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Carol A. Overland, Overland Law Office — Utility Regulatory and Land Use Advocacy

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HERC Power Purchase Agreement DENIED!

November 19th, 2017

Everybody, get out your HERC Hanky and wave it for the home team!!!

Last Thursday was a fairly short, but quite intense, day at the Public Utilities Commission.  First up was Freeborn Wind (go here and search for docket 17-332), and its application for a transmission line for the project plus more.  We did get the “proceeding” process and not a summary report. That’s good, not a huge deal, but enough that it means we get some extra process in the transmission routing docket, meaning an ALJ drafted Findings, Conclusions, and Recommendation (not just a report), and the opportunity to file Exceptions to the ALJ Recommendation. In those exceptions, we can also ask for public comment and oral argument to the Commission.

Second on the agenda was the HERC Power Purchase Agreement, and Xcel Energy’s HERC PPA Petition to cut the rate (go here and search for docket 17-532).

Bottom line, after much deliberation, and a 10 minute break (what is it they do back there???), here’s the decision option they chose, as framed in the Staff Briefing Papers_201711-137262-01:

Way to go, Mr. Alan Muller!

Seems to me that but for our squwaking, it would have eased on through.  But the question remains, where were all the folks who supposedly had committed to shut down HERC?

Primary documents were posted earlier here:

  • HERC at PUC on Thursday
  • HERC — from Muller, in the Daily Planet
  • NAB Petitions to Intervene in the HERC Docket
  • Due TODAY — Comments on HERC
  • Comment period on HERC PPA Amendment
Posted by Carol A. Overland
Filed in Incineration, Land Use, Legislative & Policy, Political Sense (non?)
No Comments »

HERC – from Muller, in the Daily Planet

November 7th, 2017

The Hennepin Energy Recovery Center is located near downtown Minneapolis. Photo courtesy of the Minnesota Pollution Control Agency.

Activists have been fighting against the “Hennepin Energy Recovery Center” (HERC) and other garbage incinerators for decades.

But in no other U.S. state, except perhaps Florida, does the garbage incineration industry have its hooks so deep into government and politics, so it’s been a long struggle.

We need to demand that our Minneapolis mayoral and City Council candidates pledge now to phase out or shut down one of our dirtiest local polluters.

Hennepin County’s HERC garbage burner is a dirty old 1980s cash cow, located in the North Loop neighborhood in downtown Minneapolis, next to the Twins Stadium.

HERC is one of Minneapolis and Hennepin County’s worst air polluters. About 75 percent of the garbage going in is generated in Minneapolis.

The health-damaging smokestack emissions total close to 1.5 million pounds per year and include dioxin (a major carcinogen and key component in the toxic Agent Orange herbicide), mercury, lead, fine particles, carbon monoxide, other heavy metals, and dozens of other hazardous pollutants. Depending on weather conditions these emissions impact many city neighborhoods and beyond. These poisons cause or exacerbate asthma, bronchitis, strokes, heart attacks,cancer, and many other serious health problems.

Minneapolis residents, especially poorer residents, are the main victims of HERC air pollution, as has been shown by the maps produced by state Rep. Karen Clark (DFL-Minneapolis) and others. These maps were prominently displayed at Minneapolis Planning Commission meetings and at City Council meetings during deliberation and rejection of expanded HERC burning, and are available on line and from Clark.

Despite a sophisticated public relations effort and an abundance of “alternative facts” by Hennepin County, Covanta, and others, our burned garbage doesn’t magically disappear and isn’t “converted into electricity.” Some call incineration “landfilling in the sky.”

The remaining ash is toxic and is taken to a special local ash dump.

Two key problems, which are connected, obstruct progress of Minneapolis towards being a truly (as opposed to rhetorically) clean, healthy and sustainable city.

One is the chokehold that Xcel Energy has on officials and policies, leading to ever-increasing electric rates (while the wholesale price of electricity drops) and near-meaningless “partnerships” rather than real moves towards cleaner energy.

The other is our friend the HERC.

On the face of things the key bad actor behind the HERC is Hennepin County, owner of the burner and joined at the hip to the garbage incineration industry.

But the less obvious nexus of these two evils is that Xcel itself is in the garbage burning business, owning and operating dirty old burners in Red Wing, Mankato and French Island in Wisconsin. We don’t know of any other major electric utility in the garbage burning business, except for Great River Energy, also in Minnesota.

Xcel’s three company-owned burners very likely produce the most expensive and unhealthy power on its system, except, perhaps for purchased dirty-burner power.

We now have unusual leverage to help phase out or shut down HERC:

The HERC generates a little electricity, which is sold to Xcel under a “Power Purchase Agreement.” Xcel Energy has opened a docket at the Public Utilities Commission, (E002/M-17-532) for consideration of extending the HERC Power Purchase Agreement – which expires at the end of 2017 – at a much lower price.

Our leverage at this time

The HERC “PPA” with Xcel expires at the end of 2017. Since electricity sales are a significant revenue source for garbage burner operators, we have here a great opportunity to save money and improve public health by allowing the HERC PPA with Xcel to expire at the end of December.

As noted above, there is a docket about this before the MN Public Utilities Commission. I have submitted comments and Neighbors Against the Burner has petitioned to intervene. Xcel’s proposal is to extend the contract but at a reduced rate. Neighbors against the Burner is looking towards no extension “at any rate.” This would be a strong push towards a HERC shutdown.

Four years ago, before the last cycle of Minneapolis municipal elections, that proposal to burn more garbage at the HERC became an election issue. The Sierra Club, MPIRG (Minnesota Public Interest Research Group) and others worked doggedly against the expansion scheme with the result that after the elections it was clear that there were not the votes on the City Council to approve more burning.

A mayor was elected who said she opposed more burning and supported Zero Waste objectives. The expansion proposal was withdrawn, resentfully, by Hennepin County, which told Minneapolis to collect “organics.”

Now, however, we are in another Mpls election cycle and the silence about the HERC and better waste management is deafening.

In April 2016 an anti-HERC coalition of multiple groups was loudly announced, but nothing ever came of it.

Sierra Club, for example, didn’t even include a HERC or Zero Waste question in its candidate recent questionnaire.

Recently the city rolled out a feeble “Zero Waste Plan” draft.

As election day draws near, what do the rest of the mayoral and council candidates have to say about HERC, Xcel, “Zero Waste” and a truly green, sustainable and healthy Minneapolis?

What’s happened? Hard to be sure, but:

Both Xcel and Hennepin County are extraordinarily effective at lobbying and getting their way, as is Covanta, the contract operator of the HERC. Some would say they are all skilled manipulators of “alternative facts” in their attempts to greenwash a dirty old dinosaur of a garbage burning plant, a relic of the 1980s.  Hennepin County has told the Public Utilities Commission in wants to burn at the HERC for at least twenty more years.

As with many issues today, now is the time to stand up. Now, before the election, is the time to let candidates know what you think and for candidates to declare what they think.

Posted by Carol A. Overland
Filed in Disasters, Energy, Incineration, Legislative & Policy, Political Sense (non?), Power Plants - includes Mesaba coal gasification
No Comments »

NAB Petitions to Intervene in HERC Docket

September 26th, 2017

Yesterday Neighbors Against the Burner filed this Petition to Intervene in a docket at the PUC where Xcel Energy has filed a request for approval of a Power Purchase Agreement slashing the rate paid to Hennepin Energy Recovery Center – HERC for electricity generated at the HERC garbage burner:

Neighbors Against The Burner_Cover-Notice of Appearance -Petition to Intervene

Check out the Public Utilities Commission docket:

Click “Search Documents” HERE and search for docket 17-532

Here’s the Neighbors Against the Burner page for HERC:

HERC page and links via Wayback Machine

And check out Alan Muller’s powerpoint from the successful challenge to attempt to increase garbage burning:

HERC_Power Point

There was an announcement in April, 2016, of  the “HERC Clean Power Plan Coalition” with multiple groups joining to shut down HERC!  Sierra Club North Star Chapter, MPIRG, Neighborhoods Organizing for Change, Community Power, St. Joan of Arc, etc.  HERC has been raised as an issue in this fall’s Minneapolis Mayoral election. 

Now’s the time to get it done!  SHUT IT DOWN!

Posted by Carol A. Overland
Filed in Incineration, Legislative & Policy, Political Sense (non?)
No Comments »

GreenMark & Wacouta Township in Goodhue Co. District Court

September 12th, 2017

I found my notes!!  On August 29, 2017, Alan and I went to the Goodhue County Courthouse for the GreenMark Solar v. Wacouta Township (Court Case No. 25-CV-17-1462) festivities — a Summary Judgment hearing.

FULL DISCLOSURE: I’m not a fan of any of the principals of GreenMark, Mark Andrew, Dennis Egan, and Julie Jorgensen.  Mark Andrew is a former Hennepin County Commissioner and a fan of burning garbage. Here’s a thread from the Mpls yak-yak list about Andrew when he was running for Mayor.  Dennis Egan, well, we had a few go rounds when he was Mayor of Red Wing AND was executive director of Minnesota Industrial Sand Council, and at the time silica sand mining issue was on agenda for City of Red Wing. Julie Jorgensen? Her Excelsior Energy Mesaba Project coal gasification plant took up 5 years of my full-time labor before it went to part-time and intermittent, and still just won’t fully go away! Minn. Stat. 216B.1694, Subd. 3(b)(1)(ii).

That said, I’m also a big fan of solar, from way, way back when my father designed the solar on the Minnesota Zoo (that was later taken down, it was hot water! Not quite what was most needed, and they didn’t know much about solar back then).

Here’s the GreenMark Complaint — couldn’t find the Wacouta Answer or the cross-motions for Summary Judgment. The Wacouta Township website is years out of date — what’s up with that?  (2014 is most current minutes, plus a notice of the May 2017 meeting about the solar project. ???)

Greenmark Solar v. Wacouta Township_Complaint 25-CV-17-1462

Here are a couple articles:

GreenMark Solar challenges Wacouta Township | Republican Eagle

Minnesota Developer Sues for Solar Garden Permit

The oral argument started with Greenmark.  Some points (not all inclusive):

Focus on Minn. Stat. 394.33, Subd. 1, that the township decision violates Town Powers Act. It’s inconsistent with their zoning. They can enact more restrictive zoning, but they didn’t, township has no solar ordinance.2

Township ordinance is ambiguous.  Frank’s Nursery case — if ambiguous, allow property owner to do what they want with the property.

“Agricultural community” — Planning Commission and Board selected different definitions.  Current use, peat mining and hay.  Pollinator scale 45, and 85 with solar.  Wetlands. Reduce carbon emissions.

Township argument:

Town Power Act does not restrict township actions. Bergen defines inconsistent, it’s not different.
Township Ordinance, Art. 3, Subd. 10, limits industrial uses that do not support agricultural. Solar is an industrial use. Twp. does allow solar in ag, BUT, it’s more restrictive, and it’s not inconsistnet.

The standard is whether down decision was rational, i.e., legally sufficient, supported by record.

Reasonable — inconsistent with agriculture, exported to the grid. CUP – exported, GreenMark takes issue with def of ag use, but see “Hubbard Broadcasting” denial of Conditional Use.  Review is deferential.  Mandamus (GreenMark’s action) review not to challenge discretionary decisions of local government.

Frank’s Nursery re: ambiguous ordinance, doesn’t require ordinance to be construed to support use. Court still needs to determine rationality.

Greenmark Rebuttal

Mandamus – this is about building permit, a ministerial act, not discretionary.

Does township even have jurisdiction/authority.

Purpose of project — Goodhue County, that’s the area.

Altenberg (?) – Town Powers Act – Twp didn’t adopt a more restrictive ordinance.

Bergum (?) – legislative intent of Town Powers Act.

Township Rebuttal

Cases of Mandamus for building permits

Goodhue – zoned agricultural, township couldn’t zone industrial, that would be inconsistent with county zoning.

__________________________

Judge Bayley said he has a lot of homework to do, and will do it and issue Order.

Posted by Carol A. Overland
Filed in Energy, Land Use, Legislative & Policy, Political Sense (non?), Solar
No Comments »

Due TODAY — Comments on HERC

September 11th, 2017

Get to it, folks.  Comments are due TODAY! Here’s mine, and Alan’s, just filed:

Overland Legalectric Comment_HERC-Xcel 17-532

Muller Comments_20179-135413-01

in eDockets, go here to register, it’s quick, it’s easy, and you can post on Public Utilities Commission’s eDockets system.

Notice_20179-135289-01-1

On what? Xcel Energy’s latest plan (part of) to terminate and/or amend outrageously high priced Power Purchase Agreements on incinerators across Minnesota.

Comment period on HERC PPA Amendment

Just filed — hot off the press:

Commerce DER_20179-135384-01

Hennepin County_20179-135389-01

Xcel Energy_20179-135379-01

And check what Commerce DER is at long last admitting, that there’s a generation surplus and transmission is for export:

Not only is there no need, BUT THERE IS NO NEED FOR MINNESOTANS TO PAY FOR MORE TRANSMISSION! But that’s an argument for another day, another docket…

Here’s another snippet:

And check this conclusion reached by MN’s Dept of Commerce – DER in its first round of comments — that Xcel is double dipping:

Here are the DER Comments:

CommerceDER_20178-134456-02

And Comments of Hennepin County:

Hennepin County_20178-134679-01

So far, not even ONE other comment!?!?!
The fundamental problem I have with this is that Xcel Energy and “Hennepin Energy Resource Company” privately reach an agreement that works for them, but screws the public and enables operation of an incinerator that is a money-sucking polluting drain. Listen for that sucking sound…
Now would be a good time to shut it down.
The HERC Burner has been a problem for a long time… and their plan to increase garbage-burning capacity went south.

Burn 200 Tons More Garbage at the HERC Incinerator?

Here’s the Neighbors Against the Burner HERC archive.

From Hennepin County:

Hennepin Energy Recovery Center | Hennepin County

From Politico:

Minneapolis Gets Trashed

Posted by Carol A. Overland
Filed in Energy, Incineration, Land Use, Legislative & Policy, Political Sense (non?), Power Plants - includes Mesaba coal gasification
No Comments »
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