DNR’s Motion to Quash DENIED!

February 17th, 2018

The DNR changed its logo to the same boring one all MN agencies now use, UGH!

The DNR, after agreeing to a time certain for staff to testified, filed a Motion to Quash!!

DNR-Motion Packet

WHAT?  So I filed a response:

Response_DNR_Motion to Quash_FINAL

And the Administrative Law Judge told the DNR what they could do with their Motion:

Order_DNR Quash_20182-140121-01

And the meat of it:

Yeah… delightful… Now, can we get at why it is that the DNR, Dept. of Health, and Commerce do not want to testify in this docket?  Hmmmmm…

Yes, it’s that time of year again, and today’s the deadline for Comments for the Power Plant Siting Act Annual Hearing:

PPSA_Overland Comment FINAL

And there ya have it.  Until next year…

Freeborn Wind Project is ramping up.

20182-139890-01_Rep. Walz Letter on behalf of “constituent Melville Nickerson, Director of Governmental Relations, Invenergy,” both of CHICAGO!

Photo taken by moi.  This is the bald eagle that flew up from the 120th St. ditch as I approached the Hansen home in the Freeborn Wind permit footprint.  There’s a nest just a bit to the west, just south of 120th.  Guess they don’t want me posting any more eagle photos on their fb page:

And in the news:

Albert Lea City Council Hears Economic Benefits Freeborn Wind Farm

Wind Farm Proposal in Freeborn County

Today, the Department of Natural Resources filed a Motion to Quash so its employees wouldn’t have to appear, filed February 9 regarding Subpoenas that were served December 11 and 18, 2017.  Roughly two months ago.  After a conversation with DNR Counsel Sherry Enzler where she didn’t want her people sitting around all day so we agreed to a 3 p.m. time, which would need to be locked in with the judge.  Now this.  Good grief.  But our conversation that day was so bizarre that I memorialized it with a letter to the judge, though not in technicolor.

Joyal_Motion_20182-139915-01

Joyal_Memo_20182-139915-02

Joyal_Aff_20182-139915-03

Mixon_Motion_20182-139916-01-2

Mixon_Memo_20182-139916-02

Mixon_Aff_20182-139916-03

OK, fine, whatever… here we go!

Melville Nickerson, Invenergy, is Rep. Walz’ CONSTITUENT?  Nickerson lives and works in Chicago.  What is Walz thinking?  What about the 470+ people in the Freeborn Wind footprint who signed the opposition petition?  Association of Freeborn Landowners sure hasn’t heard from him.  WTF!?!?!

Here’s the pdf: 20182-139890-01_Walz Letter

And he thinks he’s up for being the Governor of Minnesota?  Good move, bubba…

Now, about PolyMet…

“January Pretzel” — a Bent Tree bent turbine blade 1/20/2018

Taken by the Hagens in the Bent Tree wind project

DOH!  The Bent Tree Phase II noise report is out and it confirms that the project is violating the siting permit.

Bent+Tree+08+573+PostConstNoiseMonPhase+II+Report+2+7+18

Bottom line:

Here’s the Phase I report:

Bent Tree_Noise Monitoring and Noise Monitoring Report_20179-135856-01

So now what are they going to do?

Tomorrow, the Big Blue wind project is at the PUC which is violating their permit too, and the PUC decision options are to revoke permit, suspend permit, or continue operations with compliance filings.

StaffBriefingPapers20182-139717-01

The process here is flawed (to put it mildly).  There is noise modeling required in wind project permitting, but clearly that isn’t sufficient to site them in a way that won’t steamroll the neighbors to the project.  The setbacks in MN aren’t adequately protective.  Deal with it, Public Utilities Commission!