Tuesday 12/1 – PPSA Annual Hearing
November 29th, 2015
Here we go again, this year’s Power Plant Siting Act Annual Hearing.
Public Utilities Commission (PUC) Docket Number: E999/M-15-785
Office of Administrative Hearings (OAH) Docket Number: 60-2500-32901
Date: Tuesday, December 1, 2015
Time: 9:30 a.m.
Location: Minnesota Public Utilities Commission, Large Hearing Room, 121 7th Place East, Suite 350, Saint Paul, MN 55101
Bad weather? Find out if a meeting is canceled. Call (toll-free) 1-855-731-6208 or 651-201-2213 or visit mn.gov/puc
Here are some prior dockets (to access the entire docket, individual comments, etc., go to :
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
Rulemaking Ch. 7829 at PUC tomorrow
November 18th, 2015
Tomorrow, the Chapter 7829 Rulemaking is going to the Commission, for approval of the FINAL rules. This rulemaking has been going on formally for over two years now in Docket 13-24 (go to NEW SEARCH and search for this docket).
Overland 7829 Comment Nov 18 2015
And some history… I’ve been concerned about this chapter for a long while, and submitted a Petition for Rulemaking over FOUR YEARS ago. Apparently that was filed in the trash:
And prior posts:
Ch. 7829 Rulemaking Comments July 20th, 2015
Stealth rulemaking — PUC’s Minn. R. Ch. 7829 July 10th, 2014
PUC’s Stealth 7829 Rulemaking Docket June 4th, 2013
PUC requests Comments on 7829 rules August 8th, 2013
Minn. R. 7829 marches on… September 9th, 2013
NOTICE – PPSA ANNUAL HEARING 12/1
November 9th, 2015
Notice of the Power Plant Siting and Transmission Line Routing Program Annual Hearing
Issued: November 6, 2015
In the Matter of the 2015 Power Plant Siting Act Annual Hearing
Public Utilities Commission (PUC) Docket Number: E999/M-15-785
Office of Administrative Hearings (OAH) Docket Number: 60-2500-32901
Date: Tuesday, December 1, 2015
Time: 9:30 a.m.
Location: Minnesota Public Utilities Commission, Large Hearing Room, 121 7th Place East, Suite 350, Saint Paul, MN 55101
Bad weather? Find out if a meeting is canceled. Call (toll-free) 1-855-731-6208 or 651-201-2213 or visit mn.gov/puc
Hearing Description
The annual hearing is required by Minnesota Statute § 216E.07, which provides that:
Thecommission shall hold an annual public hearing at a time and place prescribed by rule in order to afford interested persons an opportunity to be heard regarding any matters relating to the siting of large electric generating power plants and routing of high-voltage transmission lines. At the meeting, the commission shall advise the public of the permits issued by the commission in the past year….
Note – No decisions about specific projects are made at the annual hearing.
Public Hearing Information
- Public hearings start on time.
- Arrive a few minutes early so you have time to sign in, pick up materials, and find a seat.
- Administrative Law Judge James LaFave will preside over the hearing.
- Public Utilities Commission and Department of Commerce staff members are available to answer questions about the Power Plant Siting Act processes and the projects.
- You may add verbal comments, written comments, or both into the record.
- Learn more about participating at a public hearing at http://mn.gov/puc/resources/meetings-and-hearings.jsp
- Judge LaFave will use information gathered at the public hearing and during the comment period to write a summary report for the Commission
Submit Comments
Topics for Public Comment:
- Any matters related to the site permit process for large electric generating power plants and routing of high-voltage transmission lines.
Comment Period: November 6, 2015 through January 5, 2016 at 4:30pm.
- Comments must be received by 4:30pm on the close date
- Comments received after comment period closes may not be considered
Online Visit mn.gov/puc, select Speak Up!, find this docket (15-785), and add your comments to the discussion.
If you wish to include an exhibit, map or other attachment, please send your comments via eFiling (see below) or U.S. Mail.
Please include the Commission’s docket number in all communications.
Filing Requirements: Utilities and state agencies are required to file documents using the Commission’s electronic filing system (eFiling). All parties, participants and interested persons are encouraged to use eFiling: mn.gov/puc, select eFiling, and follow the prompts.
Important Comments will be made available to the public via the Public Utilities Commission’s website, except in limited circumstances consistent with the Minnesota Government Data Practices Act. The Commission does not edit or delete personal identifying information from submissions.
Hearing Agenda
I. Introductions
II.Overview of Programs
A. Public Utilities Commission – Facilities Permitting and Public Advisor
B. Department of Commerce – Energy Facilities Permitting Unit
C. Role of Other Agencies
III. Projects Reviewed
A. Projects Permitted in 2015
B. Pending and Anticipated Projects
C. Electric Facilities Subject to Power Plant Siting Act
1. Generating Plants
2. Transmission Lines
IV. Public Questions and Testimony
V. Adjourn
How to Learn More
Subscribe to the Docket: Subscribe to receive email notifications when new documents are filed. Note – subscribing may result in a large number of emails.
- mn.gov/puc
- Select Subscribe to a Docket
- Type your email address
- For Type of Subscription, select Docket Number
- For Docket Number, select 15 in the first box, type 785 in the second box
- Select Add to List
- Select Save
Full Case Record: See all documents filed in this docket via the Commission’s website – mn.gov/puc, select Search eDockets, enter the year (15) and the docket number (785), select Search.
Project Mailing Lists: Sign up to receive notices and opportunities to participate in other dockets relating to specific projects in which you are interested (meetings, comment periods, etc.). Contact docketing.puc@state.mn.us or 651-201-2234 with the docket number, your name, mailing address and email address.
Minnesota Statutes and Rules: The hearing is being conducted according to Minnesota Statute 216E.07. Minnesota Statutes are available at www.revisor.mn.gov.
Project Contacts
Public Utilities Commission Public Advisor
Tracy Smetana – consumer.puc@state.mn.us, 651-296-0406 or 1-800-657-3782
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.
PUC CoN & Siting/Routing FINAL Rulemaking meeting
September 17th, 2014
It’s final… that is, the FINAL meeting notice was just issued, one more go round on these draft rules for Certificate of Need (Minn. R. Ch. 7849) and Power Plant Siting Act (siting and routing of utility infrastructure) (Minn. R. Ch. 7850).
We’ve been at this for about a year and a half, maybe more, and to some extent we’re going round and round and round.
Here are the September 2014 drafts, hot off the press:
Send your comments, meaning SPECIFIC comments, not “THIS SUCKS” but comments on the order of “because of _______, proposed language for 7950.xxxx should be amended to say_______.” It’s a bit of work, but it’s important, for instance, the Advisory Task Force parts are important because we were just before the PUC on this last week, trying to reinforce that Task Force’s are necessary, despite Commerce efforts to eliminate and/or neuter them. That despite ALJ orders otherwise, the Final EIS should be in the record BEFORE the Public Hearings and Evidentiary Hearings (just lost a Motion to require this last month).
How can you comment? The best way is to fire off an email to the Commission’s staff person leading this group:
kate.kahlert@state.mn.us
If you’re up to it, sign up on the PUC’s eDockets, and file your Comment in Docket 12-1246. If you’d like your comment filed there, and can’t figure it out, please send it to me and I’ll file it for you. It’s important that these comments be made in a way that the Commission will SEE, in a way that they cannot ignore, when this comes up before them.