Legalectric

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:

Can it be?!?! The rulemaking based on the 2005 statutory changes was published in the state register today. TODAY… 2005… SIXTEEN YEARS, and NINE YEARS since this 12-1246 docket was opened. Comments are due by November 17, more on that below.

The Public Utilities Commission did one hell of a job delaying until BILLIONS of CapX 2020, a/k/a CapX 2050 and Grid North Partners and MTEP MVP projects were rammed through. Public interest anyone? Naaaaaaah…

Here it is — First the Notice (60 page service list!), then Statement of Need and Reasonableness (SONAR) and then the proposed rules (yeah, 120+ pages):

Comments are due November 17th:

Here’s the catch — they are planning on putting these through without a hearing before an Administrative Law Judge, UNLESS there are at least 25 requests for a hearing — I think that can be arranged. Here are the details, note that they must be “valid” requests, which means explain in short what you want differently in the rules:

ONWARD! SIXTEEN YEARS… UNREAL!

It’s out, the Administrative Law Judge’s report on this year’s Power Plant Siting Act Annual Hearing. The hearing this year was particularly frustrating, horrible turnout, and I’ve got a part in that, because I didn’t spend the massive amounts of time getting notice out to people, drumming up interest, so there is that…

Here’s the Report:

Here are a couple of documents to check out that I included with a written comment: