Legalectric

See the lower 1/2 of MISO’s MVP project 5, running from near Dubuque, IA to the northeast to the “Cardinal” substation near Madison?  That’s the Cardinal – Hickory Creek transmission line.

The Dodgeville Chronicle ran my Letter to the Editor, just in time for the meeting last night, held by Rural Utilities Service, about the Cardinal – Hickory Creek transmission project:

From 4-7 p.m. on Wednesday, December 7th, the Rural Utilities Service (RUS) is hosting a scoping meeting at the Deer Valley Lodge in Barneveld. RUS will again collect scoping comments for its Environmental Impact Study as it decides on a loan to Dairyland Power Cooperative for a share of project costs. RUS held scoping meetings October 31-November 3, 2016 – why more scoping meetings now?

The Cardinal-Hickory Creek transmission project stretches from a substation near Peosta, across the Mississippi River and Wisconsin, near Dodgeville, to a substation near Madison. Last April, as reported in this paper, American Transmission Company’s Jon Callaway reported that the project schedule had been pushed out to 2018 or beyond. The reasons weren’t clear, and should be specified and made part of the RUS record.

Cardinal-Hickory Creek and the under-construction Badger-Coulee transmission lines are MISO’s (Midcontinent Independent System Operator, Inc.) MVP project “five” revealed five years ago in MISO’s MTEEP 11 report. That was 2011, and it was “postponed” in 2016. Why the delay? MISO’s 12.38% rate of return for construction has been successfully challenged in federal court. There’s a glut of electricity where even marketing electricity cross country is not alleviating the industry’s overproduction. MISO’s MVP economic modeling no longer hold under current scenarios. And maybe the delay is that and more!

Now’s the time to tell RUS to consider the economics, need and causes of delay in its financing decision. If delay is right for the project developers, RUS should also delay, and put financing on hold.

Carol A. Overland, Esq.
Red Wing, MN

Slow evening at Rural Utilities Service’s scoping meeting for the Environmental Impact Statement for the Cardinal – Hickory Creek transmission project.  RUS is involved because Dairyland Power Cooperative (DPC) plans to hold a 9% undivided interest in the project, and are looking to RUS to provide the funding.  RUS held two more meetings, following on prior meetings October 31 and November 1 & 2, because their notice for those meetings went out a day late, so another Notice went out:

Notice of Intent To Hold Public Meetings and Prepare Environmental Impact Statement (October 18, 2016

Second Notice_2016-27988-2

Where’s my prior post on these meetings?  It’s gone! Here’s the dates and locations (click for larger version) — the last one is tomorrow in Barneveld, Wisconsin:

So to make quick work of it, this is cut and pasted from the RUS Cardinal Hickory Creek page:

I had a quick chat with Dennis Rankin who’s in charge of the environmental review on this and the Dairyland Q-1 South projects, and had a few quick things to register, particularly that ATC has announced that the project is delayed:

ATC postpones Cardinal-Hickory Creek project – The Dodgeville Chronicle -Dodgeville, WI

I had this article and a few comments to add tonight, and will file more detailed comments before the deadline — now January 6, 2017.

(don’t worry, I’ll get this looking pretty by the deadline!)

On the way in, there was new transmission marching across the countryside, so ugly:

And look how close to this house in New Vienna, right up near the garage, and not far from the house either — this line cut right through the middle of town:

But all in all, it was a beautiful day for a drive today!

Here we go again, the Annual Hearing for the Power Plant Siting Act.

The full Notice:

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

Now’s the time to dig back into the cobwebs of memory of all the dockets over the last year, and the last 20+ years, and let them know how the Power Plant Siting Act is working, and more importantly, how it’s not working.

Comments are open until January 20, 2017.  To file in eDockets (highly recommended), go here, and log in.  If you don’t have an account, register (it’s simple, and fast) and then file in docket 16-18.

Note something different, this year they’re going to go over pipeline projects:

Recently, I’ve been involved in a project working toward increased meaningful and effective public participation in a pipeline docket, and what’s going through my head as I attend meetings, conference calls, and read very long intense emails, is that this is exactly what we’ve been talking about at these Power Plant Siting Act hearings for TWENTY YEARS!  This is exactly what we’ve been working to deal with in the Certificate of Need Minn. Ch. 7849 rulemaking for THREE YEARS!  These are exactly the same issues I’ve been raising in docket after docket, gaining a remand in one, some “adjustments” in others, and even to the appellate court a couple of times — MCEA had more success in this (see the EIS decision here).  And so little changes.

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

2015 Summary Report – Docket 15-785

OK, folks, time to saddle up for another cattle drive!  Let’s get to it!

And on December 20… sigh…

OK, time to get to it.  There were THREE releases from the Minnesota Pollution Control Agency today related to the Red Wing/Xcel Energy/Lab USA ash mining project.  THREE!

The ash mining project’s EAW:

Lab USA’s Ash Processing Facility – EAW (p-ear2-119a)

The internet is going nuts with news that the Army Corps of Engineers has denied the Dakota Access Pipeline permit.  It’s a pause… not STOPPED!

Morton County Sheriff briefing on moving back from bridge

Bismarck Tribune: Police consider pulling back from Backwater Bridge

But what’s really happening with the permit?  No direct statement from Army Corps yet.

UPDATE: From U.S. Army Corps of Engineers:

Army will not grant easement for Dakota Access Pipeline

Now, from Dept. of Interior Secretary Sally Jewell:

It looks like what’s happening is that the ACoE is denying the permit for the route over the river and through sacred Indian lands, and will be looking for a reroute and doing an Environmental Impact Statement.  ABC News states that pretty clearly below.  It’ll be in “stick it there” mode, with the ACoE looking for somewhere to put it!  I’ve been looking and looking, don’t see anything from ACoE directly.

NYT – Federal Officials to Explore Different Route for Dakota Pipeline

Dakota Access Pipeline denied near Sioux Reservation

U.S. Army Corps of Engineers denies easement for Dakota Access Pipeline

Administration orders review of Dakota Access Pipeline easement (this version most closely states what I’m guessing is going on)

DAPL: Sec. of Army announces DAPL easement has been denied

ABC News: JUST IN: US Army denies easement allowing Dakota Access Pipeline to cross under North Dakota lake, citing “need to explore alternate routes”