Legalectric

Today the Minnesota Court of Appeals issued an Order that was just what I’d been looking for, questioning the Public Utilities Commission’s actions in pushing filing of appeals by intervenors in the AWA Goodhue Wind Project docket.  Here’s the Order:

Order Consolidating Cases and Ordering Memoranda

It seems that our inclusion of the PUC’s letter of September 13, 2011 got their attention, it seems that our explaining that this was why we were filing appeals at this early date (dare I say premature?!?!) got their attention, because the PUC pushed those appeals with this letter, the likes of which I’ve never seen before — READ THIS:

Public Utilities Commission Memo – September 13, 2011

In essence, they threatened us, saying that we’ve got to appeal by September 22, 2011, or we lose our chance to appeal.  So we had best appeal, because if we didn’t and waited until the customary time, within 30 days of their FINAL decision regarding our Reconsideration filings, if we’d waited, we’d be fighting their Motions to toss us out for an “untimely” appeal, missing the date, and we’d be arguing uphill.  And that’s what I love about our spot right now, because we’re in, and the court is looking at it, saying, “HUH? Whatever were they thinking?”

The PUC has the uphill battle now.  I love it when that happens…

Here we go.  By October 11, we get to write a Memorandum with our responses to four questions, just the right four questions that I want them to address:

(a) Is the MPUC required to publish a notice in the State Register of a decision granting a permit to construct an LWECS?

(b) If the answer to (a) is yes, should the time to file a motion for reconsideration within ten days after the decision or order under Minn. Stat. § 14.64 be construed as ten days after notice of the decision is published in the State Register?

(c) Was a timely request for reconsideration filed regarding the MPUC’s decision dated August 23, 2011?

(d) If the answer to (c) is yes, should these consolidated appeals be dismissed as premature, to return jurisdiction to the MPUC to rule on the request for reconsideration?

FYI, I’ve checked the State Register and the PUC has not published notice regarding their AWA Goodhue decision.

ARE WE HAVING FUN YET?!?!?!?!  Could this order get any better???