LETTERS TO THE EDITOR

[March 29th, 2006] ROCK ON, MISTY

In your March 22 article "Rock 'n' Roll Will Never Die," you quoted Rock 'n' Roll Camp for Girls board member Stacy Chamberlain as saying the camp "'hasn't had any volunteers leave' since founder Misty McElroy resigned as executive director last November, citing pressure from the camp board...."

In fact, there are several former volunteers, campers and camper moms who will not be returning due to the current situation with the Rock 'n' Roll Camp for Girls. We feel that the circumstances around the change in leadership do not reflect the camp's original values or intent.

We wish to publicly show our gratitude towards, and support for, Rock 'n' Roll Camp for Girls founder, Misty McElroy, and her ongoing efforts to educate, empower and energize women and girls through community, self-sufficiency—and rock 'n' roll!!!

Lou Catt, Erika Meyer, Jamey Winchester, Lisa Lawer, Lucy Lawer
Former Rock 'n' Roll Camp for Girls volunteers, camper moms, camper dad and business co-sponsor, and camper

PUBLIC FUTILITY

While I applaud Nigel Jaquiss' creativity in exploring new funding sources for public schools ["Energizing City Hall's Hunt for Schools Money," WW, March 22, 2006], his suggested approach of including Portland General Electric's gross revenue from its wholesale sale of electricity is ripe with legal pitfalls and would likely lead to a lengthy legal battle in which the City of Portland would probably not be the victor.

Apart from the significant constitutional issue of a municipality attempting to tax interstate commerce, the real issue is that the "franchise fee" paid by PGE is not a tax, but rather a fee paid to the city for the right to place poles and wires in the city's rights of way. As such, there must be a nexus, or logical connection, between the revenues used to calculate the fee and the equipment placed in the right of way. This nexus arguably exists in the telecommunications context, where long-distance calls are placed at a phone in the city and sent over telecommunications equipment in the city's rights of way.

In the electricity context, however, the nexus is not present: The electricity sold by PGE at wholesale is produced in Eastern Washington or elsewhere and likely sold at a trading hub that is far from the city's rights of way. PGE would benefit from cases disallowing similar attempts by municipalities to include a revenue source unrelated to the rights held under the franchise agreement. Thus, while this wholesale revenue is an attractive funding source, it is likely not one that can be easily tapped.

Note: I do NOT represent PGE, and although I've done some work for PacifiCorp in the past, I do not represent them at present.

Jonathan M. Norling
Lovinger Norling Kaufmann LLP
Northeast Multnomah Street