Legalectric

Yes, World Organization for Landowner Freedom (W.O.L.F.) has been denied intervenor status AGAIN.

First some background:

W.O.L.F. Intervention DENIED, sooooo…

January 22nd, 2024

Motion for Certification of W.O.L.F. Intervention

January 27th, 2024

And that Motion for certification? DENIED!

And worse, the ALJ misconstrues the rules with a not-so-subtle attempt at limiting cross-examination by this “participant” to passing questions through the judge!

Here’s what the ALJ said:

Moreover, the denial of the Petition did not deprive W.O.L.F. the opportunity to participate as a member of the public in the contested case, pursuant to Minn. R. 1400.6200, subp. 5, .7150 (2023), and 1405.0800 (2023), or from informally collaborating with and supporting other parties. Specifically, W.O.L.F. may file offer direct testimony in written form at or following the hearing and may cross-examine witnesses by submitting questions in writing to the Administrative Law Judge to ask them before or during the hearings.

The “submitting questions in writing to the Administrative Law Judge to ask them before or during the hearings” is for those who do not want to speak publicly! Really? Yup… let’s take a look at what the rules say, Minn. R. 1499.6200, Subp. 5, 7150; and Minn. R. 1405.0800, those he cited. First the Power Plant Siting Act rules as this docket falls under Power Plant Siting Act:

1405.0800 PUBLIC PARTICIPATION.

At all hearings conducted pursuant to parts 1405.0200 to 1405.2800, all persons will be allowed and encouraged to participate without the necessity of intervening as parties. Such participation shall include, but not be limited to:

…

C. Questioning all persons testifying. Any person who wishes to cross-examine a witness but who does not want to ask questions orally, may submit questions in writing to the administrative law judge, who will then ask the questions of the witness. Questions may be submitted before or during the hearings.

Another rule cited:

Minn. R. 1400.6200. Subp. 5. Participation by public.

The judge may, in the absence of a petition to intervene, nevertheless hear the testimony and receive exhibits from any person at the hearing, or allow a person to note that person’s appearance, or allow a person to question witnesses, but no person shall become, or be deemed to have become, a party by reason of such participation. Persons offering testimony or exhibits may be questioned by parties to the proceeding.

And finally, Minn. R. 1400.7150, more limiting as it leaves participation to judge’s discretion:

It’s enough work to actively participate in a utility docket at the Public Utilities Commission, but to have to struggle to intervene, it’s contrary to the Commission’s charge:

216E.08 PUBLIC PARTICIPATION.

Oh well… ONWARD!