This article was posted 12/10/2007 and is most likely outdated.

Supreme Court Upholds Award for Marathon County Dairy Farmers
 

 

Topic - Stray Voltage
Subject - Supreme Court Upholds Award for Marathon County Dairy Farmers

December 10, 2007
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Supreme Court Upholds Award for Marathon County Dairy Farmers

MADISON— The Wisconsin Supreme Court has upheld a nearly $533,000 award to Marathon County dairy farmers who claim a power company’s stray voltage hurt their cows’ milk production.

In a 4-to-3 split decision Thursday, the court rejected arguments made by Northern States Power Company that the lower court’s decision be overturned.

The company has argued that some of the verdict questions a judge submitted to the jury were in error. But the state’s high court says no errors were made.

In the Marathon County case, James and Michael Gumz of rural Athens said they began noticing physical and behavioral problems in their herd in 1991, 10 years after they bought their parents’ dairy farm. The problems included cow deaths and poor milk production.

The problems persisted, and in 1996 they asked Northern States Power to conduct tests for stray voltage.

Stray voltage is electricity that leaks from a utility’s electrical distribution system or farm wiring. Some utility companies argue stray voltage isn’t a problem, while some farmers claim it hurts cows’ health.

The power company said its tests showed the “cow contact voltage” was below the “level of concern.” However, an independent electrical tester hired by the farmers determined that stray voltage from the power company’s distribution system was coming onto the farm.

The Gumzes sued in 2001 and were awarded $332,336 by a Marathon County jury for lost milk production and lost market value of their cows and $200,000 for “annoyance” and loss of use and enjoyment of their property.

An appeals court upheld the ruling, which the Supreme Court affirmed Thursday. The high court said the Gumzes’ action was not barred under the state’s six-year statute of limitations because they showed reasonable diligence in investigating the cause of damage to their herd.

The court also ruled in favor of Clark County dairy farmers in a stray voltage case, sending it back to a lower court for a ruling.

Wausau Daily Herald

 

 

 

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Comments
  • I do have concern for a "precedent" being set, because every situation is different. The series of events involved in this case may not be typical of others, but the same "precedent" may be applied. I believe that an objective third party needs to exist that has the knowledge and experience to help with these situations. Our local farmers, as well as ourselves (electric co-operative), have had the benefit of such a person. He works for the ag extension office of a university. He has the knowledge and experience to help solve these problems. He has pointed the finger at us (many times)as well as the farmer, the difference is he is able to bring resolution to where the problem exists. His objective is to resolve the problem, not line his pockets. Too many people find it easy to blame the utility just as well as too many utilities blame the farmer. If any 'precedent' needs to be set, this is it.

    Bob Joslin
    Reply to this comment
  • Reply from: Wyatt   
    Don't forget.....the utility companies are exempt from the NEC ! They must have a good lobbyist..........maybe Jack Abramoff ?
    Reply to Wyatt


  • Thanks, Mike for passing this along. I'm glad to see a precidence of this magnitude set in this area, it has been a long time in comming. It would be differant if we didn't know the causes and cures for this, but we do. Does anyone know the magnitude of the stray voltage we were dealing with here?

    Wesley Gerrans
    Reply to this comment

  • I have worked on several "stray voltage" issues and they are complex. It is tempting to blame the utility since they have deep pockets and "are the source of the stray voltage." However, I have seen that poor maintenance and home-brew wiring by the dairy can equally be the cause. I agree with Bob Joslin that working together to resolve the problem is needed, not pointing fingers. Both parties need to step to the plate and work together. There are ways to solve stray voltage issues but they cost money. The utility needs to be willing to "pony up" and so does the dairy.

    Mike Beanland
    Reply to this comment

  • Maybe they will start putting isolater blocks on now!

    mike pagano
    Reply to this comment

  • Contrary to comment that, “Reply from: Bob Joslin Neutral isolators are actually the "last resort" in abating this issue. Isolators do not "solve" the problems attributed to the utility side of the system, and do absolutely nothing for the consumer side of the facilities.” Is COMPLETELY WRONG. The Electric Power Research Institute (EPRI) states that they expect 60 percent of the phase current to flow back over the earth on the way back to the substation transformer. We have measured as high as 81 percent of the phase current flowing back over the earth. Of that 60 percent the neutral blocker will block approximately 50 percent or more. In many cases especially with swimming pools the reduction of the directly connected stray current from the primary neutral of the pole mounted, pad or underground transformer flowing through the pool is reduced. What stray current left to flow is only that stray current from the multiple electrical connections from the bastardized neutral to earth connection, which is made at least 4 times per mile.

    Donald W. Zipse, P.E.
    Reply to this comment

  • The term BASTARDIZE as per the dictionary is correctly used - To lower in quality or character; debase. Excerpted from American Heritage Talking Dictionary. Copyright © 1997 The Learning Company, Inc. All Rights Reserved.

    Donald W. Zipse, P.E.
    Reply to this comment

  • I have to disagree with Zipse on a number of issues. The reason for a lot of neutral current flowing through the soil in rural areas is because of the practice of running running single phase and 3 wire network primaries for a kajillion miles. In the areas where the the primary is the full 4 wire wye the neutral current in both the wire and the earth adds up to a rather small value.

    Since most of the cost of erecting an overhead line is in the poles and the first 2 wires adding 2 more wires does not cost that muych extra. A wooden pole itself costs about $3,000 to $5,000 plus labor. Given that modern insulators have vey low losses the extra no load loss of a full 3-phase line is negligible.

    For that matter, some of the transformer primaries can be connected phase to phase so that you have a mixed multigrounded/unigrounded system. Single phase motors have better voltage drop when starting when the transformer primary is phase to phase. A sulfuric acid plant just west of Akron, Ohio has all of their transformers including some single units strictly phase to phase on 7,200Y12,470 volts. A 12,000 volt 2 bushing transformer has a tap for 12,500 volts. For that matter, connecting some transformer primaries phase to neutral and some phase to phase reduces 3rd, 5th, and 7th harmonics in the primary system. Cleveland Electric Illuminating Company does something similar on 7,620Y13,200 volts with 3-phase pad mounted transformers that have delta primaries.

    Using a totally ungrounded primary system actually makes a lot of safety problems worse. Wind induces static eletricity on overhead wiring plus there is Saint Elmo's Fire when it is raining. Frequent connection of transformers phase to neutral get rids of a lot of "low level" static electricity that fries stuff. The one time that 480 volts ungrounded blew up in my face and I had to work a 16-hour shift was during a rainstorm. We lost a 300-horsepower soft start, the wires that fed it, and a 100-HP motor. The damage rate on 277Y480 is so much lower that there is no comparison.

    Isolating the secondary neutral does not necessarily keep current in the earth from invading swimming pools or milking parlors. If your secondary neutral is isolated just remember that the secondary needs 4 grounding electrodes to make telephone protector blocks and CATV legal. The CATV also needs an isolator for the cable shield lest primary neutral current sneaks through. I still cannot figure out how losing the service neutral to a house that has well water does not fry the CATV service.

    Also, the refusal of power companies to allow houses to have 3-phase power to operate heavier loads. A geothermal heat pump all by itself eliminates the distinction between residential and industrial. If a power company wants to use radios to force contral air conditioners onto an automatic generator during peak periods what the homeowners needs is a 3-phase generator turning a 3-phase air conditioner. There is a standard generator under the Miller brand name that provides both 10,000 watts 120/240 single phase and another 10,000 watts 277Y480 3-phase. Considering that modern electronic meters can be set up so that 1 meter totalizes the other meter there is not a really good reason why house current cannot be 120/240+277Y480 6 or 7 wire. This would actually provide better power quality in geothermal heat pump neighborhoods by putting the heat pumps on transformers for the lighting. For that matter, that way that noise abatement was done along Interstate 71 in Columbus, Ohio was to put 3-phase air conditioners into all of the hoses nearby. Those companies that do put 3-phase power into houses have shown that it does not cost that much extra, relieves some types of problems, and the zoning board thought police have not encountered problems with somebody running a machine shop in their basement or garage.

    Michael R. Cole
    Reply to this comment

  • I assume when some refer to using "two bushing transformers", they are referring to an electrical distribution system which is a three wire delta, as we use two bushing transformers on our four wire grounded wye. I am curious to know the opinion, of the proponents of the three wire delta system, as to why utilities who operate such a system still deal with stray current/voltage issues, much as our neighboring utility does?

    Bob Joslin
    Reply to this comment

  • I have a question, can these stray currents be considered to be "anomolies"? And, if so, would it be possible to detect, measure and plot these anomolies for location, direction and magnitude, with a non-contact method? It seems to me, a certifiable method of detection, would eliminate some of the "ghost hunting".

    Thank you,

    Mark Prairie
    Reply to this comment

  • We had similar occurances here in Utah. It involved the IPP plant in southwestern Utah

    Mark Jacobsen
    Reply to this comment

  • How about that. A win for the little man.

    Kenny Lemere
    Reply to this comment

  • The split decision indicates there are members of that court who kind of "sided" with the utility co. No surprise. I hope Mike will follow this and let us all know if the utility co. actually pays this award.....AND....AND....WILL THEY TAKE ANY ACTION TO CORRECT THE STRAY-VOLTAGE?? If the court ordered only the payment of $ , but nothing else, the stray-voltage will still be there. Are there more appeals, or did the buck stop? Some, but not all, utilities are arrogant and can do no wrong. If the plaintiff keep the dairy farm, either he or the reluctant utility would have to take corrective measures.

    Wyatt
    Reply to this comment

  • An Important precedent has been set for the state of Wisconsin. I wonder what influence this will have at the Federal level?

    Thanks,

    Mark Prairie
    Reply to this comment


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