Notice? For utility infrastructure projects? DOH!
September 6th, 2015
NOTICE!!! 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:
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:
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
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
- In particular this “Notice” which went out after all the hearings were over with no way to participate at all: Dec 30 Notice – Myrick Route
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.
Smoke gets in your eyes…
August 26th, 2015
… and lungs and heart. This map from AirNow.gov via NPR shows the wide ranging impacts:
See Smoke From Wildfires Threatens Health in the West from NPR yesterday. Back when we had RED air quality warnings in Minnesota, a couple of months ago now, I was feeling it. But the last week or so, I’ve been waking up totally stuffed, headache, and it takes about an hour and a half to get my schnozz cleared out. We have no German Shepherds, and even though little one-coated Sadie does shed, and even though I nuzzled a cat day before yesterday, that’s not enough to cause this. Could it be seasonal allergies, which are admittedly worse with age (OH MY DOG, no German Sheperds is bad enough, but just breathing?)? I’m not convinced. This headache and being stuffed up isn’t my typical response, which tends to be runny eyes, sandpaper nose and sniffles. It’s got to be the fires.
Meanwhile, I know a few folks who live out there, and in addition to having to evacuate and be on alert, others with relatives heading out to fight the fires, there are more subtle affects, where it’s showing up unbidden in photography jobs, an added interference with chemo for cancer, and a hazard for COPDers.
Here’s the chart of emissions for the Midtown Burner, from Saying NO to Midtown Burner Permits prepared by Alan Muller based on the Midtown Burner proposed air permit for the roughly 38MW biomass plant that was to burn “clean” trees in a much smaller amount than these wildfires across the west:
So if these are the numbers for the small biomass burner, what are the emissions for these wildfires? Is anyone doing testing in the plumes for what people are exposed to? There’s the emissions as above of things like formaldehyde that come from “clean” trees, the tremendous Particulate Matter, but what about all the other things too that are burned in these fires, like plastics, tires, creosote and penta poles? I’m not finding anything, and it seems this is something that should be done by the Washington, Oregon, California, Idaho, etc., state environmental agencies. There should be active warnings to people to wear masks outdoors, and indoors to filter the air. We have a HEPA filter for every room, but we’re not normal. The impacts of breathing this air will be felt immediately by some people, but there’s a high likelihood that impacts are cumulative and/or take time to develop. Protection now is crucial.
Muller: Time to think about…
August 23rd, 2015
Commentary by Alan Muller, Green Delaware, in today’s Delaware State News:
Commentary: Time to think about Delaware’s Peterson, Coastal Zone Act
So what about this Coastal Zone Act? What makes it special and worth preserving.
Alan Muller is Executive Director of Green Delaware.
Onward with PUC Certificate of Need and Routing Rulemaking
August 19th, 2015
We’ve been working on the rules for the Minnesota Public Utilities Commission’s chapters covering Certificate of Need and Siting/Routing of electric utility infrastructure, ranging from transmission to power plants. WHEW! It takes forever, and thus far it’s been over two and a half years, just for the “pre-Commission-sends-it-out-for-comments” rulemaking advisory group part.
Who cares about rules? Well I do, as to many others who have been dealing with Certificate of Need and Routing/Siting issues over the years. It’s important because so many things are wrong with the process, from awkward to just plain wrong/unfair, even in light of the enabling statutes for these rules (rules need to operate within some pretty restrictive statutory framing).
This is, again, still informal, and PUC is open to any and all comments, ones on point, that is, and so comment on specific language, and suggest specific language! Here’s the latest (and I’ve filed them on the PUC site):
To see the versions and comments thus far, go to the PUC’s SEARCH PAGE HERE, and search for PUC Docket 12-1246.
To file comments, go HERE and file. If you’re not registered to file, go HERE and register and file! It’s that easy, almost instantaneous!
Militarization of policing in Red Wing and Goodhue County?
August 17th, 2015
In what world is something like this needed or wanted in a 16,000 population city like Red Wing, or in a rural county like Goodhue County? What would be the envisioned purpose?
Goodhue County and the City of Red Wing have applied for Homeland Security money to buy one of these, a Lenco Bearcat. Cost is $332,246.00. They call the current one the “PeaceKeeper” armored vehicle. They’re saying it’s too slow, and they’ve been having problems with it. I saw it cruising toward downtown on West Ave. a few years ago, and was stunned, didn’t know they had one here — I mean really, whatever for?!?! Meth labs? Militaristic cults? The Republican National Convention contractual obligations? Folks, this isn’t St. Paul…
I’ve heard that the Goodhue County vote recently was that it would not opt in to this grant, but that there is another vote about it. Red Wing will decide soon.
Goodhue County Commissioners (for your cut and pasting pleasure): ron.allen@co.goodhue.mn.us, brad.anderson@co.goodhue.mn.us, dan.rechtzigel@co.goodhue.mn.us, jason.majerus@co.goodhue.mn.us, ted.seifert@co.goodhue.mn.us
City of Red Wing Mayor and Council (for your cut and pasting pleasure): dan.bender@ci.red-wing.mn.us, jsebion3@gmail.com , lisa.bayley@ci.red-wing.mn.us, deanhove@charter.net, dan.munson@ci.red-wing.mn.us, peggy.rehder@ci.red-wing.mn.us, ralph.rauterkus@ci.red-wing.mn.us, dustin.schulenberg@ci.red-wing.mn.us
A memo to the County Board from a Sheriff’s Deputy states:
The Emergency Response Team uses an armored vehicle on every mission and at events that may take place at the PINGP.
What does this mean? How many “missions” and what are the details? The phrase “at events that may take place at the PINGP” is odd — please explain! Does this mean response to nuclear emergencies? Does this mean response to Xcel Energy security concerns? If this is about the Prairie Island Nuclear Generating Plant, shouldn’t Xcel Energy be paying for it? They’ll probably say that these expenses are what the Utility Personal Property Tax is for, but I don’t think that’s how it works, it’s a separate issue!
City of Red Wing – CP_Project_Detail_M-Port_Auth-LencoBearcat
Again, cost is $332,246.00. For this amount, the County and City could buy roughly 10 fully equipped squad cars (based on this linked Goodhue County purchase of 4). Think of the computer equipment they could buy with that kind of money!
This is overkill, it is not needed in Red Wing, not needed in Goodhue County. This is not “policing,” but is militarization of policing. Not a trend I want in my community.