Legalectric

Here they are, the two County Attorneys bookending the three developer reps, probably congratulating themselves on the County’s granting of the “Juhl Energy Development in partnership with Agri-Energy/GEVO” Conditional Use Permits for Sections 17 and 19 in Rock County.

What’s the big deal? Well, let’s start with the application, which was “fluff” — incomplete to put it mildly, and yet it was forwarded to the Planning Commission, a hearing was held without necessary information and documentation, and then it went to the County Board. Really, no exaggeration. Here’s the full board packet:

And what’s odd about this? The “conditions” proposed in the Board packet:

These are things that are to be included with an application, and if not, the Ordinance says that the application is not complete. FYI, this Ordinance was adopted in 2018, but is NOT posted on the County’s Website with the other Ordinances — really — check the link. WTF? Here it is (the County Attorney sent me a pdf, but it was only the even pages! Another WTF! Thankfully a little birdie sent the full Ordinance.):

NOTE in the heading: “An application to the County for a permit under this section is not complete unless it contains the following…” with all those 1-19 requirements constituting “the following.”

Take another look at the “application” in the board packet, two “applications” and a total of 10 pages! What a farce.

On behalf of the Jarchows, I’d sent a letter to the County Attorney, Administrator, and Zoning/Land-Use Administrator, and the County Board, laying out the problems, particularly stressing the egregiously incomplete application, together with an Affidavit of John Jarchow explaining their concerns with the potential nuisance coming to their property, a pre-existing permitted use:

And a Data Practices Act Request:

On to yesterday’s meeting. The County Attorney admitted that the Board had only the materials of the posted pack in front of them. As to the many missing items necessary for a complete application, one Commissioner asked about the Ordinance requirement of completeness, and the County Attorney said (not exact quote, but close) at least twice:

Oh, I wouldn’t be concerned about what the Ordinance says.

Really… I’d reminded the Commissioners of their Oath of Office, and I wonder if they thought about that. What’s the point of an ordinance if it’s ignored by the Board, the Planning Commission, and the Zoning Administrator who referred that incomplete application forward?

There were unstated claims that the biofuel plant needs this project to be able to sell to a California company. There’s a deadline approaching as the developers say this will be operational by year end.

IF THIS PROJECT IS SO IMPORTANT TO THE PLANT, AND TO THE COMMUNITY, why would the developer submit such an inadequate application? It’s on them, if they want to grease the skids and make it sail through, to do it right. But they didn’t.

Why would the Zoning Administrator forward such an inadequate and non-compliant application to the Planning Commission to review? Why would the Planning Commission hold a hearing and recommend it be approved when there is no record on which to base its “Findings.” Why would the County Board approve a CUP with so little record, and make a decision that has no record to support it? Why would the County allow a developer to put it in this position?

It’s on the developer to provide a complete application. If this project is so important, why would a developer make this strategic decision not to provide what’s required in an application?

Because they could? Because they couldn’t/can’t provide the information required? Because they knew the County wouldn’t make them follow the County Ordinance?

“Oh, I wouldn’t be concerned about what the Ordinance says.” Don Klosterbuer, Rock County’s County Attorney

Follow up Data Practices Act Request #2:

Freeborn Wind, now owned by Xcel Energy, tried to get Association of Freeborn County Landowners booted out of the Appellate Court. Freeborn Wind’s Motion DENIED!

And here’s the Order of the Appellate Court:

And this delightful snippet:

So now we’re off to the races!! We filed a Motion to Stay the Proceeding, because Xcel has filed its request for a site permit amendment. We shall see…

Oh my… just in, a request to suspend the permitting schedule for Dodge County Wind, the Certificate of Need, the wind site permit, and to WITHDRAW the transmission route permit!

There are 3 Dodge County Wind dockets, a Certificate of Need (17-306), wind siting (17-307), and transmission (17-308).  Process wise, it goes to PUC for approval, and the PUC will probably announce a comment period in all 3 dockets. Then Commission will meet, and approve the withdrawal of the transmission without prejudice, so they can refile when they have a workable plan. That withdrawal process will take some time.

That time is an issue, because I don’t see any way they can come up with a transmission plan and get it through the MISO transmission studies to get a permit and start construction by year end.  Tax credit implications — they have a problem. 

As to the suspension of Certificate of Need and wind siting application proceedings, I’d like to see them dismissed without prejudice also, not suspended, gumming up the works at the Commission.  We shall see.

This transmission was absurd from the get-go, a 345kV line with what, a 2,200MVA capacity, for a 170 MW project? They said it was part of a regional interconnection, from the application:

Oh, really? Don’t see it in the MISO MTEP. It’s not… and it’s a radial line, and you just don’t build short radial 345kV lines!

Here are Dodge County Wind’s requests for suspension and withdrawal:

“On August 9, 2019, DCW withdrew its MISO interconnection queue position no. J441, because of the significant interconnection costs associated with that queue position.”

Oh my… what does the MISO DPP Report have to say about that? Just search this report, issued July 25, 2019, for “J441.”

I figured the PUC should have that MISO report in the record:

And check out the summary page on p. 149 of the 150 page pdf.

After getting the 345kV route alternatives “C” and “D” ejected, not to be considered in the FEIS, this is just the icing on the cake!!

Dodge Center Xmsn – Mission Accomplished!

Here’s some background info from just over a year ago:

Dodge County Wind info presentation

July 29th, 2018

From the very beginning, with Dodge County Concerned Citizens working hard to inform people of the project, all three dockets, and Dodge Center’s Tom Applegate going door to door and encouraging people to write comments and send photos showing how the transmission line would affect their neighborhood in Dodge Center, this public input helped call the entire project into question.  With the DEIS rejecting transmission alternative routes C and D, and with the MISO interconnection study showing so many network upgrades needed at a very high cost, this project is no longer viable.  The people affected by this project have had a tremendous impact.

There’s a “Construction Information Session” happening Thursday, August 22, 2019 in Northwood, Iowa. Plenty of time to prepare!

Association of Freeborn County Landowners has appealed the Order of the Public Utilities Commission from its April Fools Day meeting:

And our filings with the Appellate Court:

It’s off to the races…