Legalectric

Great, just great. “About” a million gallons of Minnesota Power’s Boswell coal plant’s coal ash wastewater dumped into Blackwater Lake (appropriate name!), a pond connected to the Mississippi River, a pond where the plant’s cooling water is drawn from, and also a pond where people fish!

The good news is that MP didn’t do an Xcel and wait for MONTHS to disclose. It appears that MP got on the horn almost instantly after the spill was discovered and reported it.

There’s supposedly a press release, but it’s not posted on their “Press Release” page, so I asked about it. MP did get back to me and shared its statement — THANK YOU!

From KAXE:

1M gallons of coal ash wastewater spilled at Cohasset coal plant

Here’s what the STrib has to say:

One million gallons of coal ash wastewater spill at Minnesota Power coal plant

The Duluth-based electric utility said an unknown amount of polluted water had reached a nearby lake after a pipe leaked. 

By Walker Orenstein and Chloe Johnson Star Tribune

July 17, 2024 — 9:39am

Minnesota Power said about 1 million gallons of coal ash wastewater spilled at its large coal plant in Cohasset, Minn., pouring out over land with at least some reaching nearby Blackwater Lake.

The Duluth-based electric utility said in a news release that a pipeline leaked on Tuesday at the Boswell Energy Center that transfers wastewater from a pond containing the byproducts of coal combustion to the plant where it is used as process water.

Minnesota Power said the leak has been contained and the company is monitoring for potential impacts to water and wildlife, and also notified the Minnesota Pollution Control Agency and the Environmental Protection Agency.

MPCA is investigating the spill, spokeswoman Andrea Cournoyer said in a statement.

According to a report to the State Duty Officer, the spill was originally discovered at 11:15 a.m. Tuesday. The report was made 15 minutes later, and Minnesota Power said a “loss of pump pressure” caused the spill.

Coal ash contains pollutants including mercury, cadmium and arsenic, which can pollute water and air if not properly managed, according to the EPA.

The 674-acre Blackwater Lake is a reservoir on the Mississippi River, according to the state Department of Natural Resources. Lake levels are controlled by the Pokegama Dam operated by the U.S. Army Corps of Engineers.

It’s still unclear how far the material may have spread, or how long the pipeline was leaking. Walter Shadley, Cohasset’s public works and utility supervisor, said the town does not draw its drinking water from the Mississippi.

Minnesota Power draws water from the lake to cool its plant and releases heated water. The DNR describes the lake as “essentially a flooded river channel.” A bay where the DNR said the coal plant discharges heated water attracts fish and is popular with anglers, according to the agency.

The Boswell plant is Minnesota Power’s largest electricity source. Its two operating coal-fired units are capable of producing 932 megawatts of electricity. One unit at the plant is scheduled to retire in 2030, and the second is slated to close in 2035 as the utility transitions to carbon-free power to meet its climate goals and state regulations for a carbon-free grid by 2040.

Who cares about the Minnesota Public Utilities Commission’s eDockets system? We all should care! It’s the best way to keep up with what’s going on in the docket, what others are filing, what issues are being raised, what’s the status, and to track all NOTICES, which will tell you of hearings, comment windows, orders, and pay particular attention to those from PUC, OAH (Office of Administrative Hearings), and EERA and DER (Commerce). Also look for comments from individuals and note their concerns.

How to get to eDockets? First go to the PUC’s Main Page (see above) at https://mn.gov/puc then click “eDockets” and you get this and click “eDockets” again:

Then you’ll get to this screen:

At “Docket number -Select” scroll to “22” (the year) and at “Number” enter “131” for Certificate of Need, or “132” for Route docket (and for other dockets, same routine, enter the year and docket number, and there you are!). And for sure look at both. Then click “Search.” (when there are multiple dockets, as with the MN Energy CON, be sure to check both dockets, one at a time). This works for any docket, like the 800MW RFP docket, E002/CN-23-212, plug in year “23” and Number “212” and there you go! Spend some time playing with it to get acquainted, it’ll become second nature soon.

When you get to the docket, as below, click on the far left link in a row to get that filing in that row. Do it a few times, and it’ll be quick and easy! If in active for a while, it will boot you out and you get to start over.

Also, “subscribing” is important to keep up to date on what’s being filed. When there are multiple dockets, be sure to subscribe to both!

To subscribe, when you get to the docket, note the column for Subscription and boxes, as in lower right here:

Click one of the boxes in that subscribe column, any one (above on lower left), and then click the link above “Subscribe” and you’ll go to this screen:

Enter your email address, and for “Type of Subscription” enter “docket” and then you’ll have to enter the docket(s), and then “Add to List.” You’ll get a confirmation email, click and confirm, and there you are!!

When you get emails about the docket, it will have the docket number, and as they come in, pay particular attention to Notices, as there will be dates that are important, meeting/hearing dates, deadlines for comment, etc.

Now, get to it. LOTS of reading, and as you go, you’ll get familiar with it and the process. IT WILL GET EASIER!!

Now for the fun part — FILING IN eDOCKETS! Why file in eDockets? When you file in eDockets, you know what you’ve submitted has been received and is part of the record, and so others can know what your concerns are — it’s SO important to know you’re not alone in this!

To file, first you have to register. In that first eDockets screen go to upper left corner:

Where it says “eFiling”, register by clicking on “Request Registration.” You’ll get this screen:

Fill it all out, click for electronic service — Do not get into paper in these dockets, it is a royal pain, and sending out paper copies to everyone is EXPENSIVE. Click “Submit” and you’ll get confirmation email, confirm, and you’re all set.

To eFile after you’ve registered, click “eFiling Home/Log In” and follow the directions.

WHEN THERE ARE MULTIPLE DOCKETS, BE SURE TO FILE IN BOTH! For the MN ENergy Connection, be sure to write “route” comments with those on-the-ground issues you know best because you’re right there, and also be sure to write comments on “need” because that’s the overarching issue — if the Commission determines it is not needed, it won’t be built — and if it IS deemed needed, it’s a matter of where, and routing is an ugly mess and can devolve into a “STICK IT THERE” struggle. Always address the (lack of) need issues, as that’s the only real way to stop a project.

If you need help on eFiling, contact the Commission’s Public Advisor Charley Bruce — charley.bruce@state.mn.us

Once you take the time to sign up, and get familiar with it, you’ll see how easy it is to keep up with what’s going on, and how easy it is to eFile — and last minute!! So easy, I’d be lost but for eDockets and eFiling, you have no idea how awful it was to make paper copies of all filings, and mail them to everyone, whew, it was beyond difficult, and so expensive. Now, it’s a “work from home” easy-peasy process, the best ever change in PUC process, and pretty much everywhere across the country, in administrative proceedings like this, and in most every court system too. Participating, practice, was so much harder before.

If you want to learn how to navigate the PUC’s eDockets system:

MN PUC – How To eDockets

I’m working on an overview of “need” for the “MN Energy CONnection” transmission project, Xcel’s latest effort of shifting costs of preserving “valuable interconnection rights” at the Sherco coal plants’ substation. They’ve come up with a plan to run a radial line, yes, RADIAL, from Lyon County up to Sherco, 160-180 miles, AT A COST OF $1.14 BILLION! It’s a brilliant idea, gotta admit… Xcel is the GOAT at planning, BUT it’s such a scam. I do hope we can change the trajectory, get the focus on Xcel, and not be dumping this on the backs of ratepayers and landowners.

Ahhhhh… Xcel’s MN Energy CONnection… In the midst of extreme weather events, I spent time over the last two weeks, seven meetings over four days, for scoping of the Environmental Impact Statement for this project. Here’s the Notice:

Yesterday in Monticello, MN, it was up to 54 degrees! At each of the seven meetings, at least two people waxed histrionically that climate change was not real. How can this be? Granted, 54 degrees and El Nino is “weather” but we all know of the weather extremes, drought, intense storms, that are obvious signs of climate change. Even insurance companies, due to weather extremes, our home insurance doubled (!), and the company said they were doing that for all Minnesota customers (Minnesota focused because we’re in Minnesota!). In Florida, insurance companies are refusing to offer coverage, California too. That article has this pie chart from insurance industry:

Granted, it’s focused on perception of when your “home” will be affected, and not LIFE, but according to the insurance industry, so many say “no effect” and I’ve heard enough denial of climate change lately to think that the pie chart is credible. Insurance companies make money on their gambles, and if you’re insuring anything, you’re betting against the house.

Sherco 3 IS closing. Xcel wants to build this transmission below, and have ratepayers and landowners pay for it. The purpose of this is to preserve Xcel’s “valuable transmission interconnection rights” at Sherco.

I don’t think so…

FYI: MN PUC – How To eDockets

The last two weeks have been scoping meetings for the Environmental Impact Statement for the “MN Energy CONnection.” Per Xcel’s site, “You can read the Certificate of Need filing here and the Route Permit application here.” I don’t see the word “REVISED” on this…

Here’s the REVISED Certificate of Need application:

And here’s the Route Application:

Route-Application App C are the maps — TOO LARGE — see eDockets

So many people getting notice of the “MN Energy CONnection” transmission line have CapX 2020 in their yard, and they are PISSED! It was standing room only last night in Litchfield, 100 of my flyers gone and folks were still filing in. Again this morning in Monticello, over 100 again:

Several this morning brought up EMF and the magnetic fields. The magnetic fields from the “REVISED” application are cause for concern — look at their modeling levels shown for the edge of the Right of Way:

Anyway, there’s a lot tocomment about, things that should be included in the EIS. But now’s not the time to write. More later.

Here we go for another round — a Motion for Certification to the Public Utilities Commission:

Minn. R. 1400.7600 CERTIFICATION OF MOTIONS TO AGENCY.

https://www.revisor.mn.gov/rules/1400.7600/… Any party may request that a pending motion or a motion decided adversely to that party by the judge before or during the course of the hearing, other than rulings on the admissibility of evidence or interpretations of parts 1400.5100 to 1400.8400, be certified by the judge to the agency…

https://www.revisor.mn.gov/rules/1400.7600/

We’re asking that the Public Utilities Commission take up the matter of World Organization for Landowner Freedom’s Intervention:

Included after the Motion, but here separately:

It’s just so offensive. This matter matters (!), and W.O.L.F. is the only one in there objecting and requesting Intervention. Why this Motion? Why ask for Certification to the Public Utilities Commission to consider and decide? Well, in a nutshell:

Why?? Because of the ALJ’s denial of W.O.L.F.’s intervention based on a false statement regarding W.O.L.F.’s “only” contribution, and conflation of two different conditions in the original Arrowhead-Weston Transmission Line Exemption Order, that of the noise condition and the necessity of noise reduction measures to comply with Minnesota’s noise standard (Minn. R. 7030.0040) with an 800 MVA transformer limitation of capacity to assure the line isn’t for bulk power transfer! I have an urge to do a Data Practices Act Request and have the EQB’s Arrowhead Transmission Project record sent to his office!

This same Administrative Law Judge threatened the “Union Intervenors” with unauthorized practice of law… veiled threat? No, it’s overt. He had to take the action of looking beyond the OAH Rules to find Minn. Stat. § 481.02 and Minn. Stat. § 481.02, subd. 3(5) (2022), and to say:

In short, while the Judge does not intend to manage the practice of law in this matter, parties should be aware that potential issues could arise for non-lawyers who are not statutorily exempted from the general prohibition of non-lawyer practice of law in Minn. Stat. § 481.02. The Lawyers Professional Responsibility Board may be a resource for more information on this topic.

Really, that’s a quote — and no, it’s not a “helpful cautionary warning” — check this footnote:

OH. MY. DOG! That’s just too bizarre.

• Looking up a name on MARS attorney registration site takes a matter of seconds — “does not know” when it’s that easy to find out? Give me a break…
• But that’s not an issue. Runke and Kolodzieski have not held themselves out as attorneys, to my knowledge.
• But more importantly, non-attorneys are welcome to practice in hearings before Office of Administrative Hearings (OAH). See the Power Plant Siting Act rules, Minn. R. 1405.0600, and also Minn. R. 1400.5800. This is something a Judge at the Office of Administrative Hearings frequently presiding over utility dockets should know. There’s no excuse for threats like that, bandying about “unauthorized practice law.” This is not “court” and the OAH rules expressly provide for non-attorney representation.

I’ve run short of printable words, though I did quick hammer out this objection, and copied the Chief Judge:

This is all so contrary to the Public Utilities Commission’s charge to encourage public participation:

216E.08 PUBLIC PARTICIPATION.

Subd. 2. Other public participation.

The commission shall adopt broad spectrum citizen participation as a principal of operation. The form of public participation shall not be limited to public hearings and advisory task forces and shall be consistent with the commission’s rules and guidelines as provided for in section 216E.16.