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c BRIEFING PAPER NORTHWEST POWER PLANNING COUNCIL The Tobacco Institute March 16, 1983 ~

a r TABLE OF CONTENTS Page I. INTRODUCTION' ......................................1 II. COUNCIL MEMBERS ...................................3 III. PROPOSED COUNCIL PLAN .............................? IV. SECTION 305: VENTILATION REQUIREMENTS .............12 V. ARGUMENTS IN OPPOSITION TO SECTION 305............14 VI. CONCLUSION ........................................16 Appendix A: "Pacific Northwest Electric Power Planning and Conservation Act" (Excerpt) Appendix B: "Model Standard for New Structures," Appendix J, Regional Conservation and Electric Power Plan, Section 305, Table 3-1. Ventilation (Draft, 1983). Appendix C: Testimony of Walker Merryman, TI, Vice-President, Northwest Power Planning Council Hearings, Boise, ID, March 11, 1983. i

A r BRIEFING PAPER NORTHWESTPOWER PLANNING COUNCIL I. INTRODUCTION In 1980, the Congress enacted the "Pacific Northwest Electric Power Planning and Conservation Act"1("Act"). The purposes of this Act include, inter alia, "to provide for the participation and consultation of the Pacific Northwest States, local governments, consumers, customers... and the public at large within the region in- "(A) the development of regional plans and programs related to energy conservation, renewable resources, other resources, and protecting, mitigating, and enhancing fish and wildlife resources. "(B) facilitating the orderly planning of the region's power system, and "(C) providing environmental quality."2 1Pub. L. 96-501(1980); 16 USC S 839 et seg. See Appendix A. 216 USC § 839 (3) (A)-(C). 1

w r To further these purposes, the Pacific Northwest Electric Power and C'onservation Planning Council3 ("Council") was established. Comprised of two representatives from each of the states of Idaho, Montana, Oregon and Washington, the Council is charged with developing and adopting a regional conservatiomand electric power plan before April 28, 1983. A series of hearings on the proposed plan are being held in the represented states during the period March 7-18, 1983.4 The deadline for submission of written~ comments on the plan is March 21. Included in the plan under consideration, and likely to have an indirect but adverse impact on the tobacco industry if adopted, are design ventilation requirements for new .3The Council is variously referred to as the Northwest Power Planning Council, the Pacific Northwest Power Council or the Pacific Northwest Planning and Conservation Council. Address: 700 S.W. Taylor St., Ste. 200, Portland~, OR 97205; Telephone: 503-222-5161. 4Mar. 7, Pocatello, ID; Mar. 9, Missoula, MT; Mar. 11, Boise, ID; Mar. 14, Coeur d'Alene, ID; Mar. 16,,Salem, OR; Mar. 18, Seattle, WA. -2- 1

R structures. These design standards propose variable ventilation requirements for new buildings, depending on the nature of the occupancy and on whether smoking is permitted.5 This memorandum provides information on Council members, discusses the overall energy plan and analyzes the proposed ventilation standard. II. COUNCIL MEMBERS The Council is composed of eight members. Each of the governors of the states of Idaho, Montana, Oregon and Washington appoints two members.6 As the discussion below indicates, all of the appointed'~ representatives have been or are politically active, suggesting the industry may be able to present its position to them through lobbyists and TI field staff. 5Sec. 305, Table 3-1, "Model Standard for New Structures," Appendix J,, Regional Conservation and Electric Power Plan (Draft, 1983). See Appendix B. The heading on the fourth column in the table appears to be incorrect. This column (if it is designed to incorporate the ASHRAE Standard) should have been headed "non-smoking". O W 616 USC § 839b(2). ~ w cn N -4 -3- V

c , Idaho Members 1. W(illiam) Larry Mills: b. 5/16/12; reappointed to a three-year term by Governor John Evans in Dec. 1982; Republican; Idaho State Rep. ('40-'42; '46-'52, '62 -266); Speaker, Idaho House of Rep. ('51-'53); admin. asst. to U.S. Rep. Budge, Idaho ('51-'54); Dir., govt. affairs, Boise Cascade Corp. ('54-?). [1972Info: Knights of Columbus; American Legion~; Elks; Arid Club; Hillcrest Country Club.] 2. Robert Saxvik: b. 1/13/30; Vice-chairman:of the Council; appointed to a three-year term in April 1981 by Gov. John Evans; Democrat; Idaho State Sen. ('71-?); former VP, KBAR Radio (Burley, ID)~. [1974 Info: National Assn. Broadcasters; Idaho State Broadcasters Assn. (pres. '66); Idaho Golf Assn. (pres., '71-'72); Bd. member, Cassia Mem. Hospital ("72-?); Rotary (pres., '66-'67); Burley Chamber of Commerce (pres., '68); Elks; Farm Bureau; Western Washington State College, '58.] 4 ti

c Montana Members 3. Keith Colbo: Age- 42; appointed to three-year term by Gov. Ted Schwinden in April 1981; former aide to Gov. Schwinder; former chief, MT Dept. of Social and' Rehabilitation Services. 4. Gerald Mueller: appointed to three-year term by Gov. Schwinder in April 1981; former aide to Gov. Schwinden. Oregon Members 5. Alfred Hampson: b. 12/9/20; Portland attorney; [1980 Info: Partner, Hampson & Bayless (Richard V. Bayless, Douglas B. Gordon, David J. Zarosinski)]; former chairman, State Energy Facility Siting Council; former chairman, State Travel.Information Council; chairman, Portland Park Foundation; Board member, 1,000 Friends of Oregon; Stanford '43; Harvard Law '46. 6. (Le)Roy Hemmingway: Age- 37; reappointed by Gov. V. Atiyeh in February 8, 1983; former Public Utilities Commission attorney; Oregon Environmental Council's S- ti

C C lead lobbyist in enactment of the Pacific Northwest Electric Power Planning and Conservation Act; former assistant to former Gov. R. Straub; Stanford; Yale Law. Washington Members 7. Charles T. Collins: Appointed by Gov. John Spellman in April 1981; former director of Kings County Metro; former chief administrative officer, Kings County; former general manager, Polyform UI.S. Limited. 8. Daniel J. Evans: b. 10/16/25; Chairman of the Council; appointed by Gov. J. Spellman.in April 1981; President, Evergreen State College ('77 - ); former governor of WA('65 -'76); Bd. member, National Gov. Conference ('66 -'67, '73 - '75); National Republican Gov.; Western Gov. Assn.; Rep. Advisory Bd. to the President ('69); Commission on Cities in'70s; National Urban Coalition ('71 - '72); Advisory Commission on Intergovernmental Relations ('72-'76); National Commission on Productivity and Work Quality ('75); Pres., Council of State Govts.; structural and civil engineer; U. of WA, '48, '49. -6- i

, C III. PROPOSEDCOUNCIL PLAN C The Council is required by law to develop and adopt 1) "a regional conservation and electric power plan," and 2) "a program to protect, mitigate, and enhance fish and wildlife."7 In November 1982, the fish and wildlife program was adopted by the Council. Confronting a Congressionally-imposed deadline of April 28, 1983, for adoption of the conservation and power plan,8 the Council approved a draft plan in January 1983. The.vote was 6-2, with Oregon members Hampson and Hemmingway voting against approval of the draft plan. ?USC S 839b (a) (1). BUSC S 839b (d) (1). The adopted energy plan will be subject to review and revision every two years. On an annual basis, the Council is required by Congress to issue a report to the Senate Energy and Natural Resources Comm. and~the House Interstate and Foreign Commerce Comm. t

I The 20-year plan, in attempting to forecast energy load growth for the region, points to conservation, hydropower, cogeneration, combustion turbines and coal plants as the most cost effective resources for meeting the energy needs of the area. Specifically, conservation is cited as the least expensive way to make additional power available.9 Recommended in the plan are new, stringent building codes for energy conservation. New buildings, it was reasoned, likely will outlive the energy surplus, and installation of conservation measures at time of construction is less expensive than refitting an existing structure.10 To encourage maximum participation in the conservation program, the region's federal Bonneville Power Administration (for which the Council serves as an unofficial board of directors) would charge non- 9Lerten, B., "Northwest's energy blueprint ready for public scrutiny," United Press International, Feb. 10, 1983. 10Id. -8- i