Legalectric

AWA Goodhue has been doing an “avian study” and flying way lower than they should, scaring horses and cows and people too.  Many people in the AWA Goodhue Wind Project in Goodhue made complaints to the sheriff, to the Dept. of Commerce per their complaint protocol, and to the FAA.  Everyone’s investigating except the Dept. of Commerce, and as the permit granter, the one with the “complaint procedure,” they better get to it.

Yesterday I filed this by emailing it to the Commerce complaint email address, and to Bill Grant, Deputy Commissioner, and to Burl Harr, Executive Secretary of the PUC:

Complaint – Helicopter – December 21, 2011

Oh, and filed it on the Public Utilities Commission’s eDockets too, Docket 08-1233.  Ignoring this will not make it go away, it will make matters worse.

Here that, T. Boone Pickens?

T. Boone Pickens a/k/a Mesa Power a/k/a AWA Goodhue’s helicopter and and an eagle captured on video.  This is the N144BH helicopter, which, upon information and belief, is owned by “Brainerd Helicopter Service.”

What on earth do they think they’re doing? Check the video and see for yourself:

Scott Logan caught this on video, way to go!

Complaints — a few things you can do, I’d recommend all of them:
1) Contact the Sheriff, either 911 or (651)385-3155
2) There’s a complaint procedure established by the PUC

PUC Complaint Process

Essentially, BOTH email a complaint to DOC.energypermitcompliance@state.mn.us
and mail to:

AWA Goodhue, LLC
706 2nd Avenue South, Suite 1200
Minneapolis, MN 55402

3) Call the FAA’s Flight Stand District Office to make a complaint 612-713-4211 (when I clicked on the contact link, I got a different number, 612-253-4400). Here’s the “email link.“

Info about how to make FAA Complaint:
FAA Low flying Aircraft Complaints

4) File on PUC’s AWA Goodhue Siting Docket – at www.puc.state.mn.us and then to Efiling, then eFile to docket 08-1233.

Meanwhile, AWA Goodhue is alleging in its Avian and Bat Protection Plan that there IS eagle baiting going on, and have made reports to the Board of Animal Health. AVIAN AND BAT PROTECTION PLAN (see p. 10-11)

That’s funny — the ABPP

The T. Boone Pickens wind project in Goodhue County, masquerading as a “C-BED” project now has a formal permit issued by the Public Utilities Commission.  It’s LONG, and will take some serious study:

PUC Order – AWA Goodhue Wind Project Permit

Next?  Motion for Reconsideration – probably by ALL parties!

Thursday, June 30, the last day before the state government shuts down, the Public Utilities Commission will hear oral arguments and deliberate and likely decide fate of the AWA/Goodhue Wind Project.

PUC Staff Briefing Papers

The Staff Briefing Papers matter-of-factly point out a couple of things that make a huge difference in this case:

In the ALJ’s December 8, 2010 First Prehearing Order, Order point #13 noted:

13. As noted above, the parties may submit legal argument on how the good cause standard should be applied, if at all, in their closing memoranda. In particular, the Administrative Law Judge would like the parties to brief the issue whether Minn. Stat. 216F.081 (2008) is intended to apply only to counties that have assumed the responsibility to process applications and issue permits for LWECS with a combined nameplate capacity of less than 25 MW pursuant to Minn. Stat. 216F.081. …

This is not an issue that the Commission referred to the ALJ. The ALJ’s findings on this issue are included in her report as findings #39 – 47.

And shortly after that:

Staff recommends that the Commission consider all parties‟ positions on this matter and their previous November 2, 2010 Order for Hearing (cited above).

Staff believes that if the Commission comes to the same conclusion as the November 2, 2010 Order, it should strike ALJ findings #40-46 on the basis that the Commission has already considered this matter and the matter was not referred to the ALJ. Findings #39 and 47 are general in nature and staff doesn’t believe the findings would need to be omitted.

The recommendation of staff to the Commissioners?  Hold on to your seats:

Staff recommends adopting the ALJ’s Report with the following changes:

1) modifications to findings #10, 60 and 71 as outlined in Attachment B under “Staff”;
2) striking findings #40-46, as discussed above; and
3) providing for other modifications the Commission deems necessary.

YEAAAAAAA! From there to where this should be isn’t all that far…

To watch the oral arguments and PUC’s deliberation, CLICK HERE and then click the blue button to “Watch Webcast!” Or come on down, Thursday, 9:30 a.m. ( a little after, we’re 2 and 3 on the agenda), at 121 – 7th Place East, 3rd Floor, Large Hearing Room, St. Paul, MN, 55101.

Above, Chuck Burdick with attorney Todd Guerrero arguing at PUC last November.

Today Exceptions to the Report of the Administrative Law Judge were due in the AWA Goodhue docket.

First, the ALJ’s Recommendation:

Recommendation to PUC on AWA Goodhue Wind docket

And now for the Exceptions:

Goodhue Wind Truth – Exceptions

Goodhue County – Exceptions

Belle Creek Township – Exceptions

Coalition for Sensible Siting – Exceptions

Dept of Natural Resources – Exceptions

AWA Goodhue – Exceptions