Legalectric

Deere Engine Sub – Cedar Falls, IA

And yet another step towards Cedar Falls Utilities’ Waterloo. I’d served MAPP with a subpoena to get at the real capacity of the 161kV line in front of Diane and Bert Schou’s home in Cedar Falls. Why? Because the CFU engineer testified over and over that it was a 33MW line. So my first clue was his reference to “MW” when he should be talking about “MVA.” But more importantly, the Chicago Project, reconfigured to 115kV and then 161kV on the Wisconsin side of the river, was 868MVA, an example of a typical line, and it’s “just a tad bit” more than 33MW (MW is “essentially” MVA, but not quite). So I served a subpoena on Chuck Tyson, who’d handled the one back during the SW MN 345kV case. He grimaced, rolled his eyeballs, and settled in for another journey through MAPP files. A few short days later, he called to schedule a time to go over what he’d found on this CFU line.

Here’s the poop: it’s a 329 MVA line! No suprise, but it is not even close to the testimony of the utility. See for yourself, here’s the MAPP Form 1. It’s the second line, the CFU Union Sub — and go over to the right to the MVA column — ta – da… 329! Download file
(might have to turn this around)

Here’s their “engineer’s” testimony about the capacity of the line: View image

We’re assuredly having fun now!

What does it mean? Yesterday, I received two Orders from the Polk County District Court, first the expected denial of Cedar Falls Utilities Motion for Sanctions against me and acceptance of CFU as an Intervenor in the case. The second was a Scheduling Order, with a briefing schedule and a date for oral argument — but because we were in court on Friday at too early o’clock for a hearing on the Iowa Utilities Board’s Motion to Dismiss, and there wasn’t an Order about that Motion, I’m not about to start jumping up and down in victory… BUT maybe, just maybe, this is the door opening and we really will be writing briefs and having oral arguments… maybe there is a Dog!!! Maybe the Order denying IUB’s Motion is in the mail (and to think that CFU and IUB’s attorneys wanted me to do the hearing off the record — I don’t think so!).

Here’re the Orders from yesterday:

Order Denying Sanctions Download file

Scheduling Order Download file

Cedar Falls Utilities’ attorney Ivan Webber — he may have goofy ideas about how to conduct a hearing, but he’s written some good articles and editorials.

Bear’s den, from Superior Broadcast’s Nick Vander Puy

In Wisconsin, the sleeping giants stop the Arrowhead transmission line! That’s THE bear, above.

Here’s Nick Vander Puy’s story with photos

And here he is doing an interview for the story

From WCCO:

Snoozing bears block power line project

(AP) Ladysmith, Wis. A hibernating bear and her cubs could delay construction of a power transmission line from Wausau, Wis., to Duluth, Minn. — at least for a little while.

The bears’ den is about 115 feet from the right-of-way for the transmission line near Ladysmith, Wis. The Department of Natural Resources wants the line’s builder, American Transmission, to wait until mid-April to start bulldozing there.

The company has agreed to wait for at least a week, and the two sides will meet in the coming days to discuss the issue.

State biologist Mark Schmidt says if bulldozers startle the hibernating mother bear, she could bolt and leave her cubs.

What a binary week! Cedar Falls Utilities is a step closer to its Waterloo!

The good news is that I’ve been admitted to practice before the Polk County District Court in Schous’ appeal of the Iowa Utilities Board grant of a franchise to Cedar Falls Utilities for a transmission line next to their home. A few weeks ago, I’d found an Iowa attorney, Brenda Myers-Maas, who has worked on feedlot cases, and many nuisance cases, and she’s willing to review my pleadings and sign off! She’s also worked on hazardous waste sites, an area as arcane as transmission!

CFU, represented by Ivan Webber, was claiming I had not filed the appeal properly because I was not licensed and that I should be sanctioned for filing the appeal when I was not licensed!. Plus they complained it was not timely HELLO??? In Iowa, there’s 20 days after the court issues a notice to address licensure, and my Pro Hac Vice was submitted — because the court issuing that Order, and never issued a notice stating I had to address my lack of a license, CFU’s licensure and sanctions Motion is moot. hee hee hee. Their complaint of untimely filing is bogus because the rules provide that parties be served WITHIN 10 DAYS OF FILING OF THE APPEAL, not simultaneously, and it was served as dictated by the ruiles. You’d think CFU would read the rules if they’re going to complain that I’m not following them. Then again, they’ve not followed the rules for their Franchise Petition, so why start now! They didn’t provide notice of the hearing until after it had ended, didn’t disclose a registered airstrip near the transmission line (4IA7), didn’t provide notice to the owner of the airstrip…

Here’s CFU’s Motion: Download file

Here’s our response to CFU’s Motion to Dismiss and for Sanctions: Download file

Here’s the Iowa Utility Board Motion: Download file

Here’s our response to IUB’s Motion: Download file

And here’s the Court Order, granting my Motion for Pro Hac Vice Download file
…and Ordering a Hearing: The hearing is March 17, 2006 at 8:15 a.m.!! Download file
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And then there’s BSII, the transmission in Minnesota that goes from the new Big Stone II ooal plant to the middle of nowhere, Granite Falls, MN, and … stops there? No, only in the application — in the CapX2020 map, it is connected to the “SW MN” ExtraHigh Voltage line going from SW MN to the south side of the Metro Ring, either Hampton or Prairie Island, and then south and east for export.

On Wednesday, ALJ Steve Mihalchick denied my Petition to Intervene as an individual in Big Stone II. OK, fine, I’ll resubmit with clients and more clients. What’s appalling is that he said that MCEA’s “clients” ME3, Waltons, UCS, Wind on the Wires would adequately represent my interests! Apparently he does not know of the TRANSLink deal that they signed off on, which was codified in the Transmission bill that they promoted — represent my interests? I don’t think so! I guess I’ll have to explain, attach a copy of the TRANSLink deal to clarify they operate against my interests and those of my clients! OK, fine, I can do that! Ron Gustafson and Linda Castagneri, neighbors of the Mesaba plant, are Intervening, as are W.O.L.F. and Nancy Prehn of Waseca.

And so voila, here’s Petition for Intervention #2: Download file

I’m hoping more will want to join this little party…

www.bigstoneii.com

COMMENTS ON THE SCOPE OF THE EIS ARE DUE FEBRUARY 13, 2006.

The Big Stone II power plant proceeding is happening right now in South Dakota. Here in Minnesota, we get the emissions and transmission, and so they’ve scheduled hearings on the Minnesota side, near the anticipated transmission line route. The hearings are scoping hearings, to determine the scope, what will be addressed, in the Environmental Impact Statement for the transmission line. Big Stone II transmission line hearings were held recently in Granite Falls, MN, and from the reports, it seems people are getting it, the truth is coming out — and it’s about time! On the project developer’s Big Stone II site, the real plant is going up faster than the site! The links to the plant application and transmission application work. But there’s lots of good info on the Sierra Club site. Sierra is putting up one hell of a fight on the power plant proceeding in South Dakota.

Here’s the lie — that it’s “for wind.”

And here’s a report from the Willmar paper about the Hearing in Granite Falls, where people are getting the truth, straight from Steve Schultz of Ottertail Power: Area residents raise concerns about powerline

Otter Tail Power cannot reserve transmission capacity for wind or any other power source, according to Steve Schultz, public communications manager with Otter Tail Power. The power is provided on a â??first-come, first-served basisâ? by federal regulation.

And what’s already waiting in line? Coal! Here’s comments about that point:

The Canby-to-Granite Falls line would carry 800 to 1,000 megawatts of capacity beyond that needed for the power produced by the Big Stone power plant.

Many had expected this extra capacity to be available to carry wind energy to urban markets and help develop that industry in the state.

However, most if not all of that excess is already spoken for by other power plants proposed in North and South Dakota, according to Falk, plants that presumably will be fired by coal or other fossil fuels when they come online.

People care about mercury emmissions that make fish unsafe to eat and do not accept adding more mercury into already contaminated waters. Is BS II paying attention?

Butch Halterman, a Montevideo science instructor, said that an upper portion of the Minnesota River is already considered impaired due to mercury falling into the water from the existing Big Stone power plant. He warned that mercury accumulates in the environment, and that the new plant would be damaging the health of children for generations to come.

â??Do we want mercury in our childrenâ??s children?â? he asked. â??It doesnâ??t go away.â?

Dick Kroeger of Cottonwood held up a pop bottle and said that one-half capful of mercury poured into a 50-acre lake is enough to make all of the fish unsafe to eat in it.

The current Big Stone power plant emits 189 pounds of mercury into the atmosphere each year, according to Mary Joe Stueve, a Graceville resident and member of Clean Water Action.

To find the Docket at “the agency formerly known as the EQB,” including site applications, for BS II, go HERE, and scroll down to Big Stone.

Comments on the scope of the EIS are due February 13, 2006. Send to:

Sharon Ferguson or email sharon.ferguson@state.mn.us
Docket Manager
Dept. of Commerce
85 – 7th Place East, Suite 500
St. Paul, MN 55101-2198