Freeborn Wind – AGAIN!
October 24th, 2019
![](https://legalectric.org/f/2015/12/xcel_Logo.jpg)
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).
STAY, Freeborn Wind!
October 2nd, 2019
![](https://legalectric.org/f/2009/02/crowd_cheering_med.jpg)
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
Court DENIES Freeborn Wind/Xcel Motion to Dismiss
August 27th, 2019
![](https://legalectric.org/f/2009/02/crowd_cheering_med.jpg)
Freeborn Wind, now owned by Xcel Energy, tried to get Association of Freeborn County Landowners booted out of the Appellate Court. Freeborn Wind’s Motion DENIED!
And here’s the Order of the Appellate Court:
And this delightful snippet:
![](https://legalectric.org/f/2019/08/Snippet.jpg)
So now we’re off to the races!! We filed a Motion to Stay the Proceeding, because Xcel has filed its request for a site permit amendment. We shall see…
IA Side of Freeborn Wind
August 2nd, 2019
There’s a “Construction Information Session” happening Thursday, August 22, 2019 in Northwood, Iowa. Plenty of time to prepare!
![](https://legalectric.org/f/2019/08/Postcard.jpg)
Freeborn Wind, again and again
July 23rd, 2019
![](https://legalectric.org/f/2015/12/xcel_Logo.jpg)
Invenergy has sold Freeborn Wind, LLC, to Xcel Energy, well, Northern States Power Company – Minnesota. Sooooo, now they’ve asked the Minnesota Public Utilities Commission to approve the acquisition.
![](https://legalectric.org/f/2015/08/PUC.jpg)
On or about June 14, the day of closing, Invenergy, the developer/old owner, TERMINATED 34 leases and good neighbor agreements covering over 4,470 acres of land.
What does that mean? Well, the project, and project approval, was based on 17,435 acres of leased land, and 4,470 is over 25% of the leased land. In the contested case, it was questionable whether the project had enough land, and there’s even a notation that Invenergy was working on acquiring more land, and we were told over and over again that there wasn’t enough room to make any adjustments, to move any turbines even a little bit! So now, at 75%, can they even build this?
Meanwhile, Xcel/NSPM has said they’ll be requesting a permit amendment, because they’ll be changing 32 Vesta V116 to Vesta V120, larger turbines, longer blades (needing larger 3 and 5RD setbacks) and longer blades equals more noise. They’ve said they’ll file new noise study, shadow flicker, and site plan.
In short, the project permitted December 19, 2018 and May 10, 2019, is not the same project.
Now this is NOT the same project… there are substantive, material changes… PUC doesn’t seem to care, Commerce doesn’t seem to care…
Association of Freeborn County Landowners is trying to wake up the Commission:
Xcel/NSPM has asked for approval of the acquisition, and the Commission announced a comment period, so here we go:
And read EERA’s Comment — good grief, blinders on the wrong end of the horse:
PUC will take a look at this sometime soon, but likely the NSPM amendment request will come in, IF they file it as planned, before that, as they expected to file in July. We shall see.