AWA Goodhue pulled from PUC agenda
January 31st, 2012
T. Boone Pickens’ AWA Goodhue AVIAN AND BAT PROTECTION PLAN was to be on the Public Utilities Commission agenda on Thursday. That’s too soon, they just dumped hundreds of pages of info on us, and on the reviewing agencies, week before last:
And here’s the primary documents that caused the ruckus — the ABPP plan from hell and agency comments on it:
USFWS Comments on AWA Goodhue’s Avian and Bat Protection Plan
Given the specificity and many pages of comments, it’d take a bit more than a week to analyze the Comments (WHICH WERE WITHHELD BY COMMERCE FOR A WEEK AND NOT FILED UNTIL JANUARY 19!) and determine whether AWA Goodhue had properly addressed them.
I was floored by their last minute filings, and filed a Motion with the PUC to take it off the agenda:
And not too long after, day or two, the PUC did indeed pull it off the agenda and didn’t reschedule:
Goodhue Wind Truth appeal dismissed
January 24th, 2012
And now for the bad news today… the Appellate Court has tossed out the Goodhue Wind Truth appeal on a jurisdictional issue, that the Petition for Writ wasn’t served by personal service or Certified Mail. This sucks in a big way…
Order to Dismiss Goodhue Wind Truth Appeal of AWA Goodhue Certificate of Need and Site Permit
It’s based on a Supreme Court decision in 2009, when the rules changed, or rather, interpretation of the rules, making service as specified under the Administrative Procedure Act a jurisdictional issue — if a Petition for Writ is not served personally or by Certified Mail, the Appellate Court does not have jurisdiction to hear the case.
D-I-S-M-I-S-S-E-D.
Solar Flare – Washington Post/AP
AWA Goodhue appeal refiled
December 13th, 2011
The T. Boone Pickens’ AWA Goodhue Wind Project proposed for Goodhue County is headed to the Appellate Court… again.
Here we go!!!
Why again??? Ask the PUC — they sent around a bogus memorandum pushing to appeal in September, we did, and said, “Hey, Appellate Court, look what they’re saying, can you believe it?” and the Appellate Court said, “PUC, what ever do you think you’re doing? APA rules do not pre-empt your own rules about appeal, DUH!”
They’re worth a read to see how convoluted and brazen the PUC’s push was. The Court agreed with us and said the PUC was so egregious that hey, don’t worry about it, when you refile at the appropriate time, NO CHARGE!!! As it should be.
Goodhue Wind Truth appeals PUC Order
September 22nd, 2011
It’s a complicated thing. The PUC made its oh-so-contorted decision on AWA’s Goodhue Wind Project:
And then we filed our Motions for Reconsideration… here’s one:
Today AWA filed their respose:
For all of them, go to www.puc.state.mn.us and click on the blue “Search eDockets” button and search for docket “08-1233” and “09-1186.”
So far on the Appellate site and the filings that we’ve exchanged (the Notice of Appeal was in my inbox before I got back to Red Wing, with a reference to Belle Creek, though not Goodhue County’s but their filings were in the inbox!):
Belle Creek Township’s Appeal – Initial Filings – Petition for Writ and Statement of Case
GWT – Appeal Notice & Initial Filings – Petition for Writ and Statement of Case
No Appellate Docket yet – Goodhue County
Goodhue County Appeal – Initial Pleading – Petition for Writ and Statement of Case
No Appellate Docket yet – Coalition for Sensible Siting
CSS Appeal – Initial Pleading – Petition for Write and Statement of Case
This is shaping up to be a “robust” appeal… I’m so tickled to see the county’s recognition and appreciation of Goodhue Wind Truth’s efforts (really, read the pleadings). And personally, it’s a thrill to see how far we’ve come since the struggle of the nuclear “in Goodhue County” days.
AWA Goodhue PUC Order is out!
August 24th, 2011
The T. Boone Pickens wind project in Goodhue County, masquerading as a “C-BED” project now has a formal permit issued by the Public Utilities Commission. It’s LONG, and will take some serious study:
Next? Motion for Reconsideration – probably by ALL parties!