Legalectric

MAPP then… and MAPP now:

Good news on the Mid-Atlantic Power Pathway front — another continuance granted!

October 5, 2010 Order Granting Continuance

This Order gives the parties until November 30, 2010 to report in on whether a Status Conference is necessary.

Mid-Atlantic Power Pathway is a 500kV transmission line proposed for Maryland and Delaware (the New Jersey part has gone the way of the brontosaurus.  Apparently there’s a delay in the Application (well of course, delay’s appropriate and expected when something isn’t needed!).   A little birdie told me that Pepco Holdings (PHI) will probably file their updated Application for the Maryland CPCN in November, if PJM gets their act together.  The part in Maryland is a revised southern Maryland segment, the undergrounded Bay crossing and the eastern shore to the Delaware state line.

A significant part of this line will be undergrounded.

(really, that’s their “site plan” — how informative!!)

It’s in the news, Concerned River Valley Citizens’ suit against LS Power, Lent Township and Chisago County had a hearing last week.   Short version:

Judge Hoffman said he wanted to be armed with sufficient information to make a decision. He asked for just one thing – a written transcript of the legislative discussion that preceded the adoption of the legislation regarding the tax exemption in 2009, specifically subdivision 92 pertaining to the obtaining of the development agreement.

He asked the attorneys to write a letter to the court when it is provided and then he will make his decision.

The judge believed this information is important and he can’t be obligated to make a decision until he knows what the legislation said about approval of a development agreement “before” the start of construction.

Most committee meetings now are available online, and the legislative library provides tapes.  One problem is that the legislative intent is rarely conveyed in the committee meetings, and all the behind the scenes doings aren’t going to see the light of day.

The statutory section at issue – Minn. Stat. 272.02, Subd. 92.

Here’s the Summons and Complaint from last June:

CRVC -Summons and Complaint

For more info, go to www.stopsunriseriverplant.com

From ECM Post Review:

Judge asks for one thing in power plant civil case

Wednesday, 06 October 2010

By MaryHelen Swanson

In courtroom 202, Tenth Judicial District Judge John C. Hoffman heard from attorney Douglas Sauter of Barna, Guzy & Steffen, Ltd., representing the CRVC and Carlson, and three attorneys representing Chisago County, Lent Township and LS Power (Sunrise River Energy) respectively.

The CRVC and Carlson have filed a civil lawsuit against the three entities named above in connection with the siting of an electric generating power plant in Lent Township.

The attorney for Chisago County, separately retained, explained to the judge the proposal by LS Power and the coalition’s argument that there is no pre-emption to county zoning ordinance. The county’s attorney says there is pre-emption.

The attorney showed the judge the legislation enacted in 2009 that required a development agreement and host agreement before tax exempt status is granted.

The attorney said in his opinion, the county, as well as Lent Township, did nothing wrong, it was what they needed to do.

The CRVC and attorney believe that the cart has been put before the horse and argues that the sequence of events is wrong.

Attorney Sauter provided Judge Hoffman with background on the proposal, which has LS Power constructing a 780 MW natural gas-fired electric generating plant on 40 acres in Lent Township, property adjacent to the substation off County Road 14.

Giving details of the LS Power proposed project, Sauter told the judge the presence of such a large plant would destroy the nature of the community and Carlson’s ability to sell high end lots in his nearby development.

The process, he stressed, is important.

Read the rest of this entry »

But wait… it’s already here!

Just in from Bob Cupit, from the Upper Midwest Transmission Development Initiative:

UMTDI Summary Report

Here’s the initial idea:

The RGOS first-mover subset located within the UMTDI states’ footprint is:

• Big Stone, SD to Brookings, SD 345kV – estimated cost of $150 million.
• Brookings, SD to Twin Cities, MN 345kV – estimated cost of $700 million.
• Lakefield Junction, MN to Mitchell County, IA operated at 345kV but constructed at 765kV specifications to allow full upgrading and operation at 765kV in the future – estimated cost of $600 million.
• North La Crosse, WI to North Madison, WI and Dubuque, IA to Spring Green, WI to Cardinal, WI 345kV – estimated cost of $811 million.
• Sheldon, IA to Webster, IA to Hazleton, IA 345kV – estimated cost of $458 million.

In addition to the proposed transmission projects above, the Midwest ISO’s Midwest Transmission Expansion Plan (MTEP) for 2011 identifies the following transmission project as an initial candidate for regional cost sharing because of its regional benefits.
• Ellendale, ND to Big Stone, SD 345 kV – estimated cost of $275 million.

OK, folks, do any of these lines look familiar?  Why is the CapX 2020 Brookings SD to Twin Cities MN 345kV line on this list?  Why is the CapX/ATC North LaCrosse, WI to North Madison, WI on this list?  Hmmmmmmmmmm…yet they say this:

Although UMTDI actively engaged in the identification of possible renewable resource areas and potential transmission corridors, this should not be taken as expression of support for particular routes, particular projects, particular voltages, or appropriate levels of spending in any state proceeding. Those decisions remain for a future day, when specific projects might be proposed. However, the Executive Committee sees great value in affirming its support for coordinated state efforts on these multi-state projects, and its general support for these corridors, which appear to have value in all identified reasonable futures.

Um… hello, they’re listing specific proposed projects.

Of course it’s all connected, how stupid do they think we are?  Well, pretty damn stupid, look what they’re recommending, cost-sharing to shift the cost across MISO:

A key, unresolved issue for construction of projects of this magnitude is cost sharing. The criteria in the Midwest ISO’s recent tariff filing at FERC, as well as other activities ongoing at the Midwest ISO, indicate that these first-mover projects would likely all qualify for cost allocation treatment. This designation would mean that all energy users in the Midwest ISO’s footprint would share the costs of these “no regrets” lines. FERC has not approved this rate treatment, however, and it is likely that FERC will receive a number of comments and objections to the Midwest ISO’s tariff proposal. While the UMTDI Executive Committee has not taken a position on the Midwest ISO’s cost allocation filing, it is safe to say that the absence of cost sharing would make construction of EHV transmission lines in these corridors very difficult.

And PJM too:

The total cost for these first-mover lines is approximately $5.8 billion with $1.4 billion being funded by customers in PJM, the Midwest ISO’s neighboring independent system operator to the east.

And because they know this isn’t needed or wanted, they’re frantically trying to find a way to circumvent state authority — how about a multi-state regulatory body to site transmission… or direction to the states from FERC to act:

States Together

Interstate Compacts At the highest levels, all five states have the power to create a compact, with the consent of Congress, to establish a common agreement on how to develop the UMTDI Project. Minnesota and Wisconsin provide specific powers to their respective governors to enter compacts involving transmission lines. Congress has specifically contemplated the compact mechanism by authorizing three or more states to form a compact, subject to Congressional approval to “facilitate siting of future electric energy transmission facilities.” Sec. 216(i) of the Federal Power Act (FPA), 16 U.S.C. § 824p. Another FPA provision, little used § 209, authorizes the FERC to delegate any subject matter in its jurisdiction to a group of states, offering another potential avenue of federal approval for joint state action on transmission siting and cost allocation.

…”little used § 209″… how perverted can we get?  Perhaps there’s a reason why a state PUC would be reluctant to permit projects like this?!?!?!?

Alan noticed that I haven’t posted photos of our new grrrrrrrl.   Can that be?  We got her just over a month ago, and she’s not at all what I expected, we weren’t looking for a dog, and I was glad to only have one, and an easy one at that.    Kady is just the best doggy around.  But when I took a dog down to Dog Days of Stockholm, well, there she was, head on my shoulder the whole way and how could I bring a dog like that back to the shelter?  Sadie, that’s her name from the shelter, and with Kady it gets confusing.   She’s small, mostly black/chocolate lab, just 50 lbs, and 50 lbs of solid muscle.  At 10 months now, won’t get much bigger.

She eats everything, but especially toilet paper, full rolls, and electrical cords plugged in, shoes, and one of the couches, and has helped us pull up the “Kenya” rug in the living and dining room.  Oh, and she ate a library book.  Not good.  Other than that, she is a delight, and keeps us hopping.

Here are a couple from my phone, sitting on the “poop deck” at my office door,  and in the office, they don’t convey her spirit at all…  More to follow — I got a new camera after having lost the other one I’ve had for so long… though it might be in the boat, or Washington, or left at the PUC or some meeting or other…

She’s “the BLOB” based on the extensive previous and extensive older shep with new lab mix experiences of our dear friend Sierra on Doggyspace!

Hot off the press… er… just in on the wire… errrr, wireless!

northfield.org has a great overview!

Cannon River flood news roundups and updates

And the missive hot off the press?

Cleanup is ongoing in Northfield today

Looking Forward: Volunteers Needed!
If you are willing to be called on to help with the clean up effort in the next 2 to 4 weeks, please register to help at http://northfield.org/flood . You will be contacted to help out as needed.

Griff Wigley’s phenomenal album of flood photos here

Check this out, I’ve not seen this before in any of the million photos of flood sandbagging, look at this utterly brilliant ladder and cone sandbag technique– only in Northfield (photos stolen from Griff – Fair Use and Full Attribution!!!):