A Most Bizarre PUC Meeting!

July 17th, 2020

Freeborn Wind was on the Commission’s agenda yesterday:

Note the narrow issue, “What actions should the Commission take regarding the April 21, 2020 Request to Amend the Site Permit with a Special Condition?

Suffice it to say, the meeting went off the rails… You have to listen to this to believe it (this old fart managed to youtube it!). Commissioner John Tuma’s going rogue moment is forever preserved:

The day before, less than 24 hours before the meeting, Commissioner Tuma filed this, and note, it was eFiled, but it was not served, was NOT on the agenda, was not related to the agenda item for this docket, and was only received by subscription, no 10 day notice, and no notice to Oakland and London townships, and parties had NO opportunity to participate in this “discussion” of Tuma’s “Motion” to pre-empt local control (earth to Mars, Minn. Stat. 216E.08, Subd. 2 anyone?):

So, on that note…

… and from Oakland and London townships:

And my comments to “Host” as this was going on, and again, we were shut out:

Listen to the snippet of the meeting, above, OMFD!


Today was the hearing on Xcel Energy’s Minot Load Serving Transmission Project, or McHenry-Magic City 230 kV Transmission Line Project.

PSC hears NSP’s plan to upgrade transmission line to Minot

I got a Google Alert on this project, and it’s just a short jaunt from the Ft. Stevenson State Park (no relation to Xcel’s Grant Stevenson, I believe), so it seemed a lot more exciting than a tour of the Garrison Dam (I mean, yawn, we toured the Ft. Peck Dam last year and a dam’s a dam!). Last night was a rough night in the ol’ campground, highest winds I’ve ever experienced, and I thought the roof might collapse.  Not a drop of rain, but the wind was so high, and lightning and thunder just a bit to the north.  Everything blew around and I had to get up and get out and get everything in. Whew, it’s tired out…

Here’s the project:

The Route Application, at issue in this hearing:

Consolidated Application for Certificate of Corridor Compatibility, Route Permit, Waiver

And the CPCN Application, which has been issued:

Application for Certificate of Public Convenience and Necessity

This hearing yesterday was about  not just Xcel’s application, but also its request for a waiver, wanting to rush it through.  That was the major point that made no sense.  This project was the result of a study that is Appendix A in the above Application for Certificate of Public Convenience and Necessity, and a Supplement that is Appendix B.  It was dated 3/27, 2015, which is 2.5 years ago!  Why the hurry?  It’s also in MISO’s MTEP 15.  The CPCN application wasn’t filed until September, 2016, by Pam Rasmussen.  Again, what’s the hurry?  That wasn’t answered. Xcel’s Tom Hilstrom said that he was responsible for the application, and that there were things that changed, but ???  Granted, “Hilly” probably wasn’t at Xcel for some of the time in question, Pam Rasmussen could have filed it, anyone could have, but it wasn’t. So it’s not really so urgent, eh?

The “need” for this project, and this project alone, wasn’t established.  Commissioner Fedorchak had a number of questions about need, acknowledging that the CPCN proceeding came before, was already decided, but she wanted more info on need.  However, when I raised issues about “what’s the hurry” and “need” and urged them to consider generation in Minot, such as natural gas generation, solar installed on the excess 40 acres of substation land purchased that isn’t necessary for the substation, and that all the recommendations of the study should be addressed, not just this one.  I also asked that they take into consideration the unspecified GRE project connected (after all, this is transmission, it’s all connected, and another Commissioner had questions about Xcel’s agreements with the other transmission owners, particularly GRE, owner of the McHenry substation).  Fedorchak apparently wasn’t too happy and wanted to make sure I knew need had already been decided.  Ummmmm, raising issues similar to the ones she raised… hmmmmm.  And she very pointed asked, “And what’s YOUR interest in this project?”  I’d disclosed that at the beginning, no dog in the fight, camping nearby, got notice, and so looked into it.  That’s called public participation.

What’s more odd is that there were only two of us who commented on the project.  The other speaker was from the North Prairie Town Board, which had worked out an agreement with Xcel to follow quarter section lines rather than cut cross country diagonally, as the existing line does.  Kudos to the town board!!!

The study has a number of changes recommended, and the transformer at McHenry substation is the limiting factor.  Also, given that this is two lines on one structure, that’s regarded by NERC as one element, not two, and therefore not technically a reliability boost!

And about that McHenry transformer… where’s that? And it seems that the “rebuild both Ward County-Souris 115kV lines should be a top priority.

The good news?  North Dakota has some interesting notions, like that those testifying should be reminded of “perjury” and that they swear or affirm that their testimony is true, both utility witnesses and the public (there was no staff testimony).  Second is that the Commissioners go to the hearings!  What a concept!  Commissioner Christmann, responding to my testimony, wanted me to note how exceptional it is that the Commissioners were there, but it’s not ONLY North Dakota.  That’s how it works in Wisconsin too, except in WI, it’s only the public hearings, and not the evidentiary hearings, although there is usually one commissioner present, and/or commissioners’ staff, to monitor. I had a short chat with Commissioner Kroshus, who came up and introduced himself, in a break, prior to my testimony,and I was clear, FULL DISCLOSURE, no dog in the fight, not representing anyone in this, and we talked some about differences in procedure, the ups and downs of our respective states.

Meanwhile… the office today, a perfect day in the shade at the Marina!

Xcel’s 2016 Earnings Call was this morning.  Look at the above chart, pay close attention to the numbers I’ve highlighted in yellow.  2016 4th Quarter sales growth is down 0.6%.  Yearly sales decrease is -0.3%.  Here’s the rest of the Earnings Call Presentation:

1001219517_Presentation_Year End 2016

Remember CapX 2020, based on projections of annual increases of 2.49%.  Remember Commerce’s Steve Rakow who introduced the most bizarre chart ever in an effort to prop up need for CapX 2020, one without identifying the X axis or Y axis and just a sine wave trending sharply upward?  Yea, this one…

Hasn’t worked out that way, has it… the 2016 10-K isn’t filed yet, so there’s only 2015 to go on, though looking at their 10-Q for summer, I expect it’s flat at best.

So with sales down, I presume it’ll be flat peak demand?  It’s not disclosed in the 3rd Quarter 10-Q.  Xcel, we’ll be looking for that this month in your 10-K filing!

soundstudy

OK, time to get to it.  There were THREE releases from the Minnesota Pollution Control Agency today related to the Red Wing/Xcel Energy/Lab USA ash mining project.  THREE!

The ash mining project’s EAW:

Lab USA’s Ash Processing Facility – EAW (p-ear2-119a)

Public notice period: 12-5-16 to 1-4-17; Project manager: Kevin Kain

And two solid waste draft permits, first NSP’s ash landfill:

INTENT TO MODIFY AND REISSUE AN EXISTING SOLID WASTE FACILITY PERMIT TO NSP- RED WING ASH DISPOSAL FACILITY, RED WING

Open for public comment through Thursday, January 5, 2017

And one for Lab USA (modify and reissue?  Hmmmm…):

Intent to Modify and Reissue an Existing Solid Waste Facility Permit to Lab USA’s Ash Processing Facility – Red Wing

Open for public comment through Thursday, January 5, 2017

There’s a meeting at the Red Wing library on Wednesday, from 5-7 p.m. about the Lab USA EAW, but what about the permits?

20160721_172836[1]

Well, that was interesting… and it took all evening!

First a sidebar, but an important one.  The Agenda CBS Public Meeting-Minneapolis caught my attention, seeing PUC Commissioner John Tuma named front and center. The PUC’s page  on Commissioner ex parte, conflict, and basic decorum has disappeared — I called the PUC about Commissioner Tuma’s appearance (fair warning, prior to event), and noted that the page had disappeared.  Here are the rules (the page was what stressed the importance of avoiding even the appearance of impropriety:

7845.0400 CONFLICT OF INTEREST; IMPROPRIETY.

Subpart 1. General behavior.

A commissioner or employee shall respect and comply with the law and shall behave in a manner that promotes public confidence in the integrity and impartiality of the commission’s decision making process.

Subp. 2. Actions prohibited.

Commissioners and employees shall avoid any action that might result in or create a conflict of interest or the appearance of impropriety, including:

A. using public office for private gain;

B. giving preferential treatment to an interested person or entity;

C. impeding the efficiency or economy of commission decision making;

D. losing independence or impartiality of action;

E. making a commission decision outside official channels; and

F. affecting adversely the confidence of the public in the integrity of the commission.

7845.0700 PROHIBITED ACTIVITIES.

Subp. 4. Outside employment.

A commissioner or employee shall not negotiate for or accept outside employment or other involvement in a business or activity that will impair the person’s independence of judgment in the exercise of official duties.

I registered this in a Comment section, provided copies of the rules, and expected something similar to Commissioner Koppendrayer’s response in a similar situation years ago (see below). Commissioner Tuma is new, and being there was not the worst of possible activities, other past and present Commissioners have done much worse, but it’s not OK.  His presence on the panel, on the stage, lends the impression of support of the DOE’s efforts, and nuclear waste, nuclear decommissioning funds, nuclear uprates and rehab, all are issues that have been and will be in front of the Commission in highly contested cases.  It lends the appearance of losing independence, impartiality, and impairment of judgment in future exercise of official duties.

I’ve seen this a few times.  One positive experience was at the Sawmill Inn when Commissioner Koppendrayer was named on a coal gasification love-fest panel when Excelsior’s Mesaba Project was before the PUC, and I’d called the Commission ahead of time and spoken to the then Asst. A.G. who said, not to worry, they knew ex parte and conflict of interest and rules of decorum.  Yet at that meeting, which Koppendrayer DID attend despite advance warning, I jumped up and objected from the back of the room, noting the PUC’s focus on avoiding even the appearance of impropriety, and Koppendrayer said something like “Overland’s got a point, and I should leave” and he did!  He earned quite a few “respect” points that day.   IEDC gets carried away  February 15, 2007.

On the other hand, I’m also remembering Commissioner Phyllis Reha’s coal gasification junket to Belgium via Great Plains Institute, a well-funded toady for coal gasification (and GPI was on panel last night, another cause for concern, how much were they paid!).  How blatant can you get?  MCGP Request for Recusal (Commission saw no problem!).

Reha-Europe2007GroupPhoto_1

… and there’s her stumping for CapX 2020 transmission: PUC Commissioner Reha: Enhancing the Nation’s Electricity Delivery System.  That was the basis of another Motion, but of course, Commissioner Reha and the Commission saw no problem with her actions!  NoCapX Motion to Recuse Commissioner Reha & Exhibit A – Reha Power Point Presentation.

And then there’s Great Plains Institute’s involvement.  After their intense and well funded toadying for coal gasification ($437,000 over 21 months), and transmission, and then Xcel Energy’s e21, Dog help us!  Anything GPISD in involved with has got my attention, and not in a good way!

Last night’s agenda was packed, and we got a lot done.  A guy name Scott Thomas (the NSP engineer perhaps?) was at my table and jumped up and objected when we had a bit of opposition theater, I jumped up to counter, DOH, every hear of freedom of speech.  I mean really, it took all of 5 minutes, let people speak up!

Here’s my comment, in large part based on “consent” a la SNUY’s approach for sexual consent, substituting “nuclear” for sexual — if we’re going to get screwed, this is the best possible of consent definitions:

DOE – Overland Comment 7-21-2016

Here’s the DOE’s Consent-Based Siting page.  Notice was in the Federal Register, who reads that? Invitation for Public Comment in the Federal Register.  Comments are being taken through July 31 or email to them at consentbasedsiting@hq.doe.gov.

Here’s how they’re framing it, with questions to be answered:

  • How can the Department ensure that the process for selecting a site is fair?
  • What models and experience should the Department use in designing the process?
  • Who should be involved in the process for selecting a site, and what is their role?
  • What information and resources do you think would facilitate your participation?
  • What else should be considered?

We broke into small groups and actually had a pretty good discussion.  Peggy Rehder, Red Wing City Council, was also at “Table 2” and of course we’re disagreeing.  She’s frustrated at having spent 6 years on this and getting nowhere, but in terms of nuclear waste, 6 years is but a second or two…  I’ve got 22 years in, and some there had many more.  A key point was that the DOE must restore trust if it wants to get anywhere, and how would that happen?  Stopping production of more nuclear waste is a key step.  Dream on… this process is a move to enable continued generation of nuclear waste, continued operation of nuclear plants, now being relicensed, uprated, nuclear waste expanded.

Prairie Island’s President Shelly Buck was on the panel, and that was good — PIIC is in such a mess, the plant and nuclear waste right next door, and they’ve been screwed over so many ways, so many times.  Will they be regarded as a “stakeholder” this time around?  They’ve intervened in so many nuclear matters, doing everything they can to protect the Community…

Parts of it were webcast.  There will be a video of the evening’s festivities sometime, LINK HERE (when it’s posted, scroll down to “Minneapolis”) and there was a photographer snapping shots every few seconds (hmmmm, well, I guess that will be added to all our files!).

Karen Hadden, SEED Coalition (that SEED Coalition grew from Energy Foundation funding, same as MN’s defunct “SEED Coalition” which morphed into “RE-AMP” about 2005), was present, and vocal (YES!), regarding their concerns about nuclear waste siting in Texas and New Mexico, particularly about a recent application to NRC for a nuclear waste storage facility in western Texas, near the New Mexico border. See www.NoNuclearWasteAqui.org for more info.

Alan Muller, environmental consultant in Minnesota, and Exec. Dir. of Green Delaware, spoke of his having TWO Prairie Island reactors on the other side of town here in Red Wing, and the THREE Salem and Hope Creek reactors, visible from the office window in Port Penn, Delaware.

AlanGreenDel

Here’s the Arizona meeting, CHECK OUT THE VIDEO HERE.  Well worth the listen, the panel is much better qualified than the one in Minnesota (with the exception of Prairie Island’s Shelly Buck, and Canada’s Kathryn Shaver from their Adaptive Phases Management Engagement and Site Selection, Nuclear Waste Management Organization, listen up to them when Mpls. video is released).

Take some time and consider the DOE’s informational booklet.  Put your thoughts together and send in comments: consentbasedsiting@hq.doe.gov.

I think it’s worth trotting out the EQB Citizens Advisory Task Force report on nuclear waste, from the Florence Township Nuclear Waste Daze:

Florence Twp Site – Citizens Advisory Task Force – Nuclear Dry Cask Storage

And also thing about the many casks on Prairie Island — those TN-40s and TN-29 have aluminum seals that need to be replaced EVERY 20 YEARS, and to my knowledge they’ve not been replaced, and there are casks that have been loaded and sitting there for more than 20 years.  What’s up with that?  What’s the plan?  Back when they were permitting that, there was no plan.  So…

Consider this 3 Stooges approach to cask unloading — don’t know of any other attempt to unload casks, maybe that’s one of the lessons learned here:

INEL TN-24P stuck

Here’s an INEL report on a TN24 leak:

10813-TN-24P leak

And an NRC report on unloading:

NRC INFORMATION NOTICE 97-51:  PROBLEMS EXPERIENCED WITH LOADING 
AND UNLOADING SPENT NUCLEAR FUEL STORAGE AND TRANSPORTATION                             CASKS

Here’s an EPRI report on (these technical reports are important!) Creep and Crud, which occurs with storage:

100217 – Creep & Crud

Here’s a report generated after the “ignition event” at Pt. Beach, where spent fuel was loaded in a cask, then set out of the pool, and let sit overnight, then they attempted to well it, well, welding cask full of bubbles of hydrogen from the interaction of zinc and the acidic solution the assemblies are sitting in, left overnight, BOOM!

NRC_ Bulletin 96-04_ Chemical, Galvanic, or Other Reactions in Spent Fuel Storage and Transportation Casks

Where are all the reports about the weld flaws on the VSC-24 casks?  They’re in Pt. Beach, Palisades, and Arkansas One.

Estimated Risk Contribution for Dry Spent Fuel Storage Cask

Failure Modes and Effects Analysis of Welded Stainless Steel Canisters for Dry Cask Storage Systems – EPRI

And here’s a report relevant to us here in Minnesota, given all our granite and our “2nd place” position in the federal site selection resulting in “choice” of Yucca Mountain:

Granite report SAND2011 6203