Legalectric

UPDATE! House Trial Brief and tRump Answer.

Read the House brief, even just flip through the pages, to get a sense of the specifics, and there are specifics here, citations, evidence, etc., it’s intense and thorough.

Then read the tRump team Answer:

Not a single citation to law or evidence in the record. But statements like this:

Senator Ron Johnson reported that, when he asked the President whether there was any connection between security assistance and investigations, the President responded: “No way. I would never do that.”

And just before that, the famous lines:

“I want nothing. I want nothing. I want no quid pro quo.”

That “Answer” wouldn’t get a passing grade in Jr. High Civics, much less any law school.

Minnesota Senator Osmek is convening a Senate Energy Committee meeting in Rochester this evening to discuss a DRAFT bill SC5558-6:

6 p.m. on January 15, 2020

Rochester Community and Technical College

Heintz Center Commons

1926 College View Rd E

Rochester, MN 55904

Here’s the letter I just fired off to Committee members:

Be there or be square!

Just in, Commerce-EERA responses to Association of Freeborn County Landowners’ 11/25/2019 Data Practices Act Request:

This was the one we sent trying to get information on a Pre-Construction meeting that we’d not heard anything about, and damned if the meeting didn’t start about half an hour after we sent this request!!! Here’s the response to that 11/25/2019 request:

Some highlights:

Yes, there is that statement again of that “quick, delete those emails” Commerce policy, stated above: “As your request was received on November 25, 2019, unless I have saved an email, emails that I could provide you with would be from August 27, 2019 to November 25, 2019. ” And six times in that missive, “EERA must reiterate that email correspondence prior to August 27, 2019 had been automatically deleted by the Agency’s email system.” Yeah, we get it…

OK, fine, we send Data Practices Act Request every 90 days… we can do that.

And when we request notice of Pre-Construction meetings, after all, after all, we’re a party, have been for years now, yet from PUC’s Kaluzniak’s email about our April 23, 2019 Data Practices Request there’s an inference drawn about AFCL attendance at meetings…

And EERA says about notice to meetings:

FYI – Here’s Xcel’s Summary of the 11/25/2019 Pre-Construction meeting that no one told us about, filed December 6, 2019:

That same day, just before that Xcel filing and almost 2 weeks after getting confirmation of our 11-25-2019 Data Practices Request from the Data gurus at both PUC and Commerce, this arrives from Rich Davis… can you spell “oppositional” anyone?

Yeah, it’s just more of the “Davis Shuffle.” Save, document, wait… we’re already sitting at the Court of Appeals, and we’re waiting for PUC to address our EAW Petition. Just keep it up…

PUBLIC PARTICIPATION ANYONE?

Minn. Stat. 216E.08

Subd. 2. Other public participation.The commission shall adopt broad spectrum citizen participation​as a principal of operation. The form of public participation shall not be limited to public hearings and​advisory task forces and shall be consistent with the commission’s rules and guidelines as provided for in​section 216E.16.

The June 25, 1998 blackout report needs to be on the interwebs available to the world.

June 25, 1998? That’s the night of the transmission fail that disconnected the Midwest from the Eastern Interconnect. That question was asked by Minnesota Power’s attorney of each and every witness, I think other than MP, but maybe MP witnesses too, in the Arrowhead transmission project hearing, circa 1999-2000. There were cries of “Hospitals will go dark without the Arrowhead project,” “We’re going to freeze in the dark in an incubator” which became “We’re going to freeze in the dark on a respirator without a job” — it was so histrionic.

The Arrowhead transmission project was project 13J of the WRAO Report, and the WIREs Report, which presented many transmission lines, but chose the Arrowhead transmission project as the “be all and end all” of transmission in the Midwest, that it would fix all the transmission problems:

The hearing went forward, 2 weeks in Minnesota, where MP got an exemption from Minnesota Power Plant siting law, and for TWO MONTHS in Wisconsin, for Round 1, then 2 weeks after the cost went way up, and another 3-5 days of hearing later when cost went up again. They got their permit, it’s up…

But in that first hearing, I did get to introduce the report that showed that the June 25, 1998, blackout was NOT caused by too little capacity, it was not caused by an unreliable transmission system. It was caused by corporate greed, transmission operators running the Prairie Island-Byron 345kV’s TCEX flow over the limit, disregarding operating guides, and disregarding requests and demands to ramp the power down, violating MAPP Operating Standards and NERC Operating Policies. SHAME, NSP, SHAME!!! And MP was so tacky, trying to attribute their desire for bulk power transfer to the blackout, that the Arrowhead project would save us. Yeah, right…

Here’s the report, below, it’s a gem, I’m posting this today because I’m shoveling off my desk and there are a lot of gems here, so posting them will get them out into the world in perpetuity — can’t disappear something from the internet! Scanning them in is taking a while, a royal and dusty pain in the patoot, but just for you inquiring minds, HERE IT IS:

Here are a couple snippets, starting with p. 2:

Bottom line?

OPERATE WITHIN OPERATING GUIDE LIMITS!!

DOH!

The report goes on and on with stupid human tricks – the flow was NOT reduced by NSP System Operators:

From pps 10-11:

So if the operators had been doing the job, not focused on keeping that line operating with all that power flowing through it, selling that power, the blackout may not have happened. Great…

And for some reason, NSP operators were not communicating:

300 MW above the operating guide limits:

OPERATE WITHIN OPERATING GUIDE LIMITS!! DOH!

Operator error is a too-generous way to put it — but for the efforts to NOT reduce power flows, the inadequate response of system operators and their failure to communicate the degree of the problem, the blackout may not have happened. And then utilities have the nerve to say that because of the June 25, 1998 blackout, we need the 13j Arrowhead transmission project?

Goodhue County approves refugee resettlement

What didn’t they get in the packet? Executive Order 13888_2019-21505, which initiated the requirement for consent, prior consent, to accept refugees. That’s new. The consent however, is a restatement of existing county policy. There was no copy of the ” Presidential Determination – 2019-26082_Refugee Admissions FY 2020″ which limits refugee admissions to 18,000, a severe cut from prior years. And a basic outline of the Refugee Resettlement Act and implementation of the law. So I sent the Commissioners that info. Also missing was Gov. Walz’ proclamation of consent:

Governor Walz to Trump Administration: ‘The Inn is Not Full in Minnesota’