Get out and VOTE!

August 14th, 2018

WHEW!  Got over the hurdle!  Goodhue Wind Truth’s Petition for Rulemaking for Wind Siting, Minn. R. Ch. 7854, has been accepted by the Public Utilities Commission.  But even better, Notice came out today of a Comment Period:

Here’s the full notice:

Notice of Comment Period – 20188-145500-01

Now’s the time to get this rulemaking moving, it’s only 23 years overdue!


The Red Wing Charter Commission met last night, first the meeting, where they voted to add moi to the Charter Commission, and then for a round of thoughts on Ethics.

Here’s the presentation from Pam Whitmore, League of Minnesota Cities:

Ethics and Local Government

More on this later, gotta focus on tomorrow’s PUC meeting!

Oh, and check out the PUC’s conflict of interest rule:



Subpart 1. General behavior.

A commissioner or employee shall respect and comply with the law and shall behave in a manner that promotes public confidence in the integrity and impartiality of the commission’s decision making process.


Subp. 2. Actions prohibited.

Commissioners and employees shall avoid any action that might result in or create a conflict of interest or the appearance of impropriety, including:

A. using public office for private gain;

B. giving preferential treatment to an interested person or entity;

C. impeding the efficiency or economy of commission decision making;

D. losing independence or impartiality of action;

E. making a commission decision outside official channels; and

F. affecting adversely the confidence of the public in the integrity of the commission.


Tomorrow morning, at long last, the 6 year long rulemaking for Minn. Rules Ch. 7849 and 7850 is before the Public Utilities Commission.

Rules and rulemaking are important — rules are the guide to how administrative sausage is made.  A little history…  Way back when in 2011, I’d filed “Overland Petition for Rulemaking-7850” back in March, 2011.  Did it trigger, inspire, the opening of this Minn. Rules Ch. 7849 and 7850 docket in December, 2012?  Who knows…

I’ve also filed a Petition to OAH,  Petition for Rulemaking Ch. 1400-1405 & PPSAComments, also March, 2011.  Shortly after that, ALJ Lipman published some proposed rule change with NOTICE and proposed rules (ACK!), and I filed this Overland Comments-OAH Rulemaking Oct. 31,2012  Can you tell the proposed rules were dreadful?  There’s no excuse… those proposals disappeared, and I sure hope they don’t resurface.  Ive also filed Overland_MPCA_Petition for Rulemaking re: Wind Noise, Minn. R. Ch. 7030. and got this in return:


Anyway, back to tomorrow’s rulemaking for Minn. Rules Ch. 7849 and 7850.

You can watch the Live Webcast!

The draft rules going before the Commission are here:

Staff Briefing Papers, Chart of Changes, and Draft Rules_20187-145121-01

Yeah, it’s 210 pages long.  The Staff Briefing Papers contain an explanation of issues raised and changes proposed or not taken up; the charts for 7849 and 7850 are an “easy” way to review the issues and changes, and the specific 7849 and 7850 rules with strikeouts and underlinings follow.

To review the full docket, go to eDockets and search for docket 12-1246 — in the box below the “Search” button, “12” and in the box below the “Clear” button, “1246.”  Note how extensive it is.  It’s been six years.  My guess is that everyone who was an active participant in this put in at least 150 hours.  Consider that.  It’s about time we get this moving, and on to the next rulemaking, WIND, Minn. R. Ch. 7854.

Oh, and yet another Petition filed on Monday to grease the skids:

Just filed – Petition for Wind Siting Rulemaking