Legalectric

Wind on the Wires Gala…

In Chicago, Bill Clinton calls for national grid to boost renewable energy.

Yes, it’s all connected…There goes Clinton promoting transmission that enables coal.

We all know Bill Clinton has his warts:

But did you know that yesterday Clinton exhibited a major outbreak of warts as a transmission toady for Obama?

And we all know Obama loves transmission and declared seven transmission projects for “accelerated permitting and construction” including two of “my” projects, the PSEG Susquehanna-Roseland line and Xcel’s CapX 2020 Hampton-Rochester-LaCrosse line.  I’ve posted a few times about this:

Obama “fast tracks” transmission?!?!?!

Obama’s Transmission BS in the News

What does Obama’s Xmsn push mean?

Here’s the plan in the Midwest — check out the blue solid lines and dashed lines:

… and it gets worse:

These JCSP lines are in the MTEP 11 Appendices, 765kV lines across the Midwest:

MTEP11 Appendices ABC

But do you know the level of toadyism and sell-out of so called “environmental” groups that made this transmission build-out possible?  Transmission is just one of the legacies of the Izaak Walton League (and its program “Wind on the Wires”), Fresh Energy, Minnesota Center for Environmental Advocacy, and North American Water Office.  There’s also coal gasification, burning turkey shit, and rolling for nuclear power in a deal to stick nuclear waste in Florence Township and taking the money for compensation of the Prairie Island Indian Community and shift that into the Renewable Energy Development Fund, Community Based Energy Development (C-BED) legislation that gave House Speaker Steve Sviggum a turbine and substation on his land in the first C-BED project applied for (and thankfully failed).  Gee, thanks for all of this and more from Minnesota’s “environmental” organizations over the years… the 1994 Prairie Island deal, the 2002 Transmission deal, the 2003 Prairie Island deal… it makes me ill.  Who do they think they are to make these deals, who are they representing?  Not the people!  Not the public interest!

Here’s some primary documentation:

Settlement Agreement – ME3(Fresh Energy), Izaak Walton League, Minnesota Center for Environmental Advocacy, North American Water Office

$8.1 Million to Wind on Wires – grant from McKnight/Energy Foundation

$4.5 Million to Wind on Wires – grant from McKnight/Energy Foundation

2005 Session Laws Chapter 97 Transmission Omnibus Bill from Hell

“Wind on the Wires” website – remember, this is a subset of Walton’s, they’re on Walton’s payroll until after 2010 election

Bill Grant – Sawmill Presentation – Promotion of Coal Gasification

Presentations at IEDC (Legalectric – posted February 16th, 2007)

IEDC gets carried away (Legalectric – posted February 15th, 2007)

You might think this is old news, but it’s not, it’s got an impact right now, an impact felt by the thousands of landowners whose land is being condemned right now for CapX 2020 transmission routed over their land.  Why?  Well, just after Mark Dayton won the election in 2010, the Waltons and Wind on the Wires did a spin off (note their numbers don’t match), separating the two, that’s just after the election, and just before Gov. Mark Dayton announced the Walton’s Bill Grant would be the new Deputy Commissioner of Dept. of Commerce in charge of Energy Facilities Permitting.

2010 Izaak Walton League of America IRS Form 990

2009 Izaak Walton League of America IRS Form 990

And “Wind on the Wires” IRS 990s:

Wind on the Wires 2009 IRS Form 990 (signed 11-12-10, a week after the election)

Wind on the Wires 2010 IRS Form 990 (signed 11-14-2011)

How could anyone be more unsuitable for a position heading the state Energy Facilities Permitting department at Commerce?

Here’s the article in its entirety for posterity — from Midwest Energy News, brought to us by (buy) RE-AMP!

In Chicago, Bill Clinton calls for national grid to boost renewable energy

Posted on 12/13/2012 by Kari Lydersen

“Look what happened to civilizations that had their day in the sun and then declined,” he said. “Progress is a long road, a lot of rolling big rocks up steep hills.” Read the rest of this entry »

Gov. Mark Dayton rolled out the plan early in his term — GUT environmental review and protection.  What do Minnesotans think?  This week we got a chance to tell him.

Surprise!  The first meeting about the state’s environmental review was standing room only, when we got there a line started at the door going back and winding in.  They’d supposedly expected 30-40 but got about 200, 175 signed in and I’d bet quite a few didn’t.  Keep in mind that this was a meeting held at 9:30 a.m. on a weekday.  Suzanne found a spot with just enough room for us to stand.  As it was getting started, I noticed, DUH, that there was a white board behind me, so because there was no designated way to make comments other than holler, well, of course I did that too, particularly regarding FUNDING, because there was no mention of funding and how all the agencies are hurting to the point of being unable to regulate, anyway, a few of my comments (click photo for larger view):

There were meetings this week, and there are more the week of December 10 — SHOW UP AND LET THEM KNOW WHAT YOU THINK ABOUT THE STATE’S JOB ON ENVIRONMENTAL REVIEW:

December 10 – Worthington, Worthington High School 3:30pm – 6:00pm

December 12 – St. Cloud, Stearns County Service Center 5:30pm – 8:00pm

December 14 – Moorhead, Minnesota State University 3:00pm – 5:30pm

I’ve posted before about Gov. Dayton’s brown environmental initiatives — right off the bat he muzzled and prodded MPCA and DNR to ram permits through:

Dayton’s Executive Order 11-04

And then he announced plans to “streamline” environmental review, and we all know what “streamline” means”

Executive Order 11-32

So at these meetings ostensibly about “environmental review” we were funneled into a “multiple guess” exercise about the “Environmental Report Card” and nothing about “Improvement of Environmental Review” or “EQB Governance and Coordination” which were reports that, in addition to the “Environmental Report Card” were approved by the EQB on November 14, 2012.  There was a “comment” opportunity at the EQB, but there were maybe 5 people who commented, utterly ineffective solicitation.

EARTH TO MARS!  With the EQB approving those reports November 14, BEFORE the public meetings, there was pretty much ZERO input into those reports.  Although it’s heartening to see that there’s been some pull-back from the overt gutting of the EQB laid out in the draft report, and maybe, MAYBE, pull back from reframing the whole intent of environmental review, it’s a problem where the fix is in and where the important policy documents are done before we’re invited to join the game.  Thanks, guys…

Here are the reports:

• Evaluation and Recommendations for Improving Environmental Review
• Recommendations for Environmental Governance and Coordination
• Minnesota Environment and Energy Report Card

I’ve said it before and I’ll say it again, someone like Bill Grant, formerly Izaak Walton League, now Dayton’s Deputy Commissioner in charge of Energy Facility Permitting, the guy who facilitated the CapX 2020 transmission buildout, and who promoted coal gasification, he has no business being involved in siting of utility permits.  He has an egregious conflict of interest, having been part of energy project promotional efforts, and needs to be fired.  Here’s Grant eing interviewed before the program started:

At two recent frac sand mining meetings in Red Wing and Wabasha, I handed out at least 270 flyers, , posted info on this blog and sent info out on lists.  I’m hoping that had something to do with so many turning out.  Frac sand was a major topic, I really stressed the need to fund the state’s regulatory agencies so they can do their job, and others way over across the room were not happy with how the discussion was an exercise in control of discussion.  It’s safe to say that they got an earful.

Rep. Denny McNamara came in and worked his way back to a tiny open spot by us, he ended up next to Alan, and Alan quietly said hello and noted that they’d first met at a meeting in Cottage Grove regarding the 3M incinerator, and he gives Alan a nasty look and makes a gratuitous snide comment about “Oh, did you get a haircut?” and looks at the back of his head.  EH?  Alan said something in his oh so nice way, and I piped up from behind, “At least he doesn’t dye his!”

Denny McNamara’s trainer better put a muzzle on him.  That guy is supposed to be representing the people in his district, and in that case he represented the interests of 3M, notorious polluter of the water and air, and he has the nerve to be a defensive jerk when there’s no need to be.  If mere mention of meeting him at a hearing regarding the 3M incinerator elicits that brand of obnoxiousness, oh my, he must be guilty of more offensive rolling to corporate interests than suspected!

A google pops up this article right at the top:

McNamara plans big refashioning of LCCMR projects

Rep. Denny McNamara tonight plans to take an axe to a swath of proposed environmental projects that are paid for by Minnesota Lottery money.

McNamara, R-Hastings, is planning to initiate a challenge to about $8 million worth of projects that were previously recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR). The total bill recommends $52 million in projects that are paid over a two-year period out of the Environment and Natural Resources Trust Fund, which is built up by Lottery proceeds.

Check out that post… Hey Denny, how about addressing the extreme environmental issues around Hastings?  So glad he’s been ousted as Chair of the House Environment Committee.

Starts in Rochester on Tuesday MORNING at 9:30 a.m.  Whose brilliant idea was that, who can show up at 9:30 a.m. on a Tuesday?

How did this slashing of environmental review, started under Gov. Pawlenty, continue under Gov. Mark Dayton?  It started right after Dayton got into office, with Executive Order 11-04, gutting and muzzling the MPCA and DNR:

E.O. 11-04 Establishing Goals and Procedures to Ensure that Certain Environmental Permits are Issued More Efficiently

That E.O. pushed the MPCA and DNR to ram through permits through FAST (and delay has NOT been a demonstrable problem, because the delays have been caused by applicants not providing required information) as if that “improves” environmental review.

And then comes Gov. Dayton’s Executive Order 11-32, which started this round:

Executive Order 11-32

He’s pushing for “streamlining” and those words are just so wrongheaded.  And they way he’s doing it, all this activity at the EQB making recommendations on “improving environmental review” and “governance and coordination” BEFORE they have the public meetings and this “Environmental Congress.”  So tell me, how is it that the fix isn’t in, and we’re now going through the motions after it’s already a done deal?  Do tell, how are these “oh-so-proud we’re DFL” Democrats any better than the “strip-the-funding-until-regulation-collapses” Republicans?  It’s bad news any way you look at it.

But yes, let’s look at it.

Here’s what the EQB released last week.  Deputy Commissioner Bill Grant (Settlement Agreement – ME3(Fresh Energy), Izaak Walton League, Minnesota Center for Environmental Advocacy, North American Water Office) now in charge of Energy Facilities Permitting, and Matt Langan (who now works for Xcel, so two different sources have said, way to go Matt… sigh… after blowing environmental review on CapX Hampton-La Crosse, omitting transmission where there’s a HUGE corridor, and saying there’s transmission where there is none, GOOD JOB!) were to do the “Report Card.”  They have no business doing any such thing, are uniquely disqualified.  But Matt left, leaving Bill Grant… that environmental review is in any way in his hands is disturbing.

• Evaluation and Recommendations for Improving Environmental Review
• Recommendations for Environmental Governance and Coordination
• Minnesota Environment and Energy Report Card

Reading the Evaluation and Recommendations for Improving Environmental Review, maybe the Comments got through to some extent.  The ultimate recommendations are better than the draft, for sure.

OH MY!  The Recommendations for Environmental Governance and Coordination are even better, recommending no changes to recognizing that there isn’t sufficient staff to do the work.  The MPCA part could still be a problem, as it recommends MPCA address how to change, so keep on it!

Some of the meetings are this week, starting Tuesday at TOO EARLY O’CLOCK!  It looks to me that Ellen Anderson is doing for Dayton what Mike Bull did for Pawlenty (well, among other things), these dog and pony shows across the state.  I’ve been passing out handouts about this hoping to get folks to turn out and give them a piece of their mind about what “improvement” of environmental review should mean.   Handout – RW Forum

November 27 – Rochester, Wood Lake Meeting Center 9:30am – 12:00pm

November 27 – Bloomington, Normandale Community College 6:30pm – 9:00pm

November 28 – Duluth, Lake Superior College 5:30pm – 8:00pm

December 10 – Worthington, Worthington High School 3:30pm – 6:00pm

December 12 – St. Cloud, Stearns County Service Center 5:30pm – 8:00pm

December 14 – Moorhead, Minnesota State University 3:00pm – 5:30pm

The oh-too-cozy connections in Minnesota are pushing my buttons today. Wind on the Wires’ death-of-wind-as-we-know-it comments to the Public Utilities Commission  arguing a “this will affect all of Minnesota” were given way too much weight for an entity that wasn’t even a party, and given their tight and close connections to the Dept. of Commerce Energy Division head, it seemed undue influence.  But it got worse today… and suddenly, HOG PILE, lots of things came to light.

So what else happened?   Well, it’s a full moon.  I was looking for a document in my Goodhue Wind Truth file and my cursor passed over a WOW filing, Comments they’d filed in the record that I’d downloaded and filed with the rest, and as my cursor passed over it it said and I cursed:

Author: Alan Mitchell

Say what?!?!?!  Alan Mitchell, author of Wind on the Wires filings?

So I open it up and check the document properties directly, and sure enough, it says “Author: Alan Mitchell.”  Open it up and see for yourself:

Author: Alan Mitchell – Wind on Wires Comments November 15, 2010

Who is Alan Mitchell and why should anyone care if he authored comments?

Alan Mitchell is an attorney working on energy issues — he worked as the Asst. A.G. on utility siting at the EQB forever, during Nuclear Daze, I almost thumped him on the head when he made a DUH! admission we’d been fighting about for years.  He was there (Dwight Wagenius too) during Arrowhead and Chisago transmission, and retired I think in the Pawlenty administration exodous, around 2006? and went to Lindquist & Vennum, to work on energy issues, and then jumped to Fredrickson & Byron, at the same time Todd Guerrero did.

And there’s the rub.

Todd Guerrero represents AWA Goodhue Wind (community based wind my ass — can anyone spell “T. Boone Pickens” the owner of this project?  Last I checked, Anywhere Texas is NOT in Minnesota)  in the AWA Goodhue Wind fracas at the Public Utilities Commission and Appellate Court.  To check those AWA Goodhue Wind dockets go to www.puc.state.mn.us, click on the blue “Search eDockets” button, and search for dockets 08-1233 (siting), 09-1186 (Certificate of Need) and 09-1349 and 09-1350 (PPAs).

Todd representing AWA Goodhue and Alan for Wind on the Wires.  It’s too close folks — have you checked your “conflicts” file?  Oh, yes, that’s right, it’s not a conflict because their positions are in alignment, AWA Goodhue Wind and Wind on the Wires are both promoting this project, DUH!  So having Alan and Todd working on this together, well, it’s not a conflict, it’s not scumbaggery, it’s economies of scale, eh?  It’s something that we should know when presented with Wind on the Wires filngs, and their failure to disclose is something I’ll be mindful of, it shows their spots, not that the Commission give a rodent’s rump.

Not to worry, WOW has other pigs it’s also rolling around in the mud with.  There’s the matter of Bill Grant, former head of Izaak Walton League, who was appointed by Gov. Dayton to be the Deputy Commissioner of the Dept. of Commerce’s Energy Division and the Facilities Permitting shop.  And after all, Wind on the Wires is separate, eh?  Well, sort of, but wait, take a look at the first IRS 990 filing by WOW:

2009 Wind on the Wires IRS 990

Look closely, and take note that this IRS 990 was filed on November 12, 2010.  REMEMBER THAT DATE!  Just for yucks, let’s take a look.  The IRS 990 claims income of  and assets of:

$   706,500    Contributions and grants

45    Interest

$    201,524     Cash

$    505,000    Pledges and grants receivable

118 Prepaid expense and deferred charge

$1,130,084

And expenses?  Put on your seat belt:

Yes, that says $3. as in THREE DOLLARS.  EEEEHH?

Here is their lobbying report from Wisconsin — and then there’s Minnesota to consider too:

WOW – Lobbying Report – 2009-2010

And here’s the snippet from the Walton’s 990 reporting that expense:

Let’s see if I understand this — Izaak Walton League is reporting it as an expense on their IRS 990 and not registering with the state, and Wind on the Wires is registering their lobbyists with Wisconsin but reports nothing on their IRS 990.  OK, now for a closer look at that below!

Onward with the WOW 2009 IRS 990.  WOW says that 2009 was a “transitional year” and that:

Uh-huh… right.   “Majority of activity” with over $600k in expenses while at the Waltons, and $3 in expenses independently.  Uh-huh… uh-huh… As for $$$$, “The $423,442 capital contribution to Wind on the Wires is the IWLA’s “Project” net assets at the end of 2009.”  $432.442…

Sure, OK, let’s see what the Walton’s IRS 990 says about that.  Hmmmm, nothing about going independent, and this was filed August 27, 2010, almost 9 months after 2009 ended, you’d think they’d know what happened in 2009:

Here’s the full IRS 990 filing, see for yourself.  Wind on the Wires is the biggest program, income and expenses, that they’ve got going:

2009 Izaak Walton League IRS 990

And remember that Wind on the Wires claim of a “contribution of $423,442?  Here’s it’s $431,942:

The Waltons had $8,500 more at year end, and more importantly, as of the Walton’s 8/27/2010 “year end” filing of their 2009 IRS 990, it was owed to WOW, it wasn’t outgoing money — it hadn’t been paid as of their year end…

We’re in a time warp here.

OK, now for Waltons’ lobbying — their 990 reports $102,000 lobbying expenses in Wisconsin, via Lee Cullen of Cullen Weston Pines & Bach:

And who else does Lee Cullen lobby for?  Let’s see… In addition to “Wind on the Wires” (and remember, prior to the 2010 filing, the 2009 501(c)(3) status and independent filing, it was but a program of the Izaak Walton League) Lee Cullen lobbied for Citizens Utility Board in past years, and while representing the Waltons… errrrrr… Wind on the Wires, throughout 2007 to the present session, he also represented RENEW Wisconsin and ATC Management, LLC … ATC Management, LLC?  You mean ATC?  ATC?!?!?!  Yes, that’s right, AMERICAN TRANSMISSION COMPANY.

Oh, it’s getting too cozy in here… but as above, there’s no conflict, nosiree, no conflict at all, because WOW is in bed with American Transmission Company, their interests are the same, there’s no conflict!

Anyway, back to the date of the Wind on the Wires IRS 990 — it was filed November 12, 2010, just a week after the election, the election where a governor was just elected who shortly thereafter appointed the Walton’s Bill Grant, head of the Midwest Izaak Walton League, to be the Deputy Commissioner of Commerce, Energy Division, in charge of energy facility permitting.  Uh-huh…

And then there’s that WOW  Board of Directors.  More on that tomorrow or Tuesday, but for sure before November 17, 2011,  when Howard “The Slow” of ELPC hosts another bogus “Transmission Strategy” meeting.  I wonder who’s paying for that?!?!

Yesterday, we filed Motions for Reconsideration of the Minnesota Public Utilities Commission Order regarding the AWA Goodhue (a/k/a T. Boone Pickens) Wind Project:

PUC Order – AWA Goodhue Wind Project Permit

What’s really weird about it is that not only is there a PUC Order where the ALJ’s Findings of Fact, Conclusions of Law and Recommendation is adopted, with a few amendments and deletions, but there’s an “EFP” Order too, with the Energy Facilities Permitting writing their own separate overlapping “Findings.”  Ummmmm…. who the hell is EFP to be writing Findings? When do intervenors get a chance to comment on them??? This is a very bizarre morphing that is not addressed anywhere in the rules.  I can see EFP briefing papers, but Findings… and Findings that aren’t even cited?  WTF?

Anyway, here’s what’s been filed, starting with my client, Goodhue Wind Truth:

GWT – Reconsideration – Site Permit

GWT – Reopen Based on New Information

GWT – Reconsideration – Certificate of Need

There are a lot of  others, will post later, this is painfully slow…