Legalectric

More on the special legislation for Black Oak and Getty Wind Projects!

Remember that hard-to-believe Senate Energy Committee meeting a couple weeks ago?

Bill to extend Getty/Black Oak wind contracts?

It’s an amendment to the Senate Ominous Energy bill to extend the term of wind rights contracts.  What they’ve decided can’t be done in the contracts (DOH — is there a reason they’re having trouble?), they’ve decided to do unilaterally, legislatively, in special legislation incorporated into the Senate Energy Ominous Bill, S.F. 1431 (1st Engrossment):

Here’s the audio of the Committee meeting:

   (04:31:52) Part 2

It’s been getting some attention, and not the kind of attention they want… GOOD!

Contract extension could leave landowners flapping in the breeze

And, oh, there she goes again:

“This is a really poor way to do policy,” said Carol Overland, an attorney who has represented residents opposed to Black Oak. “… It’s crafted in such a way that they don’t name it. Therefore, they would say it’s not special legislation. But it is designed only for this project.”

I just happened to be at that hearing, objecting to the e21 Initiative language in S.F. 1735 which was to have been incorporated into the Energy Ominous Bill… and heard this and other amendments that were shocking!  Had I not been there, who would have noticed this special legislation?  Thing is, “special legislation” happens in Minnesota all the time, particularly on energy issues, just look at all the utility personal property tax exemptions, and at all the bills framed around Xcel Energy, f/k/a Northern States Power.  Special legislation shouldn’t be happening, but nobody seems to care.  They pretend that because it isn’t named in the bill, it’s not “special legislation.”  We know better.  And Sen. Weber, in introducing this A-12 amendment for Black Oak Getty Wind, specifically said that it was for the “Black Oak Getty Wind Project” which is what got my attention.  And the article quotes some of what he said (why not the part using the words “Black Oak Getty Wind Project”).

“The project is in its early stages of construction. However, it will not be completed by the time the seven-year period expires,” Weber said in the hearing. “The purpose of this amendment is to thereby extend that seven-year period by one year to an eight-year period. The amendment is very specific as to the description of the project and it is this project.”

Yes, this is special legislation, and it’s not OK.

From Green Delaware, there’s action in Delaware in support of U.S. Senate Bill 859, the Rail Safety Act of 2015, urging something similar in the House:

There’s Iowa Gov. Terry Branstad showing how it’s done!  He’s just axed Sheila Tipton from the Iowa Utilities Board, shortly after it made a decision that MidAmerican Energy did not like.  Three days after that Feb. 6 decision, the company had a meeting with the Gov, and they openly admit that!  Really?  That’s OK?

As of March 2, Sheila Tipton is out… He also demoted the Chair Libby Jacobs!  Guess when MidAmerican complains, Branstad hops to it!

Dissing the Iowa Utilities Board

When Foley asked about Tipton, he was told that top officials from MidAmerican Energy had met with Branstad on Feb. 9 to criticize a Feb. 6 Utilities Board ruling in a rate case. The amount of money involved was not large by utility standards, and both the governor’s office and MidAmerican officials denied any connection between the ruling and the change in Utilities Board membership. 

Some people believe that; some don’t.

Foley’s story mentioned one other possibility: A pending proposal to build a 500-mile transmission line to carry wind energy from northwest Iowa to customers in Illinois.

Tipton had recused herself from that case because of her previous legal work for the owner of the owner of that transmission line. Branstad’s spokesman told Foley the governor wanted three voting members on the board when it considers the transmission line case and whether eminent domain should be used. The reason was that a single “no” vote could stall the project if the board had only two voting members. 

Gov. Branstad Accused of Allowing Energy Company Dictate Who Serves On Iowa Utilities Board

Regulator calls removal favor for MidAmerican

“The company had complained about a ruling requiring the company to use some proceeds from a $280 million wind energy investment to reduce customers’ rates.”

This was a $2 million annual return to ratepayers/rate reduction.  Less than 1% of the capital cost of the project, on which they will be making how much?  By owning it themselves they’re eliminating paying the middleman as they would with a PPA, and they’re getting the tax credits, and they’re also probably selling the energy for export.  They are also the utility that just built a BIG coal plant on the western edge of the state at the “MidAmerican Energy Center” and are also the utility that is building  part of the MISO MVP transmission highway across the top of Iowa, coincidentally starting connected to the 345 kV line attached to their big coal plant… applications have been filed for this project.  Tipton had recused herself from this transmission project docket as she’d represented MidAmerican!  Something tells me Braindead didn’t want to take chances on that transmission with any scrutiny of the project!

Here are the MISO MVP 345kV connections to the existing system to build the Energy Export Interstate System!

But with the new appointee…

Branstad appointee faces potential conflict in pipeline case

Must mean Braindead doesn’t mind if she recuses herself from that case, after all, she might be biased toward landowners!  Better if she not be a decider on that, eh?