Center of the American Experiment is off track
July 18th, 2016
Under a meme “Raise your voice… before they raise your rates” on a friend’s fb page, the Center of the American Experiment goes off the rails. They’re fixated on renewable energy as the driver of the Xcel Energy rate case and rate increase, but don’t want to bother with the facts. Well, it is the Center of the American Experiment, after all…
There’s no posting of the public hearing schedule, and no links to send comments, so what’s the point? Guess they just want to rant. I posted info on the schedule, and info about the transmission driver, and surprise, they deleted my comments!
Time to trot out this old favorite:
In Grist today: Transmission Lies
And here’s CAE‘s take:
Renewable Mandate Drives New Increase in Utility Bills
“AARP knows that when utility bills go up, it hurts Minnesota families, especially those on fixed incomes or struggling to make ends meet. That’s why we’re fighting make sure you only pay what’s fair and reasonable for reliable utility service.” (the quotes aren’t formatting correctly, hence “)
“We’re making improvements to our distribution and transmission systems for continued reliability, the ability to safely integrate new energy on our system and to continue to provide carbon-free nuclear energy. Those improvements require investments, so we’re also working with regulators to bring more predictability to your energy bills.” (the quotes aren’t formatting correctly, hence “)
Above is the public hearing schedule for the Rate Case, which apparently CAE does not want published. IF YOU GO TO THE HEARING AND OFFER ORAL COMMENTS, ASK TO BE PUT UNDER OATH (swear or affirm) TO GIVE YOUR TESTIMONY EXTRA OOOOOOMPH!
And to send in written comments, here’s from the PUC blessed Xcel Notice:
More Denial of Intervention in Xcel Rate Case
May 3rd, 2016
WOW… can you believe?? It’s not just me, it’s not just denial of Intervention of No CapX 2020. See 20162-118122-01_Denial2_Overland-NoCapX Intervention.
Intervention as a party in this Rate Case is only open to those who sold out to Xcel Energy and it’s “business plan” agenda of e21.
This is the most recent Order in the Xcel Energy Rate Case:
Here are their Intervention Petitions:
To see the full Rate Case docket, go to the PUC’s Search Documents page, and search for Docket 15-826.
And the Order… Dig this, parroting Xcel’s objections:
And this, even worse, as if the interests of the “Clean Energy Organizations” who bought into, stumped for, and sat quietly during the legislative hearings about Xcel Energy‘s e21 Initiative are the same as the interests of SunShare and Institute for Local Self-Reliance – ILSR:
This is SO offensive. There is no consideration that the perspectives are different, only statements that the issues, the concerns, are the same.
The late, great Myer Shark, rate case Intervenor extraordinaire, would spin in his grave at the limitations of participation in this rate case.
Myer Shark, Lawyer Who Fought Utility, Is Dead at 94
In the Matter of the Complaint by Myer Shark, et al …
Notice? For utility infrastructure projects? DOH!
September 6th, 2015
NOTICE!!! Landowners need notice if their land is affected! Local governments and residents need notice if their communities are affected! Yes, posting something can have an impact!
Notice is something that’s been an issue in utility dockets, and transmission proceedings particularly, for a long, long time. It’s something we’re trying to address in the Minn. R. Ch. 7850 in our rulemaking advisory committee meetings over the last TWO PLUS YEARS!
Here are the latest Comments:
Why does notice matter? Well, there’s this thing called “Due Process.” Notice is a fundamental Constitutional Right. It matters because “NOTICE” often doesn’t happen. And it ties in with eminent domain, where land may Constitutionally be taken for public purpose projects with just compensation (and what is a “public” project? What is “just” compensation?) If you aren’t properly informed, have no notice, what does that do to your ability to participate?
In Minnesota, it’s a matter of law, clear, simply stated law:
Looking over posts and filings where this has happened, situations I’ve been aware of where landowners have been surprised at the last minute, too late to meaningfully participate in the proceedings, have filed Motions for Reconsideration, and have been to the Appellate Court on their behalf, it is SO frustrating. Looking at the many times I’ve tried to intervene, to have intervention deadlines extended in case landowners want to stand up, There’s no excuse. People should not be surprised at the last minute with a utility attempt to run transmission over their land.
It happened recently in the Great Northern Transmission Line routing docket:
ALJ Order filed, no RRANT intervention
It happened in CapX Brookings route and on CapX Hampton- La Crosse route:
- Cannon Falls (CapX Hampton- LaX route) example to go around county park and DOT prohibited intersection area:
Cannon Falls Beacon – CapX in the news!
Dakota County resolution about CapX 2020
CAPX APPEAL — DECISION RELEASED (includes Cannon Falls)
UPDATED Updated Minnesota Appeal Update
Initial Brief – St. Paul’s Lutheran School and Church and Cannon Falls Landowners
Reply Brief – Cannon Falls Landowners and St. Paul’s Lutheran School and Church
- Oronoco(CapX Hampton – La X route) enters “new route” proposal without notice to its own landowners:
Oronoco Twp’s Exhibit 89
- USDA’s Rural Utilites Service (CapX Hampton – La X) example:
RUS Reopens Comments on Hampton-LaCrosse
- Myrick Route (CapX Brookings) example:
Myrick route withdrawn
Myrick Route & How to find things on PUC site
- In particular this “Notice” which went out after all the hearings were over with no way to participate at all: Dec 30 Notice – Myrick Route
PUC chooses Belle Plaine crossing
- This is important to understand the set-up, and now this notice was snuck in at the last minute due to Applicant and Commerce disregard for objections of DOT, DNR and USFWS.
That’s enough examples to get an idea of the problem… but there are more that I can trot out if necessary. The notice provisions in Minnesota law and rule must be corrected.
Greenhouse Gas Rule Rebuttal Comments!
October 1st, 2012
Rebuttal comments were due on the Greenhouse Gas Rule.
Out of the entire state of Minnesota, the only rebuttal comments filed were filed by Alan Muller and moi.
Pathetic – and proof that the MPCA’a notice was deficient, which the agency admits, and that the “usual suspects” in all things CO2 have abdicated and sat back, thumbs implanted, doing nothing.
From the OAH site:
Public Comments
Public exhibits that were received at the August 30, 2012, hearing, and comments that have been received by Judge Cervantes since August 30, 2012, will be posted below.
- Public Comments Received During the Public Comment Period July 9 – August 10, 2012
- Public Comments as of September 18, 2012
- Public Comments as of September 19, 2012 Batch 1
- Public Comments as of September 19, 2012 Batch 2
- Public Comments as of September 19, 2012 Batch 3
- Rebuttal Comments as of September 26, 2012
Agency Comments
- Transcript of Hearing – via Wayback Machine
- PCA Response to and Rebuttal of Comments
- Letter from Revisor of Statutes
- 7007.1450 Revision Line 61.9
- Adopted Permanent Rules Relating to Greenhouse Gas Permit Requirements
- Responses to Comments Received During Public Comment Period July 9 – August 10, 2012
- Rebuttal Comments as of September 26, 2012
Agency Exhibits
Rulemaking on OAH Process & Procedure
July 22nd, 2012
Well, folks, here we go, just got notice TODAY from Judge Lipman of the rulemaking at Office Administrative Hearings. Send Comments to:
Honorable Eric L. Lipman, Assistant Chief ALJ
St. Paul, Minnesota 55164-0620,
Electronic Mail: eric.lipman@state.mn.us
Here’s the “purpose” according to OAH (listed in numbers, not letters):
The purpose of these draft revisions to Parts 1400 and 1405 is to:
- streamline hearing procedures across different types of administrative proceedings;
- leverage the broader familiarity with contested case procedures to improve predictability in the hearing process for other types of cases;
- better reflect contemporary hearing practice and the technological changes occurring since September of 2001 (when the last revision of OAH’s procedural rules was completed); and
- improve predictability in the hearing process by more closely aligning OAH’s procedures with the General Rules of Practice of the District Courts.
I have a vested interest in this because I’d filed a Rulemaking Petition ages ago:
That was March, 2011, IT TOOK A YEAR AND A HALF!
Here are a few things I hope you’ll look at — the parts cited with a page number are from the OAH Rulemaking Draft Changes:
- Draft Changes, p. 2, definitions of Participant and Person – narrowing definition of person:
As proposed, on p. 4:
20 Subp. 6a. Participant. “Participant” means a nonparty who:
21
22 A. files comments or makes a formal appearance in a
23 proceeding authorized by the Minnesota Public Utilities
24 Commission, other than those commission proceedings that
25 are conducted to receive general public comments; or,
26
27 B. with the approval of judge, offers testimony or
28 evidence pursuant to part 1400.7150 or 1400.8605.37 Subp. 8. Person. “Person” means any individual, business,
38 nonprofit association or society, or governmental entity.
As found in the PUC’s Rules, Minn. R. 7829.0100, Subp. 13 and 15:
Another in a trend of limiting participation by the public, QUESTIONING WITNESSES IS OUT – SAY WHAT???? See Draft Changes, p. 14-15 (see also p. 59-60):
45 Subp. 5. Participation by public. The judge may, in the
46 absence of a petition to intervene, nevertheless hear the1 testimony and receive exhibits from any person at the
2 hearing, or allow a person to note that person’s appearance,
3 or allow a person to question witnesses, but no person shall
4 become, or be deemed to have become, a party by reason
5 of such participation. Persons offering testimony or exhibits
6 may be questioned by parties to the proceeding.
Where then PUC’s rules provide for much more — check out current Minn. R. 1405.0800, which they want to just ELIMINATE! It starts here:
Here’s one of the really limiting changes that is NOT OK:
20 1405.0800 PUBLIC PARTICIPATION.
21
22 At all public hearings conducted in proceedings pursuant to
23 an order of the Commission parts 1405.0200 to 1405.2800,
24 all persons will be allowed and encouraged to participate
25 without the necessity of intervening as parties. Such
26 participation shall include, but not be limited to:
27
28 A. offering testimony or other material at the public
29 hearing;
30
31 B. questioning any agency official or agent of an
32 applicant who participates in the public hearing; or,
33
34 C. offering testimony or other material within the
35 designated comment period.
36
37 A Offering direct testimony with or without benefit of oath or
38 affirmation and without the necessity of prefiling as required
39 by part 1405.1900.
40
41 B. O offering direct testimony or other material in written
42 form at the public hearing or within the designated comment
43 period following the hearing. However, testimony which is
44 offered without benefit of oath or affirmation, or written
45 testimony which is not subject to cross-examination, shall be1 given such weight as the administrative law judge deems
2 appropriate.
3
4 C. Questioning all persons testifying. Any person who
5 wishes to cross-examine a witness but who does not want to
6 ask questions orally, may submit questions in writing to the
7 administrative law judge, who will then ask the questions of
8 the witness. Questions may be submitted before or during
9 the hearings.
Comments are due by 4:30 p.m. on Wednesday, October 31, 2012. Guess they’re in no hurry here!
From the notice:
Another odd thing from the notice, as this is a PRE-Rulemaking Comment Period: