Legalectric

So what the hell is a “procedural reconsideration?” Today the PUC had the never-ending (until May 1, 2009) saga of Excelsior Energy’s Mesaba Project. The issue? Yet another Motion to Reconsider from Excelsior Energy, they don’t want to take NO for an answer.

November 25, 2008 Staff Briefing Papers

The PUC staff recommended reaching the hand toward the life-support plug, but not yanking it with a final decision:

Staff acknowledges the comments of Minnesota Power requesting the clarification of whether the Commission’s approval or denial of Excelsior’s petition for reconsideration at this time constitutes a final decision for purposes of appellate review. In the alternative, the Commission will not enter a final decision until May 1, 2009, the deadline for negotiations. As such, Staff believes that the most judicially efficient course would be for the Commission to grant the petition for reconsideration for procedural reasons and hold further consideration in abeyance until after May 1, 2009.

Briefing papers, p. 13. And so they voted unanimously for alternative 1:

Grant the petition for reconsideration and rehearing for procedural reasons and hold further consideration in abeyance until after May 1, 2009.

For the whole Excelsior Energy saga, GO HERE and search for Docket 05-1993. And if that’s not enough, search also for 06-668!

So we’re still holding… zzzzzzzzzzzzzzzz