Legalectric

Lots happening with Excelsior Energy’s Mesaba Project as it inches toward its long-awaited demise. First up — Excelsior Energy’s ex parte contact! It’s pretty basic, and the rules in Minnesota are pretty specific, but remember, we’re talking about Excelsior here…

First email:

>>> “Leanne Stanley” <LeanneS@excelsiorenergy.com> 7/26/2007 10:42 AM >>>

Hello everyone – as you know, our hearing before the Public Utilities Commission is next Tuesday, July 31.

We’ve been working hard to prepare, and as you’ve seen by our recent announcements, the Project itself is shaping up quickly. We have passed a lot of milestones this summer, including getting our transmission interconnection agreement signed so our output will be deliverable throughout MISO, getting site control of our second site, kicking off the final phase of engineering before construction starts, and nearing the date our joint state/federal EIS will be published. But, now is crunch time – you have been so helpful and supportive in the past, but I would like to ask you to do one more thing before the hearing – please email the PUC Commissioners and express your support for the Mesaba Project. Just a few sentences in your own words would be extremely helpful. Here are the email addresses for the Commissioners: Please reference The Mesaba Energy Project PPA Docket No. 05-1993

(Excelsior linked PUC Commissioner’s emails here — REDACTED BY CAO!)

Please do not hesitate to contact Pat Micheletti at 651-214-5184 or me at 218-245-1205 if you have any further questions. As always, thank you so much for your continuing support!

Leanne Stanley
Public Affairs Representative

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Second email — oh, I bet you wish you could:

>>> “Leanne Stanley” <LeanneS@excelsiorenergy.com> 7/26/2007 11:00 AM >>>

Leanne Stanley would like to recall the message, “UPCOMING PUC HEARING – COULD YOU SEND AN EMAIL FOR US?”.

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Third email — aaaahhh, the joys of the internet:

>>> “Leanne Stanley” <LeanneS@excelsiorenergy.com> 7/26/2007 12:10 PM >>>

Hi –

Please disregard the email you received from me earlier today. It was sent in error. Please do not send any emails to any of the people listed in my earlier email request. I apologize for any inconvenience caused by my earlier message.

Thank you,

Leanne Stanley
Public Affairs Representative

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The statute and rule are pretty clear on prohibitions of ex parte communications. Here’s the statute, which also lays out the Complaint process:

216A.037 EX PARTE COMMUNICATIONS; CODE OF CONDUCT; RULES.

Subdivision 1. Ex parte communications prohibitions; rules. (a) The commission shall
adopt rules under chapter 14 prescribing permissible and impermissible ex parte communications. The ex parte rules may prohibit only ex parte communications, directly or indirectly, between a commissioner and a participant under the commission’s rules of practice and procedure relating to:

1) a material issue during a pending contested case proceeding…

Here’s the rule:

7845.7200 PROHIBITED EX PARTE COMMUNICATIONS.

Subpart 1. Communications with commissioners. An ex parte communication, either direct or indirect, must not be made or attempted to be made between a commissioner and a party concerning:

A. a material issue during a pending contested case proceeding, from the date the matter is referred to the Office of Administrative Hearings until the commission issues its final order and the time to petition for reconsideration expires, or until the commission issues a final order responding to the petition for reconsideration, whichever is later…

Something tells me Leanne’s in a bit of a pickle…

Meanwhile, the Minneapolis/St. Paul Business Journal has named Julie Jorgensen as a “Woman to Watch.”  Don’t worry, Julie, we be watchin’.