Freeborn Co. couldn’t get a 2nd on wind development agreement!
February 19th, 2019
GOOD! Another incremental win for Association of Freeborn County Landowners. That’s an interesting development!
County board opts not to vote on wind farm, will have further talks in March
After last Friday’s PUC meeting where Freeborn Wind’s siting permit was put on hold as they consider amendments:
Yesterday at PUC – Freeborn Wind TABLED!
… and today, at Freeborn County, when Motion was made to vote on the Freeborn Wind Development Agreement, and others, there was no 2nd! Silence!!
Here’s the latest drafts of the agreements that I’ve been able to scrounge up:
Freeborn Development Agreement final January 2019
Freeborn Road Use Agreement final January 2019
Freeborn Public Drainage System Agreement final January 2019
How bad is this agreement? Check this, on p. 8:
6.1. Amendments to Development Agreement. This Development Agreement may be amended by mutual agreement of the Parties only if the amendment is in writing and signed by an authorized representative of each Party. County authorized representative will be County Board Chair or County Administrator. Developer authorized representatives will be as designated by Article 9.4 of Development Agreement.
Ummmmm, no. Guess again… Amendments must go to entire County Board. And there are additional changes you’ll need to make, Freeborn Wind!
Stay tuned. Next meeting is mid-March.
Yesterday at PUC – Freeborn Wind TABLED!
February 16th, 2019
Yesterday, Freeborn Wind, the Applicant, had its wind project permit tabled by the Minnesota Public Utilities Commission. How’d that happen!?! SNORT! I heard there was an audible gasp from that side of the room when it happened.
This latest round started with a bizarrely attempt to get more than what they got:
Yeah, it sure got them more!! Great idea, disclosing an “agreement” with Commerce and MPCA after being granted a permit by PUC after the ALJ Recommendation that the permit be denied (and in the alternative, that they be granted time to demonstrate that they COULD comply):
So what did Freeborn say in its Request4Clarification?
Freeborn Wind requests the Commission clarify its Site Permit to adopt Section 7.4, as
proposed by Freeborn Wind and agreed to by the Department and MPCA, in place of the current Sections 7.4.1 and 7.4.2, to both ensure consistency with the Order and avoid ambiguity in permit compliance.Freeborn Wind’s September 19, 2018, Late-Filed proposal for Special Conditions Related
to Noise outlines the agreement reached between Freeborn Wind, the Department and the MPCA on this issue.[fn omitted] The letter indicated that Freeborn Wind had carefully reviewed the proposed Sections 7.4.1 and 7.4.2 from the Staff Briefing Papers, and was concerned they “create[d] ambiguity and would lead to significant compliance challenges.” [fn omitted] Instead, Freeborn Wind offered “proposed alternative language addressing pre-construction noise modeling and postconstruction noise monitoring special conditions” which is “specific to this case” and would “achieve a similar level of noise regulation, but in a manner that can actually be measured following the applicable rules and standards.”
p. 1-2, 20191-148986-02_Freeborn Wind’s Request4Clarification (emphasis added).
SNORT! Really, they said that! It was good to see confirmation of the orchestration I’d observed at the September 20 PUC agenda meeting, being in the middle of the full court press of Freeborn Wind, Commerce and MPCA (why exactly was MPCA there, they have no jurisdiction). Oh, about MPCA’s jurisdiction, the letter of Kohlasch explains that well:
So we responded to that Freeborn Wind Motion:
I’d sent Data Practices Act Requests to MPCA and Commerce:
And on receiving Data Practices Act Requests from MPCA, which showed some of the behind-the-scenes going on, filed this:
And the moment I filed it, and went to email to check filing status, get confirmation, and I see an email from Wachtler, Commerce-EERA, which is included in this, filed the following day:
They produced NON-O-T-H-I-N-G! Nothing at all!
So off we went to the PUC, and the meeting was bizarre. The Commission did not take up the Many Motions, Motions to Strike, Motions for Reconsideration, Motions for Remand, Motion after Motion, it was dizzying. Admissions of “confusion” were heard, and can’t have Commissioner confusion. Methinks that there was confusion at the September 20, 2018 meeting, which was why the permit was approved with the conditions offered and haggled over just a bit. The video, do check it out, scroll down to #3 at link, starting at 16:43:
TABLED! We have 14 days to provide language for the permit conditions, 7.4; 7.4.1; 7.4.2. Then another Agenda meeting date will be set, ostensibly to deal with Motions, language, etc.
AFCL’s Motion to Remand to ALJ filed today
February 14th, 2019
Friday, Freeborn Wind is before the Minnesota Public Utilities Commission, where Association of Freeborn County Landowners’ Motions for Reconsideration are on the agenda:
UPDATE:
Why update? Because we got more juicy details. As I was filing the “Motion to Remand to ALJ” I got an email from Commerce-EERA’s John Wachtler, and he said that there were no emails, that Commerce deletes them after 90 days. Well, emails weren’t all that was requested, and yet, NOTHING was produced. NOTHING!
Here’s what we asked for:
Why am I not surprised…
Video of Thursday’s PUC meeting!
September 23rd, 2018
Here’s the audio and video of the Public Utilities Commission meeting of September 20, 2018, where the Commission decided to deny the Goodhue Wind Truth rulemaking petition and to approve the Freeborn Wind siting permit Recommendation of the Administrative Law Judge that the permit be denied, AND to approve the transmission line, for which Freeborn Wind does not have all necessary land rights — note the blue triangles — that represents the underlying fee interest of non-participants.
So, Thursday’s meeting? Goodhue Wind Truth rulemaking petition and Freeborn Wind siting and transmission permit? Here ya go!
Video (can’t figure out how to download video)
Audio Download
Below the video screen is a list of agenda items. Click #2 for their rejection of the Goodhue Wind Truth Petition for Rulemaking. Click on #3 for their approval of the Freeborn Wind Site permit, and #4 for their approval of transmission for Freeborn Wind. Liberally dose yourself with anti-emetic before watching!
Freeborn? PUC upends ALJ’s Freeborn Wind Recommendation
September 21st, 2018
It was a full house yesterday at the PUC but the result was a bust. The PUC tossed the Freeborn Wind ALJ Recommendation right out the window, did a 180 from the ALJ’s Recommendation and granted a siting permit and transmission permit for Freeborn Wind. There was a last minute “compromise” presented by Freeborn Wind and Commerce, last minute, meaning the DAY BEFORE, and the PUC Staff Briefing papers had 23 pages of an inexplicable chart of proposed adoption and rejection of Exceptions.
20189-146406-01_PUC_StaffBriefingPapers
Through what gyrations will they get their “order” to align with the record? Out with it — let’s see!!
In the STrib:
Minnesota utility regulators approve Freeborn County wind farm opposed by neighbors
In the Albert Lea Tribune:
Commission unanimously approves Freeborn Wind Farm permits
From the article:
Commissioner Katie Sieben said she also supported the project, noting she received a letter in July 2017 from a constituent saying the issue was “tearing neighbors apart.”
“I would hope that as the applicant has modified, has moved wind turbines, has lessened that division,” she said.
Sieben says Freeborn “has moved wind turbines?” WHERE EVER WOULD SHE GET THAT IDEA? The application wasn’t modified, wind turbines haven’t been moved. This just proves she hasn’t read the record. How many times did Dan Litchfield testify that they couldn’t move any turbines?
And on KIMT TV:
Freeborn Wind Farm approved by the Minnesota Public Utilities Commission