County made a timely play in power line appeal
by Editorial
Jul 13, 2010 | 1293 views | 0 0 comments | 19 19 recommendations | email to a friend | print
It’s been the burning question around town in recent weeks: Would Tooele County go to court to fight Rocky Mountain Power’s plan to string massive transmission lines along Tooele’s southeast benches? Or would the county accept as final — and perhaps inevitable — a decision by the Utah Utility Facility Review Board that the county must issue a conditional use permit for the project?

That question was answered last week when Tooele County Attorney Doug Hogan announced the county’s legal strategy. He will first ask the board to stay its own order — a request that will almost certainly be denied. Then he will ask the state Court of Appeals to stay the order while also requesting it review whether or not the board followed its legislative mandate properly in arriving at the June decision.

We like that strategy and think it shows good common sense. After all, neither the stay nor the appeal are likely to incur significant legal costs, given that the county isn’t trying to make a exhaustive case against the power line route but rather simply questioning whether the board did the job for which it was established. And on the plus side, if the stay is granted while appeals and future appeals are heard, the project could be delayed indefinitely. That certainly benefits the county, since RMP has been going full steam ahead on its internal timetable and keeps asserting that it can’t accept any delays.

Time is money to RMP, and that gives Tooele County considerable bargaining leverage if it can slow down the process.

A delay might also buy the county enough time to look for remedies in the next legislative session, such as asking lawmakers to decide if the utility facility review board is performing the function for which it was established. That might also force the board to rehear the county’s case against the southeast bench route under guidelines much more favorable to the county.

Throughout much of this long-running battle between the county and RMP, Hogan has looked like a lone warrior fighting off the company’s hordes of attorneys and technical advisers. It’s a fight that has probably sharpened his understanding of the fact that while the company has all the resources in the world at its disposal, time is the one weapon that can be used against it.
Comments
(0)
Comments-icon Post a Comment
No Comments Yet
report abuse...

Comments will be posted after review. Please allow up to 24 hours for comment approval.

Readers are solely responsible for the content of the comments they post here. Comments do not necessarily reflect the opinion or approval of the Tooele Transcript-Bulletin. Abusive comments and users are subject to rejection or removal without notification.

We will reject and remove comments that contain any of the following: Potentially libelous statements; personal attacks, insults or threats; profanity or obscene references; copyrighted articles or information used without permission; promotional messages of a commercial nature; links to other Web sites; comments unrelated to the topic of the article.

By posting a comment, you are agreeing to abide by these guidelines. Violation of these guidelines may result in a user being barred from posting on the Web site.

Online Edition
Shadowbox Test Site

THIS WEEK'S ADS

BARGAIN BUGGY'S
To Flash Zoom Click HERE
Click HERE to visit our website



BIG O TIRES
To Flash Zoom Click HERE
Click HERE to visit our website



QUALITY AUTOMOTIVE
To Flash Zoom Click HERE
Click HERE to visit our website



RITZ THEATRES
To Flash Zoom Click HERE



MOUNTAIN WEST MEDICAL CENTER
To Flash Zoom Click HERE
Click HERE to visit our website



AMERICAN BURGERS
To Flash Zoom Click HERE
Click HERE to visit our website



DAVID K. PALMER
To Flash Zoom Click HERE



TRANSCRIPT BULLETIN PUBLISHING
To Flash Zoom Click HERE
Click HERE to visit our website