Legalectric

O…  M…   D!

Gov. Mark Dayton has done it again, apparently looking to leave a legacy of being one of the most environmentally harmful Governors in Minnesota history.

And to think he’s a shep guy…

What’s this all about?  Well, for example, first there was his roll and cave on MPCA and DNR permitting, “streamlining” or gutting, as the case may be, beating the Republicans and their legislative agenda to the punch:

Dayton “streamlines” for corporate interests!

And then adding insult to injury:

Walton’s Bill Grant – Deputy Commissioner of Energy?

Now, by Executive Order, he does it again, this time to the EQB:

Executive Order 11-32

Check it out:

By November 15, 2012, the EQB shall evaluate and make recommendations on how to improve environmental review, given the changes made in Chapter 4, House File 1, and the recommendations contained in the Office of the Legislative Auditor Environmental Review and Permitting Report.

Here’s Chapter 4,  House File 1.

And now for the Office of the Legislative Auditor Environmental Review and Permitting Report:

Legislative Auditor’s Report – Environmental Review & Permitting

Questionairre Results from Project Proposers

Questionnaire Results from Project Commentors

This Thursday, the Minnesota Public Utilities Commission takes up our many Motions for Reconsideration.

PUC Notice of November 10, 2011 Meeting

Thursday, November 10, 2011

(not to be heard before 10:00 a.m.)

Minnesota Public Utilities Commission

3rd Floor Large Hearing Room

121 – 7th Place East

St. Paul, Minnesota

Here are the ones that I filed for Goodhue Wind Truth:

GWT – Reconsideration – Certificate of Need

GWT – Reconsideration – Site Permit

Just out are the:

Staff Briefing Papers

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???

The MPCA has announced that they’ve fined District Energy in St. Paul for air permit violations to the tune of $55,000.00.  It’s a start.  This is something that’s gone on for so long, their air permit had expired years ago and the MPCA did nothing.  Now they have done a little something, well, it was a while ago, but somehow a story about the MPCA’s 2nd quarter reports popped up while I was on the STrib today:

St. Paul firms fined $55k for pollution

Here’s the MPCA press release:

St. Paul District Energy Operation Pays $55,000.00 Environmental Penalty

And there’s also this one for Progressive Rail:

Environmental Violations Cost Progressive Rail $75,000.00.

For the full 2Q report:

Quarterly Summary of Enforcement Actions

WTF?!?!  Leslie Glustrom has been denied intervention status by the Colorado Public Utilities Commission!  Shades of what happened to me in Big Stone, and almost in the CapX 2020 Certificate of Need! She made her Petition/Motion to Intervene, and Xcel objected and the PUC booted her out.  (I’m searching for the Order).

The story gives a pretty careful description of what happened, what’s missing is information on all the good work Leslie has done over the years, contributing to the record, helping come up with a better result, and now this…

Here’s Leslie at Nancy’s wedding a few years back:

Boulder energy watchdog kicked out of Xcel dockets at PUC

Sat September 17, 2011 9:18 PM  | about: XEL

NEWS PROVIDED BY:
McClatchy

Sept. 17–Boulder resident and longtime Xcel Energy (XEL) watchdog Leslie Glustrom has been banned from “intervening” in two cases at the Public Utilities Commission that involve the electric company, a move she says paves the way for eliminating individual participation in utility regulation across the board.

“What’s happening is that the last vestige of the public is being extinguished from the, quote-unquote, Public Utilities Commission,” she said.

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