Judge Susan Richard Nelson issued an order yesterday declaring Minnesota’s Next Generation Energy Act unconstitutional because it “constitutes impermissible extraterritorial legislation and is a per se violation of the dormant Commerce Clause.”

I finally found a copy of the decision, I was looking in all the wrong places.  Here’s the Order (thanks to the STrib for posting it):

April 18 2014 Order – Next Generation Energy Act Suit Minn. Stat. 216H.03

It’ll likely be appealed, but I wouldn’t bet on any success.  The impact of this decision will be what I’ve been expecting — dreadful — the doors are open for even more coal plants (note the discussion of surplus capacity in the decision) and with CapX mostly built, we’ve got the infrastructure for 50+ years of coal generated electricity exports across Minnesota to market, and 50+ years of mercury for our fish, and all those emissions for us to breathe.  Great, just great.


MN Rules 7849 & 7850 Updates

February 25th, 2014


It’s like winter in Minnesota — will this rulemaking never end?  We’re pretty much ensconced in Minn. R. ch. 7850 now, siting.  PROGRESS!  Here’s where it stands:

January 22 Meeting Synopsis

February 13 Draft 7849

February 13 Draft 7850

The next meeting of the Rulemaking Advisory Committee is TOMORROW:

February 26, 2014 @ 9:30 – 11 30 a.m.

Rulemaking Advisory Committee

PUC Building, Basement (look for signs)

121 – 7th Place East

St. Paul, MN  55101

T&JHouse1How did I miss this?  Tom Micheletti’s house is for sale… has been for some time, since September 2009.  DOH!  Somebody’s been sleeping at the switch!

In the STrib:

Orono: A long way to go to regain value

Hennepin Co. “market” value $1, 362,000.  It hit a high of $1,582,000 in 2007.

Listing: 519 Ferndale Road North, Orono, MN


The bathroom is bigger than my office…

T&J Bathroom

I wonder if they’re still here, or if they took off to Italy or something… it doesn’t look lived in or at all personal, not like the listing for Peter (a/k/a Tan) Mastic (!), maybe they’re long gone.


billboardI’ll be five years next month that I’ve been working on the Goodhue Wind Project, or as Goodhue County notes, New Era Wind Farm, LLC f/k/a AWA Goodhue Wind, LLC, f/k/a Goodhue Wind, LLC.

This photo was taken by Marie McNamara in the Goodhue Wind Project footprint, can you spell E-A-G-L-E-S?


It was the project from hell, with SO many problems, built of cards and arrogant misrepresentations, bought and dropped like a hot potato by T. Boone Pickens, and finally, operating out of a P.O. Box:


We learned Monday that the County was going to take up the project.  Goodhue Wind Truth had requested the County Resolution supporting the project from 2008 be rescinded way back in October, after the PUC had terminated the project permits, and had requested time to speak to the County board.  Turns out there was a lot more that had to be done, and that included the County Development Agreement, and multiple conditional use permits.  So that makes sense to take the time to do it right and get it ALL done.  BUT, we got no notice, no information about what agreement had been reached.  It was the last agenda item.  They agreed to make the County Attorney/Board legal memo public, and when I asked if there were copies for the public, “NO!” and Commissioner Ron Allen laughed.  Yeah, to you and yours too… anyway, then they approved it.

Five years Goodhue Wind Truth struggled with this, and were proven ahead of the curve at every juncture.

Look at what the county had agreed to, this is why another agreement was necessary to get out of it:

And the county is probably taking quite a hit:

There needs to be a “lessons learned” session after this mess… the lesson I take from it is the necessity of intervention in county permitting, costly but the only way to keep on top of it.


DOH!  It’s worth it just for this sentence:

Markets do not automatically provide competitive and efficient outcomes.

Here it is, with the full all-in-one option or separate sections:

3Q PJM State of the Market Report Page

Here’s the full version: 2013 3Q PJM State of the Market Report

And the short version, oh, how I love it when this happens:

The market design should permit market prices to reflect underlying supply and demand fundamentals. Significant factors that result in capacity market prices failing to reflect fundamentals should be addressed, including better LDA definitions, the effectiveness of the transmission interconnection queueprocess, the 2.5 percent reduction in demand that suppresses market prices, the continued inclusion of inferior demand side products that also suppress market prices and the role of imports.

Got that: … the 2.5 percent reduction in demand that suppresses market prices…

- 2.5%

Gee, sounds like we ought to pay to build some more power plants and transmission lines…