Legalectric

Somebody kill this thing!!!  It just won’t die…

So here we go again — check out our exhibits:

Comment – mncoalgasplant.com

So what were we commenting on this time?  Excelsior Energy says it wants to build a gas plant, and use all the permits and perks it got as a “coal gasification” project.  Over my dead polar bear!

Initial Excelsior Request – May 31, 2012

Commerce Comments

Excelsior’s Response to Commerce IRs June 26, 2012

Can’t we just shut the door on this, lock it tight, and GO HOME?

… and what a downer it is:

Opinion – Unpublished

Question – given this is the first ever ruling about Minn. Stat.216F.081, why is this unpublished?

And, as I commented on the STrib site, what struck me was the court’s misplaced reliance on the Renewable Energy Standard as energy policy in MN.  Xcel holds the 2 PPAs for this project.  Whether they build this 78MW project does not make or break Xcel Energy’s compliance with the RES, Xcel is already ahead of the game, in compliance for years into the future.  Compliance with the state’s RES is not at issue here!  That’s a red herring.

Here’s the Coalition for Sensible Siting’s take:

CSS Appellate Decision Press Release

Here are some articles:

StPPP – Minnesota court of appeals throws out county obstacles to Goodhue wind project

STrib – Wind farm doesn’t have to follow setback rules

RochPB – Appellate court rules in favor of AWA Goodhue wind project

MPR – Court ruling green lights Goodhue County wind turbines

KSTP – Wind Turbine Project in Goodhue County Will Move Forward

It just started pouring again here in Red Wing, yes, we’re on a bluff, yes, that is a boat in the back yard, but maybe we’ll have to get it ready to float!

Flash Flood Warning for Red Wing Area

Thunder, siren going off way in the distance but not here, and getting windy.  Dogs shakin’ and quakin’ fur falling out pacing terrrrrrrified.

Weather radar shows a long SW/NE angled system, the length of it running right through Red Wing:

Will somebody tell me just what is going on here?  Check the photos and videos of Duluth!

If this is the “new normal,” we’ve got trouble!

Excelsior Energy’s Mesaba Project has raised its ugly head again.  There were rumors for a long time that Micheletti wanted to change it to a natural gas plant.  Then they went to the legislature and got the “incentives” for their boondoggle “clean coal” plant, the “innovative technology” that doesn’t work…  they went to the MPCA and their air permit was AGAIN rejected as incomplete, and now they’ve gone to the PUC, requesting confirmation that the permits they have are valid.  Oh, PUH-LEEZE!

Here we go again…

mncoalgasplant.com will be filing comments, no doubt about it!

Would the PUC doesn’t transfer projects like this without amending the permit application, without verification of what indeed it is they want to do?  If you take the original ALJ Decision, the Permit Order and the Permit itself, redact everything related to coal gasification, what’s left?  Not much!  We need to know what they’re planning (if anything, this remains the vaporware project from hell).

This is the letter filed by Excelsior Energy — I don’t recall having received it, but will dig through the piles here, they DO have my correct address (though I note that they sent to Excelsior’s Evans, Greenman and Harrington at their OLD address!):

Excelsior Energy Request – May 31, 2012

Here is the PUC’s Notice of Comment Period, first round due June 29, 2012:

Notice of Comment Period

And what’s most disturbing is the legislative change in 2011, supported, DEMANDED, by Gov. Dayton:

Subd. 3. Staging and permitting.

(a) A natural gas-fired plant that is located on one site designated as an innovative energy project site under subdivision 1, clause (3), is accorded the regulatory incentives granted to an innovative energy project under subdivision 2, clauses (1) to (3), and may exercise the authorities therein.

(b) Following issuance of a final state or federal environmental impact statement for an innovative energy project that was a subject of contested case proceedings before an administrative law judge:

(1) site and route permits and water appropriation approvals for an innovative energy project must also be deemed valid for a plant meeting the requirements of paragraph (a) and shall remain valid until the earlier of (i) four years from the date the final required state or federal preconstruction permit is issued or (ii) June 30, 2019; and

(2) no air, water, or other permit issued by a state agency that is necessary for constructing an innovative energy project may be the subject of contested case hearings, notwithstanding Minnesota Rules, parts 7000.1750 to 7000.2200.

Here’s the link to the full Minn. Stat. 216B.1694.

The Prairie Island Nuclear Generating Plant here in Red Wing, Minnesota.

Today the Appellate Court tossed out the NRC’s “Waste Confidence Decision,” which essentially was the NRC’s statement that they were confident that the nuclear waste problem will be solved (as if!) so let’s just carry on and not worry about it.  The Appellate Court said, in essence, WE DON’T THINK SO:

Court of Appeals – 11-1045 – Waste Confidence Decision

Here’s the latest version of the Waste Confidence Decision that they’re rejecting:

75 FR 81032 – Consideration of Environmental Impacts of Temporary Storage of Spent Fuel After Cessation of Reactor Operation

All I can say is, IT’S ABOUT TIME!!!   And no way will the utilities go for this, so off to the Supreme Court we go!