There was a big turn out tonight at Urland Lutheran Church, where at least 100 people interested in the Zip Rail joined Sen. Matt Schmit and DOT Commissioner Charlie Zelle to hash it out.

This project is so “not happening.”  The state has pulled its funding, Olmsted County has pulled its funding, and the North American High Speed Rail Group is on its own (with no money).

County puts spike in Zip Rail project

MnDOT suspends its work on Zip Rail project

The last “Project Schedule” was published in March, 2015, 11 months ago to the date, and from that, it’s obvious this project is going nowhere, because nothing has happened since:

It seems many people want certainty, want this to END!  They want confirmation that this thing is dead and buried and won’t reappear… but that’s not how these things happen.  It’s moribund, “lacking in vitality or vigor.”  In my humble professional opinion which I voiced at the meeting, based on over 20 years of wrestling with so many ill-advised and pipedream projects, there are two things to do:

• Write Comments on the Alternatives Analysis Report and file them with everyone who had any connection with this project, so they’ll put them in the file with the Alternatives Analysis Report, to “inform the record” and be found if it should somehow be resurrected.  DOT says to send Comments to: webmaster.dot@state.mn.us

Sen. Matt Schmit says the link for comments should be: http://www.dot.state.mn.us/ziprail/comment-form.html

I would also send copies to:

Dan Krom
Director
651-366-3193
daniel.krom@state.mn.us

Praveena Pidaparthi
Planning Director
651-366-3199
praveena.pidaparthi@state.mn.us

Garneth Peterson
Environmental Coordinator
651-366-3615
garneth.peterson@state.mn.us

charlie.zelle@state.mn.us

sen.matt.schmit@senate.mn and rep.tim.kelley@house.mn

• Put feet up, deep breathe, move on, and keep a casual eye open in case it pops up again.

There’s nothing that can be done to force a more certain resolution, and it requires a bit of trust (and maybe experience with public process?) that it’s stopped, is without funding, and that’s that.  Learn to live with it, it’s like a remission diagnosis, because there’s nothing to be gained from spending energy and effort being worried and fretful wondering if it’s going to come back, it’s time to live life.

What’s Chuck Michael going to do now?  What could possibly follow the Mesaba Project “pipedream of green and clean” and then this flop called Zip Rail?!?!

Hot off the press, received from the DOT yesterday:

Environmental Impact Statement suspension

MnDOT has announced the suspension of work on the Rochester-Twin Cities Passenger Rail Corridor Investment Plan and Tier 1 Environmental Impact Statement (Zip Rail) process that had a Final Scoping Decision Document issued on Jan. 19, 2015.

This project is a voluntary EIS under state environmental regulations. Public funding constraints, as well as private sector actions to undertake a similar project, have led to this decision. As the Responsible Governmental Unit, MnDOT, along with its partner Olmsted County Regional Railroad Authority, determined that the most appropriate step is to suspend the Zip Rail EIS at this time.

MnDOT is also notifying interested individuals and agencies that participated in the environmental review process about the suspension of the EIS.

For more information about Zip Rail in Minnesota, visit MnDOT’s Zip Rail website.

And in the RW bEagle, here’s Alan in the background!

MnDOT commissioner tackles questions on high-speed rail

By Michael Brun on Feb 17, 2016 at 12:05 p.m.

CANNON FALLS — State Transportation Commissioner Charlie Zelle fielded a barrage of questions Tuesday night from a packed crowd of southeastern Minnesota residents anxious about proposed high-speed rail projects between the Twin Cities and Rochester.

Zelle and other Minnesota Department of Transportation officials took part in a town hall-style meeting hosted by state Sen. Matt Schmit in Urland Lutheran Church. The meeting was called in response to public concern over the recently shelved Zip Rail project and a separate proposal by a private rail developer.

The Minnesota-based North American High Speed Rail Group contacted MnDOT about a year ago to pitch its idea for rights to study and build a privately funded line connecting the two metropolitan centers, Zelle said Tuesday in his opening remarks.

“It was frankly a little vague, and we were very reluctant,” Zelle said of the proposal.

MnDOT announced Jan. 27 it had issued permits to NAHSR to study the feasibility of an elevated high-speed rail line following the Highway 52 corridor — which Zelle said should form a clearer picture of what the company envisions.

MnDOT and Olmsted County Regional Railroad Authority meanwhile suspended study on the public Zip Rail project last month due to a lack of funds and “legislative appetite,” Zelle said.

Both projects drew strong criticism from several audience members who questioned the impact of a new rail line on area farmland and whether eminent domain would be used to construct it.

“We’re not standing here just because we don’t like an idea; we’re standing here in defense of ourselves and in defense of our communities and in defense of our homes,” said Heather Arndt with the grassroots group Citizens Concerned About Rail Line.

Zelle said any high-speed rail line — private or public — would require an environmental review process with opportunities for residents to make comments.

MnDOT also announced Tuesday it will include public comments in the state record alongside a Zip Rail alternatives analysis report released just before the project was suspended. The document, which identifies eight potential routes for Zip Rail, can be revisited in the future if interest in the project returns.

Details for submitting a comment can be found at www.dot.state.mn.us/ziprail/contacts.html.

Yeah, Chucky’s baaaaaack!  And if it walks like a duck, talks like a duck…

Chuck Michael is back and he has been for a while on this Zip Rail project.  And it’s a small world, particularly in this public policy and infrastructure area.

Turns out it’s much smaller, he’s been working a couple of sides of this project, Olmsted County and apparently the North American High Speed Rail Group, meeting with officials in “other states.”  And they’ve been to Washington, together, and have been lobbying hard in Minnesota, both Olmsted County and NAHSR:

Zip Rail backers make their case in Washington, D.C.

And look how he’s represented for the conference, Twin Cities HSR Passenger Corridor, on which that article above was based, where an Olmsted County representative and a NAHSR rep are also on the bill:

U.S. High Speed Rail Conference

Hear about the new private high speed rail project advancing in Minnesota being developed by Zip Rail and North American High Speed Rail Group, a Minnesota company set up to develop, construct, own and operate electric high speed rail systems in the USA.
 
-Ken Brown, Olmsted County
-Chuck Michael, Twin Cities HSR Passenger Corridor

-Wendy Meadley, NAHSR

A project from Las Vegas to LA was waved around as competition to this Metro – Rochester Zip Rail, as in a threat of “build Zip Rail and if not we’ll go to Vegas,” and if so, doesn’t that “competition” mean it’s a conflict, and not working in the interests of Olmsted County?  Or is it that Michael went “out of state” as in to Washington?  It doesn’t say what project he was working on “out of state,” whether it was Zip Rail or something else.  That should be disclosed.

But big picture, I don’t see this as much as a “conflict” as an “reporting” issue, because based on the conference presentation above, their lobbying together, because I’d guess the parties’ interests regarding Zip Rail, the positions/interests of Olmsted County and NAHSR are pretty much the same, though Olmsted County should have more of a sense of working in the public interest.  THAT is a problem, and it’s Olmsted County’s problem and the voters there should address this!

More of an issue is declaration of those interests and where and how much money is devoted to pushing those interests.  Who’s registered with Campaign Finance Board?  Chuck Michael is not registered as a lobbyist under any entity.  Nada…   The essence of his job is lobbying, in Minnesota and nationally, and he’s not listed with the Campaign Finance Board.  Not Olmsted County, and not North American High Speed Rail.   I think it’s time Chuck Michael and the associations he’s working for on this project register and disclose.

Anyone that had anything to do with Excelsior Energy’s Mesaba Project, as Chuck Michael did, needs high scrutiny.

The Wabash Valley IGCC (coal gasification) generating plant was built as a demonstration project, and oh what a miserable failure that was.  Such a failure that they’re now shutting down the coal gasification part and will be running only on natural gas.

After it was “finished” it took years of work, with at times 22 engineering contractors, to cobble it together and make it run.  It rarely ran at capacity, and often didn’t run at all.  Operating costs were through the roof.  It also exploded and killed two workers, which made headlines just as our opposition to the Mesaba Project was getting into full swing, yet that explosion was just the tip of the iceberg in the many problems with this project.

Wabash River IGCC plant explodes, two workers killed

More on coal gasification plant explosion

Coal gasification explosion: metal fitting broke, released gas

Wabash River Final Technical Report(it was “routinely” in violation of its water permit for selenium, cyanide and arsenic)

And here’s the good news — IT’S SHUTTING DOWN FOR GOOD!

47 employees will be laid off. Wabash Valley Power Association to cease operations at sgSOLUTIONS

And:

Yesterday at the Xcel Energy rate case prehearing conference, Xcel’s attorney, Eric Swanson, stated that they’d be objecting to the No CapX 2020/Overland intervention.  Just after that prehearing conference ended, their objection was filed:

20161-116957-02_Objection Intervention

Good idea, Xcel….

What do other Petitions for Intervention look like?  What other Objections has Xcel made to Interventions?  What do Petitions for Interventions that have been granted by an ALJ look like?  Let’s compare…

Recently, Xcel Energy’s Chris Clark, who I’d been working in tandem with years ago when he was just lowly corporate counsel cohort opposing the legislatively mandated Power Purchase Agreement for the Excelsior Energy Mesaba Project said, “I just don’t understand why the transmission side hates you so!” (rough, not exact quote).

Well, Chris, I guess you’re gonna find out.

I presume that this is just a way to eliminate anyone that they haven’t bought off in the course of that “e21 Initiative” where they “reached consensus” about wanting a business-plan based multi-year rate plan — many of the usual suspects were NOT present at that Prehearing Conference and there’d only been two Interventions filed prior to the Prehearing Conference, and only one filed since.

e21_Initiative_Phase_I_Report_2014

Yeah, great idea.  I testified against that effort at both Senate and House committees, where the room was backed full of those who’d “reached consensus” and they were all S-I-L-E-N-T as Sen. Marty and Rep. Garofalo ushered that bill through.  SHAME!  Will they show up for the rate case, and what position might the take?  Certainly not anything challenging the “Multi-Year Rate Plan.”

There was an interesting twist too.  I’d brought up that under Minn. Stat. 10A.01, Subd. 2, participation on a rate case is deemed lobbying, and requires registration and reporting when/if the thresholds are met, and requested that this requirement be addressed in the Prehearing Order.  The ALJ clearly knew nothing about it.

Minn. Stat. 10A.01, Subd. 2.  Administrative action.

“Administrative action” means an action by any official, board, commission or agency of the executive branch to adopt, amend, or repeal a rule under chapter 14. “Administrative action” does not include the application or administration of an adopted rule, except in cases of rate setting, power plant and powerline siting, and granting of certificates of need under section 216B.243.

I’d noted in the discussion that the lobbying statute is typically noted in the Commission’s referral to OAH, and thankfully, on the record, I’d thought to look at that Order, and there it was, p. 7:

And I noticed that Eric Swanson was very, very quiet during that discussion.  HE is the one who charged me with not registering as lobbyist in the Not-so-Great Northern Transmission Line case, as attorney for Minnesota Power.  That was such a low budget virtually pro bono operation that there’s no way either RRANT or I would meet the thresholds for registering or reporting.  That gambit of his was just more harassment, trying to limit legitimate critique of their project and process.

So now, for a response to that Objection to Intervention of No CapX 2020 and Overland…

Oh… My… DOG!  Imagine Julie Jorgensen, Dennis Egan, and Mark Andrew, all for one, and one for all!  Where does the public fit in?

I love solar, but with these three, their track records, lobbying shenanigans, and their public project and public money magnetism, I’m going to take a very careful and skeptical look.

More solar could be coming

By Danielle Killey on Jun 28, 2015 at 1:00 p.m.

Red Wing could soon have many options for locals interested in solar power.

GreenMark Solar, a Minnesota-based solar energy company, announced Friday it has acquired land in Red Wing for solar garden projects.

The company, which is leasing property from area farmers, will work to have permits completed by the end of the year and plans to start construction next spring, said Dennis Egan, who has been assisting GreenMark.

“We’re looking at the configuration, but it potentially could be three separate sites,” Egan said, producing up to 15 megawatts of solar electricity combined.

Community solar gardens let local residents, businesses and other organizations purchase subscriptions. GreenMark’s projects would offer subscriptions to Xcel Energy customers.

“I am so pleased and proud to be working with GreenMark Solar to offer area businesses, institutions and residents the opportunity to purchase solar electricity at a discount without having to purchase solar panels to install on their own property,” Egan said.

GreenMark currently has a solar project under construction on top of parking ramps at the Minneapolis-St. Paul International Airport.

“As a state pioneer in creating substantial solar expansion, GreenMark is enthused to be offering subscriptions to our solar gardens in Goodhue County and other counties surrounding Goodhue,” said Julie Jorgensen, GreenMark Solar CEO.

The announcement comes on the heels of another potential solar garden project; earlier this month, Red Wing City Council members directed staff to work with Minnesota Community Solar on a lease for a 1-megawatt garden on city-owned property at Highways 19 and 61.

Julie Jorgensen (Julie Jorgensen CV ) was a Chief co-conspirator in the Excelsior Energy Mesaba Project, thankfully now virtually defunct (discounting its zombie qualities.  For more information go to www.legalectric.org and search “Excelsior Energy” or “Mesaba Project” or “Julie Jorgensen” or “Tom Micheletti” or “boondoggle” or “coal gasification” or “carbon capture” or “sequestration” or “IRRRB” or just “IRR” or “Iron Range Resources” or “Renewable Development Fund” and of course go to the Citizens Against the Mesaba Project www.camp-site.info and settle in for a good read.  And from a little over a year ago — zillow.com says it sold, but who knows the real story:

And this on the money they sucked out of the IRRB… how much has been written off?  And then there’s the state’s “Renewable Development Fund”   Again! Legislative Auditor on IRRRB! April 19th, 2015

And Dennis Egan, he’s front man on solar projects HERE?  In Red Wing???  Well, for sure he’s no longer ED of Minnesota Industrial Sand Council (that’s a google cache, I got a 404, “the site is crashed and should be repaired.”  It might be different by the time you see this, I’ll check tomorrow).

And then there’s garbologist Mark Andrew, champion of the HERC garbage burner in downtown Minneapolis.

Here’s some info about his garbage burner:

The “Burner County” resource page–resources to better understand why Hennepin County owns, and Covanta operates, the “HERC” garbage incinerator in Downtown Minneapolis, MN

At a Mayoral debate, he did an inventive Al Gore:

That didn’t phase Andrew, who reiterated his intention to install solar panels on city, park and school buildings to “set an example” for Minneapolis businesses and residents. Describing his green accomplishments on the county board, he said was the “creator” of the Midtown Greenway transit corridor, a version of history that glosses over the contributions of citizen advocates, and that he “created” the city’s recycling program.

And Mpls. garbage divides mayoral hopefuls – MPR News.  Needless to say he didn’t get the job.

And now, these three are selling solar in the Red Wing area.  What are they cooking up?  Read the fine print very carefully, and keep all the public money tied down.