Legalectric

Here we go, deja vu all over again. Xcel Energy has taken over Freeborn Wind and has asked for a permit amendment, the Permit Amendment filings are here:

STAY, Freeborn Wind!

The Public Utilities Commission has just issued notice of the Comment period on the Permit Amendment:

Initial comments accepted through November 12, 2019 at 4:30 PM.
Reply comments accepted through November 19, 2019 at 4:30 PM.

Here is what they want to hear about:

Topics for Public Comment:
• Should the Minnesota Public Utilities Commission amend the Freeborn Wind Farm Site Permit to change the number, type and layout of the turbines to be used, as well as additional participating land?
• Should the Commission accept the supplemental environmental impact analysis?
• Should any permit conditions be modified or added if the requested amendments are approved?
• Are there other issues or concerns related to this matter?

Oh yes, there are plenty of other issues, and you’ll hear all about it, PUC! But it’s nothing you don’t know already.

To view all the filings, go HERE – DOCKET SEARCH and search for 17=410 (17 = year, 410 = docket).

How to Submit Comments:
Online Visit mn.gov/puc, select Speak Up!, find this docket, and add your comments to the discussion.
Email Comments can be emailed to publicadvisor.puc@state.mn.us
U.S. Mail Charley Bruce, Minnesota Public Utilities Commission, 121 7th Place E, Suite 350, Saint Paul, MN 55101-2147
eFiling Visit mn.gov/puc, select eFiling, and follow the prompts (you’ll need to register, and it’s EASY and fast).

And we SCORE! Association of Freeborn County Landowners had a win earlier today when the Minnesota Court of Appeals granted our Motion for Stay of the Freeborn Wind Appeal as the Xcel Request for Amendment goes forward. YES! Sure glad we’re not having to do two things at once!

And FYI, here’s Xcel’s Amendment Request:

Ex 1_Xcel Site Permit Amendment Application_Part 1 of 4_20198-155331-01Download

Ex 2_Xcel Site Permit Amendment Application_Part 2 of 4_20198-155331-02Download

Ex 3_Xcel Site Permit Amendment Application_Part 3 of 4_20198-155331-03Download

Ex 4_Xcel Site Permit Amendment Application_Part 4 of 4_20198-155331-04Download

OH MY!  Quite a fracas…

Citizens have also criticized the county because the information in the EAWs was so similar to the information submitted by the mine applicants’ consultant. Johanna Rupprecht of the Land Stewardship Project said the county’s role in the EAW preparation, as outlined in EQB guidelines, showed the county had more work to do on the documents. She said the county was supposed to conduct independent review and analysis of the information submitted by the applicants, and that any “conclusions” about environmental impacts should come from the county, not the mine applicants. “The language in there is what the [mine] proposers wrote,” she said. “That’s not how that is supposed to work. The RGU is responsible for that independent analysis. Essentially, I think it was an issue of the county not exercising enough independent judgement.”

That’s not too surprising.  I remember over in Freeborn County on the Bent Tree wind project, the yahoo doing the environmental review CUT & PASTED the Application and called it environmental review.  The only thing different was the cover sheet.  NO, I DON’T THINK SO!

The problem though is that local governments don’t have the expertise, staff, or budget to handle full blown environmental review on a technical and new issue.  Funding is needed NOW!

Here’s the full article from Winona Post:

County bungled frac sand environmental studies

And here are the primary documents via the Winona County website:

Name	Size
archive.pst	1305510 KB
Dabelstein CUP Resubmittal 09-21-2012.pdf	9351 KB
EAW – Dabelstein FINAL 10-4-12.pdf	13880 KB
EAW – Yoder FINAL 10-4-12.pdf	17740 KB
Yoder CUP Resubmittal 09-21-2012.pdf	25615 KB

O…  M…   D!

Gov. Mark Dayton has done it again, apparently looking to leave a legacy of being one of the most environmentally harmful Governors in Minnesota history.

And to think he’s a shep guy…

What’s this all about?  Well, for example, first there was his roll and cave on MPCA and DNR permitting, “streamlining” or gutting, as the case may be, beating the Republicans and their legislative agenda to the punch:

Dayton “streamlines” for corporate interests!

And then adding insult to injury:

Walton’s Bill Grant – Deputy Commissioner of Energy?

Now, by Executive Order, he does it again, this time to the EQB:

Executive Order 11-32

Check it out:

By November 15, 2012, the EQB shall evaluate and make recommendations on how to improve environmental review, given the changes made in Chapter 4, House File 1, and the recommendations contained in the Office of the Legislative Auditor Environmental Review and Permitting Report.

Here’s Chapter 4,  House File 1.

And now for the Office of the Legislative Auditor Environmental Review and Permitting Report:

Legislative Auditor’s Report – Environmental Review & Permitting

Questionairre Results from Project Proposers

Questionnaire Results from Project Commentors