Legalectric

Slow evening at Rural Utilities Service’s scoping meeting for the Environmental Impact Statement for the Cardinal – Hickory Creek transmission project.  RUS is involved because Dairyland Power Cooperative (DPC) plans to hold a 9% undivided interest in the project, and are looking to RUS to provide the funding.  RUS held two more meetings, following on prior meetings October 31 and November 1 & 2, because their notice for those meetings went out a day late, so another Notice went out:

Notice of Intent To Hold Public Meetings and Prepare Environmental Impact Statement (October 18, 2016

Second Notice_2016-27988-2

Where’s my prior post on these meetings?  It’s gone! Here’s the dates and locations (click for larger version) — the last one is tomorrow in Barneveld, Wisconsin:

So to make quick work of it, this is cut and pasted from the RUS Cardinal Hickory Creek page:

I had a quick chat with Dennis Rankin who’s in charge of the environmental review on this and the Dairyland Q-1 South projects, and had a few quick things to register, particularly that ATC has announced that the project is delayed:

ATC postpones Cardinal-Hickory Creek project – The Dodgeville Chronicle -Dodgeville, WI

I had this article and a few comments to add tonight, and will file more detailed comments before the deadline — now January 6, 2017.

(don’t worry, I’ll get this looking pretty by the deadline!)

On the way in, there was new transmission marching across the countryside, so ugly:

And look how close to this house in New Vienna, right up near the garage, and not far from the house either — this line cut right through the middle of town:

But all in all, it was a beautiful day for a drive today!

Dairyland Power Cooperative’s transmission through Onalaska and La Crosse is something to see…

Dairyland Power Cooperative and USDA’s Rural Utilities Service has released the “Q-1D South” Environmental Assessment, open for Comment until July 1, 2016:

Q1-South_Environmental Assessment (BIG FILE)

And from Dairyland’s site:

Briggs Road to La Crosse Tap (Q-1D South) – Environmental Assessment

Comments are due July 1, 2016 — send to:

USDA’s Dennis Rankin:  dennis.rankin@wdc.usda.gov

(I’d also cc DPC’s Chuck Thompson:  cat@dairynet.com)

By U.S. Mail:

Dennis Rankin

Environmental Protection Specialist

USDA Rural Utilities Service

1400 Independence Avenue S.W.

Mailstop 1571, Room 2242

Washington, DC  20250-1571

What’s to comment on?  I see two issues that should be sufficient to stop this project in its tracks — the debt load of Dairyland Power Cooperative and the physical setting of the project which too near and right over people’s homes.

Debt load — Dairyland Power Cooperative’s debt is excessive and should prohibit taking on more debt:

Dairyland Power Cooperative’s Annual Meeting was last week.  One purpose of an organization’s Annual Meeting is to discuss its financial status and approve plans going forward.

Dairyland depends on federal USDA/RUS loans to pay for its transmission expansion, such as the Q-1 transmission upgrades, including Marshland-Briggs Road and now the stretch from Briggs Road to North La Crosse south of I-90. Another USDA/RUS loan paid for Dairyland’s share of the CapX La Crosse line now blighting the bluffs. Dairyland will also be part owner of the MISO Hickory Creek to Cardinal line from Iowa to Madison. That’s a lot of transmission and loans.

Dairyland recognized this financial risk and lopsided debt/equity position, and in 2012 sought help from FERC_(DPC_Request4DeclaratoryOrder), requesting a hypothetical capital structure of 35 percent equity and 65 percent debt when its actual capital structure was 16.5 percent equity and 83.5 percent debt, and FERC did grant this relief in an Order for DPC for CapX 2020 (see FERC Docket, go HERE and plug in docket EL13-19-000).  That Order, and the 83.5/16.5% debt/equity ratio was prior to the present Q-1 D South project and the MISO MVP Hickory Creek to Cardinal transmission line.  Dairyland requested a “hypothetical” (bogus) debt/equity ratio to preserve its credit rating and enable low cost loans. The true debt level makes DPC a higher risk.

Are Dairyland members aware of the 83.5%/16.5 % debt/equity ratio and reliance on loans for major transmission projects? What’s the debt level where new projects are included? This new transmission enables increased power marketing and sales, a private purpose. Is this highly leveraged position for new transmission in the best interests of Cooperative members?

Physical setting of the project — it’s just too close!

The map way above is what the transmission system in the area looks like theoretically, according to the Wisconsin Public Service Commission, but here’s what Dairyland’s Q-1 South line looks like on the ground:

Really… Here’s what it looks like from a satellite with the lines drawn in, on the far south:

Here’s what it looks like further north — look at all those homes:

And here’s what the Wisconsin PSC Code says about clearances in PSCW 114.234:

(2) Transmission lines over dwelling units. [Follows NESC 234C1b, p. 119] (Addition) Add the following paragraph c:

c. Transmission lines over dwelling units.

No utility may construct conductors of supply lines designed to operate at voltages in excess of 35 kV over any portion of a dwelling unit. This provision also applies to line conductors in their wind-displaced position as defined in Rule 234A2.

Note: It is the intent under s. SPS 316.225(6) that the public not construct any portion of a dwelling unit under such lines.

Note: The term “dwelling unit” has the meaning given in ch. SPS 316, which adopts by reference the definitions in NEC-2008.

Note: See s. SPS 316.225(6) Clearance Over Buildings and Other Structures, which refers to ch. PSC 114 regarding clearance of conductors over 600 volts and the prohibition of dwellings under or near overhead lines.

Be there or be square — transmission open houses in eastern Iowa near Dubuque and southwestern Wisconsin near Cassville.

Monday, May 16 –
Peosta Community Center
7896 Burds Road
Peosta, IA 52068

Tuesday, May 17 –
Pioneer Lanes
1185 US (Business) 151
Platteville, WI 53818

Wednesday, May 18 –
Deer Valley Lodge
401 West Industrial Drive
Barneveld, WI 53507

Thursday, May 19 –
Deer Valley Lodge
401 West Industrial Drive
Barneveld, WI 53507

Where’s Art Hughes when you need him??

Art Hughes has died…  March 31st, 2009

Days before he died, Art Hughes was testifying in Peosta against an ITC transmission line heading east to Peosta, here’s the photo from that hearing, and the article about it is in the “Art Hughes has died…” link above.

And now they’re doing another round of open houses, yesterday in Peosta, IA.  Wherefore Art thou?  Well, Art, where are you?  I guess they remember him, because this time it’s “open house” and not a meeting/hearing.  These “open houses” are held by ATC, ITC, and Dairyland about its plan for the Cardinal-Hickory Creek Transmission Project.  This project is the southern part of the “5” project on the MISO MVP project map below, from the Hickory Creek substation (near Dubuque) to the Cardinal substation (near Madison)(the northern part of 5 is the Xcel/ATC Badger Coulee line).  It’s one of the transmission lines that fills in the 345 kV transmission gaps to enable North & South Dakota to Chicago bulk power transfer.

Once more with feeling: Open House Schedule — each starts at 4 p.m. and goes until 7 p.m. (hello, ITC, it’s planting season, how convenient!):

It’s a different kind of “Wild West” in transmission these days (the photo up above could well be the old 230 kV line through PA and New Jersey!).   But it gets pretty exciting reading through these applications and seeing what it is that these evil transmission promoters are doing.

I did send out a lot of Information Requests today on the ITC Midwest MN/IA transmission project:

IR 1 to ITC (sent a while ago, responses received)

ITCM Response to CETF-NoCapX2020 IR No. 1

IR 2 to ITCMidwest

IR3 to ITCMidwest

IR 4 to ITCMidwest

IR 5 to ITCMidwest

IR 6 to ITCMidwest

IR 7 to ITCMidwest

IR 8 to ITCMidwest

IR 9 to ITCMidwest

IR 10 to ITCMidwest

What I’m most concerned about is that they’re touting all these benefits resulting from this project, but the benefits are associated with not just this project, but the REST of MVP 3, which is this project PLUS the MidAmerican part of MVP 3 in Iowa, PLUS MVP 4 (heading eastward to the Mississippi, and MVP 5, which is heading up to the Madison 345 kV ring, not just the part connecting the MVP 3 and MVP 5, but also Badger Coulee connecting CapX from La Crosse to Madison.  IT’S ALL CONNECTED, and the benefits, as modeled by PROMOD, are economic benefits, where a fundamental assumption of the modeling which includes ALL of the MVP projects, and not just MVP 3, MVP 4 and MVP 5, but all 17 of them.  17.  OK, find, we’re including all those benefits…

… but what about costs?  Wellllllllllllll…

They’re only addressing costs for their teeny-tiny portion of MVP 3, about 1/2 of it in Minnesota and a little bit into Iowa, the red part on this map, and no other costs:

The cost/benefit analysis of this project is a little unbalanced:

And it should come as no surprise that their lead witness, ITC Midwest’s David Grover, was behind the TRANSLink docket (oh my… for that docket, go to the PUC search page, and search for docket 02-2152 (NSP) and/or 02-2119 (IP&L) where both utilities were asking the PUC for permission to transfer transmission assets to TRANSLink, what was to be the first transmission only company in Minnesota.   It wasn’t exactly going well, and so they bought out the enviros who had intervened:

Settlement Agreement – ME3(Fresh Energy), Izaak Walton League, Minnesota Center for Environmental Advocacy, North American Water Office

Things went south in transmission from there, because even though the TRANSLink Petition was withdrawn, the utilities just did it another way, and got everything they wanted,  including legislation authorizing transmission only companies:

2005 Ch 97 – Transmission Omnibus Bill from Hell — Xcel’s transmission perks and C-BED

… plus perks like construction work in progress (CWIP) rate recovery, broadened definition of “need,” on and on, a transmission company or utility’s dream.

It’s all connected…