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PROBLEM: LMUD did not disclose this to Lassen County Registered Voters of the 2009 Boundary Map change.

PROBLEM: Lassen County Clerk did not follow the new 2009 LMUD map for the 2010 LMUD elections.

The November 6, 2012 LMUD Election ballots will include and be sent to all registered voters in Lassen County for Wards 1,4, and 5

This includes Honey Lake Power and Surprise Valley Electric and Plumas Sierra Rural Electric Cooperative

Think of the LMUD Board with 1 Surprise Valley Electric ratepayer, 1 PSREC ratepayer (Nagel), 1 Honey Lake Power ratepayer & 1 PGE ratepayer

LAFCO states that these are not "districts" and their registered voters can be included in LMUD elections

LAFCO AGREES TO REMOVE SURPRISE VALLEY ELECTRIC, PSREC AND PGE FROM LMUD'S BOUNDARY MAP

LAFCO gives the public the impression that this action will exclude all other utility companies from LMUD's boundary Map in Lassen County.

The LMUD boundary Map below just identifies the utility companies "within the boundaries" of LMUD. It does not exclude them from LMUD elections.

LAFCO REMOVES SURPRISE VALLEY ELECTRIC, PSREC AND PGE FROM LMUD'S BOUNDARY MAP AND ALLOWS ALL UTILITY COMPANIES TO SIT ON LMUD BOARD

Chapman stated, incorrectly, that the LMUD boundaries where voted on by the PUBLIC and therefore should remain until voted on again

CPUC, Division 6, Section 11642: Before calling the election the board of supervisors shall divide the proposed district into five wards, the boundaries of which shall be drawn that each shall contain approximately an equal number of voters, as nearly as may be. The public agencies and any other territory included in the proposed district may be divided for the purpose of establishing ward boundaries.

The Board of Supervisors were required to and should have excluded other territory's (Surprise Valley Electric, and Plumas Sierra Rural Electric Cooperative) when they created the LMUD boundaries. Odd, they did exclude PGE?

The Board of Supervisors were required, by Resolution, to create LMUD's boundaries (Section 11643.1)

Although the LMUD Directors are voted on throughout the "District" they must be an LMUD customer and be registered to vote within LMUD's service District.

On September 14, at 3:00 PM (707 Nevada, Susanville) Lassen Municipal Utility District will ask LAFCO to change their boundary map to include all other electric companies in Lassen County

Surprise Valley Electric residents, PGE residents and Plumas Sierra Rural Electric Cooperative residents will be allowed to vote in LMUD elections

LAFCO will vote on LMUD's new Boundary Map on September 14, 2006 at 3:00 PM, 707 Nevada Street, Susanville, CA (Supervisors Chamber)

LMUD has no Sphere of Influence on any other electric company in Lassen County, yet the LMUD Board has claimed that they do?

If approved as written, LAFCO, will allow PGE, Surprise Valley Electric and PSREC registered voters to vote in LMUD elections and run for the LMUD Board.

LMUD's current map intentionally does not define the PSREC territory so Fred Nagel can remain on the LMUD Board. The Resolutions before LAFCO on September 14, 2009 will make Nagel a "legal" LMUD board member.

The downside is that this action will also allow PGE, Surprise Valley Electric and PSREC registered voters to control LMUD rates, policies and procedures if they sit on the LMUD Board. LMUD's elections are "at large". Which means that all four electric companies registered voters will receive LMUD ballots.

LASSEN COUNTY LAFCO WANTS A LAWSUIT TO STOP THEM ......just doing the right thing never was considered

LAFCO is changing LMUD's boundaries to include all other utility companies in Lassen County. If the LAFCO members approve these changes in the LMUD map, all utility companies in Lassen County can be on the LMUD Board. Currently, this will effect LMUD Ward 1 (Fred Nagel) and LMUD Ward 4 (Richard Vial).

Nagel and Langston [PSREC residents when they were put on the LMUD board and Nagel still is a PSREC resident] want full control of the LMUD utility for THEIR UTILITY COMPANY, PSREC

Jim Chapman lobbied for LMUD's boundary changes because it will make ELECTIONS EASIER for the County Clerk.......???.......NOT

LMUD failed to change their boundaries earlier in order to make their boundaries countywide. This has nothing to do with making the Lassen County Clerks job easier Mr. Chapman, but nice try. IT WILL MAKE FRED NAGEL'S RIGHT TO SIT ON THE LMUD BOARD LEGAL!!

The Lassen County Clerk, Julie Bustamante, must send ballots to school districts, water districts, fire districts, the five supervisory districts BY LAW.

Does Mr. Chapman want to lobby for one ballot for the County. That would mean that Janesville residents could run for his seat on the LMUD Board

These "Special District" ballots are there for a reason, Mr. Chapman. LMUD residents that are registered to vote should be the only ones to get LMUD ballots.

The LMUD boundary issue is before the LAFCO commission and LMUD wants to expand their boundary to include PGE, Surprise Valley and Plumas Sierra Rural Electric Cooperative. Next meeting; September 14, 2009, 707 Nevada Street, Susanville, CA at 3:00 PM

LAFCO Executive Officer, John Benoit- (530) 257-0720

Supervisor Jim Chapman and Kurt Bonham, in tandem, told the LAFCO members, at the August 10, 2009 meeting, that the LMUD boundary issue is a political issue. Chapman and Bonham said "Let the voters decide". DECIDE WHAT GENTLEMEN? This will be decided by the LAFCO Board

If this map is approved, the Lassen County Election Officer must accept candidates [for future LMUD elections] from voters that are registered and reside within PGE, Surprise Valley Electric and PSREC boundaries. PSREC voters are presently allowed to run for LMUD Board positions because of the LMUD map (Langston & Nagel)

Supervisor Chapman stated that PSREC voters were only 600 voters and it was insignificant to LMUD elections. Chapman presented the "Simpson" map that was submitted prior to LMUD becoming a Special District which included the PSREC service territory. This map was never used for the formation.

Fred Nagel and Wayne Langston were the first PSREC voters to sit on the LMUD Board. They both voted to sell LMUD customers to PSREC. PSREC was allowed to default on the payment agreement. They both voted to give PSREC thousands and thousands of dollars for bogus energy projects. They both voted five times to raise LMUD rates.

LAFCO CONCLUDES THAT PSREC "TOUCHES" LMUD BOUNDARIES THEREFORE PSREC IS "WITHIN" LMUD BOUNDARIES.

Left to right: Jack Hanson (came later), Lloyd Keefer, Todd Eid, Bonham and Joe Franco

Sphere of Influence

In California, "sphere of influence" has a legal meaning as a plan for the probabloe physical boundaries and service area of a local agency.

Influence

corrupt interference with authority for personal gain

Not only did the LAFCO Board draw the conclusion that because LMUD boundaries are contiguous to PSREC therefore PSREC is "within" LMUD boundaries BUT THEY CLAIM THAT THE SURPRISE VALLEY ELECTRIC COMPANY IS "WITHIN" LMUD BOUNDARIES AND A PORTION OF PGE IS "WITHIN" LMUD BOUNDARIES

LMUD CANNOT LEGALLY INCLUDE OTHER ELECTRIC COMPANIES WITHIN THEIR SPHERE OF INFLUENCE (BOUNDARIES) JUST SO PSREC RESIDENTS CAN VOTE AND SIT ON THE LMUD BOARD

LAFCO's definition of "SPHERE OF INFLUENCE":

A plan for the probable physical boundaries and service area of a local agency, as determined by the Local Agency Formation Commission. LAFCOs are responsible for establishing a sphere of influence for each city and special district whose boundaries are regulated by LAFCO. Typically, a sphere of influence is the territory a city or district is expected to annex. Thus, spheres of influence are usually larger in area than the actual boundaries of a city or district, although they can be the same as the city or district boundaries. Cities and districts cannot provide services outside their sphere of influence except in very limited circumstances

LMUD cannot provide services to the other electric companies even if LAFCO re-writes LMUD's boundaries. So why do this?

Page 46 of this LAFCO report defining LMUD's updated SPHERE OF INFLUENCE states that the probable physical boundaries and service area of a local agency, as determined by the Local Agency Formation Commission of the county.

Lassen Municipal Utility District cannot exercise any influence on another utility company. This includes PSREC, PGE (Clear Creek is within PGE service area) and Surprise Valley Electric (circa 1937). LMUD cannot influence their rates, effect or alter power purchases, hire or fire employees. LMUD cannot provide services to these electric companies..................................

BUT LAFCO HAS DETERMINED THAT BECAUSE LMUD'S BOUNDARIES TOUCH THESE OTHER ELECTRIC COMPANIES THEY ARE WITHIN LMUD BOUNDARIES.

CPUC, Division 6 is the governing factor with LMUD and Section 11930 states that LMUD's boundaries are determined by the people that it provides service to

CPUC, Division 6, Section 11801 states that candidates that run for the LMUD Board must be residents of the Ward in which they have been nominated and registered to vote in the Ward they have been nominated.

March 31, 2003, Kan We Help charges LMUD with "Influence Peddling" with LAFCO's attorney and files a Fair Political Practice Commission Complaint. LAFCO Board refuses to read FPPC decision.

Cady hired LAFCO's attorney John Kenny. Kenny receives payment from LAFCO and LMUD

LMUD General Counsel, Frank Cady "fixes" the LAFCO Agenda so that the LMUD boundary issue is taken off.

Frank Cady had the audacity to bill LMUD $542.50 for his time to get LAFCO's attorney to remove the LMUD boundary issue from the LAFCO Agenda

Frank Cady convinced LAFCO attorney John Kenny to remove the LMUD boundary issue from LAFCO's Agenda

LMUD DIRECTORS MUST BE LMUD RATEPAYERS (receive electricity from LMUD)...because they are the only ones that "RESIDE WITHIN" A LMUD WARD

LMUD attempted to make it's boundaries county wide but never accomplished this. LMUD's boundaries are defined by it's service area.

PSREC provides electricity to residents that reside within their district. Fred and Theresa Nagel reside within a PSREC district.

"The proposed district boundaries are essentially the same as the area currently "serviced" by CP National's Lassen Electric District"

PSREC provides electricity to residents that reside within their district. Fred and Theresa Nagel reside within a PSREC district.

The LMUD district boundaries were determined by service? LMUD does not service residents within the PSREC District.

LAFCO decided to allow another utility district to vote in LMUD elections? That's more than illegal..............

PSREC provides electricity to residents that reside within their district. Fred and Theresa Nagel reside within a PSREC district.

The LMUD district boundaries were determined by service? LMUD does not service residents within the PSREC District.

LAFCO decided to allow another utility district to vote in LMUD elections? That's more than illegal..............

Fred Nagel sits on the LMUD Board but has always resided within a PSREC district.

Plumas Sierra Rural Electric Cooperative is an electric district within Lassen County......that's an undisputable fact

(If Fred Nagel resided "within" a LMUD Ward he would receive his electricity from LMUD. He does not)

Fred Nagel has voted five times to raise LMUD rates

PSREC CHEATS LMUD OUT OF PROMISED PAYMENTS FOR LMUD CUSTOMERS

There are several utility districts within Lassen County. This fact is undisputable

LMUD CANNOT CHANGE ITS BOUNDARIES TO COINCIDE WITH COUNTY SUPERVISOR BOUNDARIES IF IT INCLUDES OTHER UTILITY DISTRICTS

LMUD cannot include PSREC, Surprise Valley Electric District or PGE within their Ward boundaries. If they did, then all three could vote and sit on the LMUD Board

PGE customers are excluded from voting or sitting on the Boards of PSREC, Surprise Valley Electric and LMUD.

LMUD customers are excluded from voting or sitting on the Boards of PSREC, Surprise Valley Electric and PGE

Surprise Valley Electric customers are excluded from voting or sitting on the Boards of PSREC, LMUD and PGE

LAFCO John Benoit says "Yeah, they're (PSREC) within the District"....WRONG, THEY ARE "WITHIN" LASSEN COUNTY

THE NAGELS HAVE MANAGED TO OMIT THE PSREC DISTRICT FROM THE LMUD MAP SUBMITTED TO THE COUNTY CLERK WHICH ALLOWS FRED NAGEL TO RUN FOR THE LMUD BOARD and allows all PSREC customers to vote in LMUD elections.

This is an abuse and mis-use of CPUC Div. 6 11801

[Kan We Help believes it was not the intent of this section to allow other utilities to vote or sit on the LMUD Board]

LMUD's November 19, 1997 Resolution 97-09 was never passed. Due to the existing utility districts in Lassen County, LMUD could not legally make it's boundaries County wide. PSREC boundaries remained their service area which includes several counties.

You must reside within a LMUD Ward.

A PSREC customer simply does not and cannot reside "within" another utility district.

March 31, 2003, Kan We Help charges LMUD with "Influence Peddling" with LAFCO's attorney and files a Fair Political Practice Commission Complaint.

LMUD General Counsel, Frank Cady tries to "fix" the LAFCO Agenda so that the LMUD boundary issue is taken off.

Frank Cady had the audacity to bill LMUD $542.50 for his time to get LAFCO to remove the LMUD boundary issue from the LAFCO Agenda

Frank Cady convinced LAFCO attorney John Kenny to remove the LMUD boundary issue from LAFCO's Agenda

Although the LMUD Directors are voted on throughout the "District" they must be an LMUD customer and be registered to vote within LMUD's service District.