Legalectric

Last night there was a hearing in Mankato on the Xcel Energy rate case (Docket E002/GR-15-826).  Public participation in Public Utilities Commission dockets is supposed to be a happenin’ thang…   But there were no witnesses to question yesterday at the public hearing, and the Xcel representative who was there could not answer questions.  Worse, there was no commitment to have witnesses available to the public at the public hearings, and only advice that the public could attend the evidentiary hearing.  ATTEND?!?  When might we be able to question witnesses?

Sent this Data Practices Act Request this morning to round up the Information Requests and Responses regarding transmission, transmission riders, MISO and FERC:

Data Practices Act Request

Xcel Energy wants to shift its transmission rate recovery from CWIP and AFUDC to general rates, but there was no one there to talk about it.  These are the MVP projects at issue, in Schedule 26A, below, which are worked into MISO tariff and FERC blessed:

And here’s the projects in Schedule 26, below, but hmmmm, no project costs shown (click for larger view):

I entered these exhibits:

Exhibit 1A – XcelCover_e21_Request for Planning Meeting and Dialogue – PUC Docket 14-1055

Exhibit 1B – e21_Initiative_Phase_I_Report_2014 – Xcel Filing PUC Docket 14-1055

Exhibit 2_MISO Schedule 26A Indicative Annual Charges_02262014

Exhibit 3 – FERC EL-14-12-002_ALJ Order – ROE on MISO Transmission

Next meeting I’ll have some more:

e21_MikeBull_Center for Energy and Environment

MISO Schedule 26 Indicative Annual Charges

1Q_Earnings Release Presentation_5-9-2016_1500085150

Investor Presentation – NYC-Boston_3-1-2=16_1001207698

Investor Presentation – NYInvestorMtgs_5-10-2016_1500085349

2015 10K – Xcel Energy

2015 10K – NSP

Back to last night’s hearing…

Check the rules about public participation:

1400.6200 INTERVENTION IN PROCEEDINGS AS PARTY.

Subp. 5.  Participation by public.

The judge may, in the absence of a petition to intervene, nevertheless hear the testimony and receive exhibits from any person at the hearing, or allow a person to note that person’s appearance, or allow a person to question witnesses, but no person shall become, or be deemed to have become, a party by reason of such participation. Persons offering testimony or exhibits may be questioned by parties to the proceeding.

Another, the PUC practice rules:

And yet another:

And this one (though they’ll say it isn’t applicable because a rate case isn’t part o the Power Plant Siting Act):

The DOE is hosting a meeting on “consent-based” nuclear waste siting?  Who are stakeholders?  What does it take to become a “stakeholder?”  Who has legitimate authority to give consent for storing nuclear waste?  Who would agree?  And who would agree and on whose behalf, i.e., City of Red Wing, Goodhue County agreeing on behalf of those of us living here?  AAAAAAAAACK!?!?!  And given how the Minnesota legislature has dealt with nuclear waste, mandating siting “in Goodhue County.”

DOE Meeting

Thursday, July 21 from 5-9 p.m.

Hilton – 1001 Marquette

Minneapolis

From the south, hop on light rail at Ft. Snelling, and transfer or hoof it down to 10th & Marquette.

If you can’t make the meeting, check the Invitation for Public Comment in the Federal Register and email Comments to consentbasedsiting@hq.doe.gov by July 31, 2016.

Info available online at energy.gov/consentbasedsiting and the DOE’s informational booklet.

From the DOE:

The purpose of the consent-based siting public meeting is to hear from the public and interested stakeholders on what matters to you as the Department of Energy moves forward in developing a consent-based process for siting the facilities needed to manage spent nuclear fuel and high-level radioactive waste. The agenda includes a presentation from the Department of Energy’s Acting Assistant Secretary for Nuclear Energy, John Kotek. Mr. Kotek will discuss the nuclear energy activities that have brought us to this point, as well as describe the Department’s vision for an integrated waste management system and the need for a consent-based approach to siting. This presentation will be followed by a panel session with several experts providing diverse perspectives on the primary issues that need to be resolved in the design and implementation of a consent-based process. Participants will then have the opportunity to comment or ask questions to the Department and the panelists.

Following this session, there will be facilitated small group discussions on a variety of topics related to consent-based siting and integrated waste management. These small group discussions will provide the opportunity for participants to engage more closely on topics of interest to them. The Department intends for these small group discussions to be frank and open sessions on key topics that will inform the design of a consent-based process. The consent-based process will in turn serve as a framework for working with potential host communities in the future.

The agenda also includes a public comment period and two open houses with poster sessions before and after the formal meeting. The open house sessions provide participants with an opportunity to engage in less formal discussions with the Department and other meeting attendees.

Philando Castile.  Another police shooting death, another police murder.  How do we turn this around?  Why do police officers have their hands on their guns, and not tasers?  Was nothing learned from Jamar Clark’s shooting?  It goes beyond a matter of prosecuting the shooters, it goes beyond training, it goes to the fear, profiling, and systemic racism that triggers these shootings by police.  Again, how do we turn that around?

What to do, what can be done… and it seems to me here’s a start: It’s time for systemic change to address the race/class/religious profiling and fear, for police protocol putting tasers as the first option (not guns), training all police officers on the use of deescalation techniques, raising the legal threshold for justifiable use of force, and a serious look at police psych testing and reevaluation of criteria for hiring.  After the fact, we need an independent investigation, truth, and restorative justice process.  Attend vigils and demonstrations, particularly us white folks.  We can push in all venues, and action sure helps the existential angst!

Minnesota House Members

Minnesota Senate Members

Federal — Members of House and Senate

A vigil for Castile being planned for 5:30 p.m. today at J.J. Hill Montessori Magnet School, where he worked and was well-respected. He was a cafeteria supervisor there and had worked St. Paul Public Schools since 2002.

Diamond (used Lavish fb account) Reynolds, Castile’s girlfriend, recorded this right after the shooting last night and posted it to facebook — facebook disappeared it for a while, but it’s back, and even the STrib has posted it, that probably won’t disappear.

Video recorded by Diamond Reynolds, via STrib.

The whole world is watching… It’s gone national, the police murder of Philando Castile, pulled over for a tail light out, and shot while sitting in his car while following directive of police to produce his license and reaching for his wallet.

From the New York Times:

Philando Castile Shooting in Minnesota Leads Governor to Seek U.S. …

And NPR:

‘I’m Outraged’: Mother Of Philando Castile, Slain By Police, Speaks Out …

Who was Philando Castile? From the St. Paul School District:

“Saint Paul Public Schools and its staff grieve the tragic death of a former student and current employee, Philando Castile.

He graduated from Central High School in 2001 and had worked for Saint Paul Public Schools (SPPS) since he was 19 years old, beginning in 2002, in the Nutrition Services Department.

Mr. Castile was promoted to a supervisory position two years ago and was currently working in one of our schools during the summer term.

Colleagues describe him as a team player who maintained great relationships with staff and students alike. He had a cheerful disposition and his colleagues enjoyed working with him. He was quick to greet former coworkers with a smile and hug.

One coworker said, “Kids loved him. He was smart, over-qualified. He was quiet, respectful, and kind. I knew him as warm and funny; he called me his ‘wing man.’ He wore a shirt and tie to his supervisor interview and said his goal was to one day ‘sit on the other side of this table.’”

Those who worked with him daily said he will be greatly missed.”

And thanks to the STrib for posting a transcript of Diamond Reynolds’ video:

Lavish Reynolds: Stay with me. We got pulled over for a busted tail light in the back and the police he’s he’s he’s covered [inaudible]  they killed my boyfriend. He’s licensed he’s carried so he’s licensed to carry. He was trying to get out his ID and his wallet out his pocket and he let the officer know that he was that he had a firearm and he was reaching for his wallet and the officer just shot him in his arm.

Officer: Ma’am, keep your hands where they are.

Reynolds: I will sir, no worries, I will.

Officer: [Yells expletive.]

Reynolds: He just got his arm shot off. We got pulled over on Larpenteur.

Officer: I told him not to reach for it. I told him to get his head up.

Reynolds: He had, you told him to get his ID, sir, his driver’s license. Oh my god please don’t tell me he’s dead.

Officer: [Expletive.]

Reynolds: Please don’t tell me my boyfriend just went like that.

Officer: Keep your hands where they are please.

Reynolds: Yes I will, sir. I will keep my hands where they are. Please don’t tell me this Lord please Jesus don’t tell me that he’s gone. Please don’t tell me that he’s gone. Please officer, don’t tell me that you just did this to him. You shot four bullets into him, sir. He was just getting his license and registration, sir.

[Silence]

Officer: Get the female passenger out.

Other officer: Ma’am exit the car right now with your hands up. Let me see your hands. Exit now. Keep ‘em up, keep ‘em up.

Reynolds: Where’s my daughter? You got my daughter?”

Other officer: Face away from me and walk backwards. Walk backwards towards me. Keep walking. Keep walking. Keep walking. Get on your knees. Get on your knees. Ma’am you’re just being detained right now until we get this all sorted out OK?

Reynolds: They threw my phone Facebook. Please don’t tell me Lord Jesus please don’t tell me [inaudible].

Officer: Let me see your purse. You have any weapons or anything?

Reynolds: No. Please don’t tell me my boyfriend is gone. You can take it off my hand. Please don’t tell me he’s gone. Please Jesus no. Please no. Please no don’t let him be gone Lord.

Officer: [Expletive]

Officer: [Expletive]

Reynolds: He told him to get his license and registration. He told him he was licensed to carry and that he had his gun on him and then he started shooting. He started shooting for no reason.

Officer: [Expletive]

Officer: [Expletive]

Officer: [Expletive]

Officer: [Expletive]

Officer: [Expletive]

Reynolds: His wallet and license and registration you told him to get it, sir. You told him and he tried to tell you he had a license to carry and was gonna take it off. Please don’t tell me my boyfriend’s gone. He don’t deserve this. Please. He’s a good man he works for St. Paul Public school. He doesn’t have no record of anything. He’s never been in jail anything. He’s not a gang member anything.

Reynolds: [inaudible] and that you cover him Lord. That you allow him to still be here with us Lord. Still with me [inaudible] Lord. Please Lord wrap your arms around him. Please Lord make sure that he’s OK, breathing Lord. [inaudible] Please Lord you know our rights Lord you know we are innocent people Lord. We are innocent people. We are innocent. My four-year-old [inaudible]

Reynolds: Could you please get my phone for me?

Other officer: I’ll talk to my supervisor.

Reynolds: It’s right there it’s on the floor. It’s right there.

Other officer: Could you just stand here sweetie?

Child: I want to get my mommy’s purse.

Other officer: I’ll take care of that OK? Just stand right here for me.

Reynolds: Stay right here. Before you take the handcuffs off of me can you [inaudible]

Other officer: Can you search her before [inaudible]? I can’t it’s got to be processed OK?

Reynolds: Come here (to child).

Other officer: Is that your phone?

Reynolds: We’re in the back seat of the police car. [inaudible] call me the police just shot my boyfriend for no apparent reason. My phone is about to die. They shot him. He shot him three times because we had a busted tail light. He asked him for license and registration he told him that it was in his wallet but he had a pistol on him because he’s licensed to carry and the officer told him don’t move and as he was putting his hands back up the officer shot him in his arm about four or five times. I’m on Larpenteur and Fry. Whoever can come to Larpenteur and Fry that’s where I’m at. I’m gonna need a ride home. We’re on Larpenteur and Fry. [inaudible] if you can come to Larpenteur and Fry we’re right here in Roseville. Got the Roseville Police they got me handcuffed, my phone is about to die. I’m on Larpenteur and Fry and the Roseville Police Department just shot my boyfriend. They shot him four times. He’s licensed to carry. We had a busted tail light. And we had some weed in the car that’s about it.

It was a Chinese police officer that shot him. He’s Chinese he’s about 5.5, 5.6-1/2, heavy set guy. He asked him for his license and registration which was in the back of his pocket because he keeps his wallet in his pocket. And as he went to reach he let the officer know before he was reaching that he had a firearm on him and before he can let the officer know anything the officer took off shots. About 4 or 5 rounds were shot and my boyfriend I don’t know what condition he’s in. I don’t know if he’s OK or if he’s not OK. I’m in the back seat of the police car, in the back seat of the police car handcuffed. I need a ride. I’m on Larpenteur and Fry they’ve got machine guns pointed.

Reynolds: Don’t be scared. My daughter just witnessed this. The police just shot him for no apparent reason. No reason at all. They asked for license and registration. That’s the police officer over there that did it with the black on. I can’t really do shit because they have me handcuffed.

Child: It’s OK mommy.

Reynolds: I can’t believe they just did this I’m [expletive] [screams].

Child: It’s OK, I’m right here with you.

Reynolds:[Cries]

Reynolds: Y’all please pray for us Jesus please y’all. I ask everybody on Facebook everybody that’s watching everybody that’s tuned in please pray for us. Sister I know I just dropped you off but I need you to pick me up I need [inaudible] to call my phone.

Way back during the CapX 2020 proceeding, it became clear that Rochester Public Utilities planned to build gas generation just west of town, at the “Westside” site.  But this was downplayed, and ignored by the ALJ, because it would be evidence that CapX 2020 wasn’t “needed.”  And of course demand was way down, which we knew but which was also ignored, and that was one more reason CapX 2020 wasn’t needed.  The Rochester gas generation was delayed.

But recently they announced the new gas pipeline around the city, and now, the gas plant.  Today, from the MPCA:

MPCA requests/expects certain things to be addressed in Comments, “you must state” per the MPCA:

(1) Your interest in the permit application or the draft permit.
(2) The action you wish the MPCA to take, including specific references to the section of the draft permit you believe should be changed.
(3) The reasons supporting your position, stated with sufficient specificity as to allow the MPCA to investigate the merits of the position.

Send Comments to:

Rachel Yucuis
Industrial Division
Minnesota Pollution Control Agency
520 Lafayette Rd
St. Paul, MN 55155
Phone: 651-757-2863
Email: rachel.yucuis@state.mn.us

Time for a nap.  Just filed Comments on the USDA RUS’s Environmental Assessment for Dairyland’s Q-1 D South transmission line.  Here’s the EA:

Q1-South_Environmental Assessment

And here are the Comments I filed on behalf of No CapX 2020:

No CapX 2020 EA Comment_July 1, 2016

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

Oh, and the interesting thing is that just this morning, I got a copy of the “Briggs Road-La Crosse Tap 161 kV Rebuild Study”  Thank you, Chuck Thompson!