Legalectric

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:

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…

Tomorrow, the Chapter 7829 Rulemaking is going to the Commission, for approval of the FINAL rules.  This rulemaking has been going on formally for over two years now in Docket 13-24 (go to NEW SEARCH and search for this docket).

Overland 7829 Comment Nov 18 2015

PUC Staff BriefingPapers_201511-115619-01

FINAL_Rules 7829_201511-115691-01

And some history…   I’ve been concerned about this chapter for a long while, and submitted a Petition for Rulemaking over FOUR YEARS ago.  Apparently that was filed in the trash:

Overland Petition for Rulemaking-7829

And prior posts:

Notice of the Power Plant Siting and Transmission Line Routing Program Annual Hearing

Issued: November 6, 2015

In the Matter of the 2015 Power Plant Siting Act Annual Hearing

Public Utilities Commission (PUC) Docket Number: E999/M-15-785

Office of Administrative Hearings (OAH) Docket Number: 60-2500-32901

Date: Tuesday, December 1, 2015

Time: 9:30 a.m.

Location: Minnesota Public Utilities Commission, Large Hearing Room, 121 7th Place East, Suite 350, Saint Paul, MN 55101

Bad weather? Find out if a meeting is canceled. Call (toll-free) 1-855-731-6208 or 651-201-2213 or visit mn.gov/puc

Hearing Description

The annual hearing is required by Minnesota Statute § 216E.07, which provides that:

Thecommission shall hold an annual public hearing at a time and place prescribed by rule in order to afford interested persons an opportunity to be heard regarding any matters relating to the siting of large electric generating power plants and routing of high-voltage transmission lines. At the meeting, the commission shall advise the public of the permits issued by the commission in the past year….

Note – No decisions about specific projects are made at the annual hearing.

Public Hearing Information

• Public hearings start on time.
• Arrive a few minutes early so you have time to sign in, pick up materials, and find a seat.
• Administrative Law Judge James LaFave will preside over the hearing.
• Public Utilities Commission and Department of Commerce staff members are available to answer questions about the Power Plant Siting Act processes and the projects.
• You may add verbal comments, written comments, or both into the record.
• Learn more about participating at a public hearing at http://mn.gov/puc/resources/meetings-and-hearings.jsp
• Judge LaFave will use information gathered at the public hearing and during the comment period to write a summary report for the Commission

Submit Comments

Topics for Public Comment:

• Any matters related to the site permit process for large electric generating power plants and routing of high-voltage transmission lines.

Comment Period: November 6, 2015 through January 5, 2016 at 4:30pm.

• Comments must be received by 4:30pm on the close date
• Comments received after comment period closes may not be considered

Online Visit mn.gov/puc, select Speak Up!, find this docket (15-785), and add your comments to the discussion.

If you wish to include an exhibit, map or other attachment, please send your comments via eFiling (see below) or U.S. Mail.

Please include the Commission’s docket number in all communications.

Filing Requirements: Utilities and state agencies are required to file documents using the Commission’s electronic filing system (eFiling). All parties, participants and interested persons are encouraged to use eFiling: mn.gov/puc, select eFiling, and follow the prompts.

Important Comments will be made available to the public via the Public Utilities Commission’s website, except in limited circumstances consistent with the Minnesota Government Data Practices Act. The Commission does not edit or delete personal identifying information from submissions.

Hearing Agenda

I. Introductions
II.Overview of Programs
A. Public Utilities Commission – Facilities Permitting and Public Advisor
B. Department of Commerce – Energy Facilities Permitting Unit
C. Role of Other Agencies
III. Projects Reviewed
A. Projects Permitted in 2015
B. Pending and Anticipated Projects
C. Electric Facilities Subject to Power Plant Siting Act
1. Generating Plants
2. Transmission Lines
IV. Public Questions and Testimony
V. Adjourn

How to Learn More

Subscribe to the Docket: Subscribe to receive email notifications when new documents are filed. Note – subscribing may result in a large number of emails.

1. mn.gov/puc
2. Select Subscribe to a Docket
3. Type your email address
4. For Type of Subscription, select Docket Number
5. For Docket Number, select 15 in the first box, type 785 in the second box
6. Select Add to List
7. Select Save

Full Case Record: See all documents filed in this docket via the Commission’s website – mn.gov/puc, select Search eDockets, enter the year (15) and the docket number (785), select Search.

Project Mailing Lists: Sign up to receive notices and opportunities to participate in other dockets relating to specific projects in which you are interested (meetings, comment periods, etc.). Contact docketing.puc@state.mn.us or 651-201-2234 with the docket number, your name, mailing address and email address.

Minnesota Statutes and Rules: The hearing is being conducted according to Minnesota Statute 216E.07. Minnesota Statutes are available at www.revisor.mn.gov.

Project Contacts

Public Utilities Commission Public Advisor

Tracy Smetana – consumer.puc@state.mn.us, 651-296-0406 or 1-800-657-3782

It’s fall, the sun is rising on the other side of the house and bluff now, and I’m not ready!  Getting out to enjoy fall as much as possible, and then Little Sadie and I are heading to St. Louis soon for BaronFest III (didn’t have one last year).  Maybe down to Arkansas to catch fall later!  This is the first BaronFest where I don’t have a German Shepherd, and I’m not sure how Little Sadie will fare.

It’s hard to feel motivated to work with all this transmission going up here in Minnesota.  Earlier in the summer, we went down through Wabasha, and south of Wabasha where CapX Hampton – La Crosse cuts across the Mississippi River to Alma, through La Crosse and checked out the Briggs Road substation, host to CapX and Badger Coulee transmission, to Cassville and Dubuque and back up further west, a tour of electric infrastructure.

Don’t they have enough?  If they’re shutting down this coal plant, why would they need transmission?  How about using that capacity… oh, right, they get that 12.38% or thereabouts for building transmission, that’s their primary revenue source these days!

Time for a break…

Until then, I can vicariously enjoy my SiL’s trek along El Camino, and transmission lines too, in Spain.  Go, Jeanne, go!!!