Legalectric

Ya’d think that with all the jawing about public participation and open and transparent process that Intervention for affected parties would be a given, that people on the ground could participate in the process… well, I certainly don’t take that for granted because the reality is a long ways from the hype. Today we get to address, among other things, Intervention of mncoalgasplant.com in the Excelsior PPA docket before the PUC. For the Excelsior filings, go to mncoalgasplant.com and scroll down. Here are their filings since the application.

Our Intervention Petition: Download file

Their Objection to our Intervention: Download file

They rely on a prior Denial of Intervention in an unrelated EQB siting docket some time ago, and are saying that the denial was because the Petitioner did not demonstrate why non-party status was insufficient. They also complain that there are no members of the group identified — and that’s not a requirement for Intervention. This, when Micheletti announces at public meetings that he will not take questions from me because I represent people up there?!?!? Uh-huh, right…

And here’s my Response: Download file
Response to Objection – Attachment A: Download file

Response to Objection – Attachment B: Download file

What Excelsior must not have known, in citing the SW MN EQB Siting Denial, was that it was my Petition that was denied. I had submitted the Petition to Intervene after being denied participation as a non-party at the hearing, shut out completely, so I got out my computer on the spot and drafted the Petition and turned it in. Nevermind that prior to that hearing I had been given assurances that I’d be able to participate as a party, and though locals would get priority, there was no one clamoring to be heard, no line of citizens wanting to comment who might be shut out if I was questioning witnesses — it was a farce, participation was not possible, the ALJ would not allow it. Because non-party participation had already been attempted and was not possible, it makes no sense to have to demonstrate why non-party participation was not sufficient — the record reflects that! Not a good move, Excelsior!