Rules? Who needs ’em?

My rulemaking petition is before the Public Utilities Commission tomorrow:

There have been a few filings in this docket. In chronological order, starting at the beginning, oh, with the statute first and then filings (and note, the statute does say “may.”):

And here we go — they say it won’t start before 12:30 pm — that’s appreciated!

Routing the most massive of transmission lines through Minnesota without rules?

Or is it time for an award:

Interesting filings today in PUC Docket R-26-172 — how can anyone oppose rulemaking, and how can anyone think it’s reasonable to route transmission and site generation without rules? The Public Utilities Commission is tasked with regulating utilities, and how does one regulate without regulations?

Here’s what has come in today — the deadline is 4:30 but I’ll have to hit the road soon — if others come in I’ll post later. This first one is choice:

The next two, not so much — how convoluted can they get?

And here’s what I had to say, on my behalf, and also clients North Route Group and NO765MN (CN-25-117 and CN-25-121) and the Andersens (CN-25-109), after seeing some of the comments:

Take a good look at what the legislature did to the rules. And those that say “renumbered,” click on those and you’ll see they were moved and repealed as well!

CHAPTER 7850, SITE OR ROUTE PERMIT; POWER PLANT OR LINE

PUBLIC UTILITIES COMMISSION

PartTitle
7850.0100[Renumbered 4410.7000]
7850.0200[Renumbered 4410.7100]
7850.0300[Renumbered 4410.7200]
7850.0400[Renumbered 4410.7300]
7850.0500[Renumbered 4410.7400]
7850.0600[Renumbered 4410.7500]
7850.0700[Renumbered 4410.7600]
7850.0800[Renumbered 4410.7700]
7850.0900[Renumbered 4410.7800]
7850.1000[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.1100[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.1200[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.1300[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.1400[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.1500[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.1600[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.1700[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.1800[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.1900[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2000[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2100[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2200[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2300[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2400[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2500[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2600[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2700[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2800[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.2900[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3000[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3100[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3200[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3300[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3400[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3500[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3600[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3700[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3800[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.3900[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.4000STANDARDS AND CRITERIA.
7850.4100[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.4200[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.4300PROHIBITED ROUTES.
7850.4400PROHIBITED SITES.
7850.4500[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.4600[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.4700[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.4800[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.4900[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.5000[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.5100[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.5200[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.5300[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.5400[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.5500[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
7850.5600[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]

Did you know that thanks to the 2024 Energy Omnibus (Ominous) Bill, there are virtually NO rules for routing and siting of utility infrastructure? The good news is that the “Prime Farmland Exclusion” was preserved, but where’d everything else go???? Yeah, it’s really bad, so I filed this Petition for Rulemaking, on eDockets, via email, and as above, tomorrow, U.S. Mail:

Really, take a look for yourself and see how little is left after the 2024 legislative purge. Really, take a look for yourself and see how little is left after the 2024 legislative purge — all that remains of Minn. R. ch. 7850 is “Standards and Criteria” which says nothing, and Prohibited Routes and Prohibited Sites:

I’ve filed a few of these, and have been on 2, maybe 3, rulemaking advisory committees, the most important was R-12-1246, where we worked for almost a decade, and the PUC tossed it! That was SO frustrating and infuriating.

Here we go again, I hope?

I’ve been hearing from a couple of sources lately that the 2024 Omnibus (Ominous) Bill took away local control over energy projects. See Section 3 [216I.03 SITING AUTHORITY] HERE!

NOT TRUE!!! That’s how it’s been since 1973, started as 116C, and in 2005 changed to 216E:

2023 – what it was before 2024 changes – https://www.revisor.mn.gov/statutes/2023/cite/216E.05 

1973 – 51 years prior to 2024: https://www.revisor.mn.gov/laws/1973/0/Session+Law/Chapter/591/pdf/#laws.0.3.0

First, the definition of what’s covered:

Then, statement of the siting authority — originally it was the EQB and that was changed in 2005 to the Public Utilities Commission.

Here’s the change of jurisdiction from EQB to Public Utilities Commission:

Note that “questions of need, including size, type, and timing; alternative system configurations, and voltage must not be included in the scope of environmental review conducted under this chapter.” This is why it’s important to participate in the Certificate of Need docket.

Local review IS allowed for “small” projects: 

Where APPLICANT requests of local gov’t and local gov’t agrees, beginning in 2001 — this also is nothing new:

2001https://www.revisor.mn.gov/statutes/2023/cite/216E.05 

2024https://www.revisor.mn.gov/statutes/cite/216I.08

Adding to hearing about it, just yesterday, I was told, emphatically, several times, that “our” State Senator Steve Drazkowski is saying that the 2024 Energy Omnibus Bill took authority away from local governments. Nope, nope, nope, that didn’t happen!

If anyone tries to tell you that the 2024 Energy Omnibus (Ominous) Bill took away local control over energy projects, be sure to correct them — it’s a problem having false information flying around!

I was also told that Drazkowski had authored a bill to “return” jurisdiction to local governments, but I cannot find it, will continue looking.

So… once more with feeling… SINCE 1973 – PUC jurisdiction over energy project is NOT new:

www.revisor.mn.gov/laws/1973/0/Session+Law/Chapter/591/pdf/#laws.0.3.0

December 10, 2024 was the Power Plant Siting Act Annual Hearing. It was before ALJ Christa Moseng, and there were very few commenters. I’m not seeing any minutes, and don’t know if they’ll ever be posted. There were only two of us commenting, myself, and Dan Wanbeke, who has a CapX 2020 line on his land. If the proposed MN Energy CON line is built, he could be surrounded by transmission.

Wanbeke gave a detailed description of his experience and takeaways, one of the most important was a comment of the PUC’s Bob Cupit (since retired):

A very interesting part of Wambeke’s testimony was regarding the stray voltage problem, all the water in their farm was energized, and the shower tested at 15 VOLTS! The local utility has been out many times, and when Capx 2020 was down for a brief time, no stray voltage, and when it was again energized, the stray voltage was back. He testified about induction current, that when there’s a distribution line running parallel to a massive transmission line, there can be induction current (this also happens with pipelines), and the distribution lines are indeed parallel with CapX transmission. This is NOT rocket science, and the CapX utilities better deal with this. If meeting minutes come out, I’ll post, though the thought occurs to me that this was a “hearing,” so it will probably be a top secret transcript. Will keep an eye out.

These next two tidbits were handouts at the hearing:

And now on to comments filed since:

FYI, the DOT “Policy of Accommodation” that should be entered in every docket, because it sets out how utilities can interact when projects are proposed near roads — I’ve observed cases where the utility paid no attention to DOT comments and landowners nearby were screwed with little notice because utility had to quickly alter plans because DOT would not allow planned placement:

On to the regular folks, so far just two of us!

I’d made oral comments at the hearing (via web), but had to put it in writing to be more specific, because the changes are immense, and there needs to be a record. As I said in my Comment, not for the first time, “I’m disgusted, frustrated, incensed, and committed to showing up before the Public Utilities Commission until I drop dead someday in the large hearing room.” I had to file a corrected version, was bleary-eyed and found typos, missing words and punctuation, and FYI, the first one below has been corrected:

This one, from Kristen Eide-Tollefson for CURE, Communities United for Responsible Energy, is important because she’s seen the changes over the decades, THREE decades, of dealing with the Power Plant Siting Act. Now it no longer exists, hence Eulogy for the PPSA:

Let’s trot out this one again, we’re overdue for a Transmission Transition: