Tuesday 12/1 – PPSA Annual Hearing
November 29th, 2015
Here we go again, this year’s Power Plant Siting Act Annual Hearing.
Public Utilities Commission (PUC) Docket Number: E999/M-15-785
Office of Administrative Hearings (OAH) Docket Number: 60-2500-32901
Date: Tuesday, December 1, 2015
Time: 9:30 a.m.
Location: Minnesota Public Utilities Commission, Large Hearing Room, 121 7th Place East, Suite 350, Saint Paul, MN 55101
Bad weather? Find out if a meeting is canceled. Call (toll-free) 1-855-731-6208 or 651-201-2213 or visit mn.gov/puc
Here are some prior dockets (to access the entire docket, individual comments, etc., go to :
2006 Report to PUC – Docket 06-1733
2007 Report to PUC – Docket 07-1579
2008 Report to PUC – Docket 08-1426
2009 Report to PUC – Docket 09-1351
2010 Report to PUC – Docket 10-222
2011 Report to PUC – Docket 11-324
2012 Report to PUC – Docket 12-360
2013 Report to PUC – Docket 13-965
2014 Summary Comments– Docket 14-887
Routing Alternate Review — Environmental Assessment isn’t enough
September 23rd, 2015
Transmission over Red Wing’s Westwood subdivision
In routing permitting using “Alternate Review” and in wind siting permitting under Minn. Stat. Chapter 216F, exempted from environmental review, the environmental review is inadequate. An Environmental Impact Statement is necessary! DOH!
Looking at Minnesota’s draft Rules for Transmission/Utility Infrastructure siting and routing, it’s clear that the recent Minnesota Court of Appeals decision remanding the Sandpiper pipeline case to the Public Utilities Commission has implications beyond Certificate of Need.
The Court’s bottom line was:
This was based on its holding that a Certificate of Need decision by the Public Utilities Commission was a “major governmental action.”
Just as a Certificate of Need is a major governmental decision, a Siting Permit or a Routing Permit is a major governmental decision. The Minnesota statute and rules provide for “Alternate Review” for siting and routing:
And in this statute, there’s a subdivision authorizing an “environmental assessment.”
Subd. 5.Environmental review.
Throughout this rulemaking, a number of us participating have been stressing that this “environmental assessment” does not comply with MEPA. Under the logic of the “Sandpiper” decision – OPa150016-091415, the Court would agree.
Yet here are the draft rules for Siting and Routing — search for “environmental assessment” in the draft:
And Certificate of Need draft rules:
And regarding wind permits, also a major governmental decision, these are statutorily exempted from environmental review by exempting it from PPSA – Minn. Stat. 216E.03, Subd. 5 “Environmental Review.”
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.
Wind siting permits are exempt from environmental review? Public Utilities Commission issuance of wind project siting permits is a major governmental action. Nope, not compliant with MEPA.