An hour in utility futility! The Power Plant Siting Act annual hearing is over. Comment period? Here’s how:

The most important thing I see is that as of this legislative session, THE POWER PLANT SITING ACT NO LONGER EXISTS! Minn. Stat. Ch. 216E was the Power Plant Siting Act:

But now? It’s all been repealed and renumbered, and RENAMED under a different chapter:

And permitting statutes were repealed, amended, and then renumbered and sent over to a new “Chapter 216I.” Click that link to check it out.

What does it mean for siting and permitting if the Power Plant Siting Act is repealed? Kinda don’t want to think about it.

It’s the most wonderful time of the year!

The Power Plant Siting Act annual hearing, a la Minn. Stat. 216I.15, is the time to let the Public Utilities Commission know what works and what does not work in the Commission’s siting of power plants, transmission, wind, solar, and even pipelines!

Here’s the problem — all they have to do per the statute is “advise the public of the permits issued by the commission in the past year.” What happens after that, well, it goes to the PUC but that’s about it. It is a good time to vent, and get on the record all the horrible things that have happened over the year, and the historical trends, such as elimination of the Advisory Task Force.

Here’s the decades old law providing for Advisory Task Forces:

And this session, after the Public Utilities Commission and their OAH ALJs were denying, denying, denying after so many Advisory Task Force Petitions over so many years — simply repealed, eliminated:

It’s GONE! And eliminating the reference of Task Forces as an aspect of public participation:

Ja, we “Public Participants” get the PUC’s message loud and clear:

Public participation via the Public Utilities Commission? Remember the Report of the Office of the Legislative Auditor?

Public Utilities Commission’s Public Participation Processes – OLA-Report

Fat lot of good that did. Instead of improving public participation, we hear the Commission Chair saying, “What can we do to make this faster for you?” and “What can we do to speed this permitting up?” and that whole “streamlining” effort, which is really STEAMROLLING. Fast tracking permitting, denial of interventions, failure to have project proponents witnesses at hearings for questioning…

PUC Strategic Plan

Here are the reports from the last 20 years — often they hold it on my birthday, but not this year. You can see that year after year, it’s the same issues:

2000 Summary of Proceedings

2000 Report EQB

2001 Summary of Proceedings

2001 Report EQB

2002 Summary of Proceedings

2002 Report to EQB

2003 Summary of Proceedings

2003 Report to EQB

2004 Summary of Proceedings

2004 Report to EQB

2005 Report to PUC

2006 Report to PUC – Docket 06-1733

2007 Report to PUC – Docket 07-1579

2008 Report to PUC – Docket 08-1426

2009 Report to PUC – Docket 09-1351

2010 Report to PUC – Docket 10-222

2011 Report to PUC – Docket 11-324

2012 Report to PUC – Docket 12-360

2013 Report to PUC – Docket 13-965

2014 Summary Report– Docket 14-887

2015 Summary Report – Docket 15-785

2016 Summary Report – Docket 16-18

2017 Summary Report – Docket 17-18

2018 Summary Report – Docket 18-18

2019 Summary Report_Docket 19-18

Summary Report – Docket 20-18

2021 Summary Report – Docket 21-18

2022-Summary-Report_Docket 22-18

And last year’s Report from the 2023 hearing, held on December 20, 2023:

There’s a trend… And here we go, on Tuesday, another year of banging heads against the wall.

BE THERE OR BE SQUARE!

9:30 a.m. Wednesday November 9, 2022

3rd Floor Large Meeting Room

Public Utilities Commission

121 – 7th Place East, St. Paul

Just got notice of the Minnesota Public Utilities Commission‘s Power Plant Siting Act annual hearing:

This happens every year, and it’s important to spread the word around. One change that is very good is that the Commission is doing a good job of serving notice of the hearing — there are ~ 128 pages of recipients of this notice! GOOD! Love the interwebs, makes it so easy to let people know what’s happening.

The “Power Plant” aspect is very broad, this includes not just “power plants,” but transmission lines, wind projects, and solar too. This is the opportunity to tell the Public Utilities Commission, and the state generally, what works and what doesn’t work about the procedures for siting electric utility infrastructure, ideally based on your experience.

One positive aspect of COVID is that hearings are now held in “hybrid” format, both in person and online via Webex:

It is best if using Webex (http://mn.gov/puc/about-us/calendar/ and click on “November 9, 2022” to get to “webcast”) to have video on your computer and to use the phone for audio, whether listening or making comments — that’s the best way to avoid feedback (using headphones helps too). The webcast link usually goes live 10 minutes or so before the hearing starts.

What to comment about? If you’ve had experience with a Public Utilities Commission siting docket, if there were issues that made it difficult to participate, things needing clarification, rules and/or procedures that need changing, this is a way to bring it to the Commission’s attention. Over the 27 years that I’ve been dealing with utility siting issues, oh, the horror stories I can and do tell. The system needs work, and siting infrastructure is a constantly evolving process, sometimes very good changes are made, and sometimes, no matter how much we petition (formally and informally), challenge, cajole, demand, they just won’t take responsibility, won’t do their jobs, and won’t even promulgate necessary rules.

A main point of holding this hearing, as above, is hearing from “the public.”

In addition to the public participation issues exposed in this report (about which not much, not enough, has been done), a few things that I’ll be bringing up, orally or in writing:

• The Office of Legislative Auditor investigated the Public Utilities Commission‘s practices, and this report had recommendations, most of which have not been addressed:

OLA-Report_PUC Public Participation 2020

• The Public Utilities Commission has not, in the decades I’ve been participating in the PPSA Annual Hearing, EVER brought up the PPSA for discussion and ACTION on issues raised.

• Wind siting “guidelines” were adopted via Commerce-EERA without public notice or opportunity for input: Large Wind Application Guide.2

• Notice has not been provided to landowners on transmission line routes where “alternate” routes are proposed, and sometimes landowners have not discovered their land may be affected until the public hearing, very late in the process.

• Power Plant Siting Act rule revisions, due after the 2005 Power Plant Siting Act legislative changes, have not been promulgated, despite a years long process, NINE YEARS, many committee meetings, and a lot of work by a lot of people. The Public Utilities Commission just dropped it… no action… sigh… Minn. R. ch 7849 & 7850 Rulemaking? DEAD!

• Despite 2 rulemaking petitions to the Public Utilities Commission, there are no wind siting rules! The Commission refuses to promulgate wind siting rules, instead using Small Wind Standards:

There’s no end to the issues to raise.

In addition to the public hearing, comments may be submitted in writing:

Get to it! Register your experience with the Public Utilities Commission, and let them know what needs work.

And AGAIN! It’s the Power Plant Siting Act Annual Hearing! You can attend in person, MASKED, or via webex or phone. Primary documents are posted below.

December 20, 2021 @ 9:30

PUC Large Meeting Room

121 – 7th Place East – 3rd Floor

St. Paul, MN

Comments? BE SURE TO NOTE DOCKET NUMBER FOR COMMENTS:

PUC Docket E999/PR-21-18 & OAH Docket 65-2500-37832

Written comments will be accepted through January 10, 2022, by 4:30 p.m.

Note notice only to those “who have requested notice” above? Nope, notice should be to all who are on service and project lists for projects active in the calendar year. Thankfully EERA does give notice to a lot more than just those “who have requested notice” (see “Notice & Service Lists” link posted above).

From the EQB Monitor:

Here are the projects EERA’s Summary says were approved — note that for wind it does NOT list applicable parts of 216E, such as Minn. Stat. 216E.03, Subd. 7!

Meanwhile, the update of rules for PPSA siting, Minn. R. ch. 7850, is stalled out again, WITHDRAWN by the PUC last Thursday, supposedly based on many comments made over the last few weeks by a bunch of people and orgs who were utterly absent through the NINE YEARS of this rulemaking proceeding. My grits are FRIED! The PUC Agenda Item starts at the very end of the meeting, and note the bogus statements about the “why” of this rulemaking. Let’s be clear here — it’s due to the 2005 legislative changes, SIXTEEN YEARS AGO. See PUC Docket R-12-1246. Good grief… Discussion starts at 2:48:28: