Franchise Tools- can they protect?

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Franchise Tools- can they protect?

• Disclaimer
• all materials are the responsibility of Robert
  Beaumier, individually and not anyone else or on
  behalf of anyone else.
• Contact information
• rbeaumier_at_spokanecity.org
• [phone]

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BASIC FRANCHISE ELEMENTS

• Preserve local investment in Streets
• Avoid enhanced liability or risk from Franchisees
• Try to regulate use keep people in their spot
  keep traffic moving protect local infrastructure
  (city utilities etc.)

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• CONSEQUENCES
• Both Wells affected
• 6-12 months to replace costs estimated in 20M
  range
• Could contaminate 34 reservoirs storing over 100
  MG
• 900 miles of City water lines
• Half Municipal Water Supply pump to all areas
  served
• 72,000 Accounts trucking water _at_ 20 Gal
  ration/day _at_ 1.5 million gallons/d day.
  Estimated cost 2Million/day
• Commercial establishments hospitals have to have
  alternative supplies

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• Traditional Rule- No franchise without City
  consent 12 McQuillan on Municipal Corporations,
  section 34.10 at 38.
• Federal Court Olympic Pipeline v. Seattle, 437
  F3d 872 (9th Cir. 2006) municipal regulatory
  authority preempted by federal safety regulations
• 49 CFR 195

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Conclusions

• Local franchise authority compromised by federal
  preemption
• CFRs fail to address egregious problems such as
  our wellhead
• Difference between siting vs safety areas not
  well delineated
• Federal standards should not be a shield to avoid
  local needs
• Local governments and their citizens should not
  have to bear extraordinary risks of catastrophic
  losses.