Legalectric

The new editor/publisher, Louie Seesz, is off to an inauspicious start. First the Guest Column change. Now this… The article printed in the November 19, 2005, Northfield News had a PATENTLY FALSE STATEMENT, as well as some incorrect quotes and conflations. The biggest problem is in the secondary headline, where the News FALSELY stated:

Judge deems suit against county as “frivolous.”

Here’s a link to the article. Nope, can’t link to it because it’s not all there in the online version.

Here’s a link to the Order: Download file

It’s clear — this Order is dismissing the suit on “jurisdictional” issues, it was not dismissed as frivolous, and it was not dismissed with prejudice. This case has not been decided on the merits.

The reporter I spoke with said he had the Order — if so, what yahoo wrote this headline?

And for the record, I did not say that it was dismissed because a reply was not filed! I said that the judge had stated in the Order that the Reply had not been filed until the morning of the hearing, that the statement in the Order was not true, and I have the fax receipt and a cancelled check to prove it!

I don’t understand why Reuvers would be saying on Tuesday that RCLUA “planned” to refile when it very clearly had been served, filed, served on the AG’s Office, MPCA and published in the paper the week prior. He got a copy of the Summons and Complaint, and I sent him an affidavit of Service on the AG’s office and MPCA (Affidavit from Faribault Daily News hasn’t been received yet). It’s old news, nothing “planned” about it, it’s real. But he can say whatever he wants. The article states “He says it is a little tiring to have to deal with the same issue twice.” This hasn’t been addressed on the merits once, so we have yet to see how they deal with it on the merits!

Here’s what Reuver’s has sent — Download file

My legal opinion? Here’s my response: Download file

That’s legalese for “WHAT A LOAD!”

And then, back to the article, there’s Gordon Kelly, the guy who loves to slam members of the public for participating in public hearings and asking questions, who joins in the after hearing Planning Commission discussion in favor of calling the sheriff on me for passing out blank forms for public comment on the AUAR, it’s just to funny to hear him talk of this suit damaging the county’s reputation! Damaging the county’s reputation? After the actions of the Planning Commission and County Board, how could the county’s reputation on these issues get any worse — but what else can they say when confronted with the truth of their multiple violations of environmental rules? Violation of environmental rules is not an isolated thing, but a pattern of behavior, and one that must be corrected. How to correct it? How to hold them accountable? Seems to me the best way is to require they get environmental training so they can’t claim not to know the state’s Rules — and that’s what we’re asking for in this suit. Gordon Kelly states that “It was pointed out to us that Rice County is following the environmental rules.” Earth to Mars, reread that Order, the part quoted in the paragraph below your statement in the Northfield News article, which says:

Although this lawsuit is dismissed, the Court notes that the lawsuit does provide Rice County with an opportunity to fully review whether its environmental review practices are fully in compliance with environmental rules and regulations.

We’re asking for education and training regarding environmental review and rules. Will somebody please explain why the County finds the education and training regarding environmental review and rules so onerous?

This case has not been addressed on its merits, and it will be. It’s been refiled, the “jurisdictional” issues are remedied, and we’re going forward.

Hopefully the Northfield News will have a greater understanding and command of the English langage and will exercise their word processor and printing press with more accuracy.

You didn’t think you were going to get a free ride on the back of democracy forever, did you?

–Welch, in THE GOD OF HELL

From Actors Studio Drama School Theatre at Westbeth

Haynes: Do you know what Plutonium is named after, Frank?. . .Pluto– the God of Hell. . .Do you know how long it remains radioactive and biologically dangerous once it’s released into the atmosphere?. . .Five hundred thousand years.

Frank: That’s a long time.

Haynes: It is. The most carcinogenic substance known to man. It causes mutations in the genes of the reproductive cells. . .Major mutations. A kind of random compulsory genetic engineering that goes on and on and on.

It was a “solar” jaunt, to Frank Theater’s “The God of Hell” at the Loring Playhouse, a bunch of solar energy fans paying homage to Pluto, and it was nothing we didn’t already know but distressing and depressing nonetheless. Thankfully, we had a productive time conspiring afterwards, and maybe a new enterprise is forthcoming… mysterious, of course, it’s all about Pluto, but stay tuned.

The God of Hell has gotten around…
London
Chicago
Off Broadway

Welch: Don’t act so surprised, Emma. What did you expect? You didn’t think you were going to get a free ride on the back of democracy forever, now did you? Did you?! What have you done to deserve such rampant freedom? Such total lack of responsibility? Just lolling about here in the Wisconsin wilderness with your useless lumberjack of a husband, scraping the cream off the countryside. Sooner or later the price has got to be paid, don’t you think? Our day has come.

Mesaba marches on. To prepare, I’ve been researching, reading piles and piles of reports, studies, zzzzzzzzzzzzzzzzzzzzzzzz. But some are proving worthwhile. And as a cohort just asked, “Are we having fun yet?” Ja, you betcha!!!!

Remember Wabash River, the plant that Mesaba is based on, the one with all the “lessons learned” that Mesaba should incorporate?

Remember the DOE’s Wabash River “Final Report” that said coal gasification emissions were awfully good, but there was a serious water problem, and the plant was “routinely” in violation of its water permit for levels of selenium, cyanide and arsenic?

Well, let’s dig a little deeper, all puns intended, and look at the serious problems with the North Dakota coal gasificationi plant. This EPA Report details the contaminants (they call them constituents!?!) that have already leaked into the surface and groundwater.

From what I’ve found thus far, water quality is the big issue in coal gasification.

In the Ndebele culture, they paint their homes, including representations of what they want, but can not or do not have. It’s all connected — here’s a couple examples with electrical fixtures.

And our culture is filled with images of what we want but shouldn’t want or have… it’s long overdue to reframe our expectations and live sustainably.

A prime example of what we don’t need, and what is not sustainable: MESABA

Oh, my, look who got appointed to the Red Wing Charter Commission?!? Veektor said “GO FOR IT!” and I did… thanks for the push!

From the Red Wing Republican Eagle:

In other news:

Appointments: Council approved Mayor Donna Dummerâ??s appointment of two new Charter Commission members: M.A. Sal Baringer and Carol Overland. Their terms will expire Dec. 31, 2009.
On Oct. 24, the City Council approved two other appointments by Dummer: Bob Lewis to the Human Rights Commission and David Hallstrom to the Heritage Preservation Commission. Lewis replaces Rocky Grove, while Hallstrom replaces Lisbeth Bulter; both resigned. Lewisâ?? term expires Dec. 31, 2006; Hallstromâ??s ends Dec. 31, 2005.
Meeting watch: The meeting lasted 35 minutes. About a half-dozen people attended, plus members of Girl Scout troop 4600, who led the Pledge of Allegiance. Council member Gary Peterson was absent.
â?? compiled by Mike Longaecker, staff writer

Monday the 14th was the day that Comments were due to the Dept. of Energy regarding the Scope of the Environmental Impact Statement that is to be done in conjunction with the state’s EIS.

Here’s where the “preferred site” is, from a STrib article:

Here’s the notice with more details on Mesaba than we’ve ever seen before.

My Comments: Download file

Here are the Sierra Club Comments on the DOE’s EIS.

Clean Water Action Alliance Comments: Download file

ME3/Waltons Comments: Download file

From Excelsior’s website:

And for those of you who need more, here’s the most recent update from the MAPP SPG meeting minutes on transmission for Mesaba:

Mesaba Generation: Steve S. reported that the last update on this project was given on May 5, 2005 meeting. The ad-hoc committee for the studies consists of AEP, MP, GRE, XEL and MH. For the first unit (MISO project no G477) rated 530 MW located at Hoyt Lake (near LTD Taconite) the designated point of interconnection is Forbes 230 kV bus. The plant was designated as network resource. Last March, screening and stability results were completed. This project assumes that Arrowhead â?? Weston project is in place. Some 230 kV breakers at the Forbes bus would need to be replaced. The Phase II study, which is the system impact study, started on May 11, 2005 by PTI. It uses summer peak load flow cases. One 115 kV MP line is overloaded (including in the base case as well). MP is completing the short circuit studies. There were some problems with the 2005 stability model, as a result stability studies were delayed, but they are now under way. The results will be reviewed at an October 7, 2005 meeting.

For Unit 2, rated up to 600 MW (Project no G519), an alternate location north of the taconite plant was proposed. The in-service date is one year later at 2011. The point of interconnection is the Blackberry 230 kV bus. It is assumed that the Boswell â?? Wilson 230 kV (in-service 2010) will be built by this date, but the Maple River â?? Benton 345 kV line will not likely be completed (in-service 2012). This unit will require conversion of existing Blackberry â?? Benton and Blackberry â?? Arrowhead from 230 kV to 345 kV and construction of a new Blackberry â?? Riverton 230 kV line.

Mesaba marches on…

And the same meeting minutes note that they’re planning, as if the six “Phase I” projects weren’t enough, they’re planning on resubmitting the Chisago Transmission Project application before year end! But we’ve been hearing that since 2001.