Legalectric

What a binary week! Cedar Falls Utilities is a step closer to its Waterloo!

The good news is that I’ve been admitted to practice before the Polk County District Court in Schous’ appeal of the Iowa Utilities Board grant of a franchise to Cedar Falls Utilities for a transmission line next to their home. A few weeks ago, I’d found an Iowa attorney, Brenda Myers-Maas, who has worked on feedlot cases, and many nuisance cases, and she’s willing to review my pleadings and sign off! She’s also worked on hazardous waste sites, an area as arcane as transmission!

CFU, represented by Ivan Webber, was claiming I had not filed the appeal properly because I was not licensed and that I should be sanctioned for filing the appeal when I was not licensed!. Plus they complained it was not timely HELLO??? In Iowa, there’s 20 days after the court issues a notice to address licensure, and my Pro Hac Vice was submitted — because the court issuing that Order, and never issued a notice stating I had to address my lack of a license, CFU’s licensure and sanctions Motion is moot. hee hee hee. Their complaint of untimely filing is bogus because the rules provide that parties be served WITHIN 10 DAYS OF FILING OF THE APPEAL, not simultaneously, and it was served as dictated by the ruiles. You’d think CFU would read the rules if they’re going to complain that I’m not following them. Then again, they’ve not followed the rules for their Franchise Petition, so why start now! They didn’t provide notice of the hearing until after it had ended, didn’t disclose a registered airstrip near the transmission line (4IA7), didn’t provide notice to the owner of the airstrip…

Here’s CFU’s Motion: Download file

Here’s our response to CFU’s Motion to Dismiss and for Sanctions: Download file

Here’s the Iowa Utility Board Motion: Download file

Here’s our response to IUB’s Motion: Download file

And here’s the Court Order, granting my Motion for Pro Hac Vice Download file
…and Ordering a Hearing: The hearing is March 17, 2006 at 8:15 a.m.!! Download file
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And then there’s BSII, the transmission in Minnesota that goes from the new Big Stone II ooal plant to the middle of nowhere, Granite Falls, MN, and … stops there? No, only in the application — in the CapX2020 map, it is connected to the “SW MN” ExtraHigh Voltage line going from SW MN to the south side of the Metro Ring, either Hampton or Prairie Island, and then south and east for export.

On Wednesday, ALJ Steve Mihalchick denied my Petition to Intervene as an individual in Big Stone II. OK, fine, I’ll resubmit with clients and more clients. What’s appalling is that he said that MCEA’s “clients” ME3, Waltons, UCS, Wind on the Wires would adequately represent my interests! Apparently he does not know of the TRANSLink deal that they signed off on, which was codified in the Transmission bill that they promoted — represent my interests? I don’t think so! I guess I’ll have to explain, attach a copy of the TRANSLink deal to clarify they operate against my interests and those of my clients! OK, fine, I can do that! Ron Gustafson and Linda Castagneri, neighbors of the Mesaba plant, are Intervening, as are W.O.L.F. and Nancy Prehn of Waseca.

And so voila, here’s Petition for Intervention #2: Download file

I’m hoping more will want to join this little party…

www.bigstoneii.com