A “boil water advisory” for oil in water supply?
February 18th, 2015
What are they thinking? A boil water advisory?
Water Service Restored, Investigation Continues After Train Derailment
Washington State & Buy the Farm
February 18th, 2015
OH HAPPY DAY!!!!
Washington State is working on “Buy the Farm,” based on Minnesota’s law, which is an option for landowners facing condemnation for a transmission line to force the utility to buy them out, to “Buy the Farm.” A bill was introduced last Monday in the Washington State House:
House Bill 2047
It’s been referred to House Judiciary — here’s the page for status of bills:
Is this exciting or what?!?! Each state where transmission projects are proposed should get going and enact “Buy the Farm.” I’ve had a request to pass this around far and wide, so here goes!
Minnesota’s “Buy the Farm” law is, so far, the only one in the nation that provides and option for landowners to force the utility to buy them out, rather than just condemn a small easement. This allows landowners to get out from under a transmission line. Here’s Minnesota’s Buy the Farm:
Minn. Stat. 216E.12, Subd. 4. Contiguous land.
+++++++++++++++++
Some Buy the Farm background:
(from No CapX 2020)
Here are some photos I took yesterday of the CapX 2020 transmission project being constructed at White Bridge Rd. over the Zumbro River — UGLY UGLY UGLY, it’s ugly wherever it goes.
From KAAL-TV, filmed yesterday near Pine Island and Oronoco:
A long-time energy activist recently called “Buy the Farm,” Minn. Stat. 216E.12, Subd. 4, MY statute. And in a way, it is… For at least 15 years now, since the Chisago and Arrowhead Project, its been a constant mantra. I’ve been raising “Buy the Farm” in the administrative dockets, the courts and the legislature. If I had a dollar for every “Buy the Farm” flyer I’ve handed out at transmission line meetings and hearings, every mile driven across Minnesota, every hour greeting attendees, every legislator hounded, I’d never have to work again.
In 1999, World Organization for Landowner Freedom went to the Appellate Court after Minnesota Power filed for an exemption of its Arrowhead Transmission Project at the Environmental Quality Board and the exemption was granted by the EQB. Minnesota Power requested this exemption because the line was so short it was exempted from a Certificate of Need, so what the heck, let’s try to get it exempted from Power Plant Siting Act’s Routing requirements as well… and they did. One “unintended consequence” was that because it was exempted from the Power Plant Siting Act, landowners affected by the project were not able to elect “Buy the Farm” because it is part of the Power Plant Siting Act. But of course, I don’t think that was “unintended” at all.
What did the court say to our argument that the landowners didn’t receive notice that exemption would mean they couldn’t elect Buy the Farm? Well, can you spell “raspberries?”
Due process challenge to notice to landowners
Ja, tell that to the landowners under the 345 kV line… (and btw, sufficiency of notice WAS raised).
In 2001, when the legislature changed the definition of “High Voltage Transmission Line” to a transmission over 100 kV, utilities realized it would mean lines such as the SE Metro line or the Chisago Transmission Project would be affected, so they went to the legislature to get the threshold for Buy the Farm raised to 200 kV. There was strong resistance, we stormed the Capitol, showed up and testified, but they won, lined up their toady legislators and got it through. The result? Landowners under all of these 69 kV “upgrades” to 115 kV and 161 kV are not able to elect the “Buy the Farm” option, despite it now being categorized as “High Voltage Transmission.”
Then the utilities began their transmission build-out, and massive it is. Having to comply with “Buy the Farm” would greatly increase their construction costs, though they are required to sell BTF land acquisitions within a few years. And over a decade later, in the St. Cloud area, with the first of the CapX 2020 projects to wind through the courts for condemnation, Xcel fought kicking and screaming against landowner elections of Buy the Farm and demands for relocation compensation. Jerry Von Korff led the charge for landowners and No CapX 2020 and United Citizens Action Network filed an Amicus brief. Xcel lost:
Buy the Farm — A Win For The Home Team!
That decision, for the landowners fighting for their right to elect Buy the Farm and for an award of relocation expenses, was a big slap upside the head for those utilities trying to limit landowner compensation — Xcel fought it through the Appellate Court and all the way to the Minnesota Supreme Court — losers again:
Minnesota Supreme Court Opinion – Court File A11-1116
Did they learn? Naaaaaaaaaah… and here they go again, with another great win for landowners in the District Court:
Minar Order_Buy the Farm
This decision establishes yet another point on the “Buy the Farm” line showing that landowners do have rights, and can elect the Buy the Farm option.
What’s particularly important in this case is that the judge recognized that it’s NOT about the substantive issues of EMF, that causation is not at issue in an eminent domain condemnation proceeding (anymore than it is in an administrative permitting proceeding, but see Power Line Task Force v. Public Utilities Commission (2001) for the appellate view on EMF and the PUC’s responsibility for safe electricity), that experts are utterly irrelevant and should be disregarded and really, shouldn’t have been admitted — that framing by Xcel is distraction:
If only the Public Utilities Commission and the Administrative Law Judges working these cases would get that message.
The trend continues… Buy the Farm is the law in the state of Minnesota. Utilities, get used to it. If you want to take land, pony up.
Will Xcel challenge this District Court decision? We shall see, and if they do, we’ll have Amicus “pen” in hand to again join the fracas in support of landowners.
Traffic: Why We Drive The Way We Do
February 17th, 2015
It’s that time again, time for the “Book of the Day!” Today it’s:
Traffic: Why We Drive The Way We Do (and What It Says About Us)
And you can get it at the library or pretty cheap at the abebooks link above!
Perfect for those of us who love the road but can’t get out there as often as we’d like. Part policy, part psychology, with lots of SOLs! (that’s SNORT out loud)
There are some great snippets in here. A favorite part is about traffic calming, what works, what doesn’t. There was this problem with people going too fast through a deer crosswalk, and they put up signs, and, well, who pays attention. Sign didn’t slow them, sensors with flashing lights when deer were present didn’t slow them, one thing that did get their attention was that someone dumped a deer carcass by the road, that got them to slow down!
Other ideas to slow traffic down, speed bumps (which tend to speed people up!), put a kids bike by the side of the road, a weird sculpture, “a ‘Street Reclaiming Chair,’ a bright throne of sorts, in the middle of a local street and then, wearing a large colorful crown, chat with passing drivers who, not surprisingly, have slowed.” And of course, topless Danish models holding speed-limit signs.
Factoids like: The US pays about 1/2 of the fuel taxes of drivers in Canada, 1/4 that of the Japanese, and 1/10 of the English. Adjusted for inflation, the fuel tax brings in less revenue than it did in the 1960s. YES, INCREASE THE GAS TAX!!!
Lots on street and highway design. Can’t get enough!
Degasify Bakken BOOM crude NOW! No more explosions!
February 16th, 2015
STOP SHIPPING NOW! DO NOT SHIP ONE MORE DROP OF BAKKEN CRUDE UNTIL IT’S DEGASIFIED. NOT ONE DROP, BY RAIL, BY PIPELINE, BY TANKER TRUCK, BY BARGE, NOT ONE DROP UNTIL IT’S DEGASIFIED!
News Reports:
Governor declares state of emergency after oil train derails, sets house ablaze
West Virginia Train Derailment Sends Oil Tanker Into River
Crude Oil Train Derails in Fayette County, WV
From Bakken.com: CSX oil train derails in W. Virginia, 14 cars on fire
It’s happened again, another Bakken BOOM! train derailment and explosion. And where did the wreck happen? BOOMER BOTTOM, West Virginia… really! At least 14 cars are reported derailed, one went into a home and blew up, destroying the home. Water supply is drawn from the river and has been shut off, oil on the river is burning. Route 61 has been shut off at the Montgomery bridge. Power is off because flames melted powerlines. Two towns evacuated, one person hospitalized so far, no deaths reported yet.
How many explosions; how many homes, businesses, riverbanks must be burned and leveled; how many people must die before the DOT puts its foot down? DEGASIFY! How long are we going to take this?
This is not rocket science. Bakken oil is exceedingly, dangerously volatile, much more so that typical crude. It MUST be degasified before it is transported by any means, by pipeline, by rail, by truck, NO, DO NOT SHIP, it’s an explosion waiting to happen.
Here’s the DOT letter regarding degasifying:
I hope you’re as pissed off about this as I am — and remember, it’s better to be pissed off than pissed on. Please take a few seconds and dash off a note to our Senators and Representatives to demand that Bakken crude be degasified before it’s shipped, starting NOW!
Send a simple message to all federal Senators and Representatives:
Shipping this Bakken oil without degasifying it first is TOO DANGEROUS. IMMEDIATE MORATORIUM on shipments of Bakken oil, not one drop to be shipped until it is degasified, whether by rail, pipeline, truck tanker, or barge, not one drop moves until its degasified.
In Minnesota:
Minnesota Representatives — name is linked to their site:
District Name Party Room Phone Committee Assignment 1 Walz, Timothy J. D 1034 LHOB 202-225-2472 Agriculture
Armed Services
Veterans’ Affairs2 Kline, John R 2439 RHOB 202-225-2271 Armed Services
Education and the Workforce3 Paulsen, Erik R 127 CHOB 202-225-2871 Ways and Means 4 McCollum, Betty D 2256 RHOB 202-225-6631 Appropriations 5 Ellison, Keith D 2263 RHOB 202-225-4755 Financial Services 6 Emmer, Tom R 503 CHOB 202-225-2331 Agriculture
Foreign Affairs7 Peterson, Collin C. D 2204 RHOB 202-225-2165 Agriculture 8 Nolan, Rick D 2366 RHOB 202-225-6211 Agriculture
Transportation
Here’s the quick message I sent — so simple:
Another Bakken BOOM! train has exploded in West Virginia. These trains go through Minnesota every day, here in Red Wing every day, and look what happens! They explode. All Bakken crude must be degasified before shipment by ANY means. Please get on this today and introduce a bill requiring degasificaiton of Bakken crude before shipment.
Take a few minutes and just do it. NOW!
And in the meantime, here’s an insurance industry take:
‘Degassing’ North Dakota Crude Before Shipping Among Safety Ideas
e21 Planning Meeting announced
February 13th, 2015
Hot off the press — Notice of a Commission Planning Meeting:
The meeting details:
2:00 p.m. on Thursday February 26, 2015
Minnesota Public Utilities Commission
121 – 7th Place East, Suite 350, Large Hearing Room
St. Paul, MN 55101
Here we go — the PUC has announced a “planning meeting” for this e21 Initiative based on the filing of Xcel Energy last month. What filing? Well, this one:
Here’s what the PUC says they’re going to do at that meeting:
Why is the Commission going along with this to the extent that they are? Well, they do have connections, and for sure PUC Commissione Nancy Lange, who is listed as Advisory Committee on the Citizens League e21 promotional group, should NOT be participating at the Commission, in discussions or by voting (see Appendix B, p. 1, of the Citizens League Policy Framework to Optimize Efficiency of the Electrical Energy System_Phase2):
Citizen’s League’s mighty presumptuous charge from this report, to recommend e21 and draft legislation!!!
And remember, Xcel, in its letter they asked the Public Utilities Commission for a meeting:
Throughout this e21 filing they say, repeatedly, that this is a “package,” and the consensus depends on this being a “package,” which is reminiscent of the “it’s a deal, a package deal, and it’s a good deal” of the 2005 Transmission Omnibus Bill from Hell. We saw how that “good deal” worked, how it worked for the public, and who it was “a good deal” for. Disgusting…
But that big red flag is not all — they also asked that no Comment Period be scheduled:
Thus, we respectfully request that the Commission delay initiating a comment period to allow for additional collaboration prior to the start of a formal proceeding.
Really! Because clearly some stakeholders are more stakeholders than others, I filed a Petition for Intervention to get a foot in the door and notice of festivities:
So if you’re wondering what all this means, that it’s a little obfuscated between the lines, come on down to the Public Utilities Commission Planning Session. If you want to make comments either file them or bring written ones to hand out, because there’s no set time for public comments:
2:00 p.m. on Thursday February 26, 2015
Minnesota Public Utilities Commission
121 – 7th Place East, Suite 350, Large Hearing Room
St. Paul, MN 55101