Legalectric

Here we go, deja vu all over again. Xcel Energy has taken over Freeborn Wind and has asked for a permit amendment, the Permit Amendment filings are here:

STAY, Freeborn Wind!

The Public Utilities Commission has just issued notice of the Comment period on the Permit Amendment:

Initial comments accepted through November 12, 2019 at 4:30 PM.
Reply comments accepted through November 19, 2019 at 4:30 PM.

Here is what they want to hear about:

Topics for Public Comment:
• Should the Minnesota Public Utilities Commission amend the Freeborn Wind Farm Site Permit to change the number, type and layout of the turbines to be used, as well as additional participating land?
• Should the Commission accept the supplemental environmental impact analysis?
• Should any permit conditions be modified or added if the requested amendments are approved?
• Are there other issues or concerns related to this matter?

Oh yes, there are plenty of other issues, and you’ll hear all about it, PUC! But it’s nothing you don’t know already.

To view all the filings, go HERE – DOCKET SEARCH and search for 17=410 (17 = year, 410 = docket).

How to Submit Comments:
Online Visit mn.gov/puc, select Speak Up!, find this docket, and add your comments to the discussion.
Email Comments can be emailed to publicadvisor.puc@state.mn.us
U.S. Mail Charley Bruce, Minnesota Public Utilities Commission, 121 7th Place E, Suite 350, Saint Paul, MN 55101-2147
eFiling Visit mn.gov/puc, select eFiling, and follow the prompts (you’ll need to register, and it’s EASY and fast).

Little Sadie wondering if we’re ever going to get going again… so was I. Tooling down the interstate, after an agonizing few days with car problems, much worse for Alan than for me for sure, and after fixing 5 problems that came up one at a time, and suddenly, N-O-T-H-I-N-G, just idle, no acceleration whatsoever. Well, that sure sucked, and yet the good news was that right there ahead was a rest area. Coasted right in, and the throttle sensor was acting up. Turns out that shutting the van off and starting it up cleared it, and onward… until the next time… and over the next 200+ miles, it died 6 times. Didn’t shut off on entrance ramps, exits, or in the middle of a spaghetti bowl, so life is good, just on straight stretches, get over to the right, put on 4 ways, pop it into neutral, turn it off, count to 5, fire it up, rev to let transmission find the gears, and drop it in… Suffice it to say, it was stressful. This was one time that 1 million miles in a truck paid off…

Made it, only lost two days to other electrical problems of the van and trailer. It matters because I’ve had to cancel so many trips this year, all but one (not including camp-hosting), so I’m entitled to whine!

It’s BEEEEE-UUUUU-TIFUL, chilly but OK. Doooo, dooooo, doooooo, looking out my back door!

Picked up the tail light converter at Fleet Farm on the way, but had to order the throttle sensor, it’ll be here tomorrow, so I’m hoping for another trip next year where we won’t have to deal with unending problems. Also hoping that Kias aren’t built to self-destruct at 200,000… we’ll see. It’s been perfect, and CHEAP for almost a year now, but this is getting to be a bit much.

The wind last night was unreal, and though temp in low 40s, didn’t turn on the propane, and used a tiny electric heater to take off the morning chill. I saw that Duluth had major problems with wind and waves, and the shoreline here shows the high waves, lots of stuff washed up, and the waves were a bit high but not so bad:

Off to NAPA soon! Hope that resolves these electrical things, but I swear it’s Mercury throwing the wrench in!

3M stopped making PFC’s a long time ago, I’d guess when they figured out the danger (people still use teflon?!?!). But it doesn’t just go away, it’s spreading, and it’s in Minnesota’s water, and elsewhere around the country too. Du Pont is responsible for a lot of similar contamination of water, another similar story for another day.

PFAS map above — Purple dots above are a “well advisory.” Green dots are “no or low PFAS.” Nope, inadequate. I want green to be NO PAS, and oh, say, yellow for “low PFAS” and definition of “low.” Not labeling “low” when there IS contaminated water is disingenuous.

Last year, the Minnesota Attorney General’s Office settled a suit with 3M over its pollution, poisoning, of water with PFCs and related dangerous substances like PFOA, etc…

3M SETTLEMENT PAGE

Settlement was for $850 million dollars, $720 million after expenses, including attorney fees, will go to local water issues.

Here’s the agreement:

Minnesota vs. 3M Company Agreement

So this is in the paper today:

Woodbury shuts down sixth water well over pollution concerns

Looking at the agreement, they’re terming the $$$ in the settlement a “grant,” specifically, that “3M will make a Grant in the amount of $850 million to the State which shall be held in the 3M Grant for Water Quality and Sustainability Fund, within fifteen (15) days from
the Effective Date of this Agreement.” (see agreement above, p. 3.) No admissions here…

Framing it in a way that doesn’t stress clean up, and instead focuses on happy language… “enhance the quality, quantity and sustainability…” GOOD GRIEF…

As the first and highest priority, the MPCA and/or the DNR shall utilize
the Grant referenced in paragraph 13 above to enhance the quality, quantity and sustainability of the drinking water in the East Metropolitan Area, which shall include, but is not necessarily limited to, the cities of Woodbury, Oakdale, Lake Elmo, Cottage Grove, St. Paul Park, Afton, and Newport and the townships of West Lakeland and Grey Cloud Island. The goal of this highest priority work is to ensure clean drinking water in sufficient supply to residents and businesses in the East Metropolitan Area to meet their current and future water needs. Examples of projects in this first priority may include, but are not limited to, the development of alternative drinking water sources for municipalities and individual households (including but not limited to creation or relocation of municipal wells), the treatment of existing water supplies, water conservation and efficiency, open space acquisition, and groundwater recharge (including projects that encourage, enhance, and assist groundwater recharge). For individual households, projects may include, but are not limited to, connecting those residences to municipal water supplies, providing individual treatment systems, or constructing new wells. The MPCA shall conduct a source assessment and feasibility study regarding the role of the Valley Branch Water District’s project known as Project 1007 in the conveyance of PFCs in the environment. In selecting and performing activities pursuant to this paragraph, the State shall prioritize water supplies where health based values, health risk limits, and/or health risk indices for PFCs are exceeded.

Here’s the “3M settlement: financial framework” which includes this statement:
“Money in the Remediation Fund is appropriated to the MPCA and DNR to be spent for a variety of purposes, including taking remedial actions and rehabilitating and restoring natural resources.”

Seems to me, that “including” means it’s an afterthought, not the primary purpose.

The law is STRICT LIABILITY for those who cause the harm, but I’m not seeing a requirement to CLEAN UP, only that they’re paying in to the state. Am I missing something here? From the “3M settlement: financial framework” again:

MERLA makes responsible person strictly liable not only to clean up contamination from hazardous substances (i.e. Superfund), but also to pay damages to the state for the resulting harm to natural resources. By establishing a legal cause of action to recover for natural resource damages, MERLA recognizes the value of the state’s natural resources and the importance of restoring them as much as possible for the benefit of the public. Minn. Stat. §115B.04,subd.1(3).

Now another Woodbury well is poisoned. How on earth will they clean up this mess for $850 million, when it’s increasing, where additional wells are poisoned. Isn’t this map of purple dot “well advisory” horrifying? Look again:

Color me skeptical, well… furious.

Here are the reports for this “grant.”

3M Settlement biannual report and Spending Plan for FY2020 (August 2019)

3M Settlement — determining how priorities will be met (April 2019)

3M Settlement biannual report  (February 2019)

It’s that time of year again, the Power Plant Siting Act Annual Hearing.

And here’s the…

Here’s the Power Plant Siting Act — Minn. Stat. Ch. 216E!

Why an Annual Hearing? Because the statute says so:

216E.07

ANNUAL HEARING.

Here are the reports from prior PPSA Annual Hearings:

2000 Summary of Proceedings

2000 Report EQB

2001 Summary of Proceedings

2001 Report EQB

2002 Summary of Proceedings

2002 Report to EQB

2003 Summary of Proceedings

2003 Report to EQB

2004 Summary of Proceedings

2004 Report to EQB

2005 Report to PUC

2006 Report to PUC – Docket 06-1733

2007 Report to PUC – Docket 07-1579

2008 Report to PUC – Docket 08-1426

2009 Report to PUC – Docket 09-1351

2010 Report to PUC – Docket 10-222

2011 Report to PUC – Docket 11-324

2012 Report to PUC – Docket 12-360

2013 Report to PUC – Docket 13-965

2014 Summary Report– Docket 14-887

2015 Summary Report – Docket 15-785

2016 Summary Report – Docket 16-18

Just filed yesterday, the Jewell Jinkins Intervenors request that the Wisconsin Public Service Commission take another look at their decision approving the CPCN and routing for the Cardinal-Hickory Creek transmission line:

This is the final shot before the Commission at this PSC CPCN approval. The next possible step is Wisconsin’s Circuit Court, due 30 days after they (likely) reject this Petition. Other intervenors are planning on heading that way, ones with solid backing and resources.