Legalectric

He’s still in jail and looking for public defender… how would he qualify?

Nevada rancher Cliven Bundy to remain jailed, asks for attorney

Here’s the Complaint:

Complaint-Cliven-Bundy-02112015

Apparently Judge Oxley did not like the Overland and No CapX 2020 Petition for Intervention in the rate case, late Friday the Order came out.  It was denied, without prejudice.  And yet interventions for Commercial Group, Suburban Rate Authority, and City of Minneapolis were granted…

20161-117574-01_Order Denying Intervention

… sigh… OK… fine…

Just filed at 12:01 a.m. Monday, January 25, 2016:

Overland-NoCapX_Intervention2_FINAL

These transmission issues being raised about CapX 2020 and the MISO MVP 17 Project Portfolio are so important that I’m going to be persistent.

Here’s the schedule, from the First Prehearing Order:

In today’s News Journal, Delaware:

Beware of Depo-Provera birth control drug

Your recent article, “Long acting birth control may return to favor“ was very disturbing because the term Depo-Provera is not even used in this article.  “Long acting birth control” often means Depo-Provera, a very nasty drug with proven complications and side effects that are not easily reversible.  By definition, “long acting” doesn’t disappear instantly, and if there are side effects, it can take a long time for side effects to disappear, if ever.

Even worse, Depo-Provera has a history of misuse by medical institutions, where low-income, nonwhite, and disabled women were targeted and were not informed of the risks or even informed that they were receiving Depo-Provera.

An article like this should include at least a brief rundown of risks and side effects and the history of misuse of this drug.

Carol. A. Overland

Port Penn

Yesterday at the Xcel Energy rate case prehearing conference, Xcel’s attorney, Eric Swanson, stated that they’d be objecting to the No CapX 2020/Overland intervention.  Just after that prehearing conference ended, their objection was filed:

20161-116957-02_Objection Intervention

Good idea, Xcel….

What do other Petitions for Intervention look like?  What other Objections has Xcel made to Interventions?  What do Petitions for Interventions that have been granted by an ALJ look like?  Let’s compare…

Recently, Xcel Energy’s Chris Clark, who I’d been working in tandem with years ago when he was just lowly corporate counsel cohort opposing the legislatively mandated Power Purchase Agreement for the Excelsior Energy Mesaba Project said, “I just don’t understand why the transmission side hates you so!” (rough, not exact quote).

Well, Chris, I guess you’re gonna find out.

I presume that this is just a way to eliminate anyone that they haven’t bought off in the course of that “e21 Initiative” where they “reached consensus” about wanting a business-plan based multi-year rate plan — many of the usual suspects were NOT present at that Prehearing Conference and there’d only been two Interventions filed prior to the Prehearing Conference, and only one filed since.

e21_Initiative_Phase_I_Report_2014

Yeah, great idea.  I testified against that effort at both Senate and House committees, where the room was backed full of those who’d “reached consensus” and they were all S-I-L-E-N-T as Sen. Marty and Rep. Garofalo ushered that bill through.  SHAME!  Will they show up for the rate case, and what position might the take?  Certainly not anything challenging the “Multi-Year Rate Plan.”

There was an interesting twist too.  I’d brought up that under Minn. Stat. 10A.01, Subd. 2, participation on a rate case is deemed lobbying, and requires registration and reporting when/if the thresholds are met, and requested that this requirement be addressed in the Prehearing Order.  The ALJ clearly knew nothing about it.

Minn. Stat. 10A.01, Subd. 2.  Administrative action.

“Administrative action” means an action by any official, board, commission or agency of the executive branch to adopt, amend, or repeal a rule under chapter 14. “Administrative action” does not include the application or administration of an adopted rule, except in cases of rate setting, power plant and powerline siting, and granting of certificates of need under section 216B.243.

I’d noted in the discussion that the lobbying statute is typically noted in the Commission’s referral to OAH, and thankfully, on the record, I’d thought to look at that Order, and there it was, p. 7:

And I noticed that Eric Swanson was very, very quiet during that discussion.  HE is the one who charged me with not registering as lobbyist in the Not-so-Great Northern Transmission Line case, as attorney for Minnesota Power.  That was such a low budget virtually pro bono operation that there’s no way either RRANT or I would meet the thresholds for registering or reporting.  That gambit of his was just more harassment, trying to limit legitimate critique of their project and process.

So now, for a response to that Objection to Intervention of No CapX 2020 and Overland…

Remember Clive Bundy and his Nevada stand-off when the feds decided to evict him, and his cows, from BLM land they had leased but stopped paying the lease and owes over $1 million?

Now his son Ammon Bundy, from Phoenix, has organized his militia and gone up to Burns, Oregon (temp around 9 today!) for another stand-up/stand-off/stand-down over Dwight and Steven Hammond.  another federal land lease issue, where they were convicted of arson, burning the BLM land, and then a federal judge determined that their sentence was not sufficient, and ordered them to report back to prison this coming Monday.  Ammon Bundy has issued a “call to arms” which sounds a lot like inciting violence to me.  From what I’ve been reading, people are ignoring that this was LEASED land, they did not own it, it was not there, it is OURS, as in “we the people” ours!

Eastern Oregon Ranchers Convicted of Arson Resentenced …

When you check out the videos and photos, note the “111%” on T-shirts and signs.

Militia takes over Malheur National Wildlife Refuge headquarters

Thing is, Dwight and Steven Hammond want nothing to do with Bundy and his militia, the Community doesn’t want them around…  they “stand with the Hammonds” but Hammonds not so much…

Who Wants A Burns, Oregon Standoff? Not The Sheriff, The Ranchers, Or Even Cliven Bundy

Oregon ranching case spurs anti-government sentiment

The Hammonds have not welcomed the Bundys’ help.

“Neither Ammon Bundy nor anyone within his group/organization speak for the Hammond Family,” the Hammonds’ lawyer W. Alan Schroeder wrote to Sheriff David Ward. But Hammonds don’t have clean hands, going beyond the federal crimes for which they’ve been convicted and are now serving time:
Showdown in the Malheur marshes: the origins of rancher terrorism in Burns, Oregon

What if your militia showdown isn’t wanted?

A local resident organized a meeting to address the militia, learn about their plans:

Burns residents confront militia over fears of violence

… This was no government-led meeting. Brandy Mosher, a local resident worried about her community, arranged the meeting, promoting it on social media. On a frigid holiday evening, about 60 people showed up. She just wanted people to talk to each other instead of resorting to rumors.

There was a protest this afternoon in Burns, Oregon:

Militia holds march, rally in Burns

After the protest, Bundy brothers and other supporters took over the National Forest Reserve office, and they want to give it back to loggers, miners and the ranchers:

Armed militia, incl Bundy bros, occupy forest reserve HQ in Oregon, call ‘US patriots’ to arms

Armed militia, including Bundy brothers, occupy forest reserve HQ in Oregon, call “US patriots” to arms

Convoy takes off from Bend to protest ranchers’ convictions