Legalectric

We’re in another day of Enbridge Line 3, today no oral argument or comments, it’s deliberation only.  In the intro, Commissioner Sieben introduced a lot of modifications, laid out on a sheet of paper which was passed around to Commissioners, and then Commissioner Tuma did the same with I believe a couple of sheets (he seems to introduce something at every meeting, spring it on people, with no time to review).  Now they seem to be negotiating how they’re going to approve the Certificate of Need.  ??  I have no idea what they’re talking about, there are no copies for the public, and the documents Commissioners Sieben and Tuma have not been eFiled.  ???

Sierra Club and other intervenors have filed a Motion objecting to entry of new information that has not been subject to review, and that the information should be subject to a contested case proceeding before the Administrative Law Judge.

20186-144310-01_New Info_Remand for Contested Case Proceeding

As they’re going now, it’s as if they are negotiating a settlement with Enbridge, but hey, what about the intervenors, who are parties with equal standing in this?

They’re talking about “beneficiary,” but what they’re searching for is “additional insured.”  And they’re talking about unavailability of insurance for this, well, this is right along the lines of Price-Anderson for nuclear, where we subsidize the industry with no-fault coverage with nominal recovery allowed!

I have tried to get copies eFiled of the Sieben and Tuma sheets that have been passed around, struck out.  Ain’t happening.

They’re talking about a “landowner choice” program where landowners have the option of removal of the old Line 3 from their land.  Schuerger is raising issue of need for informed consent.  YES!  So can we hear from intervenors about all this?  Big issue — all of this is proposed to be handled in a Compliance Filing, and there’s no procedural option for anyone to comment on compliance filngs, unless people just jump in and take it upon themselves to file comments — but there’s no suggestion or guarantee that any comments on what Enbridge comes up with, that it will even be considered.

What a mess…  Certificate of Need approved, with directive to adopt the Recommendation of the Administrative Law Judge to the extent that it is consistent with their decision — that’s backwards, putting the cart before the horse.  Are they making such a mess of this so that on appeal the court will throw it out?

Now on to the route permit.

LISTEN HERE: http://minnesotapuc.granicus.com/MediaPlayer.php?event_id=1856

It’s pretty disturbing.  Today started out with the Commission asking Intervenors to pick their least awful route option.  WHAT?!?!  That is NOT how a line is chosen. I think they’re using that to build a “record” (NOT!) for whatever decision they may make.

As the Commission was reminded, the Commission is to choose a route, only AFTER a Certificate of Need is granted, based on the criteria in the statutes and rules.  Commissioner Sieben turned to a pretty manipulative attempt at burden of proof shift, looking for a statement to get them off the hook.  NO!

NO?  That’s correct.  This is the Commission’s job, and if there’s no need, deny the application.  If there’s no acceptable route, deny the application.  The ALJ made a Recommendation, and the Commission has to deal with that.

Then there’s the push about System Alternative SA-04.  That route would go right through my Association of Freeborn County Landowners’ community, and AFCL filed an Exception regarding that SA-04 route:

We’re BAAAAAAAAAACK!  Went up for the Wooden Boat Show in Grand Marais, and stayed in Tettegouche, got the LAST site way back in February!  Yes, here’s the classic intro photo, looking into the driveway.  The site was huge, but backwards, electric on wrong side, and table and space was directly behind.  Oh well, turn the trailer around, no problem!  The view from the other side was better:

The first day was pretty dreary… but the sun came out Friday – Monday, and it was a touch warm in the day so we hauled out the emergency blankets and snapped them over the bunks.  Makes a huge difference, and just $14 a pop.  At night it was cool, just perfect, and no rain, despite a pretty strong chance for Sunday.

Last week, I ordered a new toy, because cooking is a big part of this for me, and the three burner stove that comes with the camper doesn’t work with a griddle, and it gets really crowded for a meal for guests, soooooooo…

It’s a Camp Chef Ranger III, and the two burners fit the griddle just right, and have one open for whatever.  Gotta have corncakes!  Tomorrow or so, the table for this will arrive, and then I’ll have the white table for prep, need that room to roam.  Everything I could ask for!  Sadie was pretty happy with the results, as was Alan.

No bears!

In addition to going up to Grand Marais, we went to see Aaron Brown‘s Great Northern Radio Show, which brought back a lot of memories of doing live radio, every week, for how long, over at the New Riverside Cafe.

As we walked in to the auditorium at Reif, I heard, “That’s Carol!!!  Carol Overland!!!” And it was Ron Gustafson and Linda Castagneri!  It’s got to have been 8 years since we’ve seen them, what a treat!  They were the foundation of the Excelsior Energy Mesaba Project resistance, and a joy to work with, so motivating, fired up.  The were “the face of Mesaba.”

What a pleasant shock — they’ve moved out of state, and aren’t here all that often.  Thank you, Linda and Ron, for a good time of catching up, and remembering that this was one time where “the people” prevailed!  And Enchiladas Suiza to die for!

Spending another almost week in the camper… I could easily live like this… maybe a camp host next year?  Trouble is, work is so unpredictable, and have to be able to be wherever, whenever!  Phone signal at Tettegouche was just right, and there was ZERO before, so this trip, it was possible to put in a good day’s work in the woods.  Is that cool or what!

Little Sadie concurs!

Alan Muller followed up on the report of an ICE detention facility near us in Elk Run, part of Pine Island.  Pine Island is one of several sites being considered for an ICE detention facility, a jail, a fenced and guarded holding place for asylum seekers, and others grabbed by ICE.  On June 19, 2018, the Pine Island City Council approved a resolution of support of “Management & Training Corporation” and “it’s partners,” unidentified, to build and operate an ICE detention facility HERE!

Pine Island lets ICE know it’s still interested in detention facility

Management & Training Corporation?  Seems to me they doth protesteth too much!

MTC’s Involvement in Operating ICE Detention Centers

MTC’s Imperial detention center

Here’s a view inside the Imperial ICE detention facility via San Diego Union-Tribune.  Here are some statistics on that Imperial facility.  Here’s an interesting post by some folks with a video camera outside Imperial.

MTC is doing the same hustle in Uintah County, near Evanston, Wyoming and Hopkins Park, Illinois, and other sites too.  Does this Hopkins Park resolution look familiar?

Hopkins Park locals are not thrilled about MTC’s proposal either:

Hopkins Park residents fight private immigration detention center proposal

Some Pembroke residents say detention center isn’t welcome

Back to Pine Island’s Elk Run…

As if Elk Run’s troubles with Chronic Wasting Disease wasn’t enough:

Sharpshooters begin destroying elk herd

In January, a female at the farm near Pine Island was found to have CWD, a fatal brain disease. A USDA agency is killing all 700 elk. 

… there are the economic problems…

Legacy of Pine Island biotech park: foreclosures, unpaid taxes and interchange to nowhere

Questions linger at stalled Elk Run development

REMEMBER THIS?!?!  tRump’s “Statement on Preventing Muslim Immigration” during campaign and AFTER sworn in January, 2017?

Just in, the U.S. Supreme Court ruling in Hawaii v. Trump – check the language in 3(b) below:

Trump v Hawaii 17-965_h315

Bottom line (click for larger version):