Legalectric

It’s that time of year again, and for a change, no reminder necessary, AND it’s in 2018, not crammed in at the very end of year or beginning of next!

It’s the POWER PLANT SITING ACT ANNUAL HEARING!

This is our opportunity, as those wrestling with the state’s siting laws and rules, and absence thereof, to tell them what does and doesn’t work.  Then the Administrative Law Judge files the report and it’s ignored for another year.

Frustration with lack of response was what triggered the multiple rulemaking petitions I’ve filed, on my own as individual, and representing Goodhue Wind Truth, most recently:

Wind Rulemaking — Petition for Reconsideration

We used to have a pot-luck for the PPSA Annual Hearing, until the PUC put the kibosh on that.  GRRRRRR!  Treats is the best way to get people to show up.

Now’s the time, show up, spout off, and tell them what works and what does not.  And note that aspects of the Power Plant Siting Act DO apply to wind:

216F.02 EXEMPTIONS.

(a) The requirements of chapter 216E do not apply to the siting of LWECS, except for sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11; 216E.12; 216E.14; 216E.15; 216E.17; and 216E.18, subdivision 3, which do apply.

Here’s the audio and video of the Public Utilities Commission meeting of September 20, 2018, where the Commission decided to deny the Goodhue Wind Truth rulemaking petition and to approve the Freeborn Wind siting permit Recommendation of the Administrative Law Judge that the permit be denied, AND to approve the transmission line, for which Freeborn Wind does not have all necessary land rights — note the blue triangles — that represents the underlying fee interest of non-participants.

So, Thursday’s meeting?  Goodhue Wind Truth rulemaking petition and Freeborn Wind siting and transmission permit? Here ya go!

Video (can’t figure out how to download video)

Audio Download

Below the video screen is a list of agenda items.  Click #2 for their rejection of the Goodhue Wind Truth Petition for Rulemaking.  Click on #3 for their approval of the Freeborn Wind Site permit, and #4 for their approval of transmission for Freeborn Wind.  Liberally dose yourself with anti-emetic before watching!

It was a full house yesterday at the PUC but the result was a bust.  The PUC tossed the Freeborn Wind ALJ Recommendation right out the window, did a 180 from the ALJ’s Recommendation and granted a siting permit and transmission permit for Freeborn Wind. There was a last minute “compromise” presented by Freeborn Wind and Commerce, last minute, meaning the DAY BEFORE, and the PUC Staff Briefing papers had 23 pages of an inexplicable chart of proposed adoption and rejection of Exceptions.

20189-146406-01_PUC_StaffBriefingPapers

Through what gyrations will they get their “order” to align with the record? Out with it — let’s see!!

In the STrib:

Minnesota utility regulators approve Freeborn County wind farm opposed by neighbors

In the Albert Lea Tribune:

Commission unanimously approves Freeborn Wind Farm permits

From the article:

Commissioner Katie Sieben said she also supported the project, noting she received a letter in July 2017 from a constituent saying the issue was “tearing neighbors apart.”
“I would hope that as the applicant has modified, has moved wind turbines, has lessened that division,” she said.

Sieben says Freeborn “has moved wind turbines?”  WHERE EVER WOULD SHE GET THAT IDEA?  The application wasn’t modified, wind turbines haven’t been moved.  This just proves she hasn’t read the record.  How many times did Dan Litchfield testify that they couldn’t move any turbines?

And on KIMT TV:

Freeborn Wind Farm approved by the Minnesota Public Utilities Commission

 

Freeborn Wind at the PUC tomorrow.

Watch on line HERE: Live Webcast

ANOTHER LATE FILING!!!  This last minute flurry is indicative of their desperation!  So I guess it’s a good thing, but hey, I’ve got to get ready for the Wind Rulemaking docket that I’ve been trying to get before the Commission for how many years?  Oh well… one thing at a time…

Freeborn Wind’s “Late Filed — Proposed Special Conditions Related to Noise _20189-146486-01

And our response just filed:

AFCL’s Late Filing2_Reply2Freeborn

Oh yeah, we’re going to have fun at the PUC tomorrow.  Watch on line HERE: Live Webcast

And background, yesterday and day before:

AFCL reply to Freeborn Wind’s Motion to Exclude

Freeborn Wind files Motion to Exclude!!

Whew, quick response to Freeborn Wind’s Motion:

Association of Freeborn County Landowners_FINAL Reply

Here’s their Motion:

20189-146448-02_Motion to Exclude Untimely Filing of Frank Kohlasch

From here, it looks like they’re trying to weasel their way into a 1 dBA “wiggle room” to add onto the state’s 50 dBA limit.  Ummmmmm, no!  No way is that supported by the record, and really, there’s already a 3 dBA “margin of error” built in, supposedly, well, so says Freeborn Wind’s expert Hankard!

Here’s the MPCA letter they’re so up in arms about, but wait, it’s nothing new!!!!

Letter 9/11/2018 Frank Kohlasch MPCA_20189-146351-01

Freeborn, you know all about ambient sound noise modeling, we discussed it for how many hours in the hearing?  Good grief…

Here are the MPCA’s noise standards:

NOISE STANDARDS  Minn. R. 7030.0040