Legalectric

Blake Wheatley promotes his vaporware project (from Chisago County Press, fair use)

Here’s the latest from the Chisago County Press:

10/22/2009 8:38:00 AM

Hundreds attend LS Power information meeting sponsored by county and Lent Township

BY DENISE MARTIN

Monday night’s informational meeting on the LS Power electric station project began civilly-enough; but as the session stretched into its second hour, peoples’ patience thinned and audience members felt compelled to hoot at some speakers or applaud mightily for others.

Lent Township Hall, an airplane hangar-sized building, was filled to standing room only. Posters were carried by people declaring “stop the power plant” and “we need jobs now.”

The panel of state and local officials walked everybody through the various processes each panel member had regulatory authority over. The public microphone was then opened up for statements, speeches, questions and concerns in the second half of the meeting.

There is no design or site plan available yet for the electric station, which is proposed for an area near County Road 14 and 15, next to the Xcel electric substation.

The Public Utilities Commission has been told to expect a permit application from LS Power in late 2009 or early 2010, according to PUC representative Bob Cupit.

Those attending the meeting were also informed state authorities have “pre-empted” from local authority, the permitting for the LS Power electric station project.

Chisago County Attorney Janet Reiter explained state laws basically require state control over projects needing state permits. The county is a “subdivision” of the state and Reiter added, the county relinquishes siting and permitting tasks for a project like this.

Later in public comment, an anti-power plant organizer Shellene Johnson seemed to support local authorities taking back oversight. She asked Bob Cupit, the Public Utilities Commission official, to expound on ways statutes do indeed allow for a “local siting” procedure.

Cupit said the facility must be operated ONLY as a peaking plant and must use a single source of fuel, for it to qualify under local siting. He was under the preliminary impression the LS Power project did not qualify for this. LS Power proposes a combined fuel plant of natural gas and fuel oil.

Cupit also assured the audience the PUC analysis and review of this plan will be “top end.” Due to the public interest and implications of the project, “no short shrift” will be given to this state review by any PUC regulators, Cupit stressed. LS Power has to demonstrate need for the plant capacity (futures contracts sales, etc.) and show the PUC the project, “is in the interests of Minnesota energy consumers.”

The PUC permitting process can take anywhere from six months to one year, depending on what PUC Board members pursue as a review process. Cupit said law allows for a citizen task force. He anticipates citizens will be asked to contribute during development of the permit evaluations.

If citizens feel the system still failed to consider issues, the decision of the PUC can be appealed to the state Court of Appeals.
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It’s all about this short section of the Chisago Transmission Project.  This is a cropped portion of a map in the DoC’s Environmental Assessment, Map 4 to be precise.

To look at the entire docket, go to:

www.puc.state.mn.us

then to “eDockets” and search for 06-1677

A little light reading:

Taylors Falls & St Croix Falls Permit Amendment Request

Notice of Permit Amendment Request & Comment Period\

And the Comment period ends TODAY!  ENDED!  It’s history…  Some Comments received — in alpha order:

Comment – Neuman Affidavit

Comment – Overland

Comment – Xcel f/k/a NSP

My big question, which OAH couldn’t answer, was whether THE Agreement was filed in that OAH docket way back in 2000,  was it filed in the EQB docket, filed in any docket???

Here we go again!

Once more with feeling, Xcel’s Chisago transmission project rears its ugly head.  This time, Xcel, f/k/a NSP, has violated the terms of the agreement between itself and the cities of Taylors Falls and St. Croix Falls.  It centers on the location of the end of the undergrounding near the St. Croix River.  Xcel is coming up quite a bit sooner than their specific agreement says they would, and Taylors Falls is not happy.  St. Croix Falls has joined in on their objection.  They’ve been going back and forth about this for a while, and now Taylors Falls has asked the PUC to amend the permit.

Notice of Permit Amendment Request & Comment Period

Taylors Falls & St Croix Falls Permit Amendment Request

And they’re soliciting Public Comments!  From the Notice:

The permit amendment request is scheduled to be heard at the Commission’s June 11, 2009, Agenda Meeting. The Commission is providing until June 02, 2009, for interested persons to comment on the issue. Please submit comments to be received before 4:30 p.m. on that date to:

David Birkholz, Project Manager
Office of Energy Security
85 7th Place E, Suite 500
St. Paul, MN 55101-2198

or by email:  <David.Birkholz@state.mn.us>

Attached to the Notice are the rules regarding amendments, and notice is to be provided to the project list.  I haven’t received it.  Hmmmmmmm… and I’ve even been to the P.O. Box lately!

Something else — on April 14, 2009, Burl Haar at the PUC signed a letter saying that Xcel had filed their Plan and they were in compliance with the permit.  That’s April 14, and attached is a memo from David Birkholz, MOES staff, dated April 10, 2009.

It looks to me like they weren’t reading my blog dated April 4, 2009:

Xcel — Undergrounding in Taylors Falls

“In compliance” my fat ass…

This was an issue in March, with correspondence dating from mid-March, and we know there was a lot of fighting going on before that.  So the MOES memo says they’re in compliance with the permit…

Hello – the agreement?  That was Exhibit 218, entered by moi into the record, offered and accepted in Transcript Vol. 1B, pages 82-83.

Deal – NSP – Taylors Falls – St. Croix Falls

This bru-ha-ha was brewing before Xcel submitted its “compliance filing,” and before Birkholz and Harr signed the “go ahead” approval.  So either David Birkholz, MOES and Burl Haar, PUC are sleeping at the switch, or Xcel made a material omission in its filings, or more likely, BOTH!  But hey, what’s an agreement between the state’s largest utility and two Minnesota cities?

The Chisago natural gas plant, dubbed “Sunrise River Energy,” finally made the news in Minnesota.   Could it be any larger?  “What do we need this for,” you may ask.  It’s simple, we DON’T, it’s for export.  Note their threat to move to Wisconsin if they don’t get what they want, and Rep. Kalin and Sen. Olseen buy into that and cave, giving them an exemption without letting the local governments who would lose tax revenue a heads up about it.   Here’s the whole thing from the STrib — sorry it took so long to post this, I’ve been on the road and mired in moving stuff:

855-megawatt power plant planned

A bill now before Gov. Tim Pawlenty would provide tax breaks for the $300 million gas-fired plant in Chisago County.

By MATT McKINNEY, Star Tribune

Last update: May 13, 2009 – 9:30 PM

One of the largest power plants in the state would rise in the township of Lent in Chisago County via a bill that on Wednesday went before Gov. Tim Pawlenty for his signature.

The $300 million Sunrise River Energy station, an 855-megawatt natural gas-fired plant, would open by 2013 pending regulatory approvals, according to the company that would build it, LS Power, a private utility with offices in New Jersey and Missouri.
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How much can we take???  As if the Chisago Project wasn’t enough… here we go again…

The upcoming MISO list of transmission projects proposed has the following three items of interest to those in the Chisago area:

• Builds 345 kV circuit from Sherbourne County Station to Chisago County Station in Minnesota

• Builds 345 kV circuit from Hampton Corner Station to Chisago County Station in Minnesota

• Build 345 kV circuit from Chisago County Station in Minnesota to Longwood Station in Wisconsin

Here’s the short version:

Yellow-highlighted Chisago Projects to come

AAAAAAAAAAAGH!  I’ve got this tune floating through my brain… the hook line, “how can a poor man stand such times and live…”

Thanks to the little eagle-eyed birdie who sent this.