ITD’s regulatory role debated in hearing
BOISE – ConocoPhillips painted a picture of years of quiet, painstaking work to plan for the safe transport of four mega-loads of oil equipment across a winding, scenic north-central Idaho highway. Area residents, however, said they never knew what was coming and accused Idaho’s Transportation Department of failing even to check on the company’s claims, let alone involve the public.
A two-day hearing on Conoco’s proposed mega-loads wrapped up Thursday in Boise, and state hearing officer Merlyn Clark said he’ll take the issue under advisement.
Asked when he’s likely to rule, Clark said, “I’d like to say at least before Christmas, but just as soon as I can get it done.”
ConocoPhillips has to replace two giant, aging coker drums at its Billings refinery. The replacement drums already have been manufactured in Japan, cut in half to make four large loads, shipped to the Port of Lewiston, and fitted onto special trailers for the trip across U.S. Highway 12. Each load would take up both lanes of the two-lane road, creating a rolling roadblock.
Local residents and business owners sued to block the Idaho Transportation Department’s permits for the loads, saying the department violated its own regulations in approving them.
Hanging over the Conoco application is ExxonMobil’s pending plan to run 207 mega-loads of oil field equipment over the same route to Montana and then north to Canada over the next year. A Korean firm also has contacted ITD about dozens more big loads it wants to truck from Lewiston to Canada starting next spring.
More than two dozen of Exxon’s modules already have been shipped to the Port of Lewiston, and Exxon has paid to enlarge turnouts along the route and raise or bury utility lines to allow for loads as tall as a three-story building.
State regulations require ITD to make “public safety and convenience” its primary concern in approving loads that exceed legal limits. But during the two-day hearing, ITD’s motor vehicle administrator, Alan Frew, testified, “What we do is we try to balance the needs of all the highway users. … For a short period of time, we’re going to have to balance those needs.”
Frew said that’s how ITD justifies barricading turnouts along the route 24 hours in advance of the mega-loads to keep protesters from blocking the loads, and allowing Conoco to remove two traffic islands in Lewiston to facilitate the loads’ passage even though there was no benefit to the traveling public.
“The department has broad discretion to interrupt traffic for these kinds of movements,” Frew testified.
Clark said Thursday that he had “some concerns about Mr. Frew’s testimony about balancing, as opposed to primary concern for safety and convenience.” He said his ruling, however, will take into account the whole record in the case, which he noted is “very extensive.”
More than 100 people packed the hearing at a Boise hotel ballroom all day, both days; about half were Billings refinery employees and contractors who wore T-shirts supporting the project.
“If the coke drums don’t get there, I’ll be laid off in April,” said Lee Deford, an electrician from Billings.
“If they get there, I’ve got a job ’til June.”
Linwood Laughy, who’s lived on the river corridor on Highway 12 full time since 1996, said the first he heard about the proposed mega-loads was in April, when he was working in his home office and the power went out.
He headed down the road, and encountered an Avista power truck and crew working on the lines.
“They told me they were raising all the power lines on the highway because there were some very tall loads that were going to be transported,” Laughy testified at the hearing.
“We got a little concerned and started investigating.”
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