 

Below is additional Information on previous bifurcation motions, PRIA resistance motions and the IUB rulings denying those motions. 

First Bifurcation Motion October 13, 2013 
IUB Ruling - denying the Bifurcation motion

Second Bifurcation Motion December 8, 2014 
Resistance motion by The Preservation of Rural Iowa Alliance 
Ruling by Iowa Utilities Board denying the 2nd motion 
WHAT CAN YOU DO? 

1. File an Objection Letter with the Iowa Utilities Board.  This must be done by Monday December 14, 2015 since there is a 14 day window for responding to a motion.  You can file electronically or by mail. 

Electronic filing: 
Click here to go to our Objection Tool Kit on our website. This tool kit includes instructions on how to use the IUB electronic filing system and 1 page Step by Step Instructions. 

File by Mail: 
You can also file your objection by mailing your form to the Iowa Utilities Board.   Click here for the suggested objection form or you can simply write your letter with out using the form.  Make certain the docket number for your county is on the letter. Click here for the docket numbers for all counties in Iowa. 
 
IUB mailing address:  
Executive Secretary, Iowa Utilities Board, 1375 E Court Ave Rm 69,                             Des Moines, Iowa 50319-0069.
 
IUB Contact Information 
             Phone:  877.565.4450  (toll-free) / 515.725.7321 
             Email:  [email protected] 

2. Stay informed.  Call or email us with questions or concerns. 

3. Notify our organization if you are contacted by RICL in any manner. 
Illinois Update 
Oral Arguments Heard by Illinois Third Appellate Court in Appeal of Rock Island Clean Line Case
 
On Tuesday, December 1, 2015 in Ottawa, Illinois, three Third Appellate Court judges heard oral arguments in the appeal of the Illinois Commerce Commission (ICC) ruling granting Rock Island Clean Line (RICL) public utility status. (Docket 12-0560)
Mary Mauch, ILA Executive Director said, "We are so pleased with the oral arguments prepared by our attorneys and the excellent presentation by Mr. Rippie. The three judges asked many direct questions that cut through the RICL stump speech and quickly got to the heart of the legal matters that we're working so hard to defend."
 
In conjunction with the oral arguments, the Appellate Court will review findings of fact and the ICC's application of the law to the facts. There is no time line for the Appellate Court to make a decision, although 2-3 months is typical.  Because of the volume of documents and the precedent setting nature of the case, it could be many months before a ruling is made.
 
For more information go to the Block RICL website or follow Block RICL on FaceBook .
Click to view voluntary easement numbers in each county
Voluntary Easements:   Remain at Less than 15% 

The number of voluntary easements  HAS NOT CHANGED with 
177 registered at county court houses in all 16 counties.
 
There are no Land Agents working in Iowa at this time    BUT Low numbers of voluntary easements continues to be a critical part of our strategic plan.   
  
Contact our organization if you hear from a land agent or if you are contacted by RICL by mail or phone. We cannot let our guard down during this self imposed "pause or break" being taken by RICL. 
Newsletter
Board of Directors
The Presevation of Rural Iowa Alliance
[email protected]
712-262-5229
  
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