Legalectric

CANCELLED – TOMORROW’S MEETING HAS BEEN CANCELLED. Received phone call from PSC Counsel, and it’s on their event calendar.

TOMORROW! Wisconsin Public Service Commission (PSC) is set to decide whether the 300 MW Badger Hollow solar project should be issued a CPCN. This is the biggest solar project in the Midwest, and it’s proposed for prime ag land, in “Exclusive Agricultural” zoning, and the PSC has NO solar siting rules. WHAT? We tried, filed a Petition for Rulemaking, but they tossed it out. Who needs rules for siting…

Something I don’t understand about Wisconsin’s Public Service Commission — they don’t give adequate notice for their meetings. I checked yesterday, nada, but today, the notice for TOMORROW’S meeting is now posted.

We’re items 6-8. The meeting starts at 10:30 a.m. (oh my, another early start this week!), and I’ve seen them ram through docket after docket at breakneck speed, sooooo, heading east at “too early o’clock.”

To check the dockets for these projects, go to HERE: PSC HOME PAGE SEARCH and search for:

• Project-Site CPCN: 9697-CE-100
• Project-Transmission: CPCN 9697-CE-101
• Acquisition Docket: 5-BS-228

Yesterday, Freeborn Wind, the Applicant, had its wind project permit tabled by the Minnesota Public Utilities Commission.  How’d that happen!?!  SNORT!  I heard there was an audible gasp from that side of the room when it happened.

This latest round started with a bizarrely attempt to get more than what they got:

20191-148986-02_Freeborn Wind’s Request4Clarification

Yeah, it sure got them more!!  Great idea, disclosing an “agreement” with Commerce and MPCA after being granted a permit by PUC after the ALJ Recommendation that the permit be denied (and in the alternative, that they be granted time to demonstrate that they COULD comply):

So what did Freeborn say in its Request4Clarification?

Freeborn Wind requests the Commission clarify its Site Permit to adopt Section 7.4, as
proposed by Freeborn Wind and agreed to by the Department and MPCA, in place of the current Sections 7.4.1 and 7.4.2, to both ensure consistency with the Order and avoid ambiguity in permit compliance.

Freeborn Wind’s September 19, 2018, Late-Filed proposal for Special Conditions Related
to Noise outlines the agreement reached between Freeborn Wind, the Department and the MPCA on this issue.[fn omitted] The letter indicated that Freeborn Wind had carefully reviewed the proposed Sections 7.4.1 and 7.4.2 from the Staff Briefing Papers, and was concerned they “create[d] ambiguity and would lead to significant compliance challenges.” [fn omitted] Instead, Freeborn Wind offered “proposed alternative language addressing pre-construction noise modeling and postconstruction noise monitoring special conditions” which is “specific to this case” and would “achieve a similar level of noise regulation, but in a manner that can actually be measured following the applicable rules and standards.”

p. 1-2, 20191-148986-02_Freeborn Wind’s Request4Clarification (emphasis added).

SNORT!  Really, they said that!  It was good to see confirmation of the orchestration I’d observed at the September 20 PUC agenda meeting, being in the middle of the full court press of  Freeborn Wind, Commerce and MPCA (why exactly was MPCA there, they have no jurisdiction).  Oh, about MPCA’s jurisdiction, the letter of Kohlasch explains that well:

Exhibit M_Kohlasch_Letter_20189-146351-01

So we responded to that Freeborn Wind Motion:

AFCL_ResponsetoFreebornMotion-ClarificationRequest

I’d sent Data Practices Act Requests to MPCA and Commerce:

MPCA-Agreement_Data Practices Act Request

Exhibit C_Commerce-Agreement_Data Practices Act Request

And on receiving Data Practices Act Requests from MPCA, which showed some of the behind-the-scenes going on, filed this:

20192-150272-01-1_AFCL Motion to Remand to ALJ

And the moment I filed it, and went to email to check filing status, get confirmation, and I see an email from Wachtler, Commerce-EERA, which is included in this, filed the following day:

AFCL_Motion-Addendum to Remand to ALJ_FINAL FULL PACKET

They produced NON-O-T-H-I-N-G!  Nothing at all!

So off we went to the PUC, and the meeting was bizarre.  The Commission did not take up the Many Motions, Motions to Strike, Motions for Reconsideration, Motions for Remand, Motion after Motion, it was dizzying.  Admissions of “confusion” were heard, and can’t have Commissioner confusion.  Methinks that there was confusion at the September 20, 2018 meeting, which was why the permit was approved with the conditions offered and haggled over just a bit.  The video, do check it out, scroll down to #3 at link, starting at 16:43:

TABLED!  We have 14 days to provide language for the permit conditions, 7.4; 7.4.1; 7.4.2.  Then another Agenda meeting date will be set, ostensibly to deal with Motions, language, etc.

This has been one of the longest weeks, if I were a driver, I’d be out of hours after tossing my 2nd log book in the bunk!  But hey, that’s why they call it work.  This Order helped make it all worthwhile.

Order –  Denying MGE-WPSC Motion to Protect

MGE and WPSC have been working so hard to keep Jewell Jinkins Intervenors out of this docket, and we end up spending all our time on challenging the onslaught.  Today’s Order follows the PSC denial of their Motion to have us tossed out:

WPSC_MGE Motion for Interlocutory Review_354992

Which followed their previous Objection to our Intervention, which was also tossed out:

Applicant Response to Motion to Intervene

Order_Intervention

At long last, this… ONCE MORE WITH FEELING:

Order –  Denying MGE-WPSC Motion to Protect

It’s hard to pick my favorite part, this is for sure in the Top 10 of all time.  How’s this for a snippet?

Onward.  Today after this Order, I received their Confidentiality Agreements, signed them and shipped to the utilities, and then the Discovery started coming in.  Lots and lots and lots and lots and lots.  Rebuttal is due tomorrow.  Right…

In today’s paper:

Rural Wisconsin county split on solar energy project that would be among largest in nation

From the article, an important part, because the PSC does not file the “Environmental Assessment” when issuing their “Preliminary Determination” letter!  People have to ASK for the EA, and then, it takes how long to get it?  COMMENTS ARE DUE JANUARY 7 ON ADEQUACY OF EA AND WHETHER EIS IS NEEDED.  Here’s the Preliminary Determination (for both dockets) stating no EIS is necessary, and the Environmental Assessment which even as PSC staff document points out significant impacts:

PSC_PreliminaryDetermination_100

9697-CE-100_101 EA Appendix A v1_0

PSC_PreliminaryDetermination_101

9697-CE-100_101 Environmental Assessment v37_0

A snippet from the article:

Madison Gas & Electric and Wisconsin Public Service Corporation, the Applicants in a “Buy/Sell” (BS!) docket (CLICK HERE for 5-BS-228) for part of the Badger Solar project (and Two Creeks solar too) have been resisting at every opportunity, trying to keep Jewell Jinkins Intervenors from Intervening.  It gets more hilarious as we go through this crap.

First from the Applicants:

Applicant Response (Objection) to Motion to Intervene

So our Reply:

Jewell Jinkins Intervenors_228_Reply to Applicants’ Response

The Administrative Law Judge granted our Intervention in technicolor:

Order_Intervention-Third

So the Applicants’ looked for other ways to keep us out of the docket, throwing things at the wall to see what sticks:

WPSC_MGE Motion for Interlocutory Review_354992

Motion_Protective Order

So our Reply to both:

Jewell Jinkins_228_Response_Motion For Interlocutory Review

Jewell Jinkins_228_Response_Motion Protective Order

The Applicants just couldn’t stop:

JewellJinkins_228_Response 2 Reply 2 Response 2 Motion Protective Order  Applicants’ Reply in Support of Motion for Protective Order 121918-1

So here’s our Reply to their Response:

   Jewell Jinkins_228_Response 2 Reply 2 Response 2 Motion Protective Order

It was on the PSC agenda yesterday, and they denied the complaint in less than 30 seconds, with no discussion.

Do you think the Applicants will get the hint?  We shall see.  I have my doubts.