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Atiyeh, not voters, will select
power board representitives
L
By GREG WASSON
Of the Emerald
SALEM — Legislation allow
ing the governor to appoint
Oregon's two representatives to
the Northwest Regional Power
Council won approval 54-5 in
the House Tuesday.
Opponents centered their op
position on the claim the bill
violates the Oregon Constitu
tion.
According to the five law
makers, including Rep. Margie
Hendriksen, D-Eugene, a 1932
amendment, known as Article
Xl-D, says any state power
authority must be a three
member panel elected from the
entire state.
“I believe,” said Hendriksen
during debate, “that this con
stitutional provision places a
limitation on both the Legisla
ture and the governor, that the
people of Oregon have already
spoken through Xl-D as to how
1
Emerald graphic
we are to provide energy
development in this state."
The argument is that the two
council members must be ap
pointed by the Xl-D panel,
although that provision never
has been activated
Hendriksen joined five other
legislators to ask Attorney Gen
eral Dave Frohnmayer if a bill
allowing the governor to make
such appointments violated the
constitution. Frohnmayer said it
did not.
In an opinion issued March
20, Frohnmayer said Xl-D only
applies when the state is en
gaged in activities “related to
development of electric energy
in a proprietary capacity.” This
is different than when the state
acts in a regulatory sense, he
said.
One of the representatives
who queried Frohnmayer, Rep.
Bill Bradbury, D-Coos County,
disagreed with Frohnmayer’s
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opinion. He released a state
ment saying Frohnmayer’s
opinion assumed the only pur
pose of Article Xl-D was to put
this state in the development of
electric energy in a “proprietory
capacity."
"This is incorrect. While this
was one of the purposes or
possible courses of action, this
was not the only purpose of the
article,” Bradbury said.
Bradbury then cites the
Oregon State Grange, which
proposed the amendment in
1931. Its writings show the
grange wanted public control of
all electric energy aspects.
However, Bradbury didn't
convince many of his col
leagues on the floor. Another
representative who questioned
Frohnmayer, Rep. Rick
Bauman, D-Portland, said Xl-D
was an issue for another day.
"We cannot sweep the
Oregon Constitution under the
rug and pretend it doesn't exist.
It is there and it must be faced.
"I would hope that in a later
vehicle we can address the
question of Xl-D and the im
plementation of that article. But
right now we need to act so we
can reap the best possible ben
efits from what I believe to be an
unfortunate piece of federal
legislation.”
Rep. Wayne Fawbush, D
Hood River, head of the House
Energy Committee, said it was a
given that Oregon’s participa
tion in a regional act will be
challenged in court. But he
suggested the votes weren’t
there to address the issue legis
latively.
Bradbury used the legisla
ture to take another shot at the
federal act and what he sees as
a raw deal for Oregon. The
coastal representative com
plained the legislation requires
all Northwest rate payers to pay
for nuclear plants in Washing
ton.
“By participating in the power
council, we are mortgaging our
people for approximately one
third of the cost of those plants.
And that cost, which started at
$4.1 billion a few short years
ago, is now in excess of $18
billion."
But proponents of the bill said
even if Oregon refuses to par
ticipate, Oregon rate payers still
will have to pay.
=- •• • "• . ,il
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