AC-SL-Projects-Map

Here’s the decision:

Line 67 ruling Dec 2015

This decision is important because it is not just this pipeline — because the basis for it is the Presidential Permit, and the notion that issuance of a Presidential Permit may not be appealed applies to the Presidential Permit for the (Not-so) Great Northern Transmission Line too!

LutherpostingNOTICE!!!  Landowners need notice if their land is affected!  Local governments and residents need notice if their communities are affected!  Yes, posting something can have an impact!

Notice is something that’s been an issue in utility dockets, and transmission proceedings particularly, for a long, long time.  It’s something we’re trying to address in the Minn. R. Ch. 7850 in our rulemaking advisory committee meetings over the last TWO PLUS YEARS!

Here are the latest Comments:

NoCapX_U-CAN_ Cover_8-25-2015

NoCapX-U-CAN_Comments_8-25-2-15_20158-113514-02

Why does notice matter?  Well, there’s this thing called “Due Process.”  Notice is a fundamental Constitutional Right.  It matters because “NOTICE” often doesn’t happen.  And it ties in with eminent domain, where land may Constitutionally be taken for public purpose projects with just compensation (and what is a “public” project?  What is “just” compensation?)  If you aren’t properly informed, have no notice, what does that do to your ability to participate?

In Minnesota, it’s a matter of law, clear, simply stated law:

The commission shall adopt broad spectrum citizen participation as a principal of operation. The form of public participation shall not be limited to public hearings and advisory task forces and shall be consistent with the commission’s rules and guidelines as provided for in section 216E.16.

Looking over posts and filings where this has happened, situations I’ve been aware of where landowners have been surprised at the last minute, too late to meaningfully participate in the proceedings, have filed Motions for Reconsideration, and have been to the Appellate Court on their behalf, it is SO frustrating.  Looking at the many times I’ve tried to intervene, to have intervention deadlines extended in case landowners want to stand up,   There’s no excuse.  People should not be surprised at the last minute with a utility attempt to run transmission over their land.

It happened recently in the Great Northern Transmission Line routing docket:

ALJ Order filed, no RRANT intervention

Can you believe Commerce EERA would file this?

Commerce EERA Responds… NOT!

It happened in CapX Brookings route and on CapX Hampton- La Crosse route:

  • Cannon Falls (CapX Hampton- LaX route) example to go around county park and DOT prohibited intersection area:

Cannon Falls Beacon – CapX in the news!

Dakota County resolution about CapX 2020

CAPX APPEAL — DECISION RELEASED (includes Cannon Falls)

UPDATED Updated Minnesota Appeal Update

Initial Brief – St. Paul’s Lutheran School and Church and Cannon Falls Landowners

Reply Brief – Cannon Falls Landowners and St. Paul’s Lutheran School and Church

  • Oronoco(CapX Hampton – La X route) enters “new route” proposal without notice to its own landowners:

Oronoco Twp’s Exhibit 89

  • USDA’s Rural Utilites Service (CapX Hampton – La X) example:

RUS Reopens Comments on Hampton-LaCrosse

  • Myrick Route (CapX Brookings) example:

Myrick route withdrawn

Myrick Route & How to find things on PUC site

PUC chooses Belle Plaine crossing

  • This is important to understand the set-up, and now this notice was snuck in at the last minute due to Applicant and Commerce disregard for objections of DOT, DNR and USFWS.

That’s enough examples to get an idea of the problem… but there are more that I can trot out if necessary.  The notice provisions in Minnesota law and rule must be corrected.

DOE_Logo

Interesting letter arrived today:

GNTL_Invitation to Consult

It says that “DOE is contacting you because you submitted comment(s) related to cultural resources during the open NEPA public scoping period for the proposed GNTL project.”

RRANT Scoping Comment

???

So what does that mean? What’s involved?  Sending info to them?  Sending more Comments?  Attending meetings? A free trip to D.C?  A self-funded trip to International Falls in February?

“Consultation” is a term of art in federal permitting, and is required with all Indian tribes, of which there are several in the area of the project.  In this case, they also specify “the State Historic Preservation Officer” and “the Advisory Council on Historic Preservation,” and also “certain individuals and organizations…”

Here’s the  National Historic Preservation Act of 1966 (NHPA)

Working with Section 106

Energy Development, Transmission and Historic Preservation

Are “historical resources” all that they’re concerned about, is there a special category for “cultural resources?”  Or are different people invited to consult on different categories?

And if this is something I want to do, and it is, I have to “include information about your demonstrated legal or economic relation to the undertaking” … (odd word, that)… ” or to properties potentially affected by the proposed GNTL project…”

UntitledGuess I’d better figure out what I said in those comments first!

 

September2013_MeetingsClick for a larger view!

Notices were sent of “open house” meetings for the Not-So-Great Northern Transmission Line but guess who didn’t get one!  And I’ve spent some time looking at their site, and I can’t find a meeting schedule anywhere.  But thanks to two little birdies, we’re in luck!

HEY NOT-SO-GREAT TRANSMISSION:

PUBLISH YOUR OPEN HOUSE SCHEDULE ON YOUR SITE!

GNTL_XmsnCorridors

I know, what people care about is the map, but it’s hard to see the map, and that’s all we’ve got.

GO HERE: GREAT NORTHERN TRANSMISSION LINE SITE

The application has not yet been filed, but it’s working its way toward the Public Utilities Commission.  There’s a docket, so you can check to see what all has been filed.  Go HERE TO SEARCH DOCKETS and then search for docket number 12-1163.

Now is the time to get involved, at the Certificate of Need stage, because NOW is when they determine “IF” a line is needed, and if it’s deemed “needed,” then it WILL go somewhere and it’s a very difficult struggle.  The Certificate of Need stage is a bit more esoteric but it’s where the action is, and in this line in particular, they don’t have much to show as a “need.”  It’s a want (as are most, if not all, transmission lines).

Meetings are the second and third week in September.  Check out one near you and come on down for coffee and treats to settle your stomach while they explain their plans.

 

 

Comments were due today on Minnesota Power’s request for Exemptions from the rules governing content of Applications for a Certificate of Need for a transmission line.

map01

Look at the red on that map — potentially affected areas where MP is looking to put a transmission line.  WOOOOO-EEEE, that’s a lot of land!

Minnesota Power’s proposed Great Northern Transmission Line is inching along in the Certificate of Need process.  Here’s Minnesota Power’s site:

Great Northern Transmission Line page

And to look at the full docket, go to www.puc.state.mn.us, click on “Search eDockets” and search for 12-1163.  The application is expected sometime in March or so, but I’d guess it will be later.

Here’s how they plan to let people know about the project — it was filed a while ago, Comments were due, and I tried and tried to get people to comment, oh well, here’s what was filed about the Notice Plan filed in October and the Comments filed in November:

MP Great Northern Transmission Line Notice Plan

Commerce Comments on MP’s GNTL Notice Plan

Overland Notice Plan Comments

That’s sitting at the PUC now.  So where are we?  Just starting out…  Here’s a diagram of the hoops for the PUC process, edited a bit by yours truly for handouts at the meetings a couple months ago, we’re at the very first box in the chart:

puc-process-edited1

Today, comments were due on the Minnesota Power request for Exemptions from some specific rules, Reply Comments, that is.  Here’s what’s been filed:

Minnesota Power Exemption Request

Commerce Comments – Exemptions Request

MP Exemptions Reply Comments

Overland-Legalectric Reply Comments