Legalectric

(really, that’s their “site plan” — how informative!!)

It’s in the news, Concerned River Valley Citizens’ suit against LS Power, Lent Township and Chisago County had a hearing last week.   Short version:

Judge Hoffman said he wanted to be armed with sufficient information to make a decision. He asked for just one thing – a written transcript of the legislative discussion that preceded the adoption of the legislation regarding the tax exemption in 2009, specifically subdivision 92 pertaining to the obtaining of the development agreement.

He asked the attorneys to write a letter to the court when it is provided and then he will make his decision.

The judge believed this information is important and he can’t be obligated to make a decision until he knows what the legislation said about approval of a development agreement “before” the start of construction.

Most committee meetings now are available online, and the legislative library provides tapes.  One problem is that the legislative intent is rarely conveyed in the committee meetings, and all the behind the scenes doings aren’t going to see the light of day.

The statutory section at issue – Minn. Stat. 272.02, Subd. 92.

Here’s the Summons and Complaint from last June:

CRVC -Summons and Complaint

For more info, go to www.stopsunriseriverplant.com

From ECM Post Review:

Judge asks for one thing in power plant civil case

Wednesday, 06 October 2010

By MaryHelen Swanson

In courtroom 202, Tenth Judicial District Judge John C. Hoffman heard from attorney Douglas Sauter of Barna, Guzy & Steffen, Ltd., representing the CRVC and Carlson, and three attorneys representing Chisago County, Lent Township and LS Power (Sunrise River Energy) respectively.

The CRVC and Carlson have filed a civil lawsuit against the three entities named above in connection with the siting of an electric generating power plant in Lent Township.

The attorney for Chisago County, separately retained, explained to the judge the proposal by LS Power and the coalition’s argument that there is no pre-emption to county zoning ordinance. The county’s attorney says there is pre-emption.

The attorney showed the judge the legislation enacted in 2009 that required a development agreement and host agreement before tax exempt status is granted.

The attorney said in his opinion, the county, as well as Lent Township, did nothing wrong, it was what they needed to do.

The CRVC and attorney believe that the cart has been put before the horse and argues that the sequence of events is wrong.

Attorney Sauter provided Judge Hoffman with background on the proposal, which has LS Power constructing a 780 MW natural gas-fired electric generating plant on 40 acres in Lent Township, property adjacent to the substation off County Road 14.

Giving details of the LS Power proposed project, Sauter told the judge the presence of such a large plant would destroy the nature of the community and Carlson’s ability to sell high end lots in his nearby development.

The process, he stressed, is important.

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Blake Wheatley promotes his vaporware project (from Chisago County Press, fair use)

Here’s the latest from the Chisago County Press:

10/22/2009 8:38:00 AM

Hundreds attend LS Power information meeting sponsored by county and Lent Township

BY DENISE MARTIN

Monday night’s informational meeting on the LS Power electric station project began civilly-enough; but as the session stretched into its second hour, peoples’ patience thinned and audience members felt compelled to hoot at some speakers or applaud mightily for others.

Lent Township Hall, an airplane hangar-sized building, was filled to standing room only. Posters were carried by people declaring “stop the power plant” and “we need jobs now.”

The panel of state and local officials walked everybody through the various processes each panel member had regulatory authority over. The public microphone was then opened up for statements, speeches, questions and concerns in the second half of the meeting.

There is no design or site plan available yet for the electric station, which is proposed for an area near County Road 14 and 15, next to the Xcel electric substation.

The Public Utilities Commission has been told to expect a permit application from LS Power in late 2009 or early 2010, according to PUC representative Bob Cupit.

Those attending the meeting were also informed state authorities have “pre-empted” from local authority, the permitting for the LS Power electric station project.

Chisago County Attorney Janet Reiter explained state laws basically require state control over projects needing state permits. The county is a “subdivision” of the state and Reiter added, the county relinquishes siting and permitting tasks for a project like this.

Later in public comment, an anti-power plant organizer Shellene Johnson seemed to support local authorities taking back oversight. She asked Bob Cupit, the Public Utilities Commission official, to expound on ways statutes do indeed allow for a “local siting” procedure.

Cupit said the facility must be operated ONLY as a peaking plant and must use a single source of fuel, for it to qualify under local siting. He was under the preliminary impression the LS Power project did not qualify for this. LS Power proposes a combined fuel plant of natural gas and fuel oil.

Cupit also assured the audience the PUC analysis and review of this plan will be “top end.” Due to the public interest and implications of the project, “no short shrift” will be given to this state review by any PUC regulators, Cupit stressed. LS Power has to demonstrate need for the plant capacity (futures contracts sales, etc.) and show the PUC the project, “is in the interests of Minnesota energy consumers.”

The PUC permitting process can take anywhere from six months to one year, depending on what PUC Board members pursue as a review process. Cupit said law allows for a citizen task force. He anticipates citizens will be asked to contribute during development of the permit evaluations.

If citizens feel the system still failed to consider issues, the decision of the PUC can be appealed to the state Court of Appeals.
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The Chisago natural gas plant, dubbed “Sunrise River Energy,” finally made the news in Minnesota.   Could it be any larger?  “What do we need this for,” you may ask.  It’s simple, we DON’T, it’s for export.  Note their threat to move to Wisconsin if they don’t get what they want, and Rep. Kalin and Sen. Olseen buy into that and cave, giving them an exemption without letting the local governments who would lose tax revenue a heads up about it.   Here’s the whole thing from the STrib — sorry it took so long to post this, I’ve been on the road and mired in moving stuff:

855-megawatt power plant planned

A bill now before Gov. Tim Pawlenty would provide tax breaks for the $300 million gas-fired plant in Chisago County.

By MATT McKINNEY, Star Tribune

Last update: May 13, 2009 – 9:30 PM

One of the largest power plants in the state would rise in the township of Lent in Chisago County via a bill that on Wednesday went before Gov. Tim Pawlenty for his signature.

The $300 million Sunrise River Energy station, an 855-megawatt natural gas-fired plant, would open by 2013 pending regulatory approvals, according to the company that would build it, LS Power, a private utility with offices in New Jersey and Missouri.
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