Legalectric

It’s that time of year again, and for a change, no reminder necessary, AND it’s in 2018, not crammed in at the very end of year or beginning of next!

It’s the POWER PLANT SITING ACT ANNUAL HEARING!

This is our opportunity, as those wrestling with the state’s siting laws and rules, and absence thereof, to tell them what does and doesn’t work.  Then the Administrative Law Judge files the report and it’s ignored for another year.

Frustration with lack of response was what triggered the multiple rulemaking petitions I’ve filed, on my own as individual, and representing Goodhue Wind Truth, most recently:

Wind Rulemaking — Petition for Reconsideration

We used to have a pot-luck for the PPSA Annual Hearing, until the PUC put the kibosh on that.  GRRRRRR!  Treats is the best way to get people to show up.

Now’s the time, show up, spout off, and tell them what works and what does not.  And note that aspects of the Power Plant Siting Act DO apply to wind:

216F.02 EXEMPTIONS.

(a) The requirements of chapter 216E do not apply to the siting of LWECS, except for sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11; 216E.12; 216E.14; 216E.15; 216E.17; and 216E.18, subdivision 3, which do apply.

Greetings from my office in Myre-Big Island State Park!  It’s the perfect place for a client meeting, and a meeting with a local attorney, drafting a Petition for Reconsideration… nothing like having a fully equipped office with wheels!  The downside is that there’s a season where it works, and a season where it doesn’t — for sure it does not work in the dead of winter.

We’re getting to the end of the season, it came to an end too quickly.  There was about an inch of snow here, it rained/sleeted/snowed all night Friday and all day Saturay.  Sunday morning people cleared out of here like it was on fire.  Our furnace and little heater kept up well, and one down comforter was sufficient!

Cooking was kinda rough the first two days, but washing dishes was worse!  Then today arrived and the sun was out and it was beautiful!

Sadie got to play with her “cousin” Sandie at the dog park two days running, and she was a happy, pooped, and socialist puppy!  They’re getting along quite well, but Sandie is… well… a PUPPY!  She’s now bigger than Sadie, plump and jiggly, whereas Sadie is for sure greyhound style.

Got to see little bro’s “new” house, and, well, it’s a good thing he didn’t get the first one he told me about down there, Hwy 13 in Hartland, right near Bernie and Cheryl Hagen and right in Bent Tree!  DON’T YOU DARE!  I sent Alan and Sadie out to play while I was writing, and there was some serious bonding going on the first day at the dog park and Home Depot.  A few mods to the camper, we now have two more stable tables, and a new outlet where the camper was designed for an air conditioner plug, so running little electric heater and oven or tea kettle at the same time is no problem.  One less thing to think about.  It was odd, there were two circuits, everything was on one, and nothing on the other, but all set up and ready to run, just needed an outlet. Who needs an air conditioner, particularly in a camper!  But we all need another outlet, eh?

Only one more meeting to go, and then homeward bound!

Remember when AWA Goodhue and Pickens were pushing that wind project in Goodhue County and accused the local folks of “promiscuous ice fishing” and baiting eagles?  Well, above is what Goodhue Wind Truth’s Marie McNamara had to say about that… and we’re still at it.

A couple months ago, we filed yet another rulemaking petition, this one was the 2nd for wind rulemaking in Minnesota, to address the big holes in Minn. R. Ch. 7854, the wind siting rules.

Petition4Rulemaking_FINAL

The Commission wasn’t thrilled, and denied the petition:

20189-146644-01_Order Denying Petition

DENY THE PETITION?  WHEN THERE ARE NO WIND SITING RULES?  Yeah, right… so here’s what we filed today:

Goodhue Wind Truth_Petition for Reconsideration

Today the Motions for Reconsideration for Enbridge’s Line 3 pipeline were due, and here they are:

DoC-DER_20189-146619-01

Dyrdal_20189-146626-01

Friends of the Headwaters_20189-146618-01

MilleLacsBand_20189-146622-01

Red Lake_White Earth_Honor The Earth_20189-146620-01

Young Climate Intervenors_20189-146623-01

Whew, that’s a lot to read, but it’s instructive!!

Here’s the audio and video of the Public Utilities Commission meeting of September 20, 2018, where the Commission decided to deny the Goodhue Wind Truth rulemaking petition and to approve the Freeborn Wind siting permit Recommendation of the Administrative Law Judge that the permit be denied, AND to approve the transmission line, for which Freeborn Wind does not have all necessary land rights — note the blue triangles — that represents the underlying fee interest of non-participants.

So, Thursday’s meeting?  Goodhue Wind Truth rulemaking petition and Freeborn Wind siting and transmission permit? Here ya go!

Video (can’t figure out how to download video)

Audio Download

Below the video screen is a list of agenda items.  Click #2 for their rejection of the Goodhue Wind Truth Petition for Rulemaking.  Click on #3 for their approval of the Freeborn Wind Site permit, and #4 for their approval of transmission for Freeborn Wind.  Liberally dose yourself with anti-emetic before watching!