Legalectric

Once more with feeling, the Public and Evidentiary hearings for the Rochester natural gas pipeline are coming up early next month (PUC Notice):

Here’s the testimony from MERC and the Commerce “Comments” so far:

Direct_Rick J Moser_201610-125945-04

Direct_Lindsay K Kyle_201610-125945-03

Direct_Amber S Lee_201610-125945-02

Comments were received on the “CEA” and remember, the Comparative Environmental Assessment” is an environmental review document ruled insufficient (Sandpiper Appellate Decision-CEA) for the Sandpiper pipeline:

MERC_comments_201610-125498-01

DOC_EERA_Public Comments Received_201610-125737-01

And general public comments and scoping comments received earlier:

DOT_Comments_20164-120024-01

DNR_1of4_20164-120059-01

DNR_2of4_20164-120059-02

DNR_3of4_20164-120059-03

DNR_4of4_20164-120059-04

Rochester Olmsted Planning Department Comments

Laursen_Comments_20166-122017-01

Hanson_20164-120598-01

Ryan_20164-120680-01

Anderson_20164-120670-01

Meyer Farms_20164-120638-01-1

Kottschade_WSB_20164-120641-01

Westridge Hills_20164-120640-01-1

NNG_Eller_20164-120644-01

Jacobson_20164-120688-01

Dee_20164-120687-01

Darnell & Dee_20164-120689-01

 

 

Who cares if this narcissistic nasty blowhard won’t declare whether he’d accept the election results?  The results will be what they will be, and pushing this loser to accept the results only gives him power.  Don’t bother.  Proceed, blow his doors off and leave him in the dust.

Well done, Edina.  This grizzled old fart, who has seen pretty much everything a City Council meeting has to offer, came away feeling hopeful and encouraged that Edina will dig into its systemic racism, wrestle with it, and rework police procedure and practices.  The Mayor and Council’s acknowledgement of racial issues and apology for treatment of Thomas, and I’d say also an implied larger apology for systemic racism that needs to be addressed, went a long way to opening the “conversation” that will be ongoing.

Last night was the Edina City Council’s first meeting after the arrest of Larnie Thomas for walking while black, grabbed off the street and cited for violating Minn. Stat. 169.21; 169.02 and 609.72.  It was standing room only, and it was a thoughtful, fiercely concerned, distressed group, really tired of having to stand up to this police behavior time after time after time.  As someone who grew up just 1/2 mil from the site of the 60th & Xerxes arrest, I felt compelled to fire off a couple emails and show up at the Council meeting.

On one of the yak-yak lists, I heard there were two huge lights focused on City Hall, an ambulance parked out back, and a big police presence.  That’s not what I saw.  Huge towering lights like were posted outside Mpls. 4th Precinct?  No, no large light towers — instead, I saw two large towers for media satellite transmission, and the lot and building was pretty dark:

Coming in, just as the meeting was starting, there were two uniformed officers entering at the same time, but City Hall and the Police Department are in the same building, using the same entrance at the front (there were also garage doors on the other side of the building), and they weren’t hanging out in the foyer.  The Chief was in the room seated to the left of the Council, but otherwise, nothing noteworthy.  So I think that’s a bit off.   Nothing intimidating and no police presence that I noticed.

What did happen?  It was a very long meeting.  The Council dropped the planned agenda, and shuttled it off until later, providing an opportunity for everyone who wanted to speak to speak.  And it was good.  Very emotional comments, thoughtful, heartfelt, direct, fierce, quiet, asking, demanding change, and not just words, but that Edina walk the walk. There were hours and hours of comments.  Although people were standing at the back and sides and sitting on the floor in the aisle, a man at the entrance pointed out a couple seats still open, one was then taken, but one was open at the front, so I went up and grabbed it.  A reporter had been in it but was crawling around the floor shooting photos, and let me have it (THANK YOU!), and so I got to speak early on, and then left so someone else could move up and I could get back to Red Wing.  The Council listened, and listened, and listened some more.  At the end, most of them offered their perspective, a couple of apologies, and some clear direction that those facing these issues every day be part of the solution, the recognition that it was so important to solicit and take advice of NAACP and #blacklivesmatter in determining what to do and how to do it.  They heard loud and clear that there’s been enough talk, and again, that they need to walk the walk.  Next steps and a timeline are on the agenda.  Overall, this felt good.  Grizzled old fart cynic that I http://www.startribune.com/at-edina-city-council-anger-over-police-incident/397532401/am, yes, this felt good.

In the STrib:

Edina mayor, City Council apologize over police treatment

It’s hit the New York Times:

Black Man Is Arrested While Walking, and Minnesota City Starts a ‘Conversation’

NAACP’s Nekima Levy-Pounds:

“In light of the egregious incident that happened, the city of Edina responded at the City Council meeting in a way that demonstrated a level of compassion, and they signaled that they heard what the people had to say,” she said. “I have not seen that happen in any jurisdictions that I have covered.”

KARE 11:   Community weighs in on controversial Edina video

KSTP: Edina City Council Meets for First Time Since Controversial Video

CBS Local : Edina Citizens Demand Justice Following Officer Incident

MPR: Edina council hears criticism of policing in wake of video confrontation

And as this goes forward, keep in mind Edina’s Police Chief’s May 2014 comments about walking in the street:
(Original document here: http://edinamn.gov/corecode/uploads/document/uploaded_pdfs/corecode_edina/MINUTES%20for%20May%2015,%202014_475.pdf)

Comment on the Edina site: http://edinamn.gov/index.php?section=contact-us

Edina City Council members:

Mary Brindle mbrindle@EdinaMN.gov
Mayor James Hovland jhovland@EdinaMN.gov
Kevin Staunton kstaunton@EdinaMN.gov
Bob Stewart rstewart@EdinaMN.gov
Ann Swenson swensonann1@gmail.com

Prior Legalectric post:

It’s official!

Public Hearing Notice_201610-125793-01

Map from Comparative Environmental Assessment(click for larger version)

Heads up — there will be a public hearing about this line some time in the future, I’d expect before year end, but who knows…  Will find out and post here, and until then, here’s the “target” schedule (click for larger view):

In the meantime, the Draft Comparative Environmental Analysis has been released for the MERC natural gas pipeline around the south and west side of Rochester, yes, a CEA, the environmental review document tossed out in the Sandpiper Appellate Decision OPA150016-091415.

How did I miss this?  I see I’m not on the service list — anyone who comments should be.  And I know I went to the meeting and handed in comments, and eFiled as well:RRRRRRRRRR. I have two major concerns.  First, hiding the RPU gas plant that this will service; second, that if this pipeline goes in, how close will it be to existing development and will the local governments permit development over and next to this gas pipeline, as has been done in Kasson and Byron, to name a few.  This is a serious problem and they’d better consider it.

Documents I’d entered in support of Comments at the Scoping meeting back in February:

Sandpiper Appellate Decision-CEA_20165-120948-01 (filed multiple times, ???)

RPU_2012 Infrastructure Update_2012  20164-120802-01

RPU chooses Boldt to build new $62 million power plant 20164-120796-01

Safe separation distances from natural gas transmission pipelines_20164-120797-01

A model for sizing high consequence areas with natural gas pipelines_20164-120800-01

Anyway, looking at the public comments regarding the CEA, PUBLIC COMMENTS HERE, I see that yes, they’re planning on routing this through an area that’s going to be a subdivision, now in the permitting process.  The developers have raised concerns.  ???  There should be awareness that platting over a pipeline is a major liability exposure for the permit granting jurisdiciton and whoever builds next to a pipeline, what with such broad burn zones.  Once more with feeling:

• Model for Sizing High Consequence Areas Associated With Natural Gas Pipelines
• Safe Separation Distances From Natural Gas Pipelines

This MERC pipeline is to support the natural gas plant on the west side of town, and as I’d noted before in an earlier post, with some links to primary documents:

First they brought it up at Rochester Public Utilities Board meetings over the summer [2015]:

PUB- Resolution 4315 – Resolution: West Side Energy Station

Westside Energy Station Epc – Bids in Minnesota

And finally, last week, RPU made it’s plans to add new natural gas generation VERY public:

A New Generating Station for Rochester

Back in that CapX 2020 Certificate of Need proceeding (PUC Docket 06-1115) it was an issue because the “need” used to justify CapX 2020 transmission to Rochester was so very small that it could be met with this RPU planned natural gas plant.  Here’s what I wrote in the 2008 No CapX 2020 Initial Brief:

Most importantly, the need is overstated. In addition to modeling performed with all local generation off line, infrastructure planned was not considered. For example, in Rochester, there are FOUR 161kV lines planned that were not taken into consideration, and which could well serve Rochester’s needs. In addition, RPU, the Rochester utility, has planned for new generation at the West Side substation (Ex. 100, lower left corner), where two of those four lines will be connection to serve Rochester. Ex. 157, Report on the Electric Utility Baseline Strategy for 2005-2030 Electric Infrastructure, June 2005, Summary p. S-21-S-22. Specifically, this report recommends actions that have been taken by RPU, resulting in the Westside Substation and transmission from it to serve the city:

Consider taking options on approximately 100 acres of land within the RPU service territory near a high pressure gas line and transmission facilities under RPU control for installation of future combustion turbine capacity.

…Around 2014, assuming that new generation is required in accordance with the long range plan and that generation has not been installed in connection with the transmission issue, begin the process for installation of approximately 50-100MW of natural gas-fired generation for an inservice date of 2018. The generation should be low capital cost with as low an operating cost as is consistent with expected operating capacity factors.  Id.

Local load as a reason for CapX is not supported by the evidence. The need, even if assumed, can be met in other ways, and these small amounts, if assumed in its entirety, cannot justify a project of this size.