Legalectric

NOTICE!!!  Landowners need notice if their land is affected!  Local governments and residents need notice if their communities are affected!  Yes, posting something can have an impact!

Notice is something that’s been an issue in utility dockets, and transmission proceedings particularly, for a long, long time.  It’s something we’re trying to address in the Minn. R. Ch. 7850 in our rulemaking advisory committee meetings over the last TWO PLUS YEARS!

Here are the latest Comments:

NoCapX_U-CAN_ Cover_8-25-2015

NoCapX-U-CAN_Comments_8-25-2-15_20158-113514-02

Why does notice matter?  Well, there’s this thing called “Due Process.”  Notice is a fundamental Constitutional Right.  It matters because “NOTICE” often doesn’t happen.  And it ties in with eminent domain, where land may Constitutionally be taken for public purpose projects with just compensation (and what is a “public” project?  What is “just” compensation?)  If you aren’t properly informed, have no notice, what does that do to your ability to participate?

In Minnesota, it’s a matter of law, clear, simply stated law:

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.

Looking over posts and filings where this has happened, situations I’ve been aware of where landowners have been surprised at the last minute, too late to meaningfully participate in the proceedings, have filed Motions for Reconsideration, and have been to the Appellate Court on their behalf, it is SO frustrating.  Looking at the many times I’ve tried to intervene, to have intervention deadlines extended in case landowners want to stand up,   There’s no excuse.  People should not be surprised at the last minute with a utility attempt to run transmission over their land.

It happened recently in the Great Northern Transmission Line routing docket:

ALJ Order filed, no RRANT intervention

Can you believe Commerce EERA would file this?

Commerce EERA Responds… NOT!

It happened in CapX Brookings route and on CapX Hampton- La Crosse route:

• Cannon Falls (CapX Hampton- LaX route) example to go around county park and DOT prohibited intersection area:

Cannon Falls Beacon – CapX in the news!

Dakota County resolution about CapX 2020

CAPX APPEAL — DECISION RELEASED (includes Cannon Falls)

UPDATED Updated Minnesota Appeal Update

Initial Brief – St. Paul’s Lutheran School and Church and Cannon Falls Landowners

Reply Brief – Cannon Falls Landowners and St. Paul’s Lutheran School and Church

• Oronoco(CapX Hampton – La X route) enters “new route” proposal without notice to its own landowners:

Oronoco Twp’s Exhibit 89

• USDA’s Rural Utilites Service (CapX Hampton – La X) example:

RUS Reopens Comments on Hampton-LaCrosse

• Myrick Route (CapX Brookings) example:

Myrick route withdrawn

Myrick Route & How to find things on PUC site

• In particular this “Notice” which went out after all the hearings were over with no way to participate at all: Dec 30 Notice – Myrick Route

PUC chooses Belle Plaine crossing

• This is important to understand the set-up, and now this notice was snuck in at the last minute due to Applicant and Commerce disregard for objections of DOT, DNR and USFWS.

That’s enough examples to get an idea of the problem… but there are more that I can trot out if necessary.  The notice provisions in Minnesota law and rule must be corrected.

There’s a “State Rail Plan” and it’s up for comment NOW! But I’m wondering just what it is that they’re trying to do, and it seems like the goal is to secure public spending for necessary private infrastructure.  If not, what’s the goal here?

MN DOT has been holding meetings all over the state, Alan went to one in Red Wing last week, and there’s a couple more coming up:

Nov. 24: Moorhead, MN
Hjemkomst Center 5 – 7 p.m.

Nov. 25: Winona, MN
City Council Chambers 5 – 7 p.m.

What’s up for comment?

Start with this 2010 Report from the DOT website:

MN Rail Plan Final Report Feb2010

And updates to consider:

• DRAFT – Tech Memo 1: Vision for Rail in Minnesota (PDF 2.2 MB)
• DRAFT – Tech Memo 2: Freight Rail Supply and Demand (PDF 6.3 MB)
• DRAFT – Tech Memo 3: Passenger Rail System (PDF 721 KB)
• DRAFT – Tech Memo 4: Integration of Freight and Passenger Planning (PDF 1.2 MB)
• DRAFT – Tech Memo 5: Performance Measures (PDF 190 KB)
• DRAFT – Tech Memo 6: Investment Needs (PDF 2.0 MB)
• DRAFT – Tech Memo 7/8: Institutional Relationships (PDF 1.1 MB)
• DRAFT – Tech Memo 9: Financial and Implementation Plan (PDF 296 KB)

• ADDENDUM – Tech Memo 10: Conceptual Operating Scenario (PDF 598 KB)

Now check this, from last February:

BNSF Announces $5 Billion Capital Commitment Program

Why is this news?  Isn’t it their job to keep the rails in decent shape, to invest in their own infrastructure, not just to put money in Warren Buffet’s pockets!

When the DOT predicts this level of service (LOS) with or without improvements, are they including improvements such as the $5 billion of BNSF?  The DOT seems to be cheerleading for PUBLIC spending on PRIVATE infrastructure!  These are private for-profit companies (well, some may be “public” in the corporate sense) and they are responsible for their infrastructure.  What is the DOT doing to force the rail companies to upgrade to keep their Level of Service (LOS) at an acceptable rate, SAFELY, so they’re able to handle all the freight that they’re wanting to ram through our communities?  It’s not the job of government to subsidize the likes of Warren Buffet!

Here’s a freight survey from their site — note it’s called “Metroquest” so go figure.

Something I found interesting when considering rail is this testimony from the Sandpiper pipeline case (go HERE and plug in dockets 13-473 for Certificate of Need and 13-474 for Routing):

Rennicke_Direct_20148-102135-05

They’re framing this Bakken BOOM! as binary, either rail or pipeline, and whenever something is framed that way, that’s a big red flag to take a closer and more thoughtful look.

DOT says there are going to be “stakeholder” meetings — meetings that should be well attended by people like us!  From their site:

• Three major stakeholder meetings are also scheduled, coinciding with the November 2014 Passenger Rail Forum, the December 2014 Freight Summit, and the January 2015 Passenger Rail Forum. A second round of open houses will be held in early 2015.

So when are these meetings?  Passenger Rail Forum meetings are supposed to happen monthly but don’t.  Just this last Monday, Gov. Dayton’s “Rail Summit” was supposed to have happened. MPCA Commissioner Stine mentioned it at yesterday’s meeting and said there would be another next month, and Frank Hornstein’s fb post, but there’s very little about it in the news other than announcements 10/31 that it would happen, in St. Paul, and of course we all weren’t invited:  http://hometownsource.com/2014/10/31/gov-dayton-to-convene-minnesota-rail-summit-on-nov-17/

Here’s how it’s framed by our good friends at KSTP — if you click on the link, it’s pipeline promotion:

Dayton Hosts Governor’s Rail Summit to Discuss Rail Safety, Backlog

KSTP.com-Nov 17, 2014

Railroad, agriculture and political leaders will be attending the Governor’s Rail Summit to talk about increasing railway safety, addressing the …

Back to the DOT — look at this “Passenger Rail Forum” and how that’s been “working” — meeting after meeting canceled:

Forum meetings

All forum meetings are held from 10 a.m. to noon at the State Office Building unless otherwise specified below. Meetings will be canceled when there are insufficient topics to merit a meeting.

State Office Building, Room 5
100 Dr. Martin Luther King Jr. Blvd
St. Paul, MN 55155

Date	Location / Time
Jan. 6, 2014	Canceled
Feb. 3, 2014	Canceled
March 3, 2014	Conference call
April 7, 2014	Conference call
May 5, 2014	Conference call
June 2, 2014	Canceled
July 7, 2014	Canceled
Aug. 4, 2014	Conference call
Sep. 8, 2014	Rescheduled to Sept. 15 via conference call
Oct. 6, 2014	Canceled
Nov. 10, 2014	State Office Building, Room 5, 10 a.m. to Noon
Dec. 1, 2014	State Office Building, Room 5, 10 a.m. to Noon

Check out their site.  What are they really doing here?  What’s really at issue?  I think we’re looking at a scam to get the public to pick up the tab for infrastructure updates that haven’t been made over the last few decades:

These slides are from this presentation — note the date: November 12, 2009… presented at the November 12, 2010 meeting (That’s what the date is on the site, and the 2009 date matches up with the properties date.)  ???

PTACPres20091112

And another thing… why is the Norwegian American Chamber of Commerce interested in Bakken BOOM oil and why is DNV-GL top-heavily loading the panel coming up here on December 4th?

Released yesterday by National Institute for Science, Law, and Public Policy (NISLAPP) (never heard of it before, need to do some checking):

Green Electricity or Green Money?

Why is this a question?  We know it’s a problem. But this report focuses on things like “Smart Meters” and doesn’t dig into the the even worse toadying for coal gasification and other harebrained promotional schemes of these orgs.

Here in Minnesota, the money goes to Minnesota Center for Environmental Advocacy, Fresh Energy f/k/a ME3, Izaak Walton League and its former program now independent 501(c)(3) Wind on the Wires (conveniently separate since just after election, when Bill Grant was appointed Deputy Commissioner of Commerce in charge of all things energy)(oh, and Nancy Lange appointed to Public Utilities Commission).  And then there’s RE-AMP.  There’s so much money flying around for promotion of transmission and coal gasification.

Bill Clinton toadying for transmission

WOW’s devil we know… ummm… WOW!!!

Walton’s Bill Grant – Deputy Commissioner of Energy?

Wind up to ELPC Transmission Strategy Meeting

AAAAAAAAAAAAARGH… back to work…

Not directly related, but the concept is for sure — Enbridge has been nailed for building a pipeline beyond what easement they had, and they are TRESSPASSING, and have to pay for the easement.  They won’t have to uproot the pipeline, but they do have to compensate the owners.  YES!

Here’s the scoop from the Duluth News Tribune:

Jury: Enbridge owes Douglas County family $150K for illegal pipelines

By Tom Olsen on Jun 13, 2014 at 10:44 p.m.

Enbridge Energy illegally installed three pipelines on private land owned by a Douglas County family and owes $150,000 in damages, but should not be required to remove the lines, a jury ruled Friday.

Quick post here of Judge Lipman’s recommendation — there are 15 days now to get exceptions filed with PUC, and then it goes to the full Public Utilities Commission for deliberation and a decision:

Recommendation – Enbridge Pipeline Expansion — PUC Docket 13-153