Legalectric

Fair use – from Enbridge’s Line 3 website

Looks like a lot of folks are angry with Judge O’Reilly’s Enbridge Line 3 decision.

Findings of Fact, Conclusions of Law, and Recommendation

Oh well… she had to make some decision and I think she did an excellent job of weighing all the factors, getting into the details in a very difficult case, and come up with a Recommendation that pisses everyone off!  That’s something that takes a LOT of work and is very hard to do!

Here’s a post on it with an insightful/inciteful framing of the decision and what it means:

Pipeline “poison approvals”: a new trend?

In the press, people are getting wound up.  From MPR:

Dayton: No ‘viable way’ to build new Line 3 pipeline on current route

From the MPR piece: The Leech Lake Band of Ojibwe has denounced the judge’s recommendation, calling it “a clear attack on sovereignty and Tribal communities.”

My take is that O’Reilly laid out the Leech Lake Band’s sovereignty and power and the lay of the land as it exists now — the easements are there now, allowing Enbridge to use the land until 2029.  This recommendation sets the stage for the easement renegotiation in 2029, where the Band has power to say “NO!” and Enbridge is very afraid of that, facing either outright refusal or greatly increased easement payment as the obvious outcome.  This Recommendation, and use of the existing easement gives Leech Lake greater leverage going forward, and might even move those easement negotiations up in time.  If that renegotation is a decade in the future, Enbridge will also by then be operating in a very different world than exists right now, with decreased oil use and demand.  O’Reilly also noted that if a new corridor were used with this, given state non-proliferation, Enbridge would logically seek to use that corridor for all its pipelines going forward.

Along this line (but note that LaDuke, Honor the Earth, is the one quoted, and there are no quotes from Leech Lake or Fond du Lac tribal officials, who should be the ones weighing in here):

Minnesota Pipeline Ruling Could strengthen Tribes’ Legal Case Against Enbridge Line 3

And more, this with quotes from tribal officials:

Major pushback against Line 3 recommendation

In a statement Tuesday, April 24, the Leech Lake Band of Ojibwe described the recommendation as “anti-sovereignty” and said that it “puts undue burden on the Leech Lake Band of Ojibwe to hold the risk of the pipeline replacement and to revoke the permit.”

“The judge has made this horrific recommendation without even holding a single ALJ hearing on the Leech Lake Reservation and gave a recommendation on a route that has not had the same level of environmental review,” wrote Ben Benoit, the band’s environmental director.

Once more with feeling — If you have comments, objections, there’s been a notice issued regarding submission of “Exceptions” which are due May 9, 2018:

20184-142282-01_Exceptions Notice

Line 3 proposed and alternate routes

The Administrative Law Judge’s Recommendation is out:

Findings of Fact, Conclusions of Law, and Recommendation

Enbridge should be glad they got this Recommendation.  There’s something for everyone in this decision, and there’s something for everyone to object to — which tells me it’s a job well done.  It’s a fascinating read, exposing the misrepresentations of Enbridge about quite a few material issues, particularly about Enbridge circumventing FERC requirement of removing the pipeline, the paucity of the “jobs jobs jobs” claim, and the need to renegotiate easements with tribes, which factors into Enbridge’s “inexplicable” easement acquisition for up to 4 pipelines as it finagled for this Line 3.  READ THE Findings of Fact, Conclusions of Law, and Recommendation!  Judge O’Reilly did a great work in digging through the literally tons of materials in this docket.  The misrepresentations and omissions are so blatant that there’s a firm basis for requiring disclosure and correction of their application, and were I the ALJ, outright denial of their application!  They’ve been caught.  It’s all well documented in the Recommendation.

Something near and dear to me about this — note the “SA-04” alternative route — it goes right through two of the Freeborn County townships dealing with the Freeborn wind project. Notice?  See p. 47-48.

Guess the Certificate of Need “Notice Plan” and notice requirements are worthless…

Apparently the karst is more important than notice:

And the DNR supported this option?!?!

However, SA-04 was deemed not a viable alternative:

If you have comments, objections, there’s been a notice issued regarding submission of “Exceptions” which are due May 9, 2018:

20184-142282-01_Exceptions Notice

Here’s how this is interpreted by the press:

‘There’s a ton riding on this’: Enbridge pipeline project dealt blow in Minnesota

Enbridge faces new Line 3 setback in Minnesota ruling

Judge: Enbridge Line 3 project should follow existing route

Ruling: Minnesota regulators should approve new Line 3 pipeline — if it follows current pipeline’s route

 

Center of the American Experiment is at it again, twisting obvious facts, and losing credibility in the process, well, not that they have any…  They must be getting paid big bucks to continue this distortion and disinformation campaign.  And maybe it’s just an attempt to get their name out there, as if they’re a “think” tank, and not a tank of hot air.

Your Taxes, My Friend, Are Blowing in the Wind

There are issues with wind, particularly about siting — the way projects steamroll into communities, putting up turbines too close to people who are already there — bringing the nuisance to the people where the community does not consent.  Very valid issues, particularly where wind companies, on top of that, are violating their permits.  We as a society need to address these issues now so that people are no longer steamrolled, and we need to figure out a way to deal with projects already improperly sited.  If not, well, it’s hard to imagine how any wind project could be sited going forward!

What’s  Center of the American Experiment up to?  This time, it’s about wind subsidies, and they’re again milking that bogus report for whatever they can — please read it carefully and rip it apart — it’s not worth the mb it’s printed on:

Energy Policy in Minnesota: The High Cost of Failure

What’s wrong with their take on subsidies?  Well, they’re on a rant about taxes and pick out wind subsidies, because they want to bash wind, but they don’t address the subsidies for all other sorts of generation.  DOH!  That means that the issue isn’t subsidies, it’s wind.

Worse, they start out about Warren Buffett and tax benefits he gets from his wind projects.  Yup, that’s there.  But earth to Mars, he has a lot more invested in coal.

Warren Buffett owns BNSF which ships coal around the Midwest. BNSF is also a major Bakken BOOM! oil transporter, the impetus for the $5 billion Amtrak deal with BNSF for rail, crossing, and safety upgrades.

Warren Buffett owns the MidAmerican Energy Center, 4 coal plants, which includes the “Walter Scott, Jr. ” 790 MW coal plant — the largest in Iowa.  It cost $1.2 billion to build, and was completed in 2007, just in time to start utilizing the biggest transmission build-out in history!

Just the Facts – Walter Scott, Jr. Energy Center’s New 790 Megawatt Unit

Center of the American Experiment says about transmission that:

There are plenty of people who believe that wind turbines are cost competitive with other sources of energy, but these analyses do not include the cost of the transmission lines needed to transport wind energy (which regularly cost $2 million per mile) or the cost of running conventional power plants as backup sources of electricity in case the sun isn’t shining or the wind isn’t blowing.

Transmission is needed for all generation, none but rooftop solar is at the load. Cost of transmission is not in any PPA.  FERC requires that transmission not discriminate against or favor particular types of generation — what is there is what goes over the wires.  And whatever the generation source, cost of transmission does show up in rates. Utilities get more from capital investments, a/k/a as transmission, than from selling electricity.

And then there’s the basis for that transmission build out — to displace natural gas with coal:

ICF-Independent Assessment MISO Benefits

And “the cost of running conventional power plants as backup sources of electricity”  Natural gas peaking plants are what’s used for backup for wind, they kick in only when needed, and that’s not often.  Further, solar follows peak. Back up occurs when the variable source isn’t running, it’s not simultaneous, not duplicative, DOH!  It’s duplicitous!

As to rates: Xcel’s rate case 15-826, is there for reading, but you seem to ignore the filings. Center of the American Experiment has been silent on Xcel’s e21 “business plan” rate scam and the current bill to change cost review and rate recovery for Prairie Island. Where’s theirconcern about rates when rates are at issue? Oh, right, weighing in on a rate case might involve facts.

Enough of Center of the American Experiment’s repeated disinformation, misstatements… just stop.

Michael Cohen’s happy face

Colin Kalmbacher done good, this has got to be the most hilarious hearing of the year:

• Why Sean Hannity’s Name was Revealed in Court (Hint: It’s Mostly Michael Cohen Attorneys’ Fault)

• Top 10 Times Michael Cohen and Donald Trump’s Attorneys Got Schooled in Court

And a quick summary from Kalmbacher:

Colin Kalmbacher A lot of people have asked for a general run-down. Here’s a brief attempt:

(1) Lines were long and the SDNY was a media circus–Eliot Spitzer showed up to glam for the cameras;

(2) The attorneys waiting to get in were confused by the press presence at first but quickly understood and started arguing about the issues involved with FBI raid, quickly agreeing that no lawyers should be raided;

(3) Stormy Daniels and Michael Avenatti showed up with minutes to spare and almost didn’t get in–but Avenatti pulled some strings;

(4) The prosecution is competent but non-controversial;

(5) Aside from saying things like “Michael Cohen has more attorneys than clients.”

(6) Cohen’s attorneys went to Upstairs Hollywood Law School and tried their level best not to make any legal arguments–mostly cabining their advocacy on public policy and fairness;

(7) Trump’s attorney annoyed everyone on multiple occasions and the less said the better;

(8) The Trump Organization was just happy to be there–very gracious, very confused-sounding, submitting themselves to the mercy of the court for some reason–they just wanted to take part in the privilege determinations but didn’t really say anything;

(9) Judge Kimba Wood showed no obvious preferences and did her best to make everyone a little upset

(10) The press amici killed it and is half of the reason we know about Sean Hannity–the other half is Steve Ryan’s incompetence.

And then there’s this… law is such fun!

The Supreme Court just handed the Trump administration a loss on immigration — and Gorsuch was the tiebreaking vote

 

Northern Metals was violating its MPCA permit, it also lit on fire.  Ultimately, it was run out of town.

So now it goes to Becker.  How will it NOT violate its permit there?  Oh, right, MPCA will be so lax about it that violation would be a logical, legal, and physical impossibility.

From today’s EQB Monitor:

Project Title: Northern Metals, LLC – Becker

Comment Deadline: May 18, 2018

Project Description: Northern Metals, LLC plans to construct a scrap metal recycling center in the general industrial area in the City of Becker. The Project consists of an enclosed metal shredder, an enclosed metal recovery plant, an end of life vehicle process, and a Community Recycling Center (CRC). The Minnesota Pollution Control Agency will host a public meeting on the proposed expansion of the Northern Metals, LLC – Becker project May 10, 2018, at the Becker Community Center located at 11500 Sherburne Avenue, Becker, MN. The event will begin with an informal open house from 6:00 to 6:30, followed by a presentation from the MPCA and a question and answer session. The MPCA will provide information about the draft air emissions permit and the environmental assessment worksheet (EAW). A copy of the Notice of Availability and the EAW can be found on the MPCA website at the following address: https://www.pca.state.mn.us/eaw [per Kevin Kain, it’ll be posted afternoon 4/16/2018] Minn. R. 4410.100 subp. 1.D.

Responsible Governmental Unit (RGU): Minnesota Pollution Control Agency

RGU Contact Person:
Kevin Kain
520 Lafayette Rd N
St. Paul, MN 55155
651-757-2482
kevin.kain@state.mn.us