Legalectric

Philando Castile.  Another police shooting death, another police murder.  How do we turn this around?  Why do police officers have their hands on their guns, and not tasers?  Was nothing learned from Jamar Clark’s shooting?  It goes beyond a matter of prosecuting the shooters, it goes beyond training, it goes to the fear, profiling, and systemic racism that triggers these shootings by police.  Again, how do we turn that around?

What to do, what can be done… and it seems to me here’s a start: It’s time for systemic change to address the race/class/religious profiling and fear, for police protocol putting tasers as the first option (not guns), training all police officers on the use of deescalation techniques, raising the legal threshold for justifiable use of force, and a serious look at police psych testing and reevaluation of criteria for hiring.  After the fact, we need an independent investigation, truth, and restorative justice process.  Attend vigils and demonstrations, particularly us white folks.  We can push in all venues, and action sure helps the existential angst!

Minnesota House Members

Minnesota Senate Members

Federal — Members of House and Senate

A vigil for Castile being planned for 5:30 p.m. today at J.J. Hill Montessori Magnet School, where he worked and was well-respected. He was a cafeteria supervisor there and had worked St. Paul Public Schools since 2002.

Diamond (used Lavish fb account) Reynolds, Castile’s girlfriend, recorded this right after the shooting last night and posted it to facebook — facebook disappeared it for a while, but it’s back, and even the STrib has posted it, that probably won’t disappear.

Video recorded by Diamond Reynolds, via STrib.

The whole world is watching… It’s gone national, the police murder of Philando Castile, pulled over for a tail light out, and shot while sitting in his car while following directive of police to produce his license and reaching for his wallet.

From the New York Times:

Philando Castile Shooting in Minnesota Leads Governor to Seek U.S. …

And NPR:

‘I’m Outraged’: Mother Of Philando Castile, Slain By Police, Speaks Out …

Who was Philando Castile? From the St. Paul School District:

“Saint Paul Public Schools and its staff grieve the tragic death of a former student and current employee, Philando Castile.

He graduated from Central High School in 2001 and had worked for Saint Paul Public Schools (SPPS) since he was 19 years old, beginning in 2002, in the Nutrition Services Department.

Mr. Castile was promoted to a supervisory position two years ago and was currently working in one of our schools during the summer term.

Colleagues describe him as a team player who maintained great relationships with staff and students alike. He had a cheerful disposition and his colleagues enjoyed working with him. He was quick to greet former coworkers with a smile and hug.

One coworker said, “Kids loved him. He was smart, over-qualified. He was quiet, respectful, and kind. I knew him as warm and funny; he called me his ‘wing man.’ He wore a shirt and tie to his supervisor interview and said his goal was to one day ‘sit on the other side of this table.’”

Those who worked with him daily said he will be greatly missed.”

And thanks to the STrib for posting a transcript of Diamond Reynolds’ video:

Lavish Reynolds: Stay with me. We got pulled over for a busted tail light in the back and the police he’s he’s he’s covered [inaudible]  they killed my boyfriend. He’s licensed he’s carried so he’s licensed to carry. He was trying to get out his ID and his wallet out his pocket and he let the officer know that he was that he had a firearm and he was reaching for his wallet and the officer just shot him in his arm.

Officer: Ma’am, keep your hands where they are.

Reynolds: I will sir, no worries, I will.

Officer: [Yells expletive.]

Reynolds: He just got his arm shot off. We got pulled over on Larpenteur.

Officer: I told him not to reach for it. I told him to get his head up.

Reynolds: He had, you told him to get his ID, sir, his driver’s license. Oh my god please don’t tell me he’s dead.

Officer: [Expletive.]

Reynolds: Please don’t tell me my boyfriend just went like that.

Officer: Keep your hands where they are please.

Reynolds: Yes I will, sir. I will keep my hands where they are. Please don’t tell me this Lord please Jesus don’t tell me that he’s gone. Please don’t tell me that he’s gone. Please officer, don’t tell me that you just did this to him. You shot four bullets into him, sir. He was just getting his license and registration, sir.

[Silence]

Officer: Get the female passenger out.

Other officer: Ma’am exit the car right now with your hands up. Let me see your hands. Exit now. Keep ‘em up, keep ‘em up.

Reynolds: Where’s my daughter? You got my daughter?”

Other officer: Face away from me and walk backwards. Walk backwards towards me. Keep walking. Keep walking. Keep walking. Get on your knees. Get on your knees. Ma’am you’re just being detained right now until we get this all sorted out OK?

Reynolds: They threw my phone Facebook. Please don’t tell me Lord Jesus please don’t tell me [inaudible].

Officer: Let me see your purse. You have any weapons or anything?

Reynolds: No. Please don’t tell me my boyfriend is gone. You can take it off my hand. Please don’t tell me he’s gone. Please Jesus no. Please no. Please no don’t let him be gone Lord.

Officer: [Expletive]

Officer: [Expletive]

Reynolds: He told him to get his license and registration. He told him he was licensed to carry and that he had his gun on him and then he started shooting. He started shooting for no reason.

Officer: [Expletive]

Officer: [Expletive]

Officer: [Expletive]

Officer: [Expletive]

Officer: [Expletive]

Reynolds: His wallet and license and registration you told him to get it, sir. You told him and he tried to tell you he had a license to carry and was gonna take it off. Please don’t tell me my boyfriend’s gone. He don’t deserve this. Please. He’s a good man he works for St. Paul Public school. He doesn’t have no record of anything. He’s never been in jail anything. He’s not a gang member anything.

Reynolds: [inaudible] and that you cover him Lord. That you allow him to still be here with us Lord. Still with me [inaudible] Lord. Please Lord wrap your arms around him. Please Lord make sure that he’s OK, breathing Lord. [inaudible] Please Lord you know our rights Lord you know we are innocent people Lord. We are innocent people. We are innocent. My four-year-old [inaudible]

Reynolds: Could you please get my phone for me?

Other officer: I’ll talk to my supervisor.

Reynolds: It’s right there it’s on the floor. It’s right there.

Other officer: Could you just stand here sweetie?

Child: I want to get my mommy’s purse.

Other officer: I’ll take care of that OK? Just stand right here for me.

Reynolds: Stay right here. Before you take the handcuffs off of me can you [inaudible]

Other officer: Can you search her before [inaudible]? I can’t it’s got to be processed OK?

Reynolds: Come here (to child).

Other officer: Is that your phone?

Reynolds: We’re in the back seat of the police car. [inaudible] call me the police just shot my boyfriend for no apparent reason. My phone is about to die. They shot him. He shot him three times because we had a busted tail light. He asked him for license and registration he told him that it was in his wallet but he had a pistol on him because he’s licensed to carry and the officer told him don’t move and as he was putting his hands back up the officer shot him in his arm about four or five times. I’m on Larpenteur and Fry. Whoever can come to Larpenteur and Fry that’s where I’m at. I’m gonna need a ride home. We’re on Larpenteur and Fry. [inaudible] if you can come to Larpenteur and Fry we’re right here in Roseville. Got the Roseville Police they got me handcuffed, my phone is about to die. I’m on Larpenteur and Fry and the Roseville Police Department just shot my boyfriend. They shot him four times. He’s licensed to carry. We had a busted tail light. And we had some weed in the car that’s about it.

It was a Chinese police officer that shot him. He’s Chinese he’s about 5.5, 5.6-1/2, heavy set guy. He asked him for his license and registration which was in the back of his pocket because he keeps his wallet in his pocket. And as he went to reach he let the officer know before he was reaching that he had a firearm on him and before he can let the officer know anything the officer took off shots. About 4 or 5 rounds were shot and my boyfriend I don’t know what condition he’s in. I don’t know if he’s OK or if he’s not OK. I’m in the back seat of the police car, in the back seat of the police car handcuffed. I need a ride. I’m on Larpenteur and Fry they’ve got machine guns pointed.

Reynolds: Don’t be scared. My daughter just witnessed this. The police just shot him for no apparent reason. No reason at all. They asked for license and registration. That’s the police officer over there that did it with the black on. I can’t really do shit because they have me handcuffed.

Child: It’s OK mommy.

Reynolds: I can’t believe they just did this I’m [expletive] [screams].

Child: It’s OK, I’m right here with you.

Reynolds:[Cries]

Reynolds: Y’all please pray for us Jesus please y’all. I ask everybody on Facebook everybody that’s watching everybody that’s tuned in please pray for us. Sister I know I just dropped you off but I need you to pick me up I need [inaudible] to call my phone.

Way back during the CapX 2020 proceeding, it became clear that Rochester Public Utilities planned to build gas generation just west of town, at the “Westside” site.  But this was downplayed, and ignored by the ALJ, because it would be evidence that CapX 2020 wasn’t “needed.”  And of course demand was way down, which we knew but which was also ignored, and that was one more reason CapX 2020 wasn’t needed.  The Rochester gas generation was delayed.

But recently they announced the new gas pipeline around the city, and now, the gas plant.  Today, from the MPCA:

MPCA requests/expects certain things to be addressed in Comments, “you must state” per the MPCA:

(1) Your interest in the permit application or the draft permit.
(2) The action you wish the MPCA to take, including specific references to the section of the draft permit you believe should be changed.
(3) The reasons supporting your position, stated with sufficient specificity as to allow the MPCA to investigate the merits of the position.

Send Comments to:

Rachel Yucuis
Industrial Division
Minnesota Pollution Control Agency
520 Lafayette Rd
St. Paul, MN 55155
Phone: 651-757-2863
Email: rachel.yucuis@state.mn.us

Time for a nap.  Just filed Comments on the USDA RUS’s Environmental Assessment for Dairyland’s Q-1 D South transmission line.  Here’s the EA:

Q1-South_Environmental Assessment

And here are the Comments I filed on behalf of No CapX 2020:

No CapX 2020 EA Comment_July 1, 2016

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

Oh, and the interesting thing is that just this morning, I got a copy of the “Briggs Road-La Crosse Tap 161 kV Rebuild Study”  Thank you, Chuck Thompson!

Really!  Xcel Energy has paid less than $1 million in federal income taxes in the 7 years from 2009 through 2015!

This is from the Direct Testimony of Nancy Campbell, Department of Commerce DER:

Campbell_DER_Direct Testimony_20166-122243-04

Here’s the Exhibit she refers to, scroll down to “NAC-20” at the very end, where you’ll find Xcel’s answer to IR 1171:

Campbell_Direct_Attachments1_20166-122249-01

I’m looking into whether any intervenor or state agency is looking at the Xcel Energy proposal to take transmission out of CWIP rate adjustments and put into general rates. What they’re asking is:

and:

(this paragraph is is repeated a few times).  This Transmission Cost Recovery plan can be found by searching the Xcel Energy Rate Case Application (PUC Docket 15-826):

1_Application_201511-115329-01

But this transmission cost recovery is at a rate that is FERC approved MISO rates, challenged at FERC, and greatly reduced in the FERC ALJ’s Order — note Xcel Energy’s “DCF result” is 8.40%, a long way from 12.38% (on the very last page):

FERC EL-14-12-002_ALJ Order

The issue, per the ALJ:

Here’s a more detailed look at the issues in the Complaint:

And cost apportionment for these projects is spread out in MISO Schedule 26A (updated every year).  This is how they’re apportioning costs among the utilities handling the many zones in MISO:

Yeah, it’s impossible to read — here’s the Excel spreadsheet (2014 version, this is updated annually):

Exhibit B_Schedule 26A Indicative Annual Charges_02262014

There’s lots of testimony in this rate case, including from the “Minnesota Large Industrial Group” (note Minnesota large industrial customers pay lower per kw cost than us regular residential customers!), and so digging through this is just the beginning…

And remember, this is the case where the ALJ denied Overland and No CapX 2020 intervention, saying:

Further, the Petition states that purposes for which No CapX 2020 was “specifically formed” (fn 22 omitted) was to participate in dockets which are now closed, raising the question of why No CapX 2020 continues to exist.

Really, that’s what the judge said!

Denial #2_Overland-NoCapX Intervention

Why No CapX 2020 continues to exist?  Perhaps to raise issues that no one else is raising?!?!  Oh, well, they can’t have that, can they…

Speaking of Xcel Energy, they’re in the news:

Large Outflow of Money Witnessed in Xcel Energy

Dairyland Power Cooperative’s transmission through Onalaska and La Crosse is something to see…

Dairyland Power Cooperative and USDA’s Rural Utilities Service has released the “Q-1D South” Environmental Assessment, open for Comment until July 1, 2016:

Q1-South_Environmental Assessment (BIG FILE)

And from Dairyland’s site:

Briggs Road to La Crosse Tap (Q-1D South) – Environmental Assessment

Comments are due July 1, 2016 — send to:

USDA’s Dennis Rankin:  dennis.rankin@wdc.usda.gov

(I’d also cc DPC’s Chuck Thompson:  cat@dairynet.com)

By U.S. Mail:

Dennis Rankin

Environmental Protection Specialist

USDA Rural Utilities Service

1400 Independence Avenue S.W.

Mailstop 1571, Room 2242

Washington, DC  20250-1571

What’s to comment on?  I see two issues that should be sufficient to stop this project in its tracks — the debt load of Dairyland Power Cooperative and the physical setting of the project which too near and right over people’s homes.

Debt load — Dairyland Power Cooperative’s debt is excessive and should prohibit taking on more debt:

Dairyland Power Cooperative’s Annual Meeting was last week.  One purpose of an organization’s Annual Meeting is to discuss its financial status and approve plans going forward.

Dairyland depends on federal USDA/RUS loans to pay for its transmission expansion, such as the Q-1 transmission upgrades, including Marshland-Briggs Road and now the stretch from Briggs Road to North La Crosse south of I-90. Another USDA/RUS loan paid for Dairyland’s share of the CapX La Crosse line now blighting the bluffs. Dairyland will also be part owner of the MISO Hickory Creek to Cardinal line from Iowa to Madison. That’s a lot of transmission and loans.

Dairyland recognized this financial risk and lopsided debt/equity position, and in 2012 sought help from FERC_(DPC_Request4DeclaratoryOrder), requesting a hypothetical capital structure of 35 percent equity and 65 percent debt when its actual capital structure was 16.5 percent equity and 83.5 percent debt, and FERC did grant this relief in an Order for DPC for CapX 2020 (see FERC Docket, go HERE and plug in docket EL13-19-000).  That Order, and the 83.5/16.5% debt/equity ratio was prior to the present Q-1 D South project and the MISO MVP Hickory Creek to Cardinal transmission line.  Dairyland requested a “hypothetical” (bogus) debt/equity ratio to preserve its credit rating and enable low cost loans. The true debt level makes DPC a higher risk.

Are Dairyland members aware of the 83.5%/16.5 % debt/equity ratio and reliance on loans for major transmission projects? What’s the debt level where new projects are included? This new transmission enables increased power marketing and sales, a private purpose. Is this highly leveraged position for new transmission in the best interests of Cooperative members?

Physical setting of the project — it’s just too close!

The map way above is what the transmission system in the area looks like theoretically, according to the Wisconsin Public Service Commission, but here’s what Dairyland’s Q-1 South line looks like on the ground:

Really… Here’s what it looks like from a satellite with the lines drawn in, on the far south:

Here’s what it looks like further north — look at all those homes:

And here’s what the Wisconsin PSC Code says about clearances in PSCW 114.234:

(2) Transmission lines over dwelling units. [Follows NESC 234C1b, p. 119] (Addition) Add the following paragraph c:

c. Transmission lines over dwelling units.

No utility may construct conductors of supply lines designed to operate at voltages in excess of 35 kV over any portion of a dwelling unit. This provision also applies to line conductors in their wind-displaced position as defined in Rule 234A2.

Note: It is the intent under s. SPS 316.225(6) that the public not construct any portion of a dwelling unit under such lines.

Note: The term “dwelling unit” has the meaning given in ch. SPS 316, which adopts by reference the definitions in NEC-2008.

Note: See s. SPS 316.225(6) Clearance Over Buildings and Other Structures, which refers to ch. PSC 114 regarding clearance of conductors over 600 volts and the prohibition of dwellings under or near overhead lines.