Legalectric

Kandiyohi burner rears its ugly head again, this time in Rockford, Minnesota. Their Midtown burner project went down in flames not even a year ago, and here they are again.

From a blurb on Current Issues on the City of Rockford site:

Proposed Industry – Biomass Plant

On October 7th the City Council and Planning Commission listened to a presentation from Kandiyohi. Kandiyohi is looking at constructing a wood burning biomass plant south of Highway 55 and west of County Road 32 that was recently annexed. The developer’s presented information about their operations which involves burning waste wood that will generate electricity through a steam process. The project will consist of the development of approximately 7 acres of land. The plant will be required to complete an environmental assessment and apply for an air quality permit. The group has been working together with Wright Hennepin Electric that is also located in the Rockford. Lane Wilson, from Wright Hennepin Electric was present at the meeting and stated that their company is very excited about the prospect of this new business and feels they can work well together to meet the future needs of electricity in the area.

Here’s the minutes from the meeting:

Workshop Meeting of Rockford City Council and Planning Commission

Here’s their powerpoint:

Kandiyohi Presentation – Rockford October 7 2008

… which makes me wonder…

They say that they’ll burn waste wood.

Did they tell the City of Rockford that waste wood produces emissions of formaldehyde, NOx and fine particulates?

Did they tell the City of Rockford that their failed Midtown Eco-burner project would spew nearly 1 million pounds of pollutants in the air?

Did they tell the City of Rockford that there’s enough wood to power the project? (see next section)

They say that Minnesota is one of the best places for biomass, and have a map showing biomass resources.

Did they tell the City of Rockford that there’s enough wood to power the project?

Did they tell the City of Rockford that the Green Institute’s study showed that there is not enough biomass to power a similar burner proposed for St. Paul’s Rock-Tenn facility, that there’s not sufficient wood to go around?

Green Institute Report: A Biomass Fuel Assessment

Did they explain what’s changed since the Green Institute report?

They say it employs established technology.

Did they tell the City of Rockford that the MPCA has only issued one woody biomass permit, for Laurentian (Hibbing and Virginia) and that that permit was violated, so extremely that the MPCA issued fines and reworked the permit?

LEGALECTRIC POST: Laurentian “biomass” Air Permit Draft (second time around)

LEGALECTRIC POST: “Biomass” violates air permit – fines likely

They say that it will replace fossil fuel and nuclear.

Did they tell the City of Rockford what fossil fuel or nuclear power plants would be shut down if theirs is built?

Does the power purchase agreement provide for shutdown of any fossil fuel or nuclear generation?

They say it will expand the City of Rockford’s tax base.

Did they tell the City of Rockford that for the Midtown burner they lobbied for and received an exemption from utility personal property tax?

Minn. Stat. 272.02, Subd. 82.
Biomass electric generation facility; personal property.

(a) Notwithstanding subdivision 9, clause (a), attached machinery and other personal property which is a part of an electric generation facility, including remote boilers that comprise part of the district heating system, generating up to 30 megawatts of installed capacity and that meets the requirements of this subdivision is exempt. At the time of construction, the facility must:

(1) be designed to utilize a minimum 90 percent waste biomass as a fuel;

(2) not be owned by a public utility as defined in section 216B.02, subdivision 4;

(3) be located within a city of the first class and have its primary location at a former garbage transfer station; and

(4) be designed to have capability to provide baseload energy and district heating.

(b) Construction of the facility must be commenced after January 1, 2004, and before January 1, 2008. Property eligible for this exemption does not include electric transmission lines and interconnections or gas pipelines and interconnections appurtenant to the property or the facility.

Did they tell the City of Rockford that their failed Midtown project would not have paid utility personal property tax to the county, city and school district because of this exemption?

Did they tell the City of Rockford that they would NOT seek an exemption from utility personal property tax for this project?

Did they commit to paying utility personal property tax to the county, city and school district?

They tout process steam and district heat potential.

Did they tell the City of Rockford of the infrastructure expense necessary to utilize this steam?

Did they tell the City of Rockford that the St. Paul District Heat plant had steam heat infrastructure in place for much of its St. Paul customer base?

They say there will be no odors.

Did they tell the City of Rockford the basis for that statement?

Did they tell the City of Rockford how many pounds of emissions are expected?

They say regarding the failed Midtown burner project that some in the neighborhood were anti-business and anti-growth.

Did they tell the City of Rockford the basis of the neighborhood’s objections?

LINK: Neighbors Against the Burner

LINK: Minneapolis Residents for Clean Air

Minneapolis Residents for Clean Air – Refutation of Kandiyohi claim that impact of burner equals just 24 cars

They say regarding the failed Midtown burner project that NIMBY caused some local politicians to flip-flop.

Did they tell the City of Rockford the factors upon which local politicians rejected the project?

They say regarding the failed Midtown burner project that Xcel Energy was difficult to negotiate with?

Did they tell the City of Rockford the material terms of their power purchase agreement proposal that Xcel rejected?

They say regarding the failed Midtown burner project that activists exaggerated emissions.

Did they tell the City of Rockford the specific emissions levels projected?

For Midtown Eco-Burner, per air permit application:

NOx 160 tons (320,000 lbs)
SO2 40 tons (80,000 lbs)
Ozone (O3) (not emitted directly)
CO 160 tons (320,000 lbs)
Lead 150 tons (also a “HAP”)
Particles 36 tons (72,000 lbs)
– PM 10 – 65 tons (130,000 lbs)
– PM 2.5

They say regarding the failed Midtown burner project that cumulative impacts were claimed even though the project had low emissions.

Did they tell the City of Rockford of the existing arsenic contamination and other impacts of prior industry suffered by the Phillips community?

Did the tell the City of Rockford of the efforts that led to legislation passed requiring that cumulative impacts be considered?

They say that emissions for this project would be much lower than for District Energy or Hibbing.

Did they tell the City of Rockford the basis for this claim?

Did they provide the City of Rockford the emissions modeling to back up this claim?

They claim multiple options for water use and discharge.

Did they tell the City of Rockford what their plans are?

Do they have plans for water use, cooling and treatment?

Did they disclose the cost of water and treatment if they use the city’s system?

Did they disclose impacts of on-site water intake and discharge?

They claim their project will reduce emissions that may cause climate change.

Did they explain to the City of Rockford how a new power plant with new emissions without a linked closing of any other facility would reduce emissions?

They say they have $75 million in private capital.

Did they explain to the City of Rockford why they have this capital now but did not have it for the Midtown project and relied on public grants and financing?

They say they have a financing package prepared by Piper Jaffray.

Did they provide a pro forma to the City of Rockford?

Did they provide any documentation of this financing package?

LINK: Kandiyohi Request to City of Mpls for Extenstion to Close – Statement that Piper Jaffray financing reference – real estate and financing closing did NOT occur

They claim “project team experience” on a number of projects.

Did they tell the City of Rockford what project partners have what experience?

Did they tell the City of Rockford that Kandiyohi has no experience in successful development, construction or operation of a power plant?

Did they tell the City of Rockford that Kandiyohi has experience only in its failed Midtown burner project?

This project is yet another pig in a poke…

Here’s some information from the last time around, so that the City of Rockford can compare with what they receive:

Midtown Air Permit application – note it took them 3 submissions to get one that the MPCA would accept

Air Permit – Part I

Air Permit – Part 2

Air Permit – Part 3

Air Permit – Part 4

MPCA Documents

Midtown Draft Air Permit

Midtown Technical Support Document

Neighbors Against the Burner & Other Org’s Documents

Petition for Environmental Assessment Worksheet

EAW – Affidavit of Muller in Support of Petition

Green Institute Comments in Support of EAW

David Morris – ILSR – Position on Kandiyohi Midtown & Timeline of Events

Jeff Cook Coyle (formerly Green Institute) letter to Legislators

Petition for Contested Case

Alan Muller Presentation

Muller – Saying NO! to permits for Kandiyohi\’s Midtown Burner

(Air emissions info on slide 22)