Red Wing City Council Workshop

January 27th, 2018

Today the Red Wing City Council started its Day 2 of the Council Workshop, and it was worth going to, but too early o’clock. Getting the last Icelandic Almond Roll was some consolation!

Here is what was part of yesterday’s discussion… really…

What’s that? It’s a shield, under the bench, one for each of the City Council members and staff , to pull out in case of terrorist attack.

Oh well, they already did it, and this was mostly a report on what had been done. Rumor has it that these were about $8,000 each, or $50K+ total…  Oh my…

Onward… today first was a discussion of painting on Barn Bluff.  I rather enjoy the painting cropping up on the outcrop. But I also hear that this bluff is a sacred Dakota area. I’ve seen the flag on the bluff, it hasn’t been there all that long, and to me, that flag there is inconsistent with respect for Dakota tradition. Flagpole and flag here in upper right hand corner of this borrowed photo:

Today, from the discussion, I learn that the flag was sited right in the midst of a burial area! WHAT?!?! And this is not the first time siting is an issue, probably this happens a lot here, but I do know it was also an issue with the siting of the Red Wing lay down yard, where that Lot and building and storage area was right within the Water Tank Mounds area and that was not fully disclosed during that permitting, nor was the timing of agency involvement and review correctly disclosed during the Ash Mine permitting proceeding. Looks to me like the City has a pattern of inadequate investigation of and respect for Dakota sacred and burial areas. Falling through the holes, being pushed through, how do we fix this, assure it doesn’t keep happening, and make amends?

And then on to the “Public Hearing Process Discussion.”  Oh my… Here’s the background from the workshop packet:

2_-_Public_Hearing_Discussion

Overland’s $0.02: The discussion of civic engagement and “Public Hearing Process Discussion” morphed into a “no public comments on agenda items where there has been a Public Hearing at Planning Commission” as a council policy and taking it off the Council President. NO, not OK. The “No public comments” is bad policy. I note that 2-3 council members felt it was important for the public to be able to address, face to face, the decision makers. YES, it is. And when that is not allowed, it is the job of those council members to stand up for the public!

Today’s discussion, from the packet, was framed in binary, either Option A, where board/commission brings recommendation to Council, “No public input would occur at the Council meeting.” Option B, Boards and commissions have a lesser role in government decisions. Public input often happens at both the board/commission meetings and the City Council meetings.

Note the framing — problematic, as Option A would as policy eliminate public comment at CC meetings on agenda items. NOT OK! Option B frames it as allowing public comment at meetings means “boards and commission have a lesser role in government decision.” NOT OK! The notion that allowing public comment means undermining the Planning Commission is absurd. If there’s crucial determinative “new information,” then it should go back to the Planning Commission with a clear directive, and mindful that the Planning Commission is an “Advisory” Planning Commission, they are NOT the decision makers.

The framing of the options was off, and impact of this framing was to guide toward making it Council policy not to allow comment. NOT OK! Was that intended or not? Who knows… The framing was NOT OK for two reasons, first, public comment should as policy be allowed and encouraged. Second, the decision not to allow public comment has been a decision of the Council President, and he’s accountable for that. NOT OK! I do think that bullet was dodged, and instead a more reasonable Option C, that public comment WILL be allowed, and if Council has issues about what’s proposed, it will go back to Board/Commission. It took a lot of objecting and targeted statements to pull this into encouraging public participation, and not further limiting it as a matter of policy. We shall see…

Ah, yes, it’s that time of year again… remember this map, way back when, connecting existing coal plants to the proposed CapX 2020 system? (note the Mid-American coal plant built in 2007 over by Council Bluffs isn’t there, it’s at the green lines on the southwest side where transmission starts.)

It’s the Power Plant Siting Act Annual Hearing!

Here’s the full notice:

2017_Docket 17-18_Notice_201711-137509-01

And going back in history:

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

Here’s the summary of what I had to say last year, from the report above:

Does this sound familiar?

Meanwhile, we’re still waiting on the rulemaking, 12-1246, which addresses PPSA siting rules, Minn. R. Ch. 7850.  To see rulemaking docket, which ostensibly is to address the changes in the 2005 Transmission Omnibus Bill from Hell, go HERE and look up rulemaking docket 12-1246.

I expect this rulemaking to reach the Public Utilities Commission before I drop dead.  But I’m starting to wonder.  The “12” in “12-1246” means the docket was opened in 2012.  This is 2017, almost 2018.  Good grief!

Everybody, get out your HERC Hanky and wave it for the home team!!!

Last Thursday was a fairly short, but quite intense, day at the Public Utilities Commission.  First up was Freeborn Wind (go here and search for docket 17-332), and its application for a transmission line for the project plus more.  We did get the “proceeding” process and not a summary report. That’s good, not a huge deal, but enough that it means we get some extra process in the transmission routing docket, meaning an ALJ drafted Findings, Conclusions, and Recommendation (not just a report), and the opportunity to file Exceptions to the ALJ Recommendation. In those exceptions, we can also ask for public comment and oral argument to the Commission.

Second on the agenda was the HERC Power Purchase Agreement, and Xcel Energy’s HERC PPA Petition to cut the rate (go here and search for docket 17-532).

Bottom line, after much deliberation, and a 10 minute break (what is it they do back there???), here’s the decision option they chose, as framed in the Staff Briefing Papers_201711-137262-01:

Way to go, Mr. Alan Muller!

Seems to me that but for our squwaking, it would have eased on through.  But the question remains, where were all the folks who supposedly had committed to shut down HERC?

Primary documents were posted earlier here:

Activists have been fighting against the “Hennepin Energy Recovery Center” (HERC) and other garbage incinerators for decades.

But in no other U.S. state, except perhaps Florida, does the garbage incineration industry have its hooks so deep into government and politics, so it’s been a long struggle.

We need to demand that our Minneapolis mayoral and City Council candidates pledge now to phase out or shut down one of our dirtiest local polluters.

Hennepin County’s HERC garbage burner is a dirty old 1980s cash cow, located in the North Loop neighborhood in downtown Minneapolis, next to the Twins Stadium.

HERC is one of Minneapolis and Hennepin County’s worst air polluters. About 75 percent of the garbage going in is generated in Minneapolis.

The health-damaging smokestack emissions total close to 1.5 million pounds per year and include dioxin (a major carcinogen and key component in the toxic Agent Orange herbicide), mercury, lead, fine particles, carbon monoxide, other heavy metals, and dozens of other hazardous pollutants. Depending on weather conditions these emissions impact many city neighborhoods and beyond. These poisons cause or exacerbate asthma, bronchitis, strokes, heart attacks,cancer, and many other serious health problems.

Minneapolis residents, especially poorer residents, are the main victims of HERC air pollution, as has been shown by the maps produced by state Rep. Karen Clark (DFL-Minneapolis) and others. These maps were prominently displayed at Minneapolis Planning Commission meetings and at City Council meetings during deliberation and rejection of expanded HERC burning, and are available on line and from Clark.

Despite a sophisticated public relations effort and an abundance of “alternative facts” by Hennepin County, Covanta, and others, our burned garbage doesn’t magically disappear and isn’t “converted into electricity.” Some call incineration “landfilling in the sky.”

The remaining ash is toxic and is taken to a special local ash dump.

Two key problems, which are connected, obstruct progress of Minneapolis towards being a truly (as opposed to rhetorically) clean, healthy and sustainable city.

One is the chokehold that Xcel Energy has on officials and policies, leading to ever-increasing electric rates (while the wholesale price of electricity drops) and near-meaningless “partnerships” rather than real moves towards cleaner energy.

The other is our friend the HERC.

On the face of things the key bad actor behind the HERC is Hennepin County, owner of the burner and joined at the hip to the garbage incineration industry.

But the less obvious nexus of these two evils is that Xcel itself is in the garbage burning business, owning and operating dirty old burners in Red Wing, Mankato and French Island in Wisconsin. We don’t know of any other major electric utility in the garbage burning business, except for Great River Energy, also in Minnesota.

Xcel’s three company-owned burners very likely produce the most expensive and unhealthy power on its system, except, perhaps for purchased dirty-burner power.

We now have unusual leverage to help phase out or shut down HERC:

The HERC generates a little electricity, which is sold to Xcel under a “Power Purchase Agreement.” Xcel Energy has opened a docket at the Public Utilities Commission, (E002/M-17-532) for consideration of extending the HERC Power Purchase Agreement – which expires at the end of 2017 – at a much lower price.

Our leverage at this time

The HERC “PPA” with Xcel expires at the end of 2017. Since electricity sales are a significant revenue source for garbage burner operators, we have here a great opportunity to save money and improve public health by allowing the HERC PPA with Xcel to expire at the end of December.

As noted above, there is a docket about this before the MN Public Utilities Commission. I have submitted comments and Neighbors Against the Burner has petitioned to intervene. Xcel’s proposal is to extend the contract but at a reduced rate. Neighbors against the Burner is looking towards no extension “at any rate.” This would be a strong push towards a HERC shutdown.

Four years ago, before the last cycle of Minneapolis municipal elections, that proposal to burn more garbage at the HERC became an election issue. The Sierra Club, MPIRG (Minnesota Public Interest Research Group) and others worked doggedly against the expansion scheme with the result that after the elections it was clear that there were not the votes on the City Council to approve more burning.

A mayor was elected who said she opposed more burning and supported Zero Waste objectives. The expansion proposal was withdrawn, resentfully, by Hennepin County, which told Minneapolis to collect “organics.”

Now, however, we are in another Mpls election cycle and the silence about the HERC and better waste management is deafening.

In April 2016 an anti-HERC coalition of multiple groups was loudly announced, but nothing ever came of it.

Sierra Club, for example, didn’t even include a HERC or Zero Waste question in its candidate recent questionnaire.

Recently the city rolled out a feeble “Zero Waste Plan” draft.

As election day draws near, what do the rest of the mayoral and council candidates have to say about HERC, Xcel, “Zero Waste” and a truly green, sustainable and healthy Minneapolis?

What’s happened? Hard to be sure, but:

Both Xcel and Hennepin County are extraordinarily effective at lobbying and getting their way, as is Covanta, the contract operator of the HERC. Some would say they are all skilled manipulators of “alternative facts” in their attempts to greenwash a dirty old dinosaur of a garbage burning plant, a relic of the 1980s.  Hennepin County has told the Public Utilities Commission in wants to burn at the HERC for at least twenty more years.

As with many issues today, now is the time to stand up. Now, before the election, is the time to let candidates know what you think and for candidates to declare what they think.

Yesterday Neighbors Against the Burner filed this Petition to Intervene in a docket at the PUC where Xcel Energy has filed a request for approval of a Power Purchase Agreement slashing the rate paid to Hennepin Energy Recovery Center – HERC for electricity generated at the HERC garbage burner:

Neighbors Against The Burner_Cover-Notice of Appearance -Petition to Intervene

Check out the Public Utilities Commission docket:

Click “Search Documents” HERE and search for docket 17-532

Here’s the Neighbors Against the Burner page for HERC:

HERC page and links via Wayback Machine

And check out Alan Muller’s powerpoint from the successful challenge to attempt to increase garbage burning:

HERC_Power Point

There was an announcement in April, 2016, of  the “HERC Clean Power Plan Coalition” with multiple groups joining to shut down HERCSierra Club North Star Chapter, MPIRG, Neighborhoods Organizing for Change, Community Power, St. Joan of Arc, etc.  HERC has been raised as an issue in this fall’s Minneapolis Mayoral election. 

Now’s the time to get it done!  SHUT IT DOWN!