Legalectric

Association of Freeborn County Landowners filed a Complaint with the Public Utilities Commission against Commissioner John Tuma and Chair Katie Sieben last week.

The PUC responded with this… oh my… and an Affidavit from John Tuma, he DID contact a Freeborn County Commissioner about pre-empting the township’s Ordinance and local control:

And under the statute, Minn. Stat. §216A.037, the PUC must refer it to the Office of Administrative Hearings:

The administrative law judge assigned to the ex parte complaint proceeding by the Office of Administrative Hearings shall conduct a hearing investigation and shall issue a report within 30 days after the matter is referred. If the administrative law judge determines that the report cannot be properly completed within that time period, the judge shall report that fact to the commission within the 30-day period and shall file a final report within a reasonable time thereafter, no later than 60 days after the referral to the Office of Administrative Hearings.

Minn. Stat. §216A.03

… so today, it was referred. GOOD!

Why? Well, this is about the July 16, 2020 meeting, the one where you just have to listen to the video – yeah, we’ve got the transcript, but the video just conveys so much more:

It’s getting better, down from 2,700+ to ~370. I have the advantage of having the portable office in the back yard, with battery and charging right there! Can’t shut me down, Xcel Energy, and I’ll have no problem getting that Motion to Dismiss response done, and the Memorandum for Temporary Injunction too!!

However… our solar isn’t working now…

What really happened here? Well, note that this is pre-lawsuit stage of yet another of his outrageous Executive Orders (and remember his claims of outrage over Obama’s E.O.s?!?!).

But wait — it’s not an Executive Order, it a “Memorandum.”

So what does that mean? What authority does a “Memorandum” have?

What does it mean? Here’s Forbes take on it — note writer is calling it an Executive Order… but it isn’t! I haven’t a clue the difference…

President’s Executive Order On Payroll Taxes – Some Detail

And there is this:

Republican senator calls Trump’s stimulus executive order ‘unconstitutional slop’

On June 10, 2020, Association of Freeborn County Landowners filed a Complaint against the Public Utilities Commission and four wind projects: Freeborn Wind, Plum Creek Wind, Buffalo Ridge Wind and Three Waters Wind:

AFCL brought this suit under MERA, the Minnesota Environmental Rights Act, which gives anyone standing to sue, and sue we did, seeking:

• A declaratory order that the state’s permitting of Large Wind Energy Conversion Projects is not in compliance with the Minnesota Environmental Policy Act;
• A declaratory order that the Public Utilities Commission has not complied, and must comply, with the mandate of Minn. Stat. §216F.05 to develop rules for environmental review of wind projects;
• An order that the Public Utilities Commission promulgate rules for wind siting and environmental review;
• A remand for additional proceedings as required by law and the Commission’s rules. 
• AFCL also seeks a temporary injunction pending these directives and actions by the Commission.  Minn. Stat. §116B.10.

All the Defendants have brought Motions to Dismiss, and today I received reams of paper with their arguments:

Filings from the PUC:

Filings from NSP & Plum Creek:

Filings from Buffalo Ridge Wind and Three Waters Wind:

++++++++++++++++++++++++++

Onward toward the Motion Hearing on September 2, 2020! Lots of reading and writing to do in response to these, and lots of writing to do for our Motion for Temporary Injunction!

Remember that recent “most bizarre PUC meeting ever” posted here:

A Most Bizarre PUC Meeting!

Just filed now, a Association of Freeborn County Landowners have filed a Complaint against Commissioner Tuma and Chair Sieben:

Really, you have got to read that Transcript. And even better, watch the video, most cringeworthy ever: