Legalectric

(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.

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Really, this is their “site plan”

Remember LS Power’s proposal to build an 855MW gas plant by the Chisago County substation?  And Xcel’s Mikey Bull’s statement that Xcel isn’t going to be needing this power and isn’t going to be needing any power for a while?  There’s no Power Purchase Agreement in sight, no Certificate of Need application or Site Permit application to the PUC, but they do have a legislatively mandated utility personal property tax exemption thanks to Rep. Jeremy Kalin and Sen. Rick Olseen, and they do have a Development Agreement thanks to Lent Township and Chisago County, though they’ve yet to sign the Chisago County one…

And now they’ve got a lawsuit on their hands:

CRVC -Summons and Complaint

This was filed June 30 in Chisago County — Chisago County, Lent Townshiip and Sunrise River Energy, LLC have 20 days to file their Answer.

It’s my old neighborhood, and I just had to put my $0.02 in:

Overland Comments – Hiawatha DEIS

Exhibit A – NM-SPG – July 24, 2008

Exhibit B – NSP Petition for CFSR

Exhibit C – NSP/Taylors Falls/St. Croix Falls Agreement

Exhibit D – Chisago County Resolution re: Facilities Surcharge Rider

Exhibit E – Comments of Power Line Task Force – Docket 99-799

Exhibit F – Conductor Specs – from PUC Docket 01-1958, Ex 35 Application, Appendix 7

Exhibit G – Edison Institute – Transmission Property Values Report

Exhibits D and E, oh my, time flies… I’d completely forgotten about those.  And the utilities keep singing the same old tired songs…

It’s nice to win sometimes, even in absentia…

Tonight the Chisago County Board of Commissioners, on a 3-2 vote, voted NOT to approve their proposed Development Agreement with LS Power for an 855MW (give or take a few hundred, depending on their mood, what they ate for lunch, whatever) natural gas electric generating plant.  Like WOW!

Congratulations to Concerned River Valley Citizens for a job well done, and thanks to Tom Dunnwald who filled in for me tonight, but this is no time to let up — the work’s not over — there’s still the matter of the need for an Overlay Essential Services Ordinance that addresses generating plants and whatever other noxious infrastructure somebody might come up with.

This LS Power mess is the PROCEEDING that Concerned River Valley Citizens intervened in, under the Minnesota Environmental Rights Act, and were shut out by the County Attorney, Janet Reider (bad idea), and we just filed another Notice of Intervention yesterday or today.

There were some interesting comments, like “we’ve done the best we can in the time we had” indicating some sort of train schedule that has now been derailed.  They tried to prevent attorneys from speaking, and the worst of that came from Commissioner Ben Montzka, who is an attorney himself!  He should know better…

In the packet for tonight’s meeting:

Development Agreement

Host Fee Agreement

Host Fee Allocation Agreement

It’s all on video, so we’ll have that soon.  I can’t wait to see the snippets on YouTube!

Here’s from KARE 11:

(it’s not up yet)

More later

From ECM article…

On Monday, citizens of Lent Township organized a Special Meeting, as allowed under statute, and told the Town Board what they thought of LS Power’s Sunrise River Energy Station.  The hands raised you see in the photo is the vote telling the board that they should not approve a development agreement with LS Power.

The people say NO, but the township, the following day, went ahead and approved the Development Agreement:

Power Plant Gets Township Approval

And a view from the trenches:

We the PEOPLE – found in the Fish Lake Karpa

And here’s the report from the Post Review:

Citizens’ vote was to nix power plant

By MaryHelen Swanson

There were a few empty chairs, but if those standing at the back of the room had all wanted to sit, the attendance would still be considered “standing room only.”

lent meeting1.jpgThat was the scene at Lent Town Hall Monday night as a special citizen-petitioned meeting got underway.

The folks were divided by Lent residency and non-residency.

There were separate sign-in sheets and designated seating areas.

Called to order by Lent Township Clerk Laura LeVasseur, it soon became the people’s meeting when they elected Mark Koran moderator.

First order of business was the Pledge of Allegiance.

With the agenda adopted, resident Dave Milles introduced a resolution which was adopted by the people with no audible nays.

Milles went on to read the resolution.

It noted three things that were expected to happen that night:
• openly and publicly review and discuss the final draft of the development agreement by and among Lent Township and Sunrise River Energy, LLC (also known as LS Power) prior to any official vote of the Lent Township board to approve and/or sign the development agreement;

• to present and vote on a resolution requiring a public referendum on the question of approval or disapproval of any development agreement by the township and energy group prior to any official vote of the Lent township board to approve and/or sign the development agreement;

• and to present and vote on a resolution requiring Lent Township board to comply with the results of the referendum when taking any action or vote to approve and or sign the development agreement.

All of the above was accomplished Monday night.
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