The Nevada Observer: News

With the Colorado River flanking our southern border and the Truckee and Humboldt Rivers flowing through the northern counties, the major noise at the moment is from the West Nile, and at latest count, a majority of Nevada's 17 counties are affected. Or infected, as the case might be.

The West Nile Virus has arrived in Nevada for the first time. Although two Silver State residents were infected with the disease last year, it is believed they developed the illness out of state. This year, infected birds and virus-infected mosquitoes have been discovered in the state, and at least three residents have tested positive for the disease as we go to press. One horse in Churchill County had to be put down following discovery of the disease, and others are known to be sickened. Federal and state officials fear that Nevada's many wild horse herds may become infected, helping to spread the disease even more.

As the name implies, the West Nile Virus was first detected in North Africa and came to this country in 1999. Debilitating more often than fatal, at least 560 people have died in this country from the virus. Many people are treated for what they believe are flu like symptoms only to be told later, they have contracted West Nile Virus. Elderly and very young are most at risk for serious complications, even death.

According to the Centers for Disease Control and Prevention (CDC), protection from the disease is relatively simple. Wear long sleeve shirts and long pants, protect yourself from mosquitoes by way of insect repellant with DEET, and if possible, stay indoors during early morning and late evening.

Mosquitoes are the villains in the piece, and their correspondents are birds, particularly raptors and members of the raven family. It was a dead crow in Carson City that became the first known case of a Nevada connection. Jays, crows, ravens, and magpies are most likely the birds that will carry the disease from infected mosquitoes, but at least two diseased raptors have also been discovered in Nevada. Along with birds and humans, horses are very susceptible to the disease. The infected horse near Fallon had not been inoculated against the disease. Veterinarians strongly urge horse owners to have their animals inoculated.

Because of the fear the wild horse population may become infected, possibly leading to a large die off of the herds, ranchers are being advised in the strongest language to inoculate their horses, donkeys, and mules. There are thousands of wild horses throughout Nevada, and many of the herds are also close to urban areas which could help spread the disease into urban human populations.

Two hundred sixty two people died from the disease last year in the U.S., and at least four have died so far this year, including one from near-by California. There haven't been any Nevada deaths associated with the West Nile Virus.

Clark, Washoe, and Carson City have indicated they plan to step up mosquito abatement programs and other counties will probably follow suit. Arizona is one of the hot spots in the country for West Nile Virus. So far this year, Arizona accounts for 125 of the 182 positive cases in the country. About one percent of those infected die from the virus, while the disease is considered extremely dangerous for birds and horses.

The CDC says that about 80 percent of those contracting the disease aren't aware they have it. One of the ways health departments use to keep track of the disease is through testing of chickens. Chicken pens are set up in mosquito-infected areas, and the birds and mosquitoes are tested regularly. The disease is easily spotted in chicken blood according to the CDC.

We have included a pdf file from the CDC in this report. It is a fact sheet of what one needs to know about the disease and how to protect oneself from it. See box above.

Some Citizen Driven Initiative Petitions Will Appear On November Ballot

Marijuana Petition Fails To Make The Count

Secretary of State Dean Heller said that following the decision rendered by Carson City First Judicial District Court Judge Bill Maddox, his office is now declaring that the Raise the Minimum Wage and Stop Frivolous Lawsuits initiative petitions have qualified for the 2004 General Election ballot.

After Judge Maddox ordered the Secretary of State’s office to count disqualified signatures, Heller’s office re-tabulated the official count on the two petitions at issue in the case that had earlier failed to gain enough signatures statewide. Following the re-count, the Raise the Minimum Wage petition gained an additional 10,499 valid signatures, thereby raising the statewide total to 59,718. The Stop Frivolous Lawsuits petition garnered an additional 8,025 valid signatures, raising its statewide total to 57,617. A minimum of 51,337 valid signatures was needed to qualify for ballot access.

Secretary of State Dean Heller has asked the Attorney General's office to file an appeal in the First Judicial District Count in Carson City challenging the validity of the Maddox decision, in particular how it will affect, not only the minimum wage initiative, and the Stop Frivolous Lawsuits petition, but also future petition drives.

Heller said "I had not planned on appealing the judge's decision, but in light of the fact another lawsuit has been filed, based in part on Maddox's ruling, I have no other choice." Heller pointed out that lawsuits have been filed in more than one judicial district, and a final overall ruling is needed.

County clerks and registrars of voters need time to prepare the sample ballots, and if these initiative measures are to be there, "these questions must be answered soon," Heller stated. The general election is scheduled for November 2, however, Nevada's early voting period for the general begins October 16 and runs through the October 29.

The main point of contention is a U.S. Supreme Court ruling that seems to be in conflict with a Nevada Constitution provision that has been upheld by the state Supreme Court. Generally, a federal court decision will over ride a state provision, but Heller is basing his contentions on the state Supreme Court while Judge Maddox seems to be basing his on the U.S. decision.

Judge Maddox ruled that although the petitioners did not follow the prescribed Nevada constitutional requirements, a U.S. Supreme Court case revolving around petition signature gathering should render those requirements unconstitutional and ordered the Secretary of State’s office to count the signatures in question. The Stop Frivolous Lawsuits petition had earlier failed after 10,331 signatures were eliminated from the raw count. A total of 13,994 signatures on the Raise the Minimum Wage petition were not counted previously due to the same Nevada constitutional requirement not being met.

Although the Regulation of Marijuana petition was not involved in the court case before Judge Maddox, even if Heller added an additional 15,141 valid signatures that would have been counted based on Judge Maddox’s decision, the Regulation of Marijuana petition would still fail to meet the statewide standard, ending up with a total of 50,088 valid signatures. The petition would have also still failed in five counties. A total number of valid signatures equaling at least 10% of the turnout in the last General Election in 13 of 17 counties were needed. The petition failed in Clark, Douglas, Esmeralda (no petition submitted), Eureka and Humboldt counties.

The Education First and the Fund Education to the National Average initiative petitions earlier qualified for the 2004 ballot. Also included on the 2004 statewide ballot will be the “Keep Our Doctors in Nevada” question that must only receive a favorable simple majority vote in 2004 to become law. The 2003 Legislature could not agree on a compromise to the language contained in the Initiative Petition to Propose a New State Statute or Amend an Existing State Statute altering the Medical Malpractice language adopted during a special session in 2002.

By law, initiative language to propose a new statute or amend an existing statute that is not acted upon by the Legislature within the first 40 days of the session goes to a single vote of the people.

Two additional petitions—“Axe the Tax” and one prohibiting public employees from holding elective office—were granted an extension until July 20, 2004 by a Clark County District Judge to turn in signatures for verification. The petitions have been turned in and backers say they have more than enough signatures to make the ballot. However, Secretary of State Heller says the raw count has not been completed yet on those petitions.

In Nevada, an Initiative Petition to Amend the Nevada Constitution that qualifies for the ballot must pass in two successive General Elections to become law. Petitions that make the count will appear on the General Election ballot in November.

Axe The Tax, Public Employees Initiative Petitions Being Counted

The Numbers Are There, If Valid

Secretary of State Dean Heller says his office has received the raw count results on the Axe the Tax referendum petition and the Bar Public Employees From Serving in the Legislature initiative petition from County Clerks/Registrars of Voters. Both petitions received enough raw count signatures for Heller to instruct Clerks/Registrars to begin the signature verification process. Those results are due to the Secretary of State’s office by 5:00pm on August 9. Once the Clerks/Registrars have reported all of the numbers to the Secretary of State’s office, Heller will determine if each petition has qualified for the 2004 General Election ballot.

In 2004, an Initiative Petition to Amend the State Constitution requires a minimum of 51,337 valid signatures statewide (10% of the turnout in the last General Election) and at least 10% of the election turnout in at least 13 of Nevada’s 17 counties (see attached county breakdown sheet) to qualify for the General Election ballot. In Nevada, an Initiative Petition to Amend the Nevada Constitution that qualifies for the ballot must pass in two successive General Elections to become law. A referendum petition to approve or disapprove a current state law also requires a minimum of 51,337 valid signatures statewide, but those signatures may come from any county or combination of counties. A referendum that qualifies for the ballot must pass by a simple majority vote only once. If the voters approve the referendum it remains standing as the law of the state. If the ballot question fails it is void.

The Axe the Tax referendum petition received a statewide raw count total of 64,600, while the Bar Public Employees From Serving in the Legislature petition garnered a raw count statewide total of 62,292. Both petitions met the 10% number in 13 counties, each failing to receive enough raw signatures in Carson City, Douglas County, Lyon County and Washoe County.

The raw count is the total number of signatures appearing on a petition. If the total amount of signatures represented in the counties’ raw count is sufficient (enough signatures are present on the petition), the Secretary of State directs the County Clerk/Registrar to begin examining the signatures on said petition to verify there are no duplicate signatures or signatures of non-registered voters.

So far, five petitions have qualified for the 2004 ballot: Education First, Fund Education to the National Average, Raise the Minimum Wage, Insurance Rate Reduction, and Stop Frivolous Lawsuit. Also included on the 2004 statewide ballot will be the “Keep Our Doctors in Nevada” question that must only receive a favorable simple majority vote in 2004 to become law.

County-by-county breakdown
	Axe The Tax	Bar Public Employees
Carson City	1289	1049
Churchill	1112	960
Clark	46,255	46,806
Douglas	1556	1257
Elko	1764	1472
Esmeralda	83	68
Eureka	103	105
Humboldt	665	578
Lander	419	301
Lincoln	422	263
Lyon	1105	1045
Mineral	313	304
Nye	1798	1536
Pershing	293	284
Storey	286	246
Washoe	6685	5629
White Pine	452	389

Touch-Screen Voting Machines Certified, With Paper Trail

Some Rural Clerks Still Not Happy

Secretary of State Dean Heller in Washington, D.C. for the certification process, announced that both state certification and federal qualification of the voter-verified paper audit trail (V-PAT) printer that will be used on touch-screen voting machines in Nevada has been completed. Nevada thus becomes the first state in the nation to certify the V-PAT printers and will be the first state to use those printers for an election this year.

In making the announcement at the National Press Club in Washington, D.C., Heller stated, “As election officials, our responsibility is to provide voters with the highest level of accountability possible that their votes are recorded accurately." Heller went on to say, "The inclusion of a voter verifiable record assists in adding to the public’s trust in voting equipment. I am proud that Nevada will lead the nation by providing voter-verified paper record printers on our electronic voting machines, thus ensuring that the Silver State will produce the most accurate, most secure and most valid election results in the nation in 2004.”

The VeriVoteÔ printer component, manufactured by Sequoia Voting Systems, has been certified as meeting election and accuracy requirements at the federal level by Wyle Laboratories and at the state level by Steve Freeman, a highly respected expert in the field. The printers are being mass-produced by Sequoia and will be available to County Clerks/Registrars of Voters in Nevada by August 6, 2004. That date is less than a month before the scheduled Primary Election in September. Several County clerks in the rural areas of Nevada have said they are worried about that time frame.

In December 2003, Heller chose Sequoia Voting Systems to supply the entire state of Nevada with Direct Recording Electronic (DRE) touch-screen voting machines. At that same time, Heller pronounced his mandate that all electronic voting machines in Nevada include a voter verifiable paper trail on all new touch-screen machines by 2004, and on all other existing machines in the State by 2006.

Clark County, which encompasses Las Vegas and contains 70% of the state’s population, has successfully used touch-screen voting technology for the past eight years. The remaining 16 counties in Nevada had been using punch-card or optical scan voting machines. Those 16 counties will now use the new Sequoia DRE machines complete with the VeriVoteÔ printer. In Clark County, many of the existing machines will not be replaced until 2006. But all Clark County Voters will be able to take advantage of the voter-verifiable paper trail. More than 50% of voters in Clark County cast their vote during the Early Voting period and all machines used during Early Voting will include a VeriVoteÔ printer. Further, each polling place will have at least one DRE machine with a VeriVoteÔ printer available, according to Heller.

“Voting is the most fundamental freedom Americans enjoy; it is the backbone of a free and democratic society,” Heller said. “As the State’s Chief Elections Officer, my duty is clear: to provide voters with the highest level of confidence that elections in this state are fair, unbiased and secure. These critical principles led to my decision to be the first state in the nation to require and install a voter verifiable record printer on all of the state’s new touch-screen machines in time for the 2004 election. It is a right of every citizen to feel secure that the voting choices they make are recorded accurately. A paper trail is an intrinsic component of voter confidence.”

The voter verifiable paper trail allows voters to see their ballot choices on a written receipt under glass before finalizing their vote. The VeriVoteÔ printer is attached to the DRE terminal. After the voter makes their choices for various offices and ballot questions, the machine will print a copy of the selections that will appear behind glass, thus allowing the voter to review their choices. If the voter agrees with the printed paper trail, he or she is prompted to cast their permanent ballot. If the voter disagrees with the information on the paper trail or wishes to change their selections, the voter can reject their vote tally and go through the selection process once again. Neither the voter nor any poll worker is able to physically touch the paper trail at any time during the voting process. When the voter’s choices are finalized, the information is forwarded onto the recording spool, creating an unalterable paper trail.

Prior to making his choice of the Sequoia System's machines, Heller held open meetings to discuss the issues involved in touch-screen voting systems. According to the Secretary, the one thing that dominated these meetings was the requirement that a paper trail exist.

“Many computer scientists, election-related organizations and citizens groups have called for the inclusion of a paper trail on touch-screen voting machines as necessary to ensure voter confidence and help eliminate possible voter fraud,” Heller added. “In fact, Common Cause recently released a Statement on Voting Machines, that concluded, ‘…we believe that no one’s right to vote has meaning if the voter cannot be reasonably assured that their vote was counted as cast.’ ”

DRE voting machines have proven to be much more accurate than punch-card voting machines. During the recent California recall election, a study performed by the University of California, Berkeley found that the rate of votes not cast (under-votes plus over-votes) was nearly six times higher on punch-card systems versus electronic voting systems. Further, touch-screen voting machines facilitate early voting, allow disabled and visually-impaired voters to cast a ballot for the first time without assistance through the use of an audio component, prevent “over-votes,” minimize “under-votes,” and allow elections officials to offer ballots in multiple languages.

According to Clark County Registrar of Voters Larry Lomax, it's this ability to offer a ballot in Spanish that brings many Hispanics to the polls.

Voter Registration Gap Continues To Close

A Mere 718 Separates Congressional District 3 Voter Registration Total

Secretary of State Dean Heller announced that the number of active registered voters in Nevada at the end of June stands at 882,602, a rise of 16,465 from a month earlier. The gap between registered Democrats versus registered Republicans continues to close, with Republicans now holding a slim 8,513 advantage. The number of non-partisan registered voters is now 132,778.

Figures from the Washoe County Registrar of Voters also show the Democrats closing the gap in the north. Several thousand new voters have been added to the list already, and more registrations are coming daily. In the south, Clark County Registrar Larry Lomax has been counting several thousand new registrations weekly, but with a twist.

Lomax is fighting what he calls an epidemic of registration fraud. Registrations have come to his office with the names of Hollywood movie characters, names of illegal aliens, even out-of-this-world aliens, and names with addresses that can't be verified. Lomax said, "It's a nightmare."

Lomax said that politically motivated groups are soliciting registrations, but that some of those groups are doing it fraudulently. It is against federal and state law to pay solicitors by the registration. They can only be paid by the hour. According to Lomax, he believes some political organizations are paying their employees as much as $3 for each registration form they turn in. Even if the name on it is Captain Jean-Claude Piccard.

In the north, according to a source at the registrar's office, no such fraud has been detected.

Heller said, “As we draw nearer to this year’s elections, we’re continuing to see the voter registration totals between the two major parties inch closer and closer each month. With Nevada being declared a ‘battleground state,’ the registration numbers will most likely continue a steady upward climb as more and more groups work to enlist additional voters. Presently, about 52 percent of eligible Nevada voters have registered. We hope to see that number rise well above the 65 percent mark.” According to State Demographer Jeff Hardcastle, there are approximately 1,680,000 eligible voters in Nevada.

To view a breakdown of the number of registered voters for each county, assembly and senate district, or for more information on Nevada elections, go to http://secretaryofstate.biz, click on “Elections” and then scroll down to “Voter Registration Reports.”

Regents May Be In Violation Of Open Meeting Law

According To AG Charge, The Stuck Record Continues

When the University of Nevada System Board of Regents meet, it seems that within days there will be charges of open meeting law abuse. And, according to the Nevada Attorney General's office, it happened again on May 7.

According to the Attorney General, if the regents don't agree to a settlement deal, a lawsuit against the board will be filed.

This altercation stems from a request by the Las Vegas Sun newspaper for a copy of the contract reached between the regents and their new interim chancellor, Jim Rogers. The request was refused, a violation of law, and a complaint was filed with the Attorney General.

According to papers released by the AG's office, the posted agenda for May 7 listed approval of the contract between the board and Rogers, and as such, is a public document.

Clark County District Judge Jackie Glass ruled earlier this summer that the board of regents was in violation of the Open Meeting Law during meetings that led to demotions of Ron Remington, former president of the Community College of Southern Nevada, and others on the staff. The Glass ruling is being appealed to the Nevada Supreme Court.

In the meantime the Legislative Commission subcommittee is looking into recommending a change in legal counsel for the board of regents. The regents have hired their own counsel, but many legislators would prefer the regents be served by the Attorney General's office as most state agencies are.

The Legislative Commission meets during periods between regular legislative sessions. It would take a legislative act to make the counsel change, and Senator Randolph Townsend (R-Washoe) feels that would happen quickly. The next session of the legislature is slated to get underway February 7, 2005.

When he was informed of this most recent challenge to the open meeting law by the regents, Townsend fumed, "What part of the open meeting law don't these guys get?"

Nevada's Open Meeting Law was designed to make government as open as possible and to keep various agencies that exist on public money from doing business behind closed doors. During the past few years there have been more open meeting law violations brought against the University System Board of Regents than any other state agency. Various regents have insisted they are acting under the opinions of their legal counsel and feel they aren't in violation of the law.

Taxable Sales figures Continue Their Climb

Nevada's Economy Seems To Be Rock Solid

The Silver State Department of Taxation reports May 2004 taxable sales are 12.5 percent higher than the same period in 2003, standing for the fiscal year at $34.6 billion. It isn't that rosy in all the counties of the state however. Churchill, Lincoln and Pershing counties showed decrease for the period.

Overall, it is the fifth consecutive month of taxable sales increases, all five being ten percent or more.

Retail stores selling apparel and accessories led all divisions of the economy, showing an increase in taxable sales of 16 percent, followed by automotive and gasoline sales up 13 percent. Home furniture sales increased by 11.2 percent and all other sales increased by 10.5 percent. Restaurants and bars showed an increase of 11.7 percent.

According to taxation officials, all those figures represent a total in the state's coffers of $702.8 million. For the year, sales of taxable goods have risen a total of 13.7 percent. Governor Kenny Guinn based his huge tax increase package in the last legislature on a total increase of 5.1 percent.

Tax from cigarettes, which increased dramatically are two percent off what had been anticipated, but is still a whopping $96.6 million. Sales of liquor brought in $33 million while the live entertainment tax has brought in a paltry $3.9 million this year. According to taxation figures, the live entertainment tax had been forecast to bring in $27 million this year.

Northern Nevada Economic Indicators Remain Positive

The future of technology-based companies in Northern Nevada looks positive according to a survey of 48 Washoe County technology, medical and information services companies. The survey conducted by Business Builders, the business retention and expansion division of the Economic Development Authority of Western Nevada (EDAWN), shows that the companies surveyed are projecting planned expansion resulting in 1,127 new jobs, nearly 812,000 additional square footage and $48 million in new capital investment by 2006.

The data supports a long-term shift occurring in the national workforce from goods-producing jobs such as manufacturing to service-producing employment jobs such as those in the tech and medical industries. According to the American Electronics Association, Nevada is seeing a similar trend as the state ranked 10th in the nation for percentage increase in the number of high-tech jobs at 58 percent from 1995-2001. In 2002, Nevada’s high-tech payroll topped $1 billion for the first time in the state’s history.

“The survey indicates that tech and medical-based businesses in Washoe County are showing sustainable growth over the next three years with 36 percent of the companies interviewed planning to increase staffing which is the largest percentage of companies in the previous three industry surveys conducted this year,” said Gail Conkey, director of business services for EDAWN. “Additionally," she said, "these positions are typically higher paying jobs and are low users of natural resources such as land and water which is a ‘win-win’ for employers and the region.”

The survey conducted from April 2004 to June 2004 asked open-ended questions about the community’s strengths as a place to do business. The top three strengths mentioned most often were quality of life, growing population, and positive tax environment. The companies cited concerns about the availability of skilled employees in the area amplified by Washoe County’s low unemployment of 3.3 percent in May 2004.

On June 30, 2004, Business Builders ended the year by completing four phases of business interviews with local executives in primary industries, or those businesses that import revenue into the region by exporting goods and services. The four phases included: Phase One - finance, insurance, transportation and logistics; Phase Two – manufacturing; Phase Three – tourism, gaming and recreation and Phase Four – technology, medical and information services. Business Builders volunteers interviewed 223 Washoe County businesses last year. The companies interviewed collectively project increased new jobs and capital investment by 2006:

Mega-Mergers Continue Feds Will Have Final Say

Harrah's Entertainment is looking to buy Caesars Entertainment for $9 billion in the second major merger of casino giants this year. As with the MGM Mirage/Mandalay Bay Resorts merger, the Federal Trade Commission among other will determine whether or not the sale and merger is completed. Conflicts such as territory and anti-trust issues will take some time to work out.

If the new company comes to be, the chances are it will have to sell off some casino properties in Atlantic City, Mississippi, Nevada, and Indiana. There are adjoining properties, and the feds aren't going to allow that.

Along with federal investigations, the company will have to make it past gaming boards in the various states and jurisdictions in which it has properties.

According to analysts, the merger is the largest buyout ever of gaming giants. Harrah's already has interests worldwide, and this should solidify the corporation as the world's largest gaming property. Harrah's Entertainment operates 28 casinos with about 41,000 employees while Caesars also has 28 properties worldwide and about 54,000 employees.

Some say it may take at least a year for all the hurdles to be overcome and the companies become one.

Mud-Slides The Big Concern Following Disastrous CC Fire

Fire Crept Right Into Town Millions Spent For Control

Federal and local officials have been meeting to come up with plans to rehabilitate parts of the Carson Range of the Sierra Nevada mountains burned in the Waterfall Fire that crept right into the Silver State's capital city. The cost of the fire suppression, loss of property, and rehabilitation has not been determined but is expected to be well into the millions of dollars.

Fire agencies from throughout northern Nevada participated in the struggle along with various agencies from California, Arizona, the Forest Service, BLM, and other organizations. Airplanes, helicopters, and ground crews worked to finally bring the conflagration to ground.

Among the agencies doing the planning, many of which will also be doing the work, are U.S. Forest Service, Nevada Department of Wildlife, Nevada Division of Parks, Nevada Division of Forestry, and Carson City.

Homes, outbuildings, and at least one business was lost in the fire that burned almost 9,000 acres, but thankfully, there was no loss of life. One foolish reporter lost his vehicle and got burned in the process, this despite proper training from fire officials. Reseeding on more than 5,000 acres is expected to get underway immediately as the current danger is from the possibility of mudslides if major summer thunder storms come through the area.

According to officials on the scene, more than 3,000 burned and downed logs will be used to create erosion barriers, along with rocks and berms. The fire raced through urban neighborhoods, and many landscape type trees, some estimate more than 100, will have to be removed because of the danger they pose to people in the neighborhoods. Trees weakened by fire can crash at any time, or be blown over by strong winds.

Virginia City still gets its water from Marlette Lake by way of pipelines and pumps in the Lakeview area that separates Carson City from Washoe Valley. The pipelines are in danger from falling trees that were damaged in the fire, and from rock and mud slides. Other pipelines in the area also feed Carson City. Water lines and roadways in Kings Canyon also face major improvements and rehabilitation.

In all, 17 homes were destroyed and many more were damaged by the fire that burned 8,700 acres. At its height, the fire hosted several thousand fire fighters, some in airplanes, some as support. At this time, there is no indication when a monetary total might be known.

Children, Fireworks, Four Homes Lost In Reno

Two young boys are responsible for the loss of four homes and damage to another, as they played with some fireworks in tinder dry brush near the homes. Fire officials are contemplating what charges, if any, that might be filed in the matter.

The homes located along a steep hillside in northeast Reno were completely involved within minutes according to eyewitnesses on the scene, and firefighters have said they didn't stand of saving any of the four units. Their efforts were aimed at protecting the homes not involved.

The boys have been identified, not publicly, and it's believed there will be considerable civil court action following the huge loss. Most of the homes in the area are believed to be in the $200,000 to $300,000 price range.

Mount Charleston Fire Coming Under Control

Now listed at about 290 acres, the Mount Charleston fire is more than half contained as we go to press, and full containment is expected shortly as weather in the area has moderated slightly. There are as many as 350 homes in the Kyle Canyon area.

Just 35 miles from Las Vegas, smoke was visible. Hot dry weather throughout the west is making fire danger extreme according to fire officials. Called the Robber's Fire, no homes have been lost in this latest conflagration to strike the Silver State.

Barrick Goldstrike To Build Power Plant Near Tracy

The Public Utilities Commission (PUC) granted a conditional permit to Barrick Goldstrike Mines to construct a 118-megawatt natural gas power plant to supply power to its mine near Carlin. The plant will reportedly be built near an existing power plant at Tracy, along the Truckee River. In a separate filing earlier this year, the Commission approved Barrick’s application to exit the Sierra Pacific Power Company (SPPCo) system and provide its own power.

The Commission granted preliminary approval after determining that Barrick’s project enhances electric utility reliability and serves the public interest. However, the permit is conditional upon Barrick demonstrating to local, state and federal regulators that the project complies with all applicable environmental and land use laws.

Commissioner Carl Linvill cited additional benefits for SPPCo’s remaining customers including cost savings to ratepayers from a below market price contract for power from a portion of Barrick’s facility and reliability benefits from adding additional generation within the commercial power company's service territory.

“Barrick’s project fulfills the intent of AB 661 because it relieves SPPCo from the obligation to use its resources to serve Barrick and thus frees up resources to serve its remaining customers,” Linvill said. “Having these additional resources to serve its customers will make SPPCo less dependent upon power purchases from the regional market.”

Once Barrick has obtained the required permits, the PUC staff will conduct a compliance review and make a recommendation for the Commission to issue a final construction permit.

A Federal Court is Heard To Say "Can You Hear Me Now?"

New Rules To Help All Wireless Telephone Users

Attorneys General from thirty-two states have entered into settlements with three of the nation’s largest wireless telephone carriers Nevada Attorney General Brian Sandoval says in a recent press release. According to Sandoval, Verizon Wireless, Cingular Wireless, and Sprint PCS have been at odds with existing law.

Terms of the settlement require the carriers to provide coverage maps to consumers, give consumers at least two weeks to terminate service contracts without incurring any penalties, and changes the way these carriers advertise and sell their services and coverage. The wireless carriers also agreed to pay a total of $5 million to the various Attorneys General to cover the costs of the multi-state inquiry and to fund consumer education.

Consumers may be familiar with the maps previously provided by wireless carriers which consisted of a map of the entire calling area, in some cases, the entire United States, colored in. Carriers referred to these maps as “rate maps,” indicating where rates were available. Coverage was not necessarily available in the entire calling area or the entire United States for a variety of reasons, including lack of cell towers, lack of roaming agreements, lack of capacity to accommodate all calls during certain high peak times, and physical obstructions, such as buildings, hills, and trees.

Verizon Wireless, Cingular Wireless, and Sprint PCS will now provide coverage maps to consumers that are as accurate as possible under current technology.

Additionally, the three carriers have agreed to provide new customers with a minimum of 14 days to try out their wireless service to make sure service is available where they need and want it. During the return period, new customers will be permitted to terminate their service contracts for any reason without paying the early termination fee provided for in the contract. The three carriers have further agreed to provide a new return policy permitting new customers to terminate their service contracts for any reason within 3 days without paying the early termination fee and the carrier will return any activation fee the consumer may have paid when he or she signed up for the service.

Other provisions of the agreement call for certain disclosures in the carriers’ advertisements and through their retail, Internet, and telemarketing sales channels which are designed to provide consumers with comprehensive information about the costs and limitations of their wireless service.

These settlements resolve state consumer protection investigations of the carriers focusing on alleged misleading advertisements and unclear disclosures relating to service agreement terms and wireless coverage areas. The states entering into the settlement with the carriers are Alabama, Arkansas, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Texas, Virginia, Wisconsin and Wyoming.

For more information on how you can help prevent illegal deceptive trade practices you may contact the Nevada Office of the Attorney General, Bureau of Consumer Protection at (775) 687-6300 in northern Nevada, or (702) 486-3194 in southern Nevada.

The Buzz Around the Silver State

From our Correspondents

(Carson City) --- Four hearings are scheduled in August according to a press release from the Public Service Commission. The first, a General Consumer Session will be held in Elko at the Elko Convention Center on August 16 at 6 p.m.

On August 19, a consumer session will be held for a Southwest Gas Purchased Gas Adjustment Case in Carson City at the PUC. The hearing will take place at 6 p.m. in Hearing Room A.

On August 24, a consumer hearing for Westpac Purchased Gas Adjustment Case will be heard at the Reno/Sparks Convention Center beginning at 6 p.m., and on the following day, the hearing will be held at the Sahara West Library in Las Vegas, also at 6 p.m.

Continued Radiation Fears At Closed Yerington Mine

Soil and water testing is continuing at the closed copper mine near Yerington that was operated by Anaconda Copper Co. High levels of uranium have been found in the water standing in the old mine pit, and from soil samples taken from the pit and surrounding mine tails.

There are fears the radiation could get into the ground water in the area. Yerington, Smith, and other areas of Lyon County may have been somewhat contaminated by dust blowing from the mine site. Thousands of acres in the immediate area of the old mine are farmed, and produce from the area have been sold in many markets in Nevada and surrounding states. It isn't known if any of the produce carried traces of radiation.

At this time the Environmental Protection Agency (EPA) and other federal and local agencies are not ready to declare the site a "SuperFund Site," but considerable testing is taking place. According to reports, concentrations of uranium are about 200 times higher than the U.S. drinking water standards.

It isn't unusual to find high amounts of arsenic in Nevada's ground water systems, but officials say levels of radiation levels this high are very unusual. It also isn't clear whether or not Anaconda Copper was aware of the amount of uranium that was in their mine. It is unusual to find these amounts of the radioactive element in copper mines in Nevada.

According to the EPA, "Nothing we've found indicates there is any imminent risk." The 3,600-acre mine site has been put off limits to the general public and efforts are underway by EPA to allow for full time security people to be at the site.

Truckee Meadows Regional Plan Close To final Agreement

(Reno) --- The biggest change is simply semantics some are saying, while others believe slight changes that have been offered will make a planning agreement between Washoe County and the cities of Reno and Sparks much easier to live with.

According to Reno's Community Development Director John Hester, "We propose to change the language in the code used to evaluate plan amendments." As the regional planning agreement stands right now, a plan would indicate impacts on traffic, natural resources, and other situations. According to the new language, Hester says, "impacts must be detailed not just indicated." The plan "must make a finding that any negative impact is mitigated."

When the language is accepted by all parties, it will then be up to District Judge James Hardesty to put the plan into effect. Hardesty has been overseeing the agreement since 2002 after the Washoe County Commission filed a lawsuit over the language the cities had adopted for cooperative planning.

Attorneys representing the two cities have told Hardesty they agree with the language changes, and will present them to their respective boards. The county is in agreement.

Hot August Nights Underway

(Reno) --- This first week of August is set aside for hot rodders in northern Nevada. Officials are expecting 5,000 to 6,000 hot rods to descend on the area for the traditional Hot August Nights celebration.

Many streets in Reno and Sparks will be closed during the week long party, and those that aren't closed will be clogged with traffic from the event. Cars will be shown in Reno, Sparks, and even outlying areas. Included in the event again this year will be the cruising and showing of some pretty fancy 18-wheelers. Never seen an 18-wheel hot rod? You're in for a thrill.

The event is scheduled to end on August 8, at which time of course, all road construction will take up the slack, continuing to make your life hell on the highway.

Washoe County Web Site Available To Check Your Registration

(Reno) --- Washoe County Registrar of Voter Dan Burk has set up a web site for residents of the county to check their voter registration. Go to http://www.washoecounty.us/voters and simply follow the easy directions. Members of the Nevada Observer staff did, and found all who live in Washoe County are legally registered.

Although you can't register through the web site, you can download registration forms that can then be submitted in person or by mail with the registrar. Registration for the Primary Election closes on August 17 with early voting scheduled to begin August 21 and run through September 3. Nevada's primary election will be held on September 7.

There was only one downside to the information available on the web site. According to a correspondent who checked his registration, all you need to do to initiate the search is enter a last name and a birthdate. "In other words," he said, "if I know someone's last name and birthdate, I can enter that and get home address, phone number, and party affiliation." Also, which precinct the voter would use. "I'm not sure I appreciate that," he said.

Community Owned Mercantile Store To Become An Ely Reality

(Ely) --- They needed to sell $400,000 worth of stock before they could say the Community Owned Mercantile Store would replace the closed JC Penney store in downtown Ely. Some 300 individuals, companies and entities have purchased 808 shares of stock, bringing in $404,000.

Officials say the new full service department store will probably open in November of this year. The Penney store will be their home. JC Penney officials have said they plan to continue with a catalog center. Penney's came to White Pine County in 1910. The store closed yesterday, July 31, 2004.

Because of a downturn in mining, the economic news emanating from this eastern Nevada community has not been very positive for a number of years, but county and city officials are hailing this new venture, some saying this will be what it takes to light a fire in the White Pine economy.

The mainstay of the economic recovery is tourism while ranching and mining continue to add to the county's coffers.

Stock sales for the community owned store are continuing, and shares are currently valued at $500 each. For more information, go to http://www.whitepineproud.com, or call 775-289-2282.

New Power Plant Coming

(Ely) --- It's still in the distant future, but those attempting to bring a coal fired power plant to White Pine County say they are moving as fast as possible. Called White Pine Energy Associates, the plant is expected to be built on 1,300 acres of land between McGill and Cherry Creek and use a power corridor previously approved by BLM.

An existing rail line as well as U.S. Highway93 is also part of the plan. Construction isn't planned until sometime in 2006, and if all the permits are in place, the plant could be operating fours years later. It's expected to employ about 100 people.

More Secrecy In Government? Las Vegas City Wants That

(Las Vegas) --- While the legislature and courts are fighting state agencies that simply don't believe in Nevada's Open Meeting Law, the city of Las Vegas may have found a way around the law and may be able to bring even more secrecy to local government. Heaven forbid if the public should know what's going on at city hall. Use National Security; use a threat of terrorism; even bring in the threat of child molesters.

That's the brunt of a plan by the city. Change state law to restrict access to city meetings and records, meetings and records currently open to the public. All in the name of national security.

The powers that be within the University System Board of Regents missed this one, as did a few other agencies of the government.

And of course, there's no plan to put this kind of question to a vote of the people, the people who would be denied the opportunity of knowing what their government is doing.

West Nile Virus Found In Silver State

Three Nevadans Sickened, Several Birds Found Dead

by Johnny Gunn