We’re working on the revisions of the Minnesota Public Utilities Commission rules for Certificate of Need (Minn. R. Ch. 7849) and for Routing/Siting (Minn. R. Ch. 7850), and it’s OH SO PAINFUL and tedious.  But this is where it happens — the rules developed here will be presented to the PUC to release for public comment and adoption — and once they’re released, they can’t adopt rules that are significantly different, so realistically, there won’t be major changes.  It’s now or never… this is where participation matters.

Our next meeting is Wednesday, August 20 from 9:30 a.m. to 11:30 a.m. in the Commission’s Large Hearing Room in the Metro Square Building, located at 121 Seventh Place East, St. Paul, MN 55101. The PUC will provide refreshments.

FINAL MEETING – Wednesday September 24, from 9:30 a.m. to 11:30 a.m.

Please take a look at these rule drafts and send in your comments.  Here are the latest drafts.

August 13 Draft 7849

7850 July 8 draft

August 13 Ch. 7850 comparison

The next meeting is this Wednesday, so not much time for review and comment.  Comments can be sent to kate.kahlert [at] state.mn.us and/or posted in the PUC’s Rulemaking Docket, 12-1246.  To see what all has been filed in that docket, go to PUC SEARCH DOCKETS PAGE and search for 12-1246 (“12″ is the year, “1246″ is the docket number).

Good news from the MPCA?

July 29th, 2014

MPCA Web logo

Credit where credit is due!  MPCA, keep at it!  You all know I love to slap up the MPCA, well, any agency, when they’re missing the boat.  Well, I also am a big believer in letting them know when they’re doing something right, and I’m cautiously optimistic that we’re seeing the beginning of something important!

For most of this year, the Minnesota Pollution Control Agency has been holding meetings about Environmental Justice, and it looks to me like the MPCA is working to shift active identification and recognition of environmental justice issues and impacted parties/resources to the agency.  Agency initiative.   Can this be?

Yesterday’s agenda (and GREAT food!):

28 July Agenda Final_MPCA

Check out the MPCA Environmental Justice Page!

I’m a grizzled old fart, and have been around agencies for entirely too long, but what is apparent is that this agency is taking the initiative to address environmental justice issues, and to be proactive, not just reactive.  And it’s not just me, there are a few other grizzled old farts who are encouraged, excited, and looking forward to progress.  It feels like something may be happening.

What I’ve also noticed is that the “usual suspect” organizations are absent.  There’s a big long list on the MPCA Environmental Justice Page and with one exception, they’re no shows.  Karen Monahan, Sierra Club, has done a lot to get this moving.  Is it that these other groups don’t care?  Is it a coincidence that things are happening in their absence?

The “Framework Elements” are:

  • Core Regulatory Services (Permitting, Compliance and Enforcement, etc.)
  • EJ Area Analysis
  • Enhanced Ouutreach
  • Consideration of Cumulative Impacts
  • Stakeholder Engagement

Hey, MPCA — can you post the handouts from yesterday and contact info and meeting notices?

If you are interested in what they’re doing, contact Ned Brooks, the MPCA’s Environmental Justice Coordinator: Ned.Brooks@state.mn.us



This press conference in Delaware celebrating their victory in stopping a 280 or so MW power plant flying in under the cover of a “data center” that needed maybe 1/10 of that. The University of Delaware terminated its lease agreement.

Rep. John Kowalko of Newark, Delaware — he was on this, leading the charge, and got a lot of flak for it, but persistence paid off. Kowalko is one of the few state Reps. around who represents his people with gusto!

  Press Conference Part I – Rep. Kowalko is on starting ~ 10:50

He’s also on again in Part II at 1:39, announcing a 1.2 MW solar project at the University of Delaware:


A friend found this on her door in Richfield today.  Called the number, 651-771-1500, and asked that they not flyer her house (is there a “Do not lit drop” list?), and got a ration of hateful verbal abuse.

I went to the site, “Planned Parenthood Exposed,” and it’s pretty rabid.  EEEEEUW.

How’s this, according to them, Planned Parenthood  would “aid and abet the sex-trafficking of minor girls” (linked below):

Investigations found seven Planned Parenthood clinics in four different states were willing to aid and abet the sex-trafficking of minor girls by supplying confidential birth control, STD testing, and secret abortions to underage girls and their traffickers.

Or this (linked):

Planned Parenthood received over $500 million in forced taxpayer funding last year. And the nation’s largest abortion corporation is teaching the children it doesn’t abort to abuse, degrade, and torture each other for sexual satisfaction.

It’s an operation of “Prolife Action Ministries” — and today, lit drops claiming “Planned Parenthood is Preying Upon Your Community.”

It’s too bad my brother isn’t in the neighborhood anymore — I’m sure he and Oggy would like to have a chat with them!

Here’s a blurb on their site that has me scratching my head?  If you can figure it out, let me know how it’s possible to “dramatically increased the number of babies killed by abortion in 2013″ “in spite of the number of abortions being performed in Minnesota dropping to its lowest level since before 1975.”  Am I missing something here?  I’d think they’d be happy that the number of abortions are dropping…

Planned Parenthood Dramatically increases abortions

Minnesota Abortions at Lowest Level since Before 1975

(July 1, 2014) – Planned Parenthood, Minnesota’s abortion giant, dramatically increased the number of babies killed by abortion in 2013 according to the just released Report to the Legislature by the Minnesota Department of Health.  This in spite of the number of abortions being performed in Minnesota dropping to its lowest level since before 1975.

“Clearly, Planned Parenthood equals abortion.  Planned Parenthood has attempted to rebrand itself as healthcare, but it remains nothing more than the state’s greatest purveyor of abortion,” said Brian Gibson, Executive Director of Pro-Life Action Ministries.  “There is no truth to its propaganda about reducing abortions.  This organization finds a way to dutifully increase its abortion numbers in accord with Planned Parenthood Federation of America’s quotas while Minnesota’s abortion number continues to decline,” Gibson continued.

Planned Parenthood opened a referral clinic in Richfield on Monday which targets the Hispanic community in a continuing effort to expand its abortion business.


The Minnesota Public Utilities Commission is to take up the proposal for revisions to Minn. R. Ch. 7829, which is the PUC’s practice and procedure chapter.  I call it their stealth rulemaking docket.

Bluejay    A little birdie told me that the Commission will publish a Notice of  Intent to Adopt based on the draft filed on July 9, and delegated to Commissioner Lipschultz the authority to make necessary, non-substantive edits for cleanup and consultation with the Revisor, before publication in the state register.

It will be coming back up for public comment probably in the next month or so once the draft is published.


Here’s the draft filed July 9:

Staff Briefing Papers_(Last Minute)_20147-101333-01

Here’s what was filed on July 2 (link may not work, eDockets is funky, “eFiling Image Repository is unavailable. We’re sorry, your search cannot be completed at this time. If you feel you have reached this message in error, please Contact Efiling.Admin@state.mn.us“):

Briefing Papers 13-24.pdf. JULY 10, 2014 AGENDA

The new filing didn’t appear in e-dockets until this morning, as I understand it, because of technical problems with e-dockets over the last 24 hours or so.

I’ve been concerned about this chapter for a long while, and submitted a Petition for Rulemaking some time ago:

Overland Petition for Rulemaking-7829

Here are the rules:

7829 Utility Proceeding, Practice, Procedure

Here’s the notice and proposed changes:

Request for Comments_20132-83863-02

Proposed Rules

It’s been an odd rulemaking.  They published the initial notice of “potential” rulemaking, or some such, but who got it?  Not moi… and I learned of it only just before it was to go before the PUC.  Here are a couple of posts:

Minn. R. 7829 marches on…

September 9th, 2013