Legalectric

Whew, leave town and look what happens…

Recommendation to PUC – AWA Goodhue Wind docket

What sticks in my craw is this — if the law were unambiguous we would not be here today in this contested case:

And it’s that paragraph 43 and 44 that is particularly obtuse, because from here it looks as though that MOES Affidavit filed, to which GWT objected and about which GWT filed Subpoena Request, which were DENIED:

MOES Comments – Affidavit of Ingrid Bjorklund

MOES Comments – Affidavit of Deb Pile

Goodhue Wind Truth – Subpoena Requests for Bjorklund and Bull

ALJ Sheehy’s Letter to Overland – Denial of Subpoena Requests

Were it unambiguous, we wouldn’t be in this contested case, and she wouldn’t be going through this elaborate dance to get to “it’s unambiguous.”

If it walks like an ambiguous, if talks like an ambiguous, it’s ambiguous…

Oh, and here’s another bizarre part, claiming that there are state standards in existence for 12 years:

Uh-huh… right…

Notice of Motion and Motion – Limit Public Participation and Exclude Intervenor Exhibits

HA!  Over my dead polar bear!  This “public participation” piece is one of “my” issues, so much so that I proposed some changes in my Rulemaking Petition to OAH:

Overland – Petition for Rulemaking – OAH

To see the full docket, go to www.puc.state.mn.us, click on “Search eDockets” and search for 08-1233.

CATCH THE WEBCAST TUESDAY, WEDNESDAY & THURSDAY:

GO HERE and click the blue “Watch Webcast” button!

And here are their Information Request responses — can’t email these around, too big, so I’ll have to post them!

Enjoy!

AWA Responses to GWT Info Requests – No. 2-12 Part I

AWA Responses to GWT Info Requests No. 2-12 Part 2a

AWA Responses to GWT Info Requests Nos 2-12 Part 2b

AWA Responses to GWT Info Requests Nos 13-35

AWA Responses to GWT Info Requests Nos 36-45

AWA Response to Belle Creek Info Request 2

AWA Response to Belle Creek Info Request 3

AWA Response to Goodhue County Info Request No 3

AWA Resposne to CSS Info Request 1

AWA Response to CSS Info Request No 2

AWA Response to CSS Info Request No 3

AWA Response to CSS Info Request No 4

FLASH:  NEXT WEEK, March 15-17, the Minnesota Public Utilities Commission will broadcast the AWA Goodhue hearing!

The PUC has entered the 21st Century!!!  Notice just came over the wire that they’re going to webcast the AWA Goodhue evidentiary hearing.  For those not in the know, this is the hearing in the administrative docket that is to address whether the PUC should apply the Goodhue County Wind Ordinance to the AWA Goodhue wind project. I’m representing Goodhue Wind Truth in the many Goodhue Wind project dockets.

To see the full docket on this project, go to www.puc.state.mn.us and click on “Search eDockets” and search for docket 08-1233.

Order to refile exhibits, and Goodhue Wind Truths’ Subpoena requests denied!

Whew — actually it helps.  We got an order yesterday that we need to refile the Testimony.  There’s so much and it doesn’t fit into neat little bundles that can be filed with the eFile system, and I’m glad I wasn’t the only one having trouble with that.

Fourth Prehearing Order – REFILE!

But the denial of the subpoena requests sucks.  MOES had filed Affidavits related to intent, and we’ve not had the opportunity to cross regarding their assertions:

MOES Comments – Affidavit of Ingrid Bjorklund

AWA Goodhue’s Motion for Summary Disposition (see p. 10)

Ingrid Bjorklund was a wind industry lobbyist at the time this was winding through the legislature, yet here she is, as a Commerce employee, making a statement in an Affidavit, under oath, conclusory statements about legislative intent.  EH?  Both documents above contain statements about what Mikey Bull may or may not have said.  What’s Michael Bull got to do with legislative intent?  To borrow a fist-pounding-the-desk phrase from Rep. Dennis Ozment, “I don’t recall electing NSP to the legislature!”  Oh wait, he was there at the Green Chameleon Gov’s behest then…

So I decided to requests subpoenas for both Ingrid Bjorklund and Mike Bull:

Goodhue Wind Truth – Subpoena Requests for Bjorklund and Bull

Are we having fun yet?  Xcel’s Chris Clark seemed to think so when I gave him the heads up at Thursday’s PUC meeting!

Not to worry, folks, the ALJ denied the request…

ALJ Sheehy’s Letter to Overland – Denial of Subpoena Requests

And now, for something completely different… back to reformatting all the exhibits… oh, what I would do for support staff, the grrrrrrrrrls just can’t work a computer without drooling on the keyboard!

First AWA Goodhue’s testimony, and then ours… It’s been quite the week… quite the last TWO weeks… were I still driving, I’d be out of hours on my second log book:

In the Goodhue Wind case, testimony was due, the Applicants’ a while ago, and now our intervenors’ Testimony.   For the full docket, go to www.puc.state.mn.us and to “Search eDockets” and search for “08-1233.”

First, here’s what AWA Goodhue has filed:

Testimony – Direct – Burdick

Testimony – Direct – Casey

Testimony – Direct – Kalass

Testimony – Direct – Malamen

Testimony – Direct – Peterson

Testimony – Direct – Robertson

Testimony – Direct – Ward

Testimony – Direct – Zilka

AWA Exhibit 1A

AWA Exhibit 1B

AWA Exhibit 1C

AWA Exhibit 3A

AWA Exhibit 3B

AWA Exhibit 3C

AWA Exhibit 3D

AWA Exhibit 3E

AWA Exhibit 3F

AWA Exhibit 3G

AWA Exhibit 4A

AWA Exhibit 5A is too large to load

AWA Exhibit 6A

AWA Exhibit 7A

And on to the Intervenors, on the next post…