Pud pnc lawsuit

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The Newport Miner the voice of pend oreille county since 1901

Wednesday, SEPTEMBER 20, 2017

www.pendoreillerivervalley.com

Volume 115, Number 34 | 2 Sections, 20 Pages $1.00

Judge rejects PUD bid to dismiss Ponderay Newsprint-PUD lawsuit continues By Don Gronning Of The Miner

SPOKANE – A Spokane County Superior Court Judge has denied a Pend Oreille PUD motion to dismiss Ponderay Newsprint Co.’s lawsuit. That’s the latest news in the 20-month-old legal dispute between PUD and PNC that started in 2015. The ruling paves the way for the lawsuit to continue, but the case won’t go to court on the October trial date that has been long set. It currently looks like the case

will go to trial in June 2018. The dispute started when PUD general manager Colin Willenbrock interpreted the projected power supply requested by Ponderay Newsprint Co. to be so low that the newsprint mill wouldn’t be able to operate. He declared PNC to be in breach of contract and demanded more than $200 million in liquidated damages. PNC responded by suing, asking a judge to rule that the contracts were valid. The PUD countersued. PNC attorneys had made a motion for a declaratory judgment seeking to

have Superior Court Judge Maryann C. Moreno declare that the power contracts were valid. PUD attorneys sought to have that motion dismissed, arguing that PNC partners may not exist when the contracts are set to expire in June of 2027. Moreno ruled for PNC. She wrote in the Sept. 12 ruling that “... PNC has contractual standing and thus may properly seek a declaration that the District should be required to perform under those contracts.” The ruling is just the latest in the

Freeman: ‘This rural school district is hurting’ By Dave Smith For The Miner

NEWPORT – The shooting at Freeman High School last week was tragic in every way and this rural school district is hurting. A mother lost a son while still grieving the loss of her husband, three students are healing from gunshot wounds, and an entire community of students, teachers and parents are working together to together to overcome this horrible incident. Adding to this tragedy is the fact that Freeman has now joined the long list of school districts that have experienced gun violence. A list that has grown to 200 schools since Columbine. This is a sobering and terrifying statistic and one that has left students, teachers, and parents in our nation’s schools feeling very vulnerable. The horrible incident in Freeman, a district like ours, impacts people that many of us know personally and it reminds us that no school district is immune to the senseless violence in schools.

As the Superintendent of Newport School District, I can tell you that the safety of our students is our first priority. Over the last four years and specific to preventing this type of violence in our schools, we have increased exterior security to our buildings. Our exterior doors are locked during school hours and access is limited to one door at our main entrances. In addition, we are getting bids to install locking hardware on all of our main entrances. The new locking hardware will allow office staff to instantly engage the locks in case of an outside threat. Lock blocks have been installed on every interior classroom and office door allowing doors to be locked at all times. Interior and exterior camera coverage has been increased district wide and we are in the process of upgrading and replacing older cameras. We also conduct lockdown drills in which our students and staff are trained to respond to any type of threat inside or outside of our buildings.

complicated case. The case file includes nearly 20 file folders. The sides met for two mediations in February 2017, but were unable to come to a resolution. Negotiations continue while the court case is ongoing. The judge ruled in January that the PUD should pay its own legal fees going forward. Prior to that, PNC was paying them in their monthly power bill. Moreno ruled that attorneys fees would be paid to whoever prevails in See PUD, 2A

Past lessons become new again Stratton Elementary student Kaidynce Callihan gets help from teacher Alisa Vaughn while panning for precious minerals at Heritage Days Thursday, Sept. 14. The two-day event, geared toward third and fourth grade students, was held at the Pend Oreille Historical Society Museum.

Miner photo|Sophia Aldous

See freeman, 2A

Farmers Market doesn’t feel welcomed by city By Don Gronning Of The Miner

Courtesy photo|Newport School District

Newport High School students came together in the gymnasium to form a heart, while others held a sign in support of Freeman High School after a shooting took place there last Wednesday.

NEWPORT – Supporters of the Pend Oreille Valley Farmers Market brought their concerns about how the city of Newport is treating the Farmers Market to the city council at its regular meeting Monday night, Sept. 18. “The grass was extremely wet Saturday morning,” Nephi White said. White heads up the Farmers Market in Newport. The market is located in Gazebo Park on the city’s south

entrance, near the museum. He said the wet grass made it difficult for vendors to set up. Joyce Weir submitted a letter from Judy Campbell Fredrickson, supporting the market. Frederickson asked about the wet lawn two Saturdays ago. She wrote she was stunned when she was told that the soggy wet lawn is the “city’s passive aggressive way of trying to move us out.” White said he has made numerous attempts to set up meetings with city admin-

istrator Ray King to no avail. White said his group was having better success at the Gazebo location than they did on the city’s east entrance where they were for years. He offered to help with maintenance of the area and preparations. He said he had a market meeting coming up in October and he would let the city know what they could commit to. Mayor Shirley Sands said the group should talk with the city about See market, 2A

B r i ef ly Commissioners schedule town hall meetings

NEWPORT – Pend Oreille County commissioners have scheduled two town hall meetings, one in Metaline and one in Diamond Lake. The Metaline town hall will take place Thursday, Sept. 28, at the Western Star Bar and Grill, from 7-8:30 p.m. The Diamond Lake town hall will be held Thursday, Oct. 5, at the Boat Launch Restaurant and Lounge in Diamond Lake, also from 7-8:30 p.m. There is no set topic for the meetings, people are invited to come ask questions of the county commissioners. classifieds Follow Life us on Facebook Obituaries

Head of the Pend Oreille Regatta coming up

PRIEST RIVER – This year’s Head of the Pend Oreille Regatta will take place Saturday, Sept. 30, at the Priest River Recreation Area (the Mudhole). The last weekend in September has brought rowers from all over Idaho, Washington, and Canada to the Pend Oreille and Priest Rivers for a weekend of rowing competition. Per usual, the public is encouraged to attend and cheer on their favorite rowers. Entry arrivals and rowing practice will take place Friday, Sept. 29 from 2 - 6 p.m. Safety boats will be on the water. For more information, go to www.porpa.org.

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Opinion

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Record

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Police Reports

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Public Notices

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Not too late to the help Stuff the Bus

PRIEST RIVER – The Kaniksu Masons and The Order of the Eastern Star are looking to “Stuff the Bus” with food items Friday, Sept. 22 and Saturday, Sept. 23, 10 a.m. – 4 p.m. at Mitchell’s Harvest Foods. This is a food drive to benefit local food banks. Items that are needed are all types of canned gods, boxed cereals, crackers, cake mixes, cookies, and frozen foods. Make sure donated goods aren’t expired.

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