Reply Comments on Minn. R. Ch. 7849 & 7850
June 1st, 2017
At long last, the final round of Comments on the 5+ year long rulemaking have been filed. A five year long process to enact the changes consistent with legislation passed in 2005, 12 years ago. WHAT!?!?! Yes, that’s how long it’s taken. These are rules based on the Minnesota statutes for Certificate of Need (Minn. Stat. 216B.243) and the “Power Plant Siting Act” (Minn. Stat. Ch. 216E), which is transmission routing and power plant siting.
Here are the Reply Comments, and note there are very few:
Public Intervenors – No CapX 2020, U-CAN, North Route Group & Goodhue Wind Truth – FINAL_May 31 2017
McNamasra GWT Reply_20175-132415-01
Commerce EERA Reply_20175-132345-01
ITC Midwest_Reply_20175-132421-02
Next step — on the agenda at a future Public Utilities Commission meeting, where they’ll discuss changes, hopefully we’ll have oral argument of the parties and comments from the public, and then the rules are formally released to the public for public comment, a hearing before an Administrative Law Judge, and then back to the Commission for approval. Probably it will be August… given the public comment period and hearing, this will be at least a SIX YEAR PROCESS!
Rulemaking Initial Comments – Minn. R. Ch. 7849 and 7850
May 12th, 2017
The Minnesota Public Utilities Commission rulemaking for Minn. R. Ch. 7849, Certificate of Need, and 7850, Routing and Siting, is slowly moving forward. Here are the final drafts up for review before they go to the Commission for a rubber stamp and release for general comment:
Final initial comments on drafts were due on Monday and here they are, in alphabetical order:
20175-131687-01_Goodhue Wind Truth – Marie McNamara
20175-131650-01-1_Great River Energy
20175-131683_ITC Comments and Attachments
20175-131686-01_NoCapX – U-CAN – NRG & GWT
Reply comments are due by 4:30 p.m. on May 31, 2017. eFiling is preferred! If you need to register to eFile, GO HERE! It’s easy, quick, and makes filing a breeze. Get to work — there’s a lot here to comment on!
March 9 – PUC rulemaking Ch. 7849 & 7850
February 24th, 2017
Yes, it’s been a long march. We’ve been slogging through for years — this Public Utilities Commission rulemaking began in 2012. We’ve been going to these PUC sponsored Advisory Group meetings, holding our own small group and public meetings about these rules, reviewing and commenting, and by we, I’ve been joined by Suzanne Rohlfing, of North Route Group (CapX 2020 intervenor group in Hampton-La Crosse docket) and Marie McNamara, of Goodhue Wind Truth (intervenor group in Goodhue Wind/AWA docket) who have hung in there all these years. So early next month, we’re going before the Commission with the draft rules. Four plus years! It’s about time!
We sorely needed rulemaking, there were major statutory changes in 2005 (2005 Session Laws Ch 97 – Transmission Omnibus Bill from Hell), and substantial holes in the process, which all came out in the CapX 2020 Certificate of Need and Routing dockets (CapX 2020 is why the 2005 statutory changes were rammed through, to facilitate Xcel’s transmission dream). I’ve filed a few Petitions for Rulemaking to push these forward, the one below was 2011!
And we’ve been working on rules for Minn. Ch. 7849 and 7850 for over four years now. The docket was opened and first Comments solicited in December 2012. Finally, this Notice yesterday, that the drafts that will go to the Commission:
And notice of the Commission meeting issued today!
To look at the docket, go to the PUC SEARCH PAGE and search for docket 12-1246. I’ve posted links to the drafts on this docket. It’s important that the public be able to review what’s gone on over the last four years!
And after this, wind rules, Minn. Rules Ch. 7854, are next! Yes, PUC, we will hold you to this!
Rick James testimony for Goodhue Wind Truth
February 4th, 2016
It’s about time — I’m cleaning and finding things that should have been posted eons ago. Soooo… here’s one — I’ve uploaded the testimony of Rick James, INCE, of E-Coustics Solutions, regarding wind turbine infrasound, in support of written Direct Testimony filed in the Goodhue Wind proceeding on July 22, 2010. You can find his written testimony and many, many exhibits, by searching HERE for docket 08-1233 and scroll and scroll for “Testimony of Rick James” and the exhibits, using the date on the right side to get close in that voluminous docket.
PUC Rulemaking — send Comments on Drafts!
September 1st, 2014
The Minnesota Public Utilities Commission is winding up its rulemaking on the Certificate of Need (Minn. R. Ch. 7849) and Siting/Routing (Minn. R. Ch. 7850) chapters. My clients Goodhue Wind Truth and North Route Group have been participating all along, and their experience with the Certificate of Need and Routing/Siting process has helped inform this record and we sure hope leads to more sensible and workable rules, AND increased public participation.
Now is the time to download and make your comments on what should be included, what’s included that’s important and needs to go forward, and what needs to be reworded.
Send Comments to:
- kate.kahlert@state.mn.us
- and/or post to the Rulemaking Docket. To do that go HERE to the eDocket Filing Page, register if you’re not registered (it’s easy and almost instant), and post to Docket 12-1246.
It’s highly likely that the LAST meeting of the PUC’s Rulemaking Advisory Committee will be September 24, 2014 (9:30 a.m. at the PUC, in the basement).
A few things that need work:
- Ch. 7849 & 7850: Need language mirroring statutory language regarding testimony by members of the public UNDER OATH (ALJs have refused to offer people opportunity to testify under oath, and PUC has stated that it makes a difference, “but were those statements made under oath” and if not, less weight.
- Ch. 7849: Advisory Task Forces need language of statute, and membership not limited to “local units of government.”
- Ch. 7849 & 7850: Transcripts available online — need to address this in rules and reporter contracts.
- Ch. 7849: Scoping and Alternatives — compare with Ch. 7850. Similar process?
- Ch. 7849.1450: When is it Commerce EER & DER
- Ch. 7849 & 7850 – timing should be similar for completeness review, etc.
- Ch. 7850: Public Meeting separate from Scoping Meeting (Public Meeting is to disseminate information, Scoping Meeting is for intake).
- Ch. 7850: Power Plant Siting Act includes “Buy the Farm.” Need rules regarding Buy the Farm.
Now is the time to review the drafts, above, and send in Comments. There may be, I hope there are, revisions released prior to the next meeting, but usually it happens just before, and there’s no time. So here’s where we are now, and Comments would be helpful.