Legalectric

It’s that time of year again, and for a change, no reminder necessary, AND it’s in 2018, not crammed in at the very end of year or beginning of next!

It’s the POWER PLANT SITING ACT ANNUAL HEARING!

This is our opportunity, as those wrestling with the state’s siting laws and rules, and absence thereof, to tell them what does and doesn’t work.  Then the Administrative Law Judge files the report and it’s ignored for another year.

Frustration with lack of response was what triggered the multiple rulemaking petitions I’ve filed, on my own as individual, and representing Goodhue Wind Truth, most recently:

Wind Rulemaking — Petition for Reconsideration

We used to have a pot-luck for the PPSA Annual Hearing, until the PUC put the kibosh on that.  GRRRRRR!  Treats is the best way to get people to show up.

Now’s the time, show up, spout off, and tell them what works and what does not.  And note that aspects of the Power Plant Siting Act DO apply to wind:

216F.02 EXEMPTIONS.

(a) The requirements of chapter 216E do not apply to the siting of LWECS, except for sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11; 216E.12; 216E.14; 216E.15; 216E.17; and 216E.18, subdivision 3, which do apply.

Ah, yes, it’s that time of year again… remember this map, way back when, connecting existing coal plants to the proposed CapX 2020 system? (note the Mid-American coal plant built in 2007 over by Council Bluffs isn’t there, it’s at the green lines on the southwest side where transmission starts.)

It’s the Power Plant Siting Act Annual Hearing!

Here’s the full notice:

2017_Docket 17-18_Notice_201711-137509-01

And going back in history:

Tuesday was the Annual Hearing for the Power Plant Siting Act.  I’ve been fighting off this sickness that Alan’s had for a week now, and not quite feeling right, more like life inside a pillow, everything’s rather dampened.  But I slogged out into the world, and raised a few of the recurring points, issues with the Power Plant Siting Act, particularly public participation issues common not just to the Power Plant Siting Act (Minn. Stat. Ch. 216E ), but also to wind siting dockets under Minn. St. Ch. 216F, and pipeline routing dockets under Minn. St. Ch. 216G.

Here’s how to submit comments, deadline January 20, 2017:

Until this year, the Power Plant Siting Act Annual Hearing has included a review, rundown, listing, of all the projects approved by the Commission, including wind and pipelines, and this was anticipated at this hearing per the notice:

The full Notice:

16-0433 Notice of the Power Plant Siting Act Annual Hearing

HOWEVER… that report, “Projects Reviewed” section D, “Electric Facilities Not Subject to Power Plant Siting Act, did not occur.  I’d guess in large part it was due to the many issues raised by those intervening and participating, or attempting to participate, in wind siting dockets who have appeared at PPSA Annual Hearings over the years.  And I’m sure they did not want input from those participating and intervening in pipeline dockets, we’ve seen how Enbridge cancelled their “public informational meetings” up north after having to face the public and their legitimate issues the day before in Bemidji.  Alan Mitchell, formerly EQB PPSA staff, and now working for Enbridge, was there, so this was on Enbridge’s radar, but of course, that Alan didn’t have any comments for the record (I do wish I remembered more about the pipeline rules rewrite that he worked on during his time at the EQB, I think somewhere around 2002-2004?).

The ALJ is to write a summary of the Comments, both at the meeting, and those filed afterwards, and then?  What happens?  Experience says “not much.”  PUC staff responded to the “What happens” question saying that things that don’t require statutory changes or rulemaking, that those are things they want to impliment, to change, to improve, and to the extend that we can, we implement.  So he said.  When the report comes from the ALJ, they review it, they’ll have the transcript from this meeting, and will go over it.

There was a pretty crowded room, better attendance than for the last couple of years, with two new members of the public speaking up.  John Munter, who has been very active in opposition to the Sandpiper and now the Line 3 “replacement” pipeline issues, spoke about the difficulties of participating in the dockets, the difficult to untangle web of “need” and “route” dockets, and of the many pipeline projects ongoing.  Tina Carey spoke of the issues she and her neighborhood encountered during construction of the massive “largest in Minnesota” solar project that went up across the street, and that the complaint process was insufficient and ineffective, and the neighborhood’s complaints were disregarded.  Cynthia Warzecha, of the DNR, gave a solid synopsis of DNR activities in PPSA dockets, and I’ll note that the DNR and DOT have really gotten into the groove of reviewing projects and providing material and substantive comments for consideration, in the EIS and in the route or siting docket (and also in environmental review in Certificate of Need dockets).  Kristen Eide-Tollefson spoke as an individual with a 20 year history as a participant in routing and siting dockets, and noted for the record this legislative prelude to the transfer of environmental review from the EQB to the Dept. of Commerce:

2005 Session — Chapter 97, Article 3, lays out the purpose for transfer from EQB to PUC and DOC, of responsibilities for Siting, Routing and Environmental Review.

Environmental Review. Sec. 17. To ensure greater public participation in energy infrastructure approval proceedings and to better integrate and align state energy and environmental policy goals with economic decisions involving large energy infrastructure, all responsibilities, as defined in Minnesota Statutes, section 15.039, subdivision 1, held by the Environmental Quality Board relating to power plant siting and routing under Minnesota Statutes, sections 116C.51 to 116C.69; wind energy conversion systems under Minnesota Statutes, sections 116C.691 to 116C.697; pipelines under Minnesota Statutes, chapter 116I; and rules associated with those sections are transferred to the Public Utilities Commission under Minnesota Statutes, section 15.039, except that the responsibilities of the Environmental Quality Board under Minnesota Statutes, section 116C.83, subdivision 6, and Minnesota Rules, parts 4400.1700, 4400.2750, and 4410.7010 to 4410.7070, are transferred to the commissioner of the Department of Commerce. The power plant siting staff of the Environmental Quality Board are transferred to the Department of Commerce. The department’s budget shall be adjusted to reflect the transfer.

Here we go again, this year’s Power Plant Siting Act Annual Hearing.

Public Utilities Commission (PUC) Docket Number: E999/M-15-785

Office of Administrative Hearings (OAH) Docket Number: 60-2500-32901

Date: Tuesday, December 1, 2015

Time: 9:30 a.m.

Location: Minnesota Public Utilities Commission, Large Hearing Room, 121 7th Place East, Suite 350, Saint Paul, MN 55101

Bad weather? Find out if a meeting is canceled. Call (toll-free) 1-855-731-6208 or 651-201-2213 or visit mn.gov/puc

Here are some prior dockets (to access the entire docket, individual comments, etc., go to :

2000 Summary of Proceedings

2000 Report EQB

2001 Summary of Proceedings

2001 Report EQB

2002 Summary of Proceedings

2002 Report to EQB

2003 Summary of Proceedings

2003 Report to EQB

2004 Summary of Proceedings

2004 Report to EQB

2005 Report to PUC

2006 Report to PUC – Docket 06-1733

2007 Report to PUC – Docket 07-1579

2008 Report to PUC – Docket 08-1426

2009 Report to PUC – Docket 09-1351

2010 Report to PUC – Docket 10-222

2011 Report to PUC – Docket 11-324

2012 Report to PUC – Docket 12-360

2013 Report to PUC – Docket 13-965

2014 Summary Comments– Docket 14-887

Notice of the Power Plant Siting and Transmission Line Routing Program Annual Hearing

Issued: November 6, 2015

In the Matter of the 2015 Power Plant Siting Act Annual Hearing

Public Utilities Commission (PUC) Docket Number: E999/M-15-785

Office of Administrative Hearings (OAH) Docket Number: 60-2500-32901

Date: Tuesday, December 1, 2015

Time: 9:30 a.m.

Location: Minnesota Public Utilities Commission, Large Hearing Room, 121 7th Place East, Suite 350, Saint Paul, MN 55101

Bad weather? Find out if a meeting is canceled. Call (toll-free) 1-855-731-6208 or 651-201-2213 or visit mn.gov/puc

Hearing Description

The annual hearing is required by Minnesota Statute § 216E.07, which provides that:

Thecommission shall hold an annual public hearing at a time and place prescribed by rule in order to afford interested persons an opportunity to be heard regarding any matters relating to the siting of large electric generating power plants and routing of high-voltage transmission lines. At the meeting, the commission shall advise the public of the permits issued by the commission in the past year….

Note – No decisions about specific projects are made at the annual hearing.

Public Hearing Information

• Public hearings start on time.
• Arrive a few minutes early so you have time to sign in, pick up materials, and find a seat.
• Administrative Law Judge James LaFave will preside over the hearing.
• Public Utilities Commission and Department of Commerce staff members are available to answer questions about the Power Plant Siting Act processes and the projects.
• You may add verbal comments, written comments, or both into the record.
• Learn more about participating at a public hearing at http://mn.gov/puc/resources/meetings-and-hearings.jsp
• Judge LaFave will use information gathered at the public hearing and during the comment period to write a summary report for the Commission

Submit Comments

Topics for Public Comment:

• Any matters related to the site permit process for large electric generating power plants and routing of high-voltage transmission lines.

Comment Period: November 6, 2015 through January 5, 2016 at 4:30pm.

• Comments must be received by 4:30pm on the close date
• Comments received after comment period closes may not be considered

Online Visit mn.gov/puc, select Speak Up!, find this docket (15-785), and add your comments to the discussion.

If you wish to include an exhibit, map or other attachment, please send your comments via eFiling (see below) or U.S. Mail.

Please include the Commission’s docket number in all communications.

Filing Requirements: Utilities and state agencies are required to file documents using the Commission’s electronic filing system (eFiling). All parties, participants and interested persons are encouraged to use eFiling: mn.gov/puc, select eFiling, and follow the prompts.

Important Comments will be made available to the public via the Public Utilities Commission’s website, except in limited circumstances consistent with the Minnesota Government Data Practices Act. The Commission does not edit or delete personal identifying information from submissions.

Hearing Agenda

I. Introductions
II.Overview of Programs
A. Public Utilities Commission – Facilities Permitting and Public Advisor
B. Department of Commerce – Energy Facilities Permitting Unit
C. Role of Other Agencies
III. Projects Reviewed
A. Projects Permitted in 2015
B. Pending and Anticipated Projects
C. Electric Facilities Subject to Power Plant Siting Act
1. Generating Plants
2. Transmission Lines
IV. Public Questions and Testimony
V. Adjourn

How to Learn More

Subscribe to the Docket: Subscribe to receive email notifications when new documents are filed. Note – subscribing may result in a large number of emails.

1. mn.gov/puc
2. Select Subscribe to a Docket
3. Type your email address
4. For Type of Subscription, select Docket Number
5. For Docket Number, select 15 in the first box, type 785 in the second box
6. Select Add to List
7. Select Save

Full Case Record: See all documents filed in this docket via the Commission’s website – mn.gov/puc, select Search eDockets, enter the year (15) and the docket number (785), select Search.

Project Mailing Lists: Sign up to receive notices and opportunities to participate in other dockets relating to specific projects in which you are interested (meetings, comment periods, etc.). Contact docketing.puc@state.mn.us or 651-201-2234 with the docket number, your name, mailing address and email address.

Minnesota Statutes and Rules: The hearing is being conducted according to Minnesota Statute 216E.07. Minnesota Statutes are available at www.revisor.mn.gov.

Project Contacts

Public Utilities Commission Public Advisor

Tracy Smetana – consumer.puc@state.mn.us, 651-296-0406 or 1-800-657-3782