Legalectric

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Red Wing has a email newsletter now, and it’s most helpful.  Here’s the poop on the upcoming elections, which is BIG news here, what with a bunch of resignations from City Council.  Cut and pasted from the RW “City Beat” newsletter:

This is your time. You can do this.

Interested candidates

must file between

May 22 – June 5, 2018

Today was the deadline for filing Exceptions to the Administrative Law Judge’s Recommendation for Line 3 Certificate of Need and Route.  Here’s the ALJ’s Recommendation:

Findings of Fact, Conclusions of Law, and Recommendation

I quick filed an Exception on behalf of Association of Freeborn County Landowners, objecting to inclusion and objecting to any consideration of “System Alternative 04” or SA-04, because no notice was given to landowners in Freeborn County, and well, to any of the landowners along SA-04.

Association of Freeborn County Landowners_ Exceptions to Findings of Fact, Conclusions of Law and Recommendation of ALJ

Friends of the Headwaters proposed SA-04, the only “System Alternative” proposed in the Certificate of Need proceeding.  … sigh…. foisting it elsewhere is not a good strategy.  Search their Exceptions for more info on their rationale – do a search for “SA-04” of this filing:

20185-142900-04_Exceptions – Friends Of The Headwaters

Are there others advocating for AS-04?  Looking… it’ll take a bit.

System Alternative SA-04 is noted 139 times in the ALJ’s Recommendation, and is first mentioned on p. 24:

And the Public Utilities Commission accepted it for further evaluation, but no notice was provided:

But no meetings in the area — and still no notice:

… sigh… on it goes…

And regarding the DNR’s take on SA-04 (will find DNR comment):

Here are all the other references to SA-04 in order — the ALJ does reject it, saying it is not a viable alternative:

And then the ALJ considers comments:

The DNR comments are troubling:

Here’s the actual DNR Comment:

201711-137640-01_DNR’s  Comment (SA-04)

The DNR said about SA-04:

And back to the ALJ’s mentions of SA-04:

Update on Bent Tree.  Filed earlier, Notice of Settlement Agreements:

FILED_Bent+Tree+WPL+Settlement+Agr+-+Hagen

FILED_Bent+Tree+WPL+Settlement+Agr+-+Langrud

And today:

20185-142656-01_Settlement Specific Comments

And yesterday from EERA-Commerce:

20184-142562-01_EERA_Commerce_Comments

As for process going forward, Commerce recommends:

From WPL yesterday:

20184-142555-01_WPL_Response Order Show Cause

Next up – Public Utilities Commission meeting, the sooner the better.

Northern Metals was violating its MPCA permit, it also lit on fire.  Ultimately, it was run out of town.

So now it goes to Becker.  How will it NOT violate its permit there?  Oh, right, MPCA will be so lax about it that violation would be a logical, legal, and physical impossibility.

From today’s EQB Monitor:

Project Title: Northern Metals, LLC – Becker

Comment Deadline: May 18, 2018

Project Description: Northern Metals, LLC plans to construct a scrap metal recycling center in the general industrial area in the City of Becker. The Project consists of an enclosed metal shredder, an enclosed metal recovery plant, an end of life vehicle process, and a Community Recycling Center (CRC). The Minnesota Pollution Control Agency will host a public meeting on the proposed expansion of the Northern Metals, LLC – Becker project May 10, 2018, at the Becker Community Center located at 11500 Sherburne Avenue, Becker, MN. The event will begin with an informal open house from 6:00 to 6:30, followed by a presentation from the MPCA and a question and answer session. The MPCA will provide information about the draft air emissions permit and the environmental assessment worksheet (EAW). A copy of the Notice of Availability and the EAW can be found on the MPCA website at the following address: https://www.pca.state.mn.us/eaw [per Kevin Kain, it’ll be posted afternoon 4/16/2018] Minn. R. 4410.100 subp. 1.D.

Responsible Governmental Unit (RGU): Minnesota Pollution Control Agency

RGU Contact Person:
Kevin Kain
520 Lafayette Rd N
St. Paul, MN 55155
651-757-2482
kevin.kain@state.mn.us