Legalectric

RICL?  That’s the “Rock Island Clean Line.”  Yes, that’s an oxymoronic moniker.  Today, this project is on the chopping block, the oral arguments in their challenge of Illinois’ rejection of this project is at issue.  Last gasp…

Here’s the AUDIO LINK to today’s arguments.

How could I forget?  Badger Coulee transmission is marching through Wisconsin, and here it is, framing the entrance to Mirror Lake State Park.  UGLY!

And it goes from bad to worse:

See the trail by the I-90 and I-94 signs in the upper left, it’s a dashed line?  That trail is right under the transission line.  The park ranger said ATC/Xcel was good to work with, that they paid them to move the trail, though it still goes right under the line in one place.

The Minnesota Public Utilities Commission rulemaking for Minn. R. Ch. 7849, Certificate of Need, and 7850, Routing and Siting, is slowly moving forward. Here are the final drafts up for review before they go to the Commission for a rubber stamp and release for general comment:

20173-129606-02_Draft 7849

20173-129606-03_Draft 7850

Final initial comments on drafts were due on Monday and here they are, in alphabetical order:

20175-131641-01_Commerce DER

20175-131640-01_Commerce EERA

20175-131687-01_Goodhue Wind Truth – Marie McNamara

20175-131650-01-1_Great River Energy

20175-131683_ITC Comments and Attachments

20175-131698-01_Just Change

20175-131686-01_NoCapX – U-CAN – NRG & GWT

20175-131675-01_Wisconsin Power & Light

20175-131688-01_Xcel Energy

Reply comments are due by 4:30 p.m. on May 31, 2017.  eFiling is preferred!  If you need to register to eFile, GO HERE!  It’s easy, quick, and makes filing a breeze.  Get to work — there’s a lot here to comment on!

Comments on the Minn. R. Ch. 7849 and 7850 rulemaking are due next Monday!  Are you making any progress? Info on who, what, where, why, when of filing comments is here:

20173-130158-01_Notice of Comment Period

What to comment on? Here are the latest draft rules:

February 2017 Draft 7849 February 2017 Draft 7850

Get to it!  

Hot off the press from the Federal Appellate Court — Missouri Western District

Western-District-Appeal-Results

From the Order:

ATXI is an Illinois corporation authorized to do business in Missouri and engaged in the construction, ownership, and operation of interstate transmission lines that transmit electricity for the public use. It does not generate, distribute, or sell electricity to the general public or serve any retail service territory.

And the law is clear:

“If any of the items required under this rule are unavailable at the time the application is filed, they shall be furnished prior to the granting of the authority sought.”  4 CSR 240-3.105(2) (emphasis added).

And interpretation of the law:

The general language of section 393.170.3 authorizes the PSC to impose “reasonable and necessary” conditions on a CCN. However, the specific language of section 393.170.2 states that evidence of the county commission consents “shall” be on file before the PSC grants a CCN.  “Where one provision of a statute contains general language and another provision in the same statute contains more specific language, the general language should give way to the specific.” Id.

And bottom line?

The PSC’s Report and Order is vacated as it was entered in excess of the PSC’s statutory authority.

Love it when this happens!