Legalectric

It’s out, the Minnesota Public Utilities Commission’s Order both rejecting Association of Freeborn County Landowners’ Petition for Environmental Assessment Worksheet and approving the Xcel Energy site permit amendment.

The Commission meeting amending Xcel Energy’s permit as requested was back on December 19, 2019, and the Commission’s deliberation and “decision” rejecting the AFCL Petition for an EAW was February 6, 2020:

VIEW WEBCAST HERE!

Per the EQB rules (Minn. R. 4410.1100, Subp. 6), the Commission was supposed to issue an Order and Record of Decision WAY BACK, but didn’t. We appealed their “decision.”

AFCL appeals PUC denial of EAW Petition

This new order (20203-161639-01_Order-Site Permit Amendment and Denial of AFCL Petition for EAW) has many statements, some pretty wild ones, but I don’t see what ought to be there.

It’s time to get out the magnifying glass for a careful read. AFCL, this means all of us!!!

On Wednesday, Association of Freeborn County Landowners filed an appeal of the Public Utilities Commission’s denial of AFCL’s Petition for and Environmental Assessment Worksheet. It was mailed Certified Mail yesterday, as required by statute, and today, filed on the PUC’s eDockets:

The PUC really screwed this up, in so many ways. Granted there are few Petitions for EAW to the Commission, and Commission staff may not be familiar with EQB rules and process. However, in the only other Petition for Environmental Assessment Worksheet/EIS, they denied a Motion and then a Petition for EAW forwarded by the EQB, and it was sent back to the Commission by the Appellate Court:

In the Matter of Minnesota Power’s Petition for Approval of the EnergyForward Resource Package

Lesson not learned. We’ve been trying to get environmental review of wind projects for how long now, particularly given the demonstrable impacts, actual and constructive notice, beyond the “potential” for environmental impacts. Bent Tree noise excedences and landowner settlements? What more is needed?

Bent Tree Order filed by PUC

In the Staff Briefing Papers, which is staff’s recommendation to the Commission, over and over it was said that the Petition was insufficient because there were not 100 signatures, but there were 380+ signatures! In the Staff Briefing Papers, over and over it was said that the Commission could declare the Petition insufficient, when it is NOT the Commission’s job to address sufficiency, that was already determined by the Environmental Quality Board, which validated the Petition and forwarded it to the Commission for action! Read the Briefing Papers… really, it’s that absurd:

I fired off a letter requesting correction, which never happened:

And even after denying AFCL’s Petition, they went further, and provided “notice” in an email to the EQB that the Board had made its decision:

And that “notice” was published in the EQB Monitor on February 18, 2020:

And yet to this date, they’ve not filed an Order or the Record of Decision on this decision! WHAT?!?! Yes, really!!

I’d sent a letter to the EQB about the Commission’s failure to file the Order and Record of Decision nearly a month ago:

STILL NO ORDER OR RECORD OF DECISION. There are no Findings of Facts to explain, to support, the Commission’s decision. I guess it’s harder to make them up than staff thought?!?!

Meanwhile, the appeal deadline of a decision on an EAW Petition is 30 days after the notice is published in the EQB Monitor. Minn. Stat. 116D.04, Subd. 10. It’s kind of hard to Appeal a decision without the necessary documents, so I can guess that’s one more reason the Commission has chosen not to file! Oh well… ONWARD!

Prior posts on AFCL’s Petition for Environmental Assessment Worksheet:

Freeborn EAW – more time!

EQB forwards EAW Petition to PUC

Petition for EAW – Freeborn Wind

This round is for comments on Xcel’s Permit Amendment Request:

Here’s what we (Association of Freeborn County Landowners) filed:

Quite a few comments were filed.

Reply Comments due November 19, 2019, one week from today!

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).

And we SCORE! Association of Freeborn County Landowners had a win earlier today when the Minnesota Court of Appeals granted our Motion for Stay of the Freeborn Wind Appeal as the Xcel Request for Amendment goes forward. YES! Sure glad we’re not having to do two things at once!

And FYI, here’s Xcel’s Amendment Request:

Ex 1_Xcel Site Permit Amendment Application_Part 1 of 4_20198-155331-01Download

Ex 2_Xcel Site Permit Amendment Application_Part 2 of 4_20198-155331-02Download

Ex 3_Xcel Site Permit Amendment Application_Part 3 of 4_20198-155331-03Download

Ex 4_Xcel Site Permit Amendment Application_Part 4 of 4_20198-155331-04Download