Legalectric

Association of Freeborn County Landowners filed a Complaint with the Public Utilities Commission against Commissioner John Tuma and Chair Katie Sieben last week.

The PUC responded with this… oh my… and an Affidavit from John Tuma, he DID contact a Freeborn County Commissioner about pre-empting the township’s Ordinance and local control:

And under the statute, Minn. Stat. §216A.037, the PUC must refer it to the Office of Administrative Hearings:

The administrative law judge assigned to the ex parte complaint proceeding by the Office of Administrative Hearings shall conduct a hearing investigation and shall issue a report within 30 days after the matter is referred. If the administrative law judge determines that the report cannot be properly completed within that time period, the judge shall report that fact to the commission within the 30-day period and shall file a final report within a reasonable time thereafter, no later than 60 days after the referral to the Office of Administrative Hearings.

Minn. Stat. §216A.03

… so today, it was referred. GOOD!

Why? Well, this is about the July 16, 2020 meeting, the one where you just have to listen to the video – yeah, we’ve got the transcript, but the video just conveys so much more:

On June 10, 2020, Association of Freeborn County Landowners filed a Complaint against the Public Utilities Commission and four wind projects: Freeborn Wind, Plum Creek Wind, Buffalo Ridge Wind and Three Waters Wind:

AFCL brought this suit under MERA, the Minnesota Environmental Rights Act, which gives anyone standing to sue, and sue we did, seeking:

• A declaratory order that the state’s permitting of Large Wind Energy Conversion Projects is not in compliance with the Minnesota Environmental Policy Act;
• A declaratory order that the Public Utilities Commission has not complied, and must comply, with the mandate of Minn. Stat. §216F.05 to develop rules for environmental review of wind projects;
• An order that the Public Utilities Commission promulgate rules for wind siting and environmental review;
• A remand for additional proceedings as required by law and the Commission’s rules. 
• AFCL also seeks a temporary injunction pending these directives and actions by the Commission.  Minn. Stat. §116B.10.

All the Defendants have brought Motions to Dismiss, and today I received reams of paper with their arguments:

Filings from the PUC:

Filings from NSP & Plum Creek:

Filings from Buffalo Ridge Wind and Three Waters Wind:

++++++++++++++++++++++++++

Onward toward the Motion Hearing on September 2, 2020! Lots of reading and writing to do in response to these, and lots of writing to do for our Motion for Temporary Injunction!

Hot off the press from the Office of the Legislative Auditor, its report:

In short:

And it’s in the STrib:

Minnesota’s state watchdog agency dings utilities commission on dealings with public

Oh, look out, now that I’ve learned how to clip snippets from videos, there’s no stopping me!!

This is the Minnesota Public Utilities Commission’s deliberation and decision from December 19, 2019, on Xcel/NSP (they never use the name consistently) Application for Amendment of the Freeborn Wind Project site permit:

Freeborn Wind was on the Commission’s agenda yesterday:

Note the narrow issue, “What actions should the Commission take regarding the April 21, 2020 Request to Amend the Site Permit with a Special Condition?“

Suffice it to say, the meeting went off the rails… You have to listen to this to believe it (this old fart managed to youtube it!). Commissioner John Tuma’s going rogue moment is forever preserved:

The day before, less than 24 hours before the meeting, Commissioner Tuma filed this, and note, it was eFiled, but it was not served, was NOT on the agenda, was not related to the agenda item for this docket, and was only received by subscription, no 10 day notice, and no notice to Oakland and London townships, and parties had NO opportunity to participate in this “discussion” of Tuma’s “Motion” to pre-empt local control (earth to Mars, Minn. Stat. 216E.08, Subd. 2 anyone?):

So, on that note…

… and from Oakland and London townships:

And my comments to “Host” as this was going on, and again, we were shut out:

Listen to the snippet of the meeting, above, OMFD!