Legalectric

The Public Utilities Commission has referred Xcel Energy’s rate case petition to Office of Administrative Hearings for a contested case, no surprise. PUC Docket E002/GR-21-630.

So while digging through rate case filings related to transmission, I noticed FERC has issues pending that will affect transmission rate recovery, and decided to take a peek at FERC and did find this recent FERC Order issued last Thursday on transmission line ratings, so I’m parking that here for future reference:

Back in October, there was a Federal Register notice published that the Forest Service has made an application to withdraw 225,378 acres from NEW (not existing) leasing, land in the Rainy River Watershed and near the BWCA. This application to withdraw the land from leasing follows the prior administration’s quashing of Obama administration withdrawal, thus opening up land for mineral leasing in 2018 — from press release (linked):

And now there’s another application to turn that around and again stop leasing Minnesota land for minerals exploration! GOOD! Let’s undo their undoing!

And some movement forward — on December 14, 2021, the Superior National Forest Supervisor’s Office issued Notice of three meetings for public comment.

CLICK HERE for the Superior National Forest page on this Application

There’s an article in the STrib now: Meetings set to gather public input on proposal to halt new mineral leases near Boundary Waters

The meetings a rather weird set up — you have to register to get the Zoom link, and specify if you want to comment, and then they’ll do a drawing to see who can comment! No guarantees that you can!

Here are the meeting dates and links to register for comment:

Register for the Meeting on Wednesday, January 12, 2022, 1:00 PM to 4:00 PM, CST at https://blm.zoomgov.com/webinar/register/WN_z0ihp2ikSkSug9QnsaLjag

Register for the Meeting on Saturday, January 15, 2022, 10 a.m. to 1 p.m., CST at https://blm.zoomgov.com/webinar/register/WN_q9OWw5P3TSuvACoQ2o6gnQ

Register for the Meeting on Tuesday, January 18, 2022, 5 p.m. to 8 p.m., CST at https://blm.zoomgov.com/webinar/register/WN_rs2ueUYaQ-CoRO25s2bLqA

When you register, you’ll get a link to zoom right away, and then you’re notified whether you’ve been selected to make a comment 3 days before the meeting.

Documents thus far — only scoping:

Scoping

• 12-07-2021 2021-22958 BLM Federal Register Notice 10-21-2021 (PDF 204kb)
• 12-07-2021 Superior NF Mineral Withdrawal Request Letter 2021-09-28 (PDF 194kb)
• 12-07-2021 Superior National Forest Withdrawal Application 2021-09-28 (PDF 392kb)
• 12-07-2021 Appendix A Land List 2021-09-16 (PDF 134kb)
• 12-07-2021 Withdrawal Regulation 43 CFR 2300 (PDF 220kb)
• 12-07-2021 Appendix B Withdrawal Area Map 2021-09-16 (PDF 1379kb)
• 12-13-2021 2021-27036 BLM Federal Register Notice 12-14-2021 (PDF 192kb)
• 12-15-2021 Scoping Letter 12-15-2021 (PDF 141kb)

Something I’m wondering about is what exactly is affected, is it the brown on the map, is it everything within the red boundary, or is that brown existing leases that will not be included in this withdrawal? I’m just starting to look into this, so I’ll update this post as I figure it out.

And AGAIN! It’s the Power Plant Siting Act Annual Hearing! You can attend in person, MASKED, or via webex or phone. Primary documents are posted below.

December 20, 2021 @ 9:30

PUC Large Meeting Room

121 – 7th Place East – 3rd Floor

St. Paul, MN

Comments? BE SURE TO NOTE DOCKET NUMBER FOR COMMENTS:

PUC Docket E999/PR-21-18 & OAH Docket 65-2500-37832

Written comments will be accepted through January 10, 2022, by 4:30 p.m.

Note notice only to those “who have requested notice” above? Nope, notice should be to all who are on service and project lists for projects active in the calendar year. Thankfully EERA does give notice to a lot more than just those “who have requested notice” (see “Notice & Service Lists” link posted above).

From the EQB Monitor:

Here are the projects EERA’s Summary says were approved — note that for wind it does NOT list applicable parts of 216E, such as Minn. Stat. 216E.03, Subd. 7!

Meanwhile, the update of rules for PPSA siting, Minn. R. ch. 7850, is stalled out again, WITHDRAWN by the PUC last Thursday, supposedly based on many comments made over the last few weeks by a bunch of people and orgs who were utterly absent through the NINE YEARS of this rulemaking proceeding. My grits are FRIED! The PUC Agenda Item starts at the very end of the meeting, and note the bogus statements about the “why” of this rulemaking. Let’s be clear here — it’s due to the 2005 legislative changes, SIXTEEN YEARS AGO. See PUC Docket R-12-1246. Good grief… Discussion starts at 2:48:28:

Here’s the letter “she” authored and it was signed by 38 others:

The good news is that our Representative, Rep. Barb Haley, had this to say about this letter when I asked her what she was doing about those who signed this partisan push against vaccination:

Here’s the ruling U.S. Supreme Court case establishing solid precedent for vaccination mandates in a public health emergency:

Jacobson v. Massachusetts, 197 U.S. 11 (1905)

See that? 1905. This is nothing new.

Write to those state Reps who signed, easy-peasy cut and paste:

rep.peggy.bennett@house.mn, rep.kurt.daudt@house.mn, rep.anne.neu@house.mn, rep.tony.albright@house.mn, rep.matt.bliss@house.mn, rep.greg.boe@house.mn, rep.john.burkel@house.mn, rep.brian.daniels@house.mn, rep.greg.davids@house.mn, rep.bob.dettmer@house.mn, rep.sondra.erickson@house.mn, rep.mary.franson@house.mn, rep.steve.green@house.mn, rep.matt.grossell@house.mn, rep.glenn.gruenhagen@house.mn, rep.osh.heintzeman@house.mn, rep.jerry.hertaus@house.mn, rep.brian.johnson@house.mn, rep.deb.kiel@house.mn, rep.ron.kresha@house.mn, rep.eric.lucero@house.mn, rep.joe.mcdonald@house.mn, rep.shane.mekeland@house.mn, rep.marion.oneill@house.mn, rep.patricia.mueller@house.mn, rep.nathan.nelson@house.mn, rep.paul.novotny@house.mn, rep.john.petersburg@house.mn, rep.brian.pfarr@house.mn, rep.nels.pierson@house.mn, rep.john.poston@house.mn, rep.duane.quam@house.mn, rep.donald.raleigh@house.mn, rep.peggy.scott@house.mn, rep.chris.swedzinski@house.mn, rep.tama.theis@house.mn, rep.paul.torkelson@house.mn, rep.dean.urdahl@house.mn

Here’s what I wrote to them, and copied Mayo at mcadmin@mayo.edu:

All –

Your letter to Dr. Farrugia, CEO of Mayo, and the “demonstration” here at the Red Wing Mayo on Monday are absurd. I for sure do not want to go to any “health care provider” where employees are not vaccinated and masked.

Every day for the last 20+ months I have posted the state reports and Goodhue County details, so I am very aware of the trajectory of COVID here and nationwide.  This is the list of Minnesota counties in order of COVID infections today (https://www.nytimes.com/interactive/2021/us/minnesota-covid-cases.html).  Thankfully my county is dropping on the list — where is your county?

As an attorney, I raise the leading U.S. Supreme Court case setting precedent for a vaccination mandate in a public health emergency, and it’s a case from 1905, Jacobson v. Massachusetts. 

https://supreme.justia.com/cases/federal/us/197/11/

Another issue — the letter you signed says “This is especially relevant considering that many of your employees do not need this vaccine because they have naturally acquired immunity gained from recovered illness.”  This is DISinformation — it’s not true. Shame on you for spreading this.

Ignoring the standing law, and ignoring science, is not helping your constituents, it is harmful disinformation, and it is neither ethically nor morally supportable.

Please retract this letter.

Carol A. Overland, Red Wing resident who must go to Mayo, the only game in town.

And a report on this from the STrib:

Minnesota House Republicans criticize Mayo Clinic for employee vaccine mandate

Saw this headline, “Alden-Conger teacher’s teaching material causing controversy,” in the Albert Lea Tribune, and what struck me first is the bizarre headline that “teaching materials” were causing controversy! Ummmmm, no. So I fired off a missive to the editor, and then the School Board — you can too — you should too:

merkkila@ac242.us, jguanella@ac242.us, bkorman@ac242.us, tlinn@ac242.us, amarschalk@ac242.us, cschmidt@ac242.us, dsteele@ac242.us

Here’s the article on Yahoo, via Albert Lea Tribune:

Alden-Conger teacher’s teaching material causing controversy

Dec. 14—Parents and others flooded the Alden-Conger School District’s school board meeting Monday night sharing concerns about teaching material reportedly given to students by one of the high school’s teachers.

The board room was filled to capacity with several audience members standing in the hallway.

At the center of concern was concurrent enrollment teacher Jenny Hughes and two poems assigned to her students — one called “Lure,” which describes the molestation of a young girl by her grandfather, and another called “Lisp,” which describes experiences of a homosexual boy. Concurrent enrollment allows high school students to take college-level courses and receive credit.

Parent Janel Heideman, who has children at the school but not in Hughes’ class, said she had spoken at the previous school board meeting about her concerns and reminded the school board members they are all mandated reporters who are required to report when they are made aware of possible misconduct. She said each would be held responsible for assisting in what she called “the sexual harassment and distribution of pornographic material.”

“At this point, all we are requesting is that you fire Mrs. Hughes, remove this perversion and update your school policies so this never happens again,” Heideman said. “If you are not willing to do this, then we will go further with our proceedings, which could include, but not limited to, a formal lawsuit.”

Heideman said that could include the board members themselves. She also referenced a petition that has reportedly been started by the students to terminate Hughes.

Heideman said she lived only a mile away from a school in Albert Lea but chose to take her children to Alden-Conger because she thought it was a good school.

“You are on this school board because you have children that you care about at this school,” she said. “Don’t let them be the victim of this devilish act.”

Heideman after the meeting said she has also reached out about the issue to the Freeborn County Sheriff’s Office and the Child Protection League, and she and the other parents who are upset about the matter are not afraid to get an attorney.

“The sky’s the limit when it comes to my children,” she said.

Kristin Peterson said when Heideman first contacted a deputy about the teacher, he recommended proof of behavior, through something such as voice recording or camera recording.

“I’m only trying to protect the kids, and if something weird is going on, we want to know about it as parents,” she said.

She noted she was met with a letter by Superintendent Brian Shanks that these actions were against the handbook to do so, and she could be met with recourse and students could be met with disciplinary action.

Instead of putting disciplinary actions on the children and parents, she said the school needs to look at the source and deal with that instead.

Jason Peterson, a 1991 Alden graduate, said he has always been proud of the community but in recent weeks he is so disappointed in the school board and school district that he doesn’t even want to live there.

“Everybody has heard about it,” he said. “Everybody is tired of it. Now it’s time for you guys to take action.”

A few also spoke out about the importance of the concurrent enrollment class and how hard the students have worked, not only in the class but to obtain their associate’s degree.

Neda Johnson said she has a senior daughter who is in one of Hughes’ concurrent enrollment classes and was there on behalf of many parents of students who need the class.

“The fact that our children may not graduate with their associate’s degree that they have worked for three years to attain because of hearsay and unsubstantiated claims is not fair to our students, and that’s why we’re here is for our students, our children. They have worked hard for their associate’s degree, and unsubstantiated claims and hearsay is not a reason for them not to continue in that class.”

Paige Diekmann said she is a student in Hughes’ class for literature.

“I believe that I need this class,” Diekmann said. “Without this class, I will not get my Associate of Arts degree. This seems unfair to me because I have worked really hard for it.”

She also referenced a classmate who is concerned about not having the class next semester and having to go online for the class.

“The struggles online are incredible and learning in person is so much easier,” she said. “It would be so much better for us to have Mrs. Hughes’ class in-person.”

Danelle Jacobs said her daughter is in Hughes’ class and she came home and made her mother aware of the poems.

“For her it was a stretch,” Jacobs said. “She’s kind of a sheltered kid, and it was a stretch to read that, but this is college — this is preparing her for college.”

She said her family took a moment to discuss the poems, along with their take on them as a family.

“I do not expect the school to provide a moral compass for my children,” Jacobs said. “I am the parent. The school is there to teach arithmetic, math, calculus, English, all of those things. The school is there to teach those things, but I am her mother. I am there to provide the moral compass.”

She said she thinks the situation prepared her daughter for college and gave her something to say that though she may not agree with what was written, this is how she would deal with it.

“The kids in this college-level course are old enough to handle it, to come back home and discuss with their parents and take with it what they’ll learn,” she said.

District 27A Rep. Peggy Bennett, R-Albert Lea, said in an interview Tuesday she was contacted by concerned parents about the poems and alleged inappropriate comments made by the teacher last week to the class and connected the parents with the Child Protection League after hearing the parents had already contacted the school district and law enforcement without any action.

“I don’t think schools need to be a part of that for sure,” Bennett said, noting that is one of the reasons she has been speaking against comprehensive sex education.

She said she is pleased parents are becoming more involved with their children’s education and said parents need to know what their child is being taught. Teachers also need to be especially careful of all the different viewpoints that might be in the classroom.

Julie Quist, board chairwoman with the Child Protection League, a nonprofit organization that works to “protect children from exploitation, indoctrination and violence,” said in an interview Tuesday that the organization sent a letter to the superintendent and school board members expressing concern about the teacher and what was taking place in the classroom.

“There’s just no reason that she should be exposing minors to that kind of obscenity and normalizing sexual practices that are violating the community,” Quist said.

She said the organization has heard concerns of similar incidents happening all over the state.

“It provides a pretext for removing our cultural standards of right and wrong and imposing that on the community,” Quist said. It’s done in the name of cultural diversity — it’s as if it doesn’t matter because other cultural points of view are supposed to be brought in and the culture of the local community is disrespected and trampled on.”

The school board did not address the issue during the meeting.

Shanks in an email on Tuesday said that a complaint had been filed but he could not discuss the nature of the complaint.

“The school district is investigating this complaint,” he said.

An email to Hughes on Tuesday has not been returned.

++++++++++++++++++++++++++++++++++++++

I’ve sent a missive to all the School Board members; Jenny Hughes, the teacher being challenged; to the school generally; and this Letter to the Editor:

Education should prepare children for the world

I’ve learned there’s an issue in the Alden-Conger School District. Having worked on a project in the area, I get daily updates from Albert Lea Tribune, and was struck by the headline, “Alden-Conger teacher’s teaching material causing controversy” because teaching material doesn’t CAUSE a controversy. People do. People objecting to teaching material do.

I wish people would get as worked up as this over the many cases of child sexual abuse and concern for the many children who experience sexual abuse, and wish that they would work to help them deal with experiences, ward off and report abuse that we know is happening to children. I wish people would get as worked up as this over the many instances of homophobic outing, rage and fear, and concern for the many children who experience that rage and fear, who turn it inward on themselves, and wish people were as active in helping young gay children understand sexual orientation, to ward off and report abuse that we know is directed toward gay children.

Perhaps ask those objecting so fiercely whether they’ve experienced child sexual abuse and/or homophobia; ask them about children in their circle who have been sexually abused, who are gay; and ask them what they’ve done to help and protect children subjected to sexual abuse and homophobia.

We need to focus on assuring “education” prepares children for the world. Hiding, lashing out, denial, and restricting “teaching materials” does just the opposite.

Carol A. Overland