APCo's Permit Language
The indisputable facts are: (1) FERC only has authority to regulate APCo, in accordance with its Federal operational license, (2) as FERC's licensee, APCo has no regulatory police powers over you, and, (3) APCo's only authority over project lands is controlled by your and their property rights.
APCo's permit is designed to encumber / limit your property rights. Its ingenious design, if you sign it, will secure your agreement that:
APCo has the authority to grant permission and to regulate your dock and associated work, and
You will abide by all terms of the Shoreline Management Plan, and
You will abide by all current and future terms of APCo's Federal license, and
You will remove your dock if APCo determines it is no longer in the public interest, or
APCo can remove your dock, if you violate any condition of the permit, and
Your status as the property owner will become that of a licensee to APCo.
Why would anyone agree to these terms, especially since they are inconsistent with your property rights and impose new limitations on the use of your property! Always seek competent legal advice.
FERC cannot grant APCo authority to regulate you. If APCo had the authority to regulate you and change or limit your property rights, why would APCo be asking you to acknowledge they have this authority? If APCo's Federal license applied to you, why would APCo's permit require you to agree the license does apply to you? Does a police officer, before he issues a ticket, ask you to acknowledge he has the authority to stop and ticket you? Does the IRS ask you sign an agreement giving them the authority to collect your taxes? Absolutely Not - because We the People gave our governmental institutions the authority! No elected government or agency gave FERC or APCo power to regulate you, but unfortunately they have had considerable success: (1) convincing property owners to sign APCo's permits, (2) getting owners to agree APCo has the power to regulate, and, (3) as a consequence, taking or limiting your property rights in the process!
The following document highlights areas of concern with APCo's permit language and explains what the impact the highlighted words, phrases and sentences will have, if you agree and sign their ingenious permit. In all cases, empowering/entrapping words, phrases, sentences, and paragraphs (e.g Federal license, FERC, SMP, Permit, etc.) should be stricken from any agreement between you and APCo to ensure the agreement is limited by the mutual property rights of both parties.
CURB DOES NOT PROVIDE LEGAL ADVICE