LMUD v PG&E

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LMUD ALLOWS  CADY  TO INTERVENE IN PG & E'S HYDRO LICENSE AGAIN

                     Anyone can file an "Motion to Intervene".    

 Evelene was directly involved with Frank Cady in the Motion to Intervene on the FERC P-2105.  LMUD has no "substantial environmental and recreational" interests in the PGE FERC license P-2105  

  LINK   LMUD INTERVENES WITH PGE    

                 LINK ARROWROCK INTERVENTION

Recent activity on the FERC license P-2105 involves stopping PG &E from effecting the recreational facilities at Walker Lake...future home of Dyer Mountain "four season" resort.

LMUD filed a "Motion to Intervene" when PG &E filed an application with FERC to alter their hydro license for that area.

Cady billed LMUD ratepayers for work that he did on the PG & E hydro issue. Thousands of dollars of work that ratepayers ended up paying for. 

Evelene Twitchell authorized these Cady invoices. She is either "dumber than dirt" or she is in collusion with Frank Cady. There is no winning choice here.

KWH FILES PROTEST ON lmud action FOR DYER MOUNTAIN

click HERE     KWH PROTESTS

AL VAZQUEZ 

IN CONFLICT  OF INTEREST  AGAIN

link  pge PUTS HYDRO ON HOLD

PG&E PUTS HYDROPOWER APPLICATION ON HOLD 

Click here for story     P-2105 PLACED ON HOLD 

( This license has a direct detrimental effect on the Dyer Mtn. Resort planned at Mt. Meadows Reservoir. See below and read  Dyer Mtn. )

PG & E is [Hydro Acquisition] ????? 

Frank Cady disguises billing to LMUD:  Cady Invoice

KWH files Brown Act Violation:

July 14, 2003

LMUD Board of Directors

Re: Brown Act Violation

Dear LMUD Board of Directors

On July 9, 2003, we received a copy of Mr. Cady's invoice to LMUD for April/2003 that stated clearly that Mr. Cady charged Lassen Municipal Utility Board .9 hours for "LMUD v [Hydro acquisition]. Mr. Cady failed to notify the LMUD Board who the defendant was in this action, [Hydro acquisition] or PG&E.  Government Code 54956.9 (a): litigation to which the local agency is a party, has been initiated.

On April 3, 2003 and May 8, 2003 the LMUD Board convened in closed session with legal counsel and did not identify that they have filed "litigation" or intended to file "litigation" against PG&E [Hydro acquisition].

LMUD stated in the Agendas that this closed session was convening under Government Code 54956.9 ( c ) not 54956.9 (a). They reported "NO ACTION'  in all cases, yet LMUD initiated an action to intervene in PG&E's application for FERC license P-2105. This action was filed with the Federal Energy Regulatory Commission on April 22, 2003 and May 20, 2003, respectively.

The public was never made aware of this action or any intended action on PG&E's application for a hydroelectric power license for the Feather River. 

Spiegel & McDiarmid (NCPA and LMUD's counsel in Washington D.C. ) filed a "Motion to Intervene" on PG&E's FERC application P-2105 on behalf of the interests of the NCPA Power Pool Members signatory to the Metered Subsystem Aggregator Agreement. Although LMUD is an associate member of NCPA, LMUD is not signatory to the action involving NCPA's Power Pool members.

LMUD Board members were aware of the NCPA's intent to file action on the FERC application. Frank Cady, according to his LMUD invoices, was in constant contact with Spiegel & McDiarmid.

NOTE:

Wayne Langston and Frank Cady attended a NCPA Strategic Workshop on January 21 to 23, 2003 and did not report to the public, at the February 4, 2003 LMUD meeting that NCPA was involving certain NCPA members in the FERC P-2105 application.

Wayne Langston was not present at the January 21, 2003 LMUD meeting. Wayne Langston listed on his "Board Member Statement of Meeting" January report that he attended the NCPA Strategic Workshop on January 23, 2003.

Evelene Twitchell attended a NCPA Legislative Rally in April/2003.

FERC accepted PG&E's application on December 26, 2002. LMUD or their legal counsel, Frank Cady, never informed the public of any involvement with NCPA and the PG&E application for a hydroelectric  licence.

Government Code 5496.9 defines "litigation" as any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising  its adjudicatory authority, hearing officer or aribitrator.

The public had a right to be informed of any action taken in closed session. 

This LMUD Board did not disclose action taken in closed session, with regards to their involvement with the "Motion to Intervene" in the PG&E FERC application P-2105.

Remedy:

This LMUD Board fully discloses, to the public, its full involvement with NCPA and the "Motion to Intervene" on PG&E's application for a hydroelectric license (FERC P-2105).

This LMUD Board fully discloses the reason that Frank Cady disguised the charges for legal fees for his services on the LMUD v [Hydro acquisition].

This LMUD Board apol0gizes in public and in writing to the ratepayers of LMUD for this deception.

This LMUD Board state, publicly that they will disclose all action taken in closed sessions.

This will include a full disclosure of funds expended for this action (legal fees, costs and reimbursements, travel, et al)

signed, KWH Executive Committee

KWH Discovers LMUD Deception:

FERC website:

"On December 26, 2002, the Commission issued a notice of application accepted for filing and soliciting motions to intervene for the upper North Fork Feather River Project No. 2105, located on the North Fork Feather River, in Plumas County, California. The notice established February 24, 2003, as the deadline for filing motions to intervene in this proceeding."

Lassen County Municipal Utility District led the public to believe that they were going into closed session on May 8, 2003 for "Arrowrock". This was not true. 

LMUD did however tell the truth about calling their attorney in Washington D.C., Spiegel and McDiarmid. Spiegel & McDiarmid is handling a FERC intervention for LMUD and other members of Northern California Power Agency (NCPA). LMUD pays Spiegel & McDiarmid thru Frank Cady's office.  

Spiegel & McDiarmid filed a  late "Motion to Intervene" with FERC, on May 20, 2003, on PG&E's application for hydroelectric power on the Feather River in Plumas County (P-2105). This "Motion to Intervene" was filed because NCPA has an interest in the proceedings. www.spiegelmcd.com 

NCPA has filed this intervention for its "pool members" signatory to the "Metered Subsystem Aggregator Agreement between NCPA and the ISO (Independent System Operator).  These NCPA pool members that are signatory to the MSAA  include the following: Plumas-Sierra

  Rural Electric Cooperative (PSREC), City of Alameda, Biggs, Gridley, Healdsburg, Lodi, Lompoc, Palo Alto and Ukiah.

LMUD is not signatory to this agreement. Plumas-Sierra Rural Electric Cooperative is signatory....Wayne Langston is a ratepayer in PSREC...Fred Nagel is a ratepayer in PSREC.  

Northern California Power Agency is a public agency in the generation and transmission of electric power and energy. NCPA was created by a joint powers agreement in 1968.  LMUD is a member of NCPA and has paid NCPA $51,378.50 in 2002 and $154,523.70 in 2003 (Jan 24, 2003-May 15, 2003). 

Frank Cady billed LMUD on April 30, 2003 for work on "LMUD v [Hydro Acquisition]... ?  "Hydro"  is   "PG&E" Why did Frank Cady disguise his billing to LMUD?

Did Frank Cady hide this from certain members of the LMUD board and/or the General Manager? 

The May 8, 2003 Agenda included a closed session for intervention on KWH's Motion to Intervene on FERC license P-4656.  No action was taken.  The second closed session agenda item was for UNIDENTIFIED initiation of litigation. 

The June 5, 2003 Agenda included another closed session on "significant exposure" and "initiated litigation" But these cases are UNIDENTIFIED. 

LMUD is required to disclose any lawsuits that they file or lawsuits that have been filed against them.