Legalectric

And AGAIN! It’s the Power Plant Siting Act Annual Hearing! You can attend in person, MASKED, or via webex or phone. Primary documents are posted below.

December 20, 2021 @ 9:30

PUC Large Meeting Room

121 – 7th Place East – 3rd Floor

St. Paul, MN

Comments? BE SURE TO NOTE DOCKET NUMBER FOR COMMENTS:

PUC Docket E999/PR-21-18 & OAH Docket 65-2500-37832

Written comments will be accepted through January 10, 2022, by 4:30 p.m.

Note notice only to those “who have requested notice” above? Nope, notice should be to all who are on service and project lists for projects active in the calendar year. Thankfully EERA does give notice to a lot more than just those “who have requested notice” (see “Notice & Service Lists” link posted above).

From the EQB Monitor:

Here are the projects EERA’s Summary says were approved — note that for wind it does NOT list applicable parts of 216E, such as Minn. Stat. 216E.03, Subd. 7!

Meanwhile, the update of rules for PPSA siting, Minn. R. ch. 7850, is stalled out again, WITHDRAWN by the PUC last Thursday, supposedly based on many comments made over the last few weeks by a bunch of people and orgs who were utterly absent through the NINE YEARS of this rulemaking proceeding. My grits are FRIED! The PUC Agenda Item starts at the very end of the meeting, and note the bogus statements about the “why” of this rulemaking. Let’s be clear here — it’s due to the 2005 legislative changes, SIXTEEN YEARS AGO. See PUC Docket R-12-1246. Good grief… Discussion starts at 2:48:28:

Lot of filings in preparation for the first hearing on Association of Freeborn County Landowners’ MERA suit against the PUC. At this time next week, it’s off to the races!

First, the Motions to Dismiss:

PUC Filings – Motion to Dismiss:

NSP and Plum Creek Wind Filings – Motion to Dismiss

Buffalo Ridge and Three Waters Wind Projects’ Filings – Motion to Dismiss

AFCL Response to Defendant and Defendant Intervenors Motions to Dismiss

Next, Motion for Temporary Injunction:

PUC Filings re: Injunction

NSP – Plum Creek Filings re: Injunction

On June 10, 2020, Association of Freeborn County Landowners filed a Complaint against the Public Utilities Commission and four wind projects: Freeborn Wind, Plum Creek Wind, Buffalo Ridge Wind and Three Waters Wind:

AFCL brought this suit under MERA, the Minnesota Environmental Rights Act, which gives anyone standing to sue, and sue we did, seeking:

• A declaratory order that the state’s permitting of Large Wind Energy Conversion Projects is not in compliance with the Minnesota Environmental Policy Act;
• A declaratory order that the Public Utilities Commission has not complied, and must comply, with the mandate of Minn. Stat. §216F.05 to develop rules for environmental review of wind projects;
• An order that the Public Utilities Commission promulgate rules for wind siting and environmental review;
• A remand for additional proceedings as required by law and the Commission’s rules. 
• AFCL also seeks a temporary injunction pending these directives and actions by the Commission.  Minn. Stat. §116B.10.

All the Defendants have brought Motions to Dismiss, and today I received reams of paper with their arguments:

Filings from the PUC:

Filings from NSP & Plum Creek:

Filings from Buffalo Ridge Wind and Three Waters Wind:

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Onward toward the Motion Hearing on September 2, 2020! Lots of reading and writing to do in response to these, and lots of writing to do for our Motion for Temporary Injunction!