7849 Rulemaking Update
July 4th, 2013
Last week was the second meeting of the “Advisory Committee” for the Minnesota Rules Chapter 7849 (Certificate of Need) pre-rulemaking drafting. Here’s the most recent draft — and the Ch. 7850 draft is ??? overdue… will post it as soon as it’s in.
It’s frustrating, because the informal “pre-rulemaking” drafting is the only real opportunity to offer any changes, once it’s into formal rulemaking, it won’t change in any substantive way. Meanwhile, it’s ongoing and the public isn’t well represented, well, they ARE represented, but only in nominal numbers, i.e. ONE regular person, and three attorneys who represent citizens, advocacy, landowners, environmental groups. SOOOOO, I’m doing what I can to let people know what’s going on. They’re not even making the drafts public so … here it is AGAIN! And I posted it on the PUC’s 7849 rulemaking site, go HERE and search for docket 12-1246!
If you have comments, write them up, very specifically explaining your comment and linking it to the specific rule or part of the rule the comment relates to, and post on the PUC’s eDockets or send to kate.kahlert@state.mn.us (she’s the PUC staff person in charge of this rulemaking).
A previous post with the details:
Rulemaking – Certificate of Need 7849
June 12th, 2013
Some comments were filed just before the first meeting, after the first meeting, before the second and after the second:
Wind Coalition – Christi Brusven
Change-Pro Redline – 6665625-v1-MN Wind Coalition Project Notice 7849 0130 (Comments added 7-3-13)-c
Participating Utilities – Alan Mitchell
Xcel Energy – Lisa Agrimonti
Project Notice 7849 Xcel Energy Comments
Rulemaking – email – Certificate of Need Chapter 7829
North Route Group – Suzanne Rohlfing
Rulemaking Comments for June 26
NoCapX 2020 & U-CAN – Carol A. Overland
Rulemaking – email – CEII (Critical Energy Infrastructure Information)
JCSP Big Picture – who pays? WE DO!
July 2nd, 2013
Transmission — it’s all connected. In looking at the Minnesota rulemaking, and the existing and proposed rules that utilize the word “regional,” I’m thinking about big picture stuff, the big proposals in the wings, and that Joint Coordinated System Plan (JCSP) map sure presents a big picture. For some reason, I’ve not been able to find the full JCSP report until recently:
Who cares about JCSP? Well, WE’D better care, because look who’s paying for the transmission build-out (p. 68 of Vol. 1):
Look at the numbers for Midwest ISO, a $-10,293, or for MAPP, a $12,292, that’s a COST, not a savings. MISO and MAPP get nominal production cost savings and massive load COSTS. This is not news, but is worth repeating as we discuss “regional.” And another take with the same take-away of big costs for MISO and MAPP customers, used by our good friends at AWEA to promote this transmission buildout in their flyer called “Green Power Transmission and Consumer Savings” (flyer below):
Read the whole thing:
What a deal, eh?
Look what AWEA has been advocating to make this happen:
Critical Energy Infrastructure Information NOT!
June 26th, 2013
At today’s 7849-7850 Rulemaking (PUC Docket 12-1246) “Advisory Committee” meeting, a discussion was had… Commission staff has wisely proposed that a map be included showing system transmission infrastructure in the Application, and that notices also have a project map showing nearby transmission lines. Makes sense to me! Particularly considering Minnesota’s policy of non-proliferation of transmission lines:
But I was shocked to hear some who should know better claim that maps of transmission lines are a tightly-guarded Critical Energy Infrastructure Information top secret! Today’s discussion of CEII and inclusion of transmission maps in an application and in notices was disturbing to say the least. There was no specific information regarding CEII categories at the meeting (internet access, anyone?), so I sent everyone a missive and attached the CEII definition from the FERC website, and this definition from MISO’s Non-Disclosure Agreement, to clarify the status of transmission maps: NON-CEII!
And from the MISO Non-Disclosure Agreement, it’s ever so clear:
The lengths that these utilities go to to keep such crucial information from the public is astounding — it’s not that they don’t know, because they are many things, but they are NOT stupid.
Who cares about whether a transmission map is CEII or not? Well, Xcel sure does, look at the ruse here to keep a transmission map out of the record:
And that map never did get in — though today I’d raise a stink, well, today I AM raising a stink. Why? Maps of the surrounding transmission system should be included in applications and notices, as proposed by Commission staff because, as we say in transmission, “it’s all connected,” and without a system map, it’s impossible for parties, agencies and landowners to visualize the plan and how the proposed infrastructure fits into the whole. Due to Minnesota’s non-proliferation policy, it’s also important information for notices because it will aid landowners’ assessment of their risk and whether or not to participate in a given docket.
Here’s the map that I’d entered in the 2007 Power Plant Siting Act Annual Hearing to show CapX 2020 Phase I (pink) and subsequent projects (blue), and its relation to the coal plants in queue at that time:

See how it’s all connected? Without that visual aid, it just doesn’t present the full picture!
Goodhue Wind — a project that stinks by any name…
June 20th, 2013
PUC pulls plug on Goodhue Wind project!
‘Bout time this project went down… What a thorny long drawn-out heated and circular discussion, but after a long five years, the Public Utilities Commission said no to Peter Mastic’s New Era and its request for an extension of time to get the project in service and operational. Did I mention this has been a long journey? It took five long years of persistent work on so many fronts, dogged work on the part of so many people! L-O-N-G! I first met with Goodhue Wind Truth and started representing them in late 2008, early 2009.
Just from today I have 12 pages of notes, so here’s the nutshell version, from the two page Revised Decision Options:
- After a protracted discussion, they first voted to DENY Todd Guererro’s Motion for another two weeks to prepare as he was just hired on. Nope, says the Commission, we don’t buy it, New Era f/k/a/ f/k/a has had plenty of time.
- And after an even longer more protracted and circular discussion, the Commission voted UNANIMOUSLY decision options 2 I & J:
- Then came their vote on the Extension Request as a housekeeping matter:
- And then, at the bottom of page 2, adding “August 23, 2013” as the date certain for a response:
DONE!
GOOD RIDDANCE!
Todd Guererro, representing Peter Mastic f/k/a f/k/a, did a valiant job given what he had to work with, a client who didn’t bother to comply with PUC Orders, Information Requests, and laws — he deserves battle pay for taking the hits hurled by the Commissioners, deserved, but he did the best job possible… well, except he apparently didn’t know that the Commission had made the determination that the project was a C-BED project many years ago, that it was not the Commissioner of Commerce.
I kept my trap shut, thinking “less is more.”
IT’S DONE!
IT’S REALLY DONE!
And an interesting sidebar, NSP had its crew there to monitor its interests (Verified Complaint for Declaratory Judgment, and what a delightful Complaint it is!), and I learned that my arch-nemesis Mike Krikava is a horn player, has a big band of reknown, Nova Contemporary Jazz Orchestra (not Les Brown, perhaps Minnesota’s Toshiko Akiyoshi??), and even played with Ed Berger. Mike brought it up, wondering how I knew the “real outside” Ed, but folks, it’s a small, small world… who knew?!?
And that after he ruins his reputation with his “heart-shaped” dot in his signature as noted by at least two of my GWT client’s cohorts:
Kinda skews my view, though the blustery honking of Bari fits him well. It’s sort of like Mark Dayton being a shep nut — I will have higher expectations — we shall see… but if Krikava were a trumpet player, well, that’d be another matter entirely.
In the Rochester Post Bulletin tonight:
PUC commissioner: It’s time to pull the plug on New Era project
Thursday – Goodhue Wind project at PUC
June 17th, 2013
Evidence is mounting that the Goodhue Wind Project, n/k/a New Era Wind Project, f/k/a AWA Goodhue, the little project that could, but assuredly is NOT, the project that has gone from something pretty much “shovel ready” and approved by the Public Utilities Commission to a project with nothing more than a P.O. Box:
… the evidence is indeed mounting that this wind project is going down, down down…
Join us at the Public Utilities Commission, Thursday June 20, 2013 “not to be decided before 10:30 a.m.” but be there early, 9:30 or so, just in case.
First, the Staff Briefing Papers:
And just to make sure we understand, because “New Era” keeps stalling saying they’re trying to get something together for a Power Purchase Agreement, that there is NOTHING WHATSOEVER happening with the PPAs, Xcel Energy filed an action to terminate the PPAs because nothing is happening, Xcel has had enough, DONE:
What a hoot! Read it and chortle! You tell ’em, Xcel! errrr… NSP!







