Legalectric

Xcel Energy, or Northern States Power, whichever, has filed its brief in the Routing docket for the Hiawatha Transmission Project.

Xcel/NSP Post-Hearing Brief

Xcel/NSP Proposed Findings of Fact, Conclusions

Also filed is Notice that the transcripts are now available at local libraries, a big help because the cost is prohibitive, they’re not free here as they are in WI or available via FOIA as they are in New Jersey (called OPRA there):

Notice – Transcripts are in the libraries

Which states:

I write to advise that the transcripts for the evidentiary hearings held in the Hiawatha Transmission Project routing proceeding on April 12 – 21 and April 26 – 30, 2010, have been placed in the following libraries: East Lake Library, Hosmer Library, Franklin Library, Central Library, and Roosevelt Library. We have also provided an extra copy to the Central Library with a request that it forward it to the Nokomis Branch once renovations are complete. The transmittal documents are enclosed.

So those of you writing briefs now know where to go!!!!

Here we go again!

Once more with feeling, Xcel’s Chisago transmission project rears its ugly head.  This time, Xcel, f/k/a NSP, has violated the terms of the agreement between itself and the cities of Taylors Falls and St. Croix Falls.  It centers on the location of the end of the undergrounding near the St. Croix River.  Xcel is coming up quite a bit sooner than their specific agreement says they would, and Taylors Falls is not happy.  St. Croix Falls has joined in on their objection.  They’ve been going back and forth about this for a while, and now Taylors Falls has asked the PUC to amend the permit.

Notice of Permit Amendment Request & Comment Period

Taylors Falls & St Croix Falls Permit Amendment Request

And they’re soliciting Public Comments!  From the Notice:

The permit amendment request is scheduled to be heard at the Commission’s June 11, 2009, Agenda Meeting. The Commission is providing until June 02, 2009, for interested persons to comment on the issue. Please submit comments to be received before 4:30 p.m. on that date to:

David Birkholz, Project Manager
Office of Energy Security
85 7th Place E, Suite 500
St. Paul, MN 55101-2198

or by email:  <David.Birkholz@state.mn.us>

Attached to the Notice are the rules regarding amendments, and notice is to be provided to the project list.  I haven’t received it.  Hmmmmmmm… and I’ve even been to the P.O. Box lately!

Something else — on April 14, 2009, Burl Haar at the PUC signed a letter saying that Xcel had filed their Plan and they were in compliance with the permit.  That’s April 14, and attached is a memo from David Birkholz, MOES staff, dated April 10, 2009.

It looks to me like they weren’t reading my blog dated April 4, 2009:

Xcel — Undergrounding in Taylors Falls

“In compliance” my fat ass…

This was an issue in March, with correspondence dating from mid-March, and we know there was a lot of fighting going on before that.  So the MOES memo says they’re in compliance with the permit…

Hello – the agreement?  That was Exhibit 218, entered by moi into the record, offered and accepted in Transcript Vol. 1B, pages 82-83.

Deal – NSP – Taylors Falls – St. Croix Falls

This bru-ha-ha was brewing before Xcel submitted its “compliance filing,” and before Birkholz and Harr signed the “go ahead” approval.  So either David Birkholz, MOES and Burl Haar, PUC are sleeping at the switch, or Xcel made a material omission in its filings, or more likely, BOTH!  But hey, what’s an agreement between the state’s largest utility and two Minnesota cities?

Shame, shame, shame, Xcel…

Remember way back when, Chisago II, when then Northern States Power did a deal with the City of Taylors Falls and the City of St. Croix Falls?  I won’t forget the cities’ joint siging meeting, because the then Mayor of St. Croix Falls, now a felon, ordered me arrested when I inquired during public comment period about the “Project Mitigation Fund and Committee.”  Guess he didn’t want that discussed, didn’t want it questioned… thanks to all the hollering from the audience I didn’t end up with three hots and a cot!

Deal – NSP – Taylors Falls – St. Croix Falls

This was a three way deal.  Well, Xcel has just unilaterally, without permission of Taylors Falls and St. Croix Falls, altered provisions of the construction specifics that were material terms of the agreement.

From the agreement:

See???  Undergrounding “to the existing dam facility on the St. Croix River…”

Simple enough… but here’s what it says in the PUC Order of February 20, 2008:

… and..

.

So in the agreement, it is undergrounded all the way to the river, and in the PUC Order, it’s above ground from Hwy. 95 to the river on H-frame structures.  EH?  Well, what does that look like?  Here’s the map:

Off to the right, the wider road where there’s a box pointing downward at the wider road where it says “UG Termination Structures” and the line representing transmission changes to sort of a weird dashed line just after the road, that’s Hwy 95 where just east of the highway, it changes from underground to overhead.  If you follow it from Hwy. 95 to the right, east, you’ll see it go over County Road 16, Wild Mountain Road and then over to the St. Croix River.

What does Taylors Falls think about it?  They’re unhappy enough to have rattled Xcel’s cage, and got this response from Xcel:

Xcel’s letter to Mayor Buchite – March 26, 2009

Xcel’s explanation why transmission line was overhead when it was supposed to be underground is… well… read it for yourself:

Oh, right, Xcel, because you got everyone together EXCEPT those who are party to the agreement and they agreed, yeah, seems like it’s OK… uh-huh…

I think a better response: “THAT’S DIFFERENT!”

Should the settlement agreement be amended?  Xcel has this to say:

Xcel says there’s no need to amend the settlement agreement and that they’ve “complied with all of the provisions relative to Taylors Falls.”  Oh… uh-huh…

St. Croix Falls, the other party to the agreement, is outraged!  They took it to Congressman Obey:

St. Croix Falls letter to Rep. Obey – March 31, 2009

Can you hear their eyeballs rolling, hands thrown up in disgust?

And what’s this about the school in St. Croix Falls?????

Xcel is getting a little too big for its britches!

Seems Xcel had a bit of a problem with an equipment shipment from Prairie Island Nuclear Generating Plant… oops… it was too radioactive at the receiving end of the line… how was it before and during???  Hmmmmmm…

Here’s the NRC report:

Prairie island Preliminary Yellow Findings Report

Bottom line?

…. the NRC concluded, that the elevated ratiation levels, although on the underside of the package, had the potential to adversely affect personnel who would normally receive the package and/or respond to an incident involving the package with the reasonable expectation that the package conformed to DOT radiation limitations.

and, regarding Title 49 CFR 173.44(a) which sets out specific shipping requirements …

Contrary to these requirements, on October 29, 2008, Northern States Power – Minnesota (Prairie Island) shipped a package containing radioactive material that was not sufficiently designed nor prepared to assure that, under conditions normally incident to transportation, the radioation level on the external surface of the package would not exceed 200 mrem/hour.  When received and surveyed at the shipping destination (Westinghouse in Waltz Mill, Pennsylvania), on October 31, 2008, the external surface of the package exhibited radiation levels of 1630 mrem/h [i.e. package radiation levels greater than five and less than ten times the regulatory limit].

Prairie island Preliminary Yellow Findings Report, see p. 9-11.

Here’s the story from the Red Wing Republican Beagle, also posted as AP in STrib and StPPP:

Shipments radioactivity was too high

Anne Jacobson
The Republican Eagle – 02/16/2009

A radioactive piece of equipment passed muster when it left Prairie Island nuclear plant, but the package exceeded safe radiation shipping levels by eight times when it reached Pennsylvania.

Plant Vice President Mike Wadley called it a serious and rare event.

The Nuclear Regulation Commission officials notified him by mail last week that they have issued a preliminary “yellow” finding in the matter. Yellow is the third highest of four safety risk rankings.

The NRC defines a yellow as an incident of substantial safety significance that will require additional inspections.

The plant immediately reported the incident to the NRC, Wadley said Monday. Westinghouse Electric Co., which received the shipment, also filed a report.

Investigators determined that a small particle moved during shipping, coming to rest on the steel shipping container’s bottom. That spot exceeded by eight times the 200 millirem radiation limit set by the U.S. Department of Transportation.

The equipment, which workers used during the plant’s Unit 2 refueling outage last fall to test the integrity of fuel rods in preparation for moving them, is always shipped by itself on a flatbed truck.

“It isn’t migrated or commingled with any other shipment,” Wadley said. “The trucker, no workers, no members of the public were affected.”

The plant promptly stopped all shipments so staff could evaluate what went wrong and modify procedures. Limited shipments resumed Feb. 6.

“We think we’ve eliminated the possibility going forwarded,” he said.

The plant ships potentially radioactive items, from oil to equipment, once a month.

Xcel Energy owns the plant. The utility’s officials as well as plant managers are reviewing the NRC’s preliminary yellow determination and will decide if they wish to respond in person or in writing. A final NRC determination is expected within 90 days.