PPSA Annual Hearing – December 22
November 20th, 2017
Ah, yes, it’s that time of year again… remember this map, way back when, connecting existing coal plants to the proposed CapX 2020 system? (note the Mid-American coal plant built in 2007 over by Council Bluffs isn’t there, it’s at the green lines on the southwest side where transmission starts.)
It’s the Power Plant Siting Act Annual Hearing!
Here’s the full notice:
2017_Docket 17-18_Notice_201711-137509-01
And going back in history:
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
Here’s the summary of what I had to say last year, from the report above:
Does this sound familiar?
Meanwhile, we’re still waiting on the rulemaking, 12-1246, which addresses PPSA siting rules, Minn. R. Ch. 7850. To see rulemaking docket, which ostensibly is to address the changes in the 2005 Transmission Omnibus Bill from Hell, go HERE and look up rulemaking docket 12-1246.
I expect this rulemaking to reach the Public Utilities Commission before I drop dead. But I’m starting to wonder. The “12” in “12-1246” means the docket was opened in 2012. This is 2017, almost 2018. Good grief!
Freeborn Wind Orders and a Petition for Intervention filed
September 8th, 2017
Slowly, the siting process for Freeborn Wind is moving. The Commission issued its order referring the application to Office of Administrative Hearings for a contested case, that’s a first for a wind project in Minnesota!
And LauraSue Schlatter, the Administrative Law Judge, has issued the Order for the Prehearing Conference, and a directive to the Applicants to share a proposed schedule, which they have done:
The Erratta Order issued is particularly important because it specifies that the rules that this process will go forward under is Minn. R. Ch. 1405:
Minn. R. Ch. 1405 contains the rules for siting under the Power Plant Siting Act (and wind siting chapter, Minn. Stat. Ch. 216F, is NOT under the PPSA, which is Minn. Stat. Ch. 216E), and not the OAH more general administrative procedure rules, Minn. R. Ch. 1400. Note there’s no mention of Minn. R. Ch. 7854, about which I’ve filed how many Petitions for Rulemaking because these rules are so deficient and inadequate? This is seriously inside baseball — it’s a major change, major admission, and what are the implications? I’ve wanted wind siting to be moved over to the Power Plant Siting Act forever… it was improperly separated out of 116C, without any directive or authorization, when PPSA became Minn. Stat. Ch. 216E. There’s homework to do.
Here we go…
Rulemaking Initial Comments – Minn. R. Ch. 7849 and 7850
May 12th, 2017
The Minnesota Public Utilities Commission rulemaking for Minn. R. Ch. 7849, Certificate of Need, and 7850, Routing and Siting, is slowly moving forward. Here are the final drafts up for review before they go to the Commission for a rubber stamp and release for general comment:
Final initial comments on drafts were due on Monday and here they are, in alphabetical order:
20175-131687-01_Goodhue Wind Truth – Marie McNamara
20175-131650-01-1_Great River Energy
20175-131683_ITC Comments and Attachments
20175-131686-01_NoCapX – U-CAN – NRG & GWT
Reply comments are due by 4:30 p.m. on May 31, 2017. eFiling is preferred! If you need to register to eFile, GO HERE! It’s easy, quick, and makes filing a breeze. Get to work — there’s a lot here to comment on!
2016 PPSA Annual Hearing
December 23rd, 2016
Tuesday was the Annual Hearing for the Power Plant Siting Act. I’ve been fighting off this sickness that Alan’s had for a week now, and not quite feeling right, more like life inside a pillow, everything’s rather dampened. But I slogged out into the world, and raised a few of the recurring points, issues with the Power Plant Siting Act, particularly public participation issues common not just to the Power Plant Siting Act (Minn. Stat. Ch. 216E ), but also to wind siting dockets under Minn. St. Ch. 216F, and pipeline routing dockets under Minn. St. Ch. 216G.
Here’s how to submit comments, deadline January 20, 2017:
Until this year, the Power Plant Siting Act Annual Hearing has included a review, rundown, listing, of all the projects approved by the Commission, including wind and pipelines, and this was anticipated at this hearing per the notice:
The full Notice:
HOWEVER… that report, “Projects Reviewed” section D, “Electric Facilities Not Subject to Power Plant Siting Act, did not occur. I’d guess in large part it was due to the many issues raised by those intervening and participating, or attempting to participate, in wind siting dockets who have appeared at PPSA Annual Hearings over the years. And I’m sure they did not want input from those participating and intervening in pipeline dockets, we’ve seen how Enbridge cancelled their “public informational meetings” up north after having to face the public and their legitimate issues the day before in Bemidji. Alan Mitchell, formerly EQB PPSA staff, and now working for Enbridge, was there, so this was on Enbridge’s radar, but of course, that Alan didn’t have any comments for the record (I do wish I remembered more about the pipeline rules rewrite that he worked on during his time at the EQB, I think somewhere around 2002-2004?).
The ALJ is to write a summary of the Comments, both at the meeting, and those filed afterwards, and then? What happens? Experience says “not much.” PUC staff responded to the “What happens” question saying that things that don’t require statutory changes or rulemaking, that those are things they want to impliment, to change, to improve, and to the extend that we can, we implement. So he said. When the report comes from the ALJ, they review it, they’ll have the transcript from this meeting, and will go over it.
There was a pretty crowded room, better attendance than for the last couple of years, with two new members of the public speaking up. John Munter, who has been very active in opposition to the Sandpiper and now the Line 3 “replacement” pipeline issues, spoke about the difficulties of participating in the dockets, the difficult to untangle web of “need” and “route” dockets, and of the many pipeline projects ongoing. Tina Carey spoke of the issues she and her neighborhood encountered during construction of the massive “largest in Minnesota” solar project that went up across the street, and that the complaint process was insufficient and ineffective, and the neighborhood’s complaints were disregarded. Cynthia Warzecha, of the DNR, gave a solid synopsis of DNR activities in PPSA dockets, and I’ll note that the DNR and DOT have really gotten into the groove of reviewing projects and providing material and substantive comments for consideration, in the EIS and in the route or siting docket (and also in environmental review in Certificate of Need dockets). Kristen Eide-Tollefson spoke as an individual with a 20 year history as a participant in routing and siting dockets, and noted for the record this legislative prelude to the transfer of environmental review from the EQB to the Dept. of Commerce:
2005 Session — Chapter 97, Article 3, lays out the purpose for transfer from EQB to PUC and DOC, of responsibilities for Siting, Routing and Environmental Review.Environmental Review. Sec. 17. To ensure greater public participation in energy infrastructure approval proceedings and to better integrate and align state energy and environmental policy goals with economic decisions involving large energy infrastructure, all responsibilities, as defined in Minnesota Statutes, section 15.039, subdivision 1, held by the Environmental Quality Board relating to power plant siting and routing under Minnesota Statutes, sections 116C.51 to 116C.69; wind energy conversion systems under Minnesota Statutes, sections 116C.691 to 116C.697; pipelines under Minnesota Statutes, chapter 116I; and rules associated with those sections are transferred to the Public Utilities Commission under Minnesota Statutes, section 15.039, except that the responsibilities of the Environmental Quality Board under Minnesota Statutes, section 116C.83, subdivision 6, and Minnesota Rules, parts 4400.1700, 4400.2750, and 4410.7010 to 4410.7070, are transferred to the commissioner of the Department of Commerce. The power plant siting staff of the Environmental Quality Board are transferred to the Department of Commerce. The department’s budget shall be adjusted to reflect the transfer.
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 Comments– Docket 14-887
2015 Summary Report – Docket 15-785
NOTICE – Annual Hearing – Power Plant Siting Act
December 5th, 2016
Here we go again, the Annual Hearing for the Power Plant Siting Act.
The full Notice:
Now’s the time to dig back into the cobwebs of memory of all the dockets over the last year, and the last 20+ years, and let them know how the Power Plant Siting Act is working, and more importantly, how it’s not working.
Comments are open until January 20, 2017. To file in eDockets (highly recommended), go here, and log in. If you don’t have an account, register (it’s simple, and fast) and then file in docket 16-18.
Note something different, this year they’re going to go over pipeline projects:
Recently, I’ve been involved in a project working toward increased meaningful and effective public participation in a pipeline docket, and what’s going through my head as I attend meetings, conference calls, and read very long intense emails, is that this is exactly what we’ve been talking about at these Power Plant Siting Act hearings for TWENTY YEARS! This is exactly what we’ve been working to deal with in the Certificate of Need Minn. Ch. 7849 rulemaking for THREE YEARS! These are exactly the same issues I’ve been raising in docket after docket, gaining a remand in one, some “adjustments” in others, and even to the appellate court a couple of times — MCEA had more success in this (see the EIS decision here). And so little changes.
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 Comments– Docket 14-887
OK, folks, time to saddle up for another cattle drive! Let’s get to it!
And on December 20… sigh…