Legalectric

Well, Association of Freeborn County Landowners got Subpoenas, served them, and for some reason, the Dept. of Commerce and Dept. of Health really don’t want to bring their reports into the Freeborn Wind docket:

Subpoena_OAH_Cover&Subpoenas

Here are the reports that really matter:

Dept of Health – Public Health Impacts of Wind Turbines

Dept of Health – Comment Pages 59-61 from Siting_InitialFiling_Appendix A_Agency Correspondence

Commerce – Bent Tree Noise Monitoring and Noise Report

Commerece – email_8-14-2017_Dokouzian-Miltich

One way or another, these reports WILL get in the record.  Why?  Well, look at the recommendations in the Dept. of Health comment:

Pretty specific? And the more general recommendations fro the “Public Health Impacts of Wind Turbines” report:

The Dept. of Health report is part of Invenergy’s Roberts’ testimony, but it’s not entered in the record yet.  The Dept. of Health 5/2/2017 Comment was part of the Applicant’s Appendix A (pps. 59-61) and again, it’s not part of the record yet.  So just making sure it all gets in there one way or another.

Do tell — has the Applicant followed these recommendations of the Minnesota Department of Health in siting their project?  Has the Dept. of Commerce followed these recommendations in reviewing the project?  Has the Public Utilities Commission followed these recommendations in considering permitting the project?

And what about Commerce?  We have documentation that in the Bent Tree project, which had wind noise modeling performed as a part of the application and permitting process, noise modeling which said, “no problem,” and yet (click for larger version):

And the full Bent Tree Noise Monitoring and Noise Report ordered by the Public Utilities Commission.

Commerce filed a Motion to Quash:

17-410-Motion_to_Quash_Hearing_Subpoena

And we reached an agreement:

Commerce-AFCL_Agreement_20181-139130-01

Oh, but wait… they’re really not wanting that Bent Tree info to get in the record! So once more with feeling:

Motion To Exclude_Commerce_20181-139379-01

OK, whatever…

AFCL Response_Motion to Exclude_20181-139493-01

And then there’s the Minnesota Department of Health (MDH), and they also jumped on the bandwagon, clearly the Asst. Commissioner who signed the Dept of Health – Comment wasn’t the author and didn’t know much about it (!), so:

Letter and Stipulation for the Release of the Assistant Commissioner

Which leaves the DNR. Got a call from DNR Counsel Sherry Enzler, who clearly didn’t get that Commerce Motion to Quash had no bearing on DNR Subpoena, and that wed reached an agreement and Commerce had withdrawn their Motion, oh my… but anyway, we agreed that we’d set a time certain the last day of the hearing for the DNR staff.  No problem… though we’ll need an Order from the judge confirming that.

DNR_Time Certain

So on we go…

Oh, but wait, the Applicants, Invenergy, also got their $0.02 in, and filed a Motion:

20181-139400-02_Freeborn_Motion to Strike Hansen Testimony

… OK, again, whatever, gotta get response in on this one…

And may the ALJ decide!!!

The Administrative Law Judge in this case, and the Public Utilities Commission, the ultimate decider, need to recognize that the permitting system is fatally flawed.  Prevention, precaution, prudence…

(click for larger version)

3M has gotten away with poisoning the water of Minnesota, and the Dept. of Health has taken some protective and/or remedial measures, but it’s not nearly enough.  Isn’t it a wake-up call that we need a “Drinking Water Health Advisory” in this Land of 10,000 Lakes? Minnesota’s “Pollution Control Agency” has not been proactive on this, and we’ve known about 3M’s contamination for how long?  This is why we need the EPA!  The EPA is leading the charge, and Minnesota’s Department of Health (MDH), as above, has “responded” to the EPA Advisories.

80 Washington County homes will get bottled water as state reviews new pollution rules

In part:

Eighty households in Washington County will get bottled water and state-funded filtration systems because their drinking water exceeds a new federal safety standard for industrial chemicals that have long contaminated groundwater in the area.

…

In addition, state regulators will sample 400 to 500 wells within the area of contamination in coming months and issue additional drinking water advisories as needed.

The Dept. of Health page:

MDH Response to EPA Health Advisory for PFOS and PFOA

From the EPA’s page:

Basic Information

• Fact Sheet on PFOA and PFOS Drinking Water Health Advisories (May 2016)
  • HOJA INFORMATIVA Presencia de PFOA y PFOS en el agua potable Avisos de salud
• BLOG:  Science Guides Public Health Protection for Drinking Water by Joel Beauvais
  • La ciencia guía la protección de la salud pública en cuanto al agua potable

Technical Information

• FR Notice on the Health Advisories for PFOA and PFOS (May 25, 2016)
• 2016 PFOA Health Advisory
• 2016 PFOA Health Effects Support Document
• 2016 PFOS Health Advisory
• 2016 PFOS Health Effects Support Document
• 2016 EPA Response to Peer Review Comments

Provisional Health Advisories and Draft Health Effects Documents

Technical documents

• 2009 Provisional Health Advisory
• 2014 Draft Health Effects Document for Perfluorooctanoic Acid (PFOA)
• 2014 Draft Health Effects Document for Perfluorooctane Sulfonate (PFOS)
• Peer Reviewer Summary Report: External Peer Review of EPA’s Draft Health Effects Documents for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS)

Peer Review

• Contractor Led Peer Review Exit

Tomorrow is the deadline for Comments on the PUC’s docket regarding setbacks and the Department of Health’s report on wind turbine placement, noise and public health:

MN Dept of Health – Public Health Impacts of Wind Turbines

Here’s the PUC’s Notice:

PUC – Notice of Comment Period 7-21-09

To see the docket, and there have been a lot of comments thus far which might help you in writing up yours:

1. Go to www.puc.state.mn.us
2. Click on “eDockets” (the blue button)
3. Scroll down and enter docket 09-845.

The PUC Notice says that Comments should be filed electronically.  To do that:

1. Go towww.puc.state.mn.us
2. Click on “eFiling” (the orange button)
3. Register
4. Follow the directions to file.
5. If that doesn’t work, email Comments to burl.haar@state.mn.us

Send your comments in before tomorrow at 4:30 p.m.  There are many, and we need many more.  It’s all about responsible siting that works, reasonable setbacks, sufficient to prevent unreasonable noise and flicker and other impacts to those who live near turbines.  Once more with feeling, we need energy we can LIVE WITH!!!