Everybody, get out your HERC Hanky and wave it for the home team!!!

Last Thursday was a fairly short, but quite intense, day at the Public Utilities Commission.  First up was Freeborn Wind (go here and search for docket 17-332), and its application for a transmission line for the project plus more.  We did get the “proceeding” process and not a summary report. That’s good, not a huge deal, but enough that it means we get some extra process in the transmission routing docket, meaning an ALJ drafted Findings, Conclusions, and Recommendation (not just a report), and the opportunity to file Exceptions to the ALJ Recommendation. In those exceptions, we can also ask for public comment and oral argument to the Commission.

Second on the agenda was the HERC Power Purchase Agreement, and Xcel Energy’s HERC PPA Petition to cut the rate (go here and search for docket 17-532).

Bottom line, after much deliberation, and a 10 minute break (what is it they do back there???), here’s the decision option they chose, as framed in the Staff Briefing Papers_201711-137262-01:

Way to go, Mr. Alan Muller!

Seems to me that but for our squwaking, it would have eased on through.  But the question remains, where were all the folks who supposedly had committed to shut down HERC?

Primary documents were posted earlier here:

Activists have been fighting against the “Hennepin Energy Recovery Center” (HERC) and other garbage incinerators for decades.

But in no other U.S. state, except perhaps Florida, does the garbage incineration industry have its hooks so deep into government and politics, so it’s been a long struggle.

We need to demand that our Minneapolis mayoral and City Council candidates pledge now to phase out or shut down one of our dirtiest local polluters.

Hennepin County’s HERC garbage burner is a dirty old 1980s cash cow, located in the North Loop neighborhood in downtown Minneapolis, next to the Twins Stadium.

HERC is one of Minneapolis and Hennepin County’s worst air polluters. About 75 percent of the garbage going in is generated in Minneapolis.

The health-damaging smokestack emissions total close to 1.5 million pounds per year and include dioxin (a major carcinogen and key component in the toxic Agent Orange herbicide), mercury, lead, fine particles, carbon monoxide, other heavy metals, and dozens of other hazardous pollutants. Depending on weather conditions these emissions impact many city neighborhoods and beyond. These poisons cause or exacerbate asthma, bronchitis, strokes, heart attacks,cancer, and many other serious health problems.

Minneapolis residents, especially poorer residents, are the main victims of HERC air pollution, as has been shown by the maps produced by state Rep. Karen Clark (DFL-Minneapolis) and others. These maps were prominently displayed at Minneapolis Planning Commission meetings and at City Council meetings during deliberation and rejection of expanded HERC burning, and are available on line and from Clark.

Despite a sophisticated public relations effort and an abundance of “alternative facts” by Hennepin County, Covanta, and others, our burned garbage doesn’t magically disappear and isn’t “converted into electricity.” Some call incineration “landfilling in the sky.”

The remaining ash is toxic and is taken to a special local ash dump.

Two key problems, which are connected, obstruct progress of Minneapolis towards being a truly (as opposed to rhetorically) clean, healthy and sustainable city.

One is the chokehold that Xcel Energy has on officials and policies, leading to ever-increasing electric rates (while the wholesale price of electricity drops) and near-meaningless “partnerships” rather than real moves towards cleaner energy.

The other is our friend the HERC.

On the face of things the key bad actor behind the HERC is Hennepin County, owner of the burner and joined at the hip to the garbage incineration industry.

But the less obvious nexus of these two evils is that Xcel itself is in the garbage burning business, owning and operating dirty old burners in Red Wing, Mankato and French Island in Wisconsin. We don’t know of any other major electric utility in the garbage burning business, except for Great River Energy, also in Minnesota.

Xcel’s three company-owned burners very likely produce the most expensive and unhealthy power on its system, except, perhaps for purchased dirty-burner power.

We now have unusual leverage to help phase out or shut down HERC:

The HERC generates a little electricity, which is sold to Xcel under a “Power Purchase Agreement.” Xcel Energy has opened a docket at the Public Utilities Commission, (E002/M-17-532) for consideration of extending the HERC Power Purchase Agreement – which expires at the end of 2017 – at a much lower price.

Our leverage at this time

The HERC “PPA” with Xcel expires at the end of 2017. Since electricity sales are a significant revenue source for garbage burner operators, we have here a great opportunity to save money and improve public health by allowing the HERC PPA with Xcel to expire at the end of December.

As noted above, there is a docket about this before the MN Public Utilities Commission. I have submitted comments and Neighbors Against the Burner has petitioned to intervene. Xcel’s proposal is to extend the contract but at a reduced rate. Neighbors against the Burner is looking towards no extension “at any rate.” This would be a strong push towards a HERC shutdown.

Four years ago, before the last cycle of Minneapolis municipal elections, that proposal to burn more garbage at the HERC became an election issue. The Sierra Club, MPIRG (Minnesota Public Interest Research Group) and others worked doggedly against the expansion scheme with the result that after the elections it was clear that there were not the votes on the City Council to approve more burning.

A mayor was elected who said she opposed more burning and supported Zero Waste objectives. The expansion proposal was withdrawn, resentfully, by Hennepin County, which told Minneapolis to collect “organics.”

Now, however, we are in another Mpls election cycle and the silence about the HERC and better waste management is deafening.

In April 2016 an anti-HERC coalition of multiple groups was loudly announced, but nothing ever came of it.

Sierra Club, for example, didn’t even include a HERC or Zero Waste question in its candidate recent questionnaire.

Recently the city rolled out a feeble “Zero Waste Plan” draft.

As election day draws near, what do the rest of the mayoral and council candidates have to say about HERC, Xcel, “Zero Waste” and a truly green, sustainable and healthy Minneapolis?

What’s happened? Hard to be sure, but:

Both Xcel and Hennepin County are extraordinarily effective at lobbying and getting their way, as is Covanta, the contract operator of the HERC. Some would say they are all skilled manipulators of “alternative facts” in their attempts to greenwash a dirty old dinosaur of a garbage burning plant, a relic of the 1980s.  Hennepin County has told the Public Utilities Commission in wants to burn at the HERC for at least twenty more years.

As with many issues today, now is the time to stand up. Now, before the election, is the time to let candidates know what you think and for candidates to declare what they think.

As we celebrate “National Character Counts Week” declared by our Twit-in-Chief:

President Donald J. Trump Proclaims October 15 through October 21, 2017, as National Character Counts Week

… here’s the latest example from the guy who wouldn’t know character if it bit him in the ass, which it does regularly:

Presidential Executive Order Promoting Healthcare Choice and Competition Across the United States

Right… “promoting healthcare choice and competition.”

In today’s STrib:

Minn. joins suit against Trump’s halt to health insurance subsidies

There will be a comment period, so might as well start commenting NOW:

GET IN TOUCH WITH THE WHITE HOUSE

Tell tRump what you think, in technicolor.

Get ahold of Congress too, let them know what you think about this abuse of power through yanking dollars:

U.S. Senate: Senators of the 115th Congress

Find Your Representative · House.gov

Here’s an example of missing the point entirely:

The Patient Protection and Affordable Care Act (PPACA), however, has severely limited the choice of healthcare options available to many Americans and has produced large premium increases in many State individual markets for health insurance. The average exchange premium in the 39 States that are using www.healthcare.gov in 2017 is more than double the average overall individual market premium recorded in 2013. The PPACA has also largely failed to provide meaningful choice or competition between insurers, resulting in one-third of America’s counties having only one insurer offering coverage on their applicable government-run exchange in 2017.

Hmmmmmmmm, this is about health “insurance” and I don’t see anything about “health care.” As usual, Trump is not noting the distinction!  The points above are about problems with the health insurance industry.

Once more with feeling, we want HEALTH CARE and not HEALTH INSURANCE.  The issue above about cost of premiums going up, and that’s the insurance companies, and the complaint is about “only one insurer.”  When are we going to get insurance companies out of the mix?  DOH!

Wisconsin Power and Light, owner/operator of the Bent Tree Wind project is under the Alliant Energy corporate umbrella.  Recently, Wisconsin Power & Light filed a response to the noise study for its Bent Tree wind project:

WPL_StudyResponse_201710-136370-01

In this response, well, it’s not wind turbine noise, it’s the birds! It’s the rustling leaves!

Here’s the noise study, in case you missed it:

Bent Tree_Noise Monitoring_20179-135856-01

Oh my, seems that Association of Freeborn County Landowners has struck a nerve.  Freeborn Wind Energy (Invenergy) has responded:

Freeborn_Reply_201710-136128-02

Here’s the Response of AFCL to that Reply:

Reply_Association of Freeborn County Landowners_Petition for Task Force

There are some pretty wild statements, attributing motives and purposes that are off the wall:

  • Apparently, aware that a task force could not meet its traditional statutory duties, AFCL argues for the creation of a new purpose — that such task force should be appointed to help resolve contested factual issues. Response, p. 7.

 

  • AFCL appears to be seeking and Advisory Task Force that would persist through the contested case proceeding. Response, p. 8.

 

  • AFCL’s request for a Scientific Advisory Task Force is, quite transparently, a second try to commence a rulemaking relating to wind turbine noise. Response, p. 8.

Oh my… Here’s the statute, and a review of that demonstrates that the first two of their presumptions are contrary to law, and ya know, there are some lawyerly rules (Rule 11 anyone?) against those types of arguments misrepresenting the law:

“AFCL argues for the creation of a new purpose?”  No.  The only purpose specified in the statute, but stated in a way that leave it open to other purposes, is one of “evaluating sites.” That’s in the second sentence of Subd. 1.  What typically happens in a task force is that the application is reviewed, members comment on it and raise issues and proposed additional options.  That’s called informing the record.  That’s what task forces do, contribute their first hand knowledge of their community, and use that to evaluate sites, to propose alternate sites (which should be in the application but are not!). The charge is to be specified by the Commission.

“Persist through the contested case proceeding?”  After the Chisago I task force, which intervened in the first Chisago contested case, Northern States Power made sure that wouldn’t happen again, and in 2001 pushed to get language into the statute that did exactly that:

The task force shall expire upon completion of its charge, upon designation by the commission of alternate sites or routes to be included in the environmental impact statement, or upon the specific date identified by the commission in the charge, whichever occurs first.

Minn. Stat. 216E.08, Subd. 1.  DOH!  No way can the task force “persist.”

“AFCL’s request for a Scientific Advisory Task Force is, quite transparently, a second try to commence a rulemaking relating to wind turbine noise.” No.  I’ve filed a lot of rulemaking petitions over the years, and even more petitions for task forces.  With the 2016 petition to the MPCA for rulemaking on wind noise, the Commissioner said that there wasn’t sufficient “understanding of wind turbine noise and its potential effects” for rulemaking:

MPCA-7030 Denial of Rulemaking Petition

Soooooooo, if there is insufficient understanding, how do we build that understanding to the point its sufficient to support rulemaking, how do we “monitor the science” for a decision regarding future rulemaking?  Yes, seems to me this is what a Scientific Advisory Task Force is for!  And it’s my belief that the last time this was done was the Stray Voltage report from the “Science Advisors”back in the ’90s, appointed by the Public Utilities Commission to consider stray voltage:

3a.-Stetson-MN-Science-Advisors-NRAES-03

This report came up several times in the Arrowhead Transmission Dockets in Minnesota and Wisconsin, and was not at all helpful in advancing understanding of stray voltage, that took a few successful plaintiffs, like Zumberge and Cook in Minnesota, but this is a way to develop the record. Worth noting is that this Science Advisors report was before Freeborn Energy’s attorney Lisa Agrimonti’s time… though I know Mike Krikava would remember!

I have a rulemaking petition for both Minn. R. Ch. 7030 and Ch. 7854 on deck, but as far as I can see, nothing has changed in MPCA’s “understanding” of wind noise and impacts on human health. We need to get the information into the system somehow. A Scientific Advisory Task Force — that is why this statute was created, that’s the purpose!  DOH!

The Response of Freeborn Wind Energy has zero credibility. Did they make these arguments up while sitting around the bar after the Line 3 hearings last week? Good grief…