STATE OF MINNESOTA                                                                             DISTRICT COURT

 

COUNTY OF RAMSEY                                                               SECOND JUDICIAL DISTRICT

_____________________________________                                          Case Type: Civil - Other

                                                                                                           Court File: 62-C3-99-010952

Power Line Task Force, Inc.,

 

                        Plaintiff,                                                                           

                                                                                                            AFFIDAVIT OF

v.                                                                                                      ROGER R. CONANT

 

Minnesota Environmental Quality Board,                                              

 

                        Defendant.

_____________________________________

 

STATE OF MINNESOTA      )

                                                ) ss.

COUNTY OF RICE                )

 

 

            Roger Conant, after being duly sworn on oath, states and deposes as follows:

 

  1. I am the spokesperson for the Power Line Task Force, Inc., which consists of people who live near or who will be impacted by the proposed line.  Our role is to develop information pertinent to the impact of the present and the proposed line on us and our neighbors.

                                                                    

  1. I was present on October 18, 2000, when Commonwealth Associates provided information regarding the proposed NSP powerline and 3 systems alternatives to the Steering Committee that had not previously been disclosed despite repeated and diligent questioning.  I was also present when Commonwealth Associates provided proof that the lines would be operated at much higher power flows than NSP claims.

 

  1. I attended a public meeting of the Steering Committee, which was formed after NSP’s application for a Conditional Use Permit in Mendota Heights was turned down.  The Steering Committee consists of the three mayors of the affected towns of South St. Paul, Sunfish Lake, and Mendota Heights, and was established by an identical resolution that was passed in each of the three communities.  The mayors got together to develop a record, and NSP agreed to pay the expenses, including that of consultants.  The Steering Committee selected from four consultants, and chose Commonwealth Associates, in part because it was the cheapest.  Commonwealth has a design contract in connection with the construction of the line in question, has characterized itself as reporting to NSP, and until recently, believed NSP to be part of the Steering Committee.  Commonwealth has every reason to favor NSP in its analyses.

 

  1. On September 18, 2000, I went to a Steering Committee meeting.  Commonwealth had only considered the alternative proposed by NSP, along Hwy. 110,  which is not a politically feasible route due to the many homes along the line that would be affected.  I raised the issue of looking at other system alternatives, pointing to the fact that MAPP had identified the North/South route to High Bridge, and asked that they at least look at the MAPP alternative.  Commonwealth was reluctant, they said it would be expensive to look at the other alternatives, it was not in their budget, and they felt it was not in their mandate.  At that point, the mayors vehemently disagreed, and Sunfish Lake Mayor Frank Tiffany took out the proposal and verified that system alternatives were indeed included for review.  When confronted with the proposal wording, Commonwealth agreed to go back and look at other systems possibilities

 

  1. Commonwealth had done a survey of the homes near the line through looking at aerial holographs, and the mayors felt that the information was not sufficient.  Commonwealth set “50 feet” as the benchmark, and reported so many within 50 feet and so many beyond 50 feet.  I pointed out the EMF is 4 times greater at 25 feet than at 50 feet, and hat there were many houses within that 20-25 feet range.  Commonwealth reluctantly greed to do an on site survey of those houses, at increments 25 and 50 feet.

 

            Newly Discovered Information - 3 systems alternatives, increased powerflows and        high EMF levels remain essentially unchanged

 

  1. Then on October 18, 2000, I attended another meeting of the Steering Committee.   At this meeting, two Commonwealth representatives were present.  Four NSP representatives, including Heidi Benedict, Patrick Cline, and two engineers.  Commonwealth presented its findings regarding system alternatives, and he identified that there were three potential alternatives.  These systems alternatives had not been revealed prior to this time.

 

  1. One alternative entailed rebuilding the High Bridge line to Rogers Lake, which avoids homes and raises none of the issues that we’ve been raising, either aesthetically, environmentally, or EMF.  This is similar to the alternative developed by MAPP power pool.  Two other alternatives were developed, which entailed stringing lines located south of the SE Metro line.  These alternatives also avoided the So. St. Paul and Sunfish Lake areas. 

 

  1. At the EQB meeting, Commissioner of Commerce Steve Minn asked Jim Alders whether here were alternatives, and Jim Alders said that there were no economically feasible lternatives.  He said that alternative would be economically unfeasible.

 

  1. Together with these One Line Diagrams of the system alternatives, Commonwealth presented charts and graphs that verified the electric and magnetic fields and noise levels that had been provided by NSP to the EQB. 

 

  1. Another important document that was disclosed was Table 7-1, which shows residences within 50 feet of Centerline.  The line itself is 20 feet wide, and clearances are calculated from the nearest conductor.  This chart shows that there are houses 14, 15, and 16 feet from the center line, and there are 45 houses within 50 feet, and within 35 feet of the conductor itself, assuming the conductor is 10 feet away from the center line.  This confirmed all of our concerns about the extreme nature of the placement of the powerline in relation to the homes.  The closeness of the line to the homes has not been a point of contention, but this shows just how close the line really is.  It appears possible that several homes encroach on the right of way, and it is demonstrated that four do encroach on the right of way.

 

  1. What is the most important thing is that NSP absolutely said at the EQB meeting was that there were no feasible alternatives to the proposed line, and that statement was determinative of the EIS need determination.   The main purpose of an EIS is to investigate alternatives to a proposed project.  If NSP had truthfully testified there were potential alternatives, the EQB would have been compelled order an EIS to look at those alternatives.  The EQB definitely was influenced by what we now know to be an incorrect statement by Mr. Alders that there were no practical alternatives.

 

  1. Because the SE Metro line is owned and managed by NSP, and because NSP’s Senior Transmission Engineer, Walt Grivna, actively participated in the development of the MAPP plans, NSP knew or should have known of the alternatives and should have disclosed these alternatives for consideration of the EQB.  Instead, it proffered an alternative that it knew to be politically unacceptable.  Had NSP acted appropriately, the resulting EQB decision would have been different and an EIS would have been ordered to review the alternatives.  But for NSP’s withholding of information, the EIS would have been ordered.

 

  1. As part of its presentation, Commonwealth noted that the proposed new line is intended to meet new demand created by industrial development in the Lone Oaks area and potential new industrial development adjacent to the Mall of America in Bloomington.  In its presentation, Commonwealth did not suggest that the new line would serve the residents of homes adjacent to the line nor the communities in which they reside.  Information on the service area of the line was not provided by NSP to the EQB.  Rather, NSP maintained that the line was needed to serve the needs of the communities through which it passes, as stated in the opening line of the EAW.  The Commonwealth examination of systems alternatives was confined to the area immediately adjacent to the proposed new line.  Since the line is intended to serve industry in distant communities, there are likely to be many additional possible alternatives in areas adjacent to the industrial areas in Lone Oaks and Bloomington.

  2. A third important point has been demonstrated by the documents revealed on October 18, 2000, specifically Table 3-1.  NSP has claimed that the EMF levels emanating from the line will decrease after the upgrade due to phase cancellation.  The documents that were provided by Commonwealth show that the power levels will be much higher than those shown in the EAW.  We believe that the data released October 18, demonstrates that the EMF will in fact be much higher than that presented by NSP because the capacity is much higher than was represented and the power flows will be running much higher.  This has been verified by our engineer, David A. Blecker, P.E.

 

            Solid Research Released Regarding EMF

 

  1. NSP consistently maintains that it is an authority on the scientific work regarding EMF.  In its publication, Electric and Magnetic Fields, Answers to Frequently-asked Questions, NSP states that it “is sensitive to our customers’ concerns about EMF.”  The utility touts that we “continue to actively monitor research through our participation in the Electric Power Institute (EPRI).”  It continues, “NSP research reviews research on the issue and incorporates the conclusions in its planning and operation of transmission and distribution lines.”  NSP’s EMF Issues Manager, Heidi Benedict, is an EMF specialist at NSP, and James Alders claims to have headed the EMF department for many years. 

 

  1. NSP maintains that there is no solid evidence that EMF constitutes a health danger.  In the publication cited above.  NSP states, “The simple fact is after more than 30 years of intensive research on power lines and EMF, there is no evidence of health effects from power lines or exposure to EMF, even at high levels.”  Jim Alders made an essentially identical assertion when testifying before the EQB.

 

a.                   Four very important studies have just been released regarding EMF.  A major study entitled “A pooled analysis of magnetic fields and childhood leukemia,” has just been published in the British Journal of Cancer, September 2000, p. 692-698.  It pooled data drawn from 9 recent studies.  While noting that only 0.8% of the population receives exposure higher than 4 mG, it demonstrated a clear and consistent pattern of significant risks for average exposures above that level.  All of the homes adjacent to the powerline experience EMF levels greater than the 4 mG level, and therefore, this study suggests those who live in those homes have a heightened risk of contracting leukemia.  See attached Exhibit H.  The importance of this study is recognized in the prestigious publication Microwave Age, and in the Journal of the Bioelectromagnetics Society.

 

b.                  A study produced by Bristol University and published in the International Journal of Radiation, Vo. 75, No. 12, p. 1505-1521, addressed the dangers of electric fields, as opposed to magnetic fields.  It concludes that individuals living within 1,000 feet of a powerline have a heightened risk of cancer.  This research has been        validated by soon to be published epidemiological studies conducted at the same university.

 

c.                   Two studies have been published in the Journal of Environmental Perspectives, which is jointly produced by the U.S. Department of Health and U.S. Department of Health and Human Services.  One study noted that cells remain in an undifferentiated, precancerous state when under the influence of EMF of the type and strength experience by those who live near the Southeast Metro line (Vol. 108, No. 10, October, 2000).  A second study appeared in the August edition of the same journal (Vol. 108, No. 8), which concludes that EMF of the type and        intensity experienced by those who live near the SE Metro line can cause heart rate variability of the type that ordinarily leads to heart attacks.  See attached Exhibit D.

 

19.              A scientist with the Electric Power Research Institute (EPRI) is co-author of the latter study.  As noted above, NSP/Xcel claims its membership in the EPRI gives it special insight into EMF research.  A NSP/Xcel staff member heads the EPRI research Committee, and Heidi Benedict sits on its committee that oversees EMF research.  Accordingly, NSP/Xcel knew or should have known of this ongoing research at the same time it was claiming before the EQB that there were no important scientific research studies that validated concerns regarding EMF.

 

Further your affiant sayeth not.

 

                                                                                    ____________________________

                                                                                    Roger R. Conant

 

Signed and sworn to before me this

____ day of ___________, 2000.

 

 

 

___________________________

Notary Public