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ELK RIVER MUNICIPAL UTILITIES <br /> 322 King Avenue <br /> Elk River,Minnesota 55330 <br /> Phone(612)441-2020 <br /> Fax(612)441-8099 <br /> The Honorable Senator Paul Wellstone <br /> 136 Hart Senate Office Building <br /> Washington D.C.20510 <br /> Dear Senator Paul Wellstone: <br /> I am writing to encourage you to co-sponsor S.386,the bipartisan Bond Fairness and Protection <br /> Act. This legislation is important to us in Elk River.The passage of this act is critical if the proposal <br /> restructuring of the electric industry is to take place. <br /> As the General Manager for Elk River Municipal Utilities,I am responsible for providing reliable <br /> service to approximately 14,000 customers. I take great pride in the fact that we are a community-run,not- <br /> for-profit provider of electricity where our consumers enjoy low rates and have a say in how our utility <br /> operates. <br /> Elk River currently does not have any tax exempt electric bonds,but other communities have <br /> decided over the last few years to issue tax-exempt bonds to improve their service to their consumers. We <br /> are very concerned now that our state is restructuring the electric industry and that a conflict exists between <br /> the federal tax laws governing the use of our tax-exempt bonds and the changing marketplace. I am writing <br /> to express our support for a fair and reasonable solution to these problems posed by the federal <br /> "private use"restrictions on public power bonds. <br /> The Gorton-Kerrey bill, S.386,was introduced in the 106`h Congress by Senators Slade Gorton(R- <br /> WA), Robert Kerrey(D-NE),and a bipartisan group of senators to resolve the"private use" issue. It <br /> provides us with options for obtaining the necessary level of relief needed to participate in competitive <br /> electricity markets without jeopardizing the tax-exempt status of outstanding bonds or raising rates.This <br /> bill is a compromise because in return for protecting outstanding bonds,we agree to make concessions on <br /> the future use of these bonds. <br /> Some of our opponents,however,want to amend this bill to tax public power revenues. Please <br /> oppose new taxes on us,which only serve to increase electricity costs. We are units of state and local <br /> government and operate on a not-for-profit basis—this bill protects our local decision making authority. <br /> Our 14,000 customers are counting on your support for this issue. Please write back and let me <br /> know if you plan to support this bill. And, I would be happy to meet with members of your staff to further <br /> discuss the issue. <br /> We appreciate your help on this matter. <br /> Best Regards, <br /> Bryan C.Adams, PE <br /> General Manager <br />