Legalectric

Over the many years, there have been many “agreements,” and over the many years, time after time, people affected by these “agreements” have come to me for advice, to represent them, as they’re faced with consequences of these agreements. What agreements? The 1994 (Chapter 641) and 2003 (Chapter 11) Prairie Island bills, the
Merger Stipulation Dec 15 1999, the 2005 Transmission Omnibus Bill from Hell (Chapter 97), the e21 Xcel Business Plan pieces dribbling into Omnibus bills 2015 (Chapter 1) and since. Now this:

The two page agreement made public is in that filing. Note the requirements related to this docket and the IRP, to support, to facilitate, to not object to Xcel’s plan. They agree to “supporting the Company’s request to recover the undepreciated balance of the King plant as a regulatory asset through 2037… of the Sherco 3 plant through 2035” [which was just rehabbed and we’re paying for that now]. They agree to Sherco 2 use “on a seasonal basis until its retirement in 2023;” 706.4 GWh of energy efficiency savings annually (not cumulative, methinks?); support of decoupling, support of acquisition of at least 3,00 MW of solar before end of 3020; and support acquisition by bidding process and proposals of build and own.

They’re using this to gain approval of Xcel’s acquisition of the Mankato Energy Center doing an end run around the Integrated Resource Plan, due to be filed any second now.

This first came to my attention when I saw Sierra Club request withdrawal of its comments in the 18-702 docket, regarding Xcel acquisition of the Mankato Energy Center (MEC) gas plant.

What? Withdraw Comments? That’s not possible. Once something is filed, it cannot be deleted. Hmmmmmm, what on earth is it that they want to withdraw? Here ya go, note these are the “public” comments, so some redactions:

Very well done Comments, eh? And note, they’re right in line with the Comments of the Office of the Attorney General – RUD, which concludes:

And in a shorter version, ILSR hits the highlights:

Looking at all of this, I had to weigh in. I’m so tired of these deals that are against the public interest, deals that inflict infrastructure and other harms on unsuspecting people. Unintended consequences? Intended consequences? Reckless actions not caring? It’s not that hard to envision the resulting problems.

Really, I am so tired of these deals that are not in the public interest, and are all about rolling over for Xcel, giving them what they want, and getting a significant kicker for all that “support.” That’s how it’s happened in the past (remember all that funding for pushing transmission and coal gasification?), and odds are it’s no different today.

Remember the signs in so many windows, on so many lawns? How things change…