FERC and the Lake of the Ozarks – Updated Nov. 11

Ameren submitted the plan asking for a Project Boundary of 662, lowering it to accommodate buildings and raising it above 662 for some wetlands. A uniform Project Boundary of 662 won the endorsement of all three Chambers of Commerce in the Lake area. Legislation proposed in the U.S. Senate by Roy Blunt and Claire McCaskill also pushes for 662 with a provision FERC must consider private property rights when rendering a decision. Legislation has not passed.
Jeff Green, Ameren’s Shoreline Management supervisor, says the utility company has been attempting to find a reasonable resolution between FERC and environmental agencies on one side and lakefront property owners and grassroots political organizations on the other.
“We want to thank Lake of the Ozarks stakeholders, community leaders and the public for working with us in our development of this plan,” says Jeff Green, Ameren’s Shoreline Management supervisor. “We value everyone’s opinion and appreciate those who gave us input in drafting this document. We collected, responded to and included more than 400 comments in our final plan.”
A vocal opposition calls it LIP SERVICE,
a SMOKESCREEN or an ulterior motive
- A LAND GRAB !
A group of private stakeholders and conservatives with parallel support from the Camden County Commission is fighting to lower the Project Boundary to 660 feet above sea level.
Discussions continue about millions of dollars in real estate transactions blocked -- from condos on the Niangua Arm to lake lots in Linn Creek Cove.
According to Stacy Shore, a realtor and member of the Lake Area Conservative Club, approving control from 660 to 662 allows FERC and Ameren to take over valuable, flat, lakefront property that has been bought and paid for by private owners through multiple transactions over decades.
She argues Union Electric never purchased 29% of lakefront property before Bagnell Dam was built creating Lake of the Ozarks in 1931. She says landowners have clear title to the middle of the main channel in many cases and have specific easements to use their shoreline for any purpose down to 660. In these cases, Ameren has maintained a flood easement up to 662.
Ameren Missouri only pays real estate tax up to elevation 660. Private property owners have paid tax based on the value of lakefront property down to 660 for decades, a fact that carries some weight in legal claims of adverse possession made by private property owners. While utility companies have been traditionally shielded from adverse possession claims, a precedent in favor of private lakefront landowners was set in Missouri Appellate Court in the case of The Empire District Electric Company v. Gaar.
Attorneys from across Missouri are preparing for battle, representing Lake clients.
At the county level, Camden County Presiding Commissioner Kris Franken has argued Chapter 64 of the Missouri Revised Statutes could give Camden County the authority to regulate and permit structures to the 645 contour, including docks, decks and structures.
Franken says the county has a right to equal representation at the table with FERC and Ameren under, "The Coordination Process."
There is a power struggle.
FERC, under no current legislative mandate to consider the rights of private property owners, is pushing Ameren to claim control over shoreline that has developed privately and regulated loosely for 80 years. On the other side, private landowners are arguing for what they believe to be fundamental Constitutional Rights under the Fifth Amendment to the Constitution, which states no person shall, “Be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Valid arguments have been made on all sides. Ameren has expedited the issue by submitting the plan for 662 to FERC several months ahead of the June 2012 deadline. Based on recent backpedalling, FERC is likely to sign off on the plan, perhaps with revisions.
If this occurs, Shore stresses: “Do not sign a permit until you have consulted a qualified attorney. You could be signing your rights away. Make sure you read everything carefully,” she said.
FERC has an unspecified duration of time to review and make a final decision on the plan

* Story from the Lake Expo.com *

Next Meetings scheduled are as follows;
Feb 9th, at Sonlight Fellowship Church
on South Hwy. 5
and
March 13th, at the Sunrise Beach Fire Department
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A list of Campaign Contributions for 2011-2012, (you can request any year)
Ameren, as of 10, 31, 2011 lobby expenditures
(this does not include contributions to campaigns)
reported by Ameren from Senate office of Public Record: $1,250,000.00

Ameren contributed to the following House & Senate for 2011-2012 campaign war chests:
House (28% to Dems, 73% to Republicans):
Boehner-R (speaker) Received: $5,000
Carnhan-D (3rd dist) Received: $2,000
Clay, Wm.-D (1st dist) Received: $4,000
Emerson, JoAnn-R (8th Dist) Received: $4,000
Bill Long (-R (7th Dist) Received: $2,000
Blaine Luetkemeyer-R (9th dist) Received: $5,000

Senate:
Akin-R (MO Senate) Received: $2,000 Blunt- R, MO (U.S Senate) Received: $1,000

Ameren has set up an expense acct. for Luetkemeyer for 2012 of $5,000.

2008 Campaign funding & expenditures:
Luetkemeyer received $10,000
Blunt received $ 7,500
Carnahan received $ 8,000
Todd Akin rec'd $ 6,500
McCaskill rec'd $ 4,000
Clay rec'd $ 8,000

Ameren UE PAC sent Jefferson City $45,650.00 in 2008

Go to this website below for more...
http://www.opensecrets.org/lobby/clientsum.php?id=D000023888&year=2011