March 6, 2003

By Matt Schafer

and Justin Rubner

mschafer@mdjonline.com

Marietta Daily Journal Staff Writers

The Marietta Daily Journal

Marietta, Georgia

To submit a Letter to the Editor: letters@mdjonline.com

Atlanta, Georgia - In a bold move on Wednesday, a state House subcommittee approved a bill that would completely strip the right of eminent domain from electric power companies.

House Judiciary Chairman Tom Bordeaux (D-Savannah) sponsored what he called a "two-by-four" to get the attention of the electric power industry. The industry has been sharply criticized for its lack of response to the public when seizing private land to build power lines.

Bordeaux's bill is even stricter than one introduced recently by Rep. Judy Manning (R-Marietta), which calls for state oversight of the industry.

Bordeaux made the move after a Georgia Power lawyer said his company's unchecked use of eminent domain is "a good thing."

During testimony in front of the subcommittee, Bordeaux characterized the power companies" unsupervised ability to seize public land as a "benevolent dictatorship."

Dick Tinsinger, an attorney for Georgia Power replied, "Maybe a benevolent dictatorship is a good thing."

His remark didn't go over well with the five-member Commercial Legislation Committee, which unanimously approved Bordeaux" bill.

"I'm going to vote for House Bill 664 because if any industry thinks being a benevolent dictator is a good thing then they are exactly the industry that needs to lose that power," Rep. Curt Thompson (D-Norcoss) said.

The harsh language of the bill and the lawmakers" support came as welcome relief to Manning, who has been leading Cobb County"s fight against the power companies" use of eminent domain since last year.

Georgia Transmission Corporation, which provides electricity and is the construction arm of much of the state's power industry, wants to build a six-mile transmission line on Dallas Highway. The plan has met with staunch resistance from west Cobb residents and county leaders.

Ms. Manning's bill requires electric power companies to attain a certificate of need from the Public Service Commission and have the transmission lines" route approved by the Environmental Protection Department. It also calls for the industry to hold at least three public hearings before seizing land for power lines.

At a three-hour hearing in front of the same subcommittee in January, the power companies made a long presentation but did not offer any compromise.

"I think they were more arrogant today then they were before," Ms. Manning said. "I think they thought that they had it made -- that they were going to snuff me out like a candle."

During Wednesday’s hearing, the power companies said any loss of eminent domain would ultimately lead to a loss of power. Also, under questioning from Bordeaux, several said there was no problem with the current law.

GTC Spokesman Craig Heighton called the bill "ill-considered" and said it would "seriously jeopardize" the industry's ability to deliver power to residents.

"Every Georgian should be disappointed with what happened in the sub-committee today," Heighton said. "Although there was sound compromise on the table, the sub-committee ignored it and adopted the most Draconian measure possible."

He went on to say the issue of eminent domain has been overblown, since it is rarely used.

Even if the power is rarely used, those homeowners affected by the process could care less.

One such resident is west Cobb resident Newt Nickell of the grassroots Homeowners Opposing Power-line Encroachment. He is hoping for a compromise that both parties can agree on.

But such a settlement has been difficult to reach.

"It's unfortunate that the power industry views public oversight and electrical reliability as mutually exclusive," said Nickell, who attended Wednesday's session. "The industry continues to insist the only way to run the business is with no oversight -- no due process for the citizens. You don't have to have a dictatorship to have reliable electricity."

Ms. Manning said there would likely be a committee substitute to Bordeaux' bill, and that it's possible her bill would not move out of the subcommittee. But that's fine with her.

"Just so long as the public has their say, that's what this is all about," she said.

The power industry is backing a bill offered by Commercial Legislation Subcommittee Chairman Jim Stokes (D- Covington).

Although Stoke's bill would require a hearing before the PSC, the public would not be allowed to comment at the hearing.

Stokes' bill would grandfather in existing plans -- meaning the west Cobb construction would not be affected.

Bordeaux's bill is now awaiting a hearing in the judiciary committee, but most observers, Ms. Manning included, said there would probably a substitute drafted before it could be voted on.

Also, several local lawmakers in the House and Senate have said they don't believe the bill would reach the House floor, or pass the Senate this year.

However, Ms. Manning believes they are making progress.

"They thought they were above the law," Ms. Manning said about the power companies. "I think we are coming closer to bringing everyone to the table. If not this year, then next year."

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