oahofficestassen-building

OAH Rulemaking Request for Comments

OAH Rulemaking Draft Changes

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

P.O. Box 64620

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:

  1. streamline hearing procedures across different types of administrative proceedings;
  2. leverage the broader familiarity with contested case procedures to improve predictability in the hearing process for other types of cases;
  3. 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
  4. 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:

Overland – Petition for Rulemaking – OAH

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 the

1    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:

7829.0900 PARTICIPANT.

A person may file comments in a proceeding before the commission without requesting or obtaining party status. A participant may also be granted an opportunity for oral presentations.

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 be

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:

Written comments, questions, requests to receive a draft of the rules, and requests for more information on these possible rules should be directed to: Honorable Eric L. Lipman, Assistant Chief Administrative Law Judge, P.O. Box 64620, St. Paul, Minnesota, 55164-0620, Telephone: (651) 361-7900, Facsimile: (651) 361-7936, Electronic Mail: eric.lipman@state.mn.us; TTD users may call the OAH at (651) 361-7878.

Another odd thing from the notice, as this is a PRE-Rulemaking Comment Period:

NOTE: Comments received in response to this notice will not necessarily be
included in the formal rulemaking record if and when a proceeding to adopt rules is
started. The agency is required to submit for review only those written comments received in response to the rules after they are formally proposed. If you submitted comments during the development of the rules, and you want to ensure that those same comments are part of the later review, you should resubmit the comments after the rules are formally proposed.

Mark 10:00 a.m. on December 28, 2010 on your calendar!

Notice – 2010 Power Plant Siting Act Annual Hearing

Notice – Additional Information – 2010 Annual Power Plant Annual Siting Act Hearing

10:00 a.m.  Tuesday, December 28, 2010

PUC Large Hearing Room – 3rd Floor

121 – 7th Place E.

St. Paul, MN  55101

It happens once a year, the Annual Power Plant Siting Act Hearing, which is our opportunity to tell them a thing or two, specifically what works and does not work about the Power Plant Siting Act.  If you’re affected by CapX 2020 transmission or other utility infrastructure, you sure know what DOESN’T work!!!  This is the time to let them know in technicolor, and to put together your legislative agenda for the coming session.

What’s new here is that they’re holding it before Eric Lipman, Administrative Law Judge, and are soliciting comments on specific questions:

l. In Chapter 216E, the Legislature directs the Commission to locate large electric power
facilities so that any siting is orderly, efficient and compatible with environmental
preservation. How well do the Commission’s procedures and practices meet these
mandates?

2. How well do the regulations found in Minnesota Rules Part 7850 meet the mandates of
Chapter 2l6E? Which rules, if any, should the Commission consider revising?

3. How well do the regulations found in Minnesota Rules Part 1405 meet the mandates of
Chapter 216E? Which rules, if any, should the Commission consider revising?
Comments are invited through presentation of oral or written statements.

Written statements may also be submitted to Judge Lipman by the close of business on February 1,2011 .  I’ll post the email address they’re using for this after the hearing or if I get it sooner.

We’ve been doing this for a while, here are the notes and reports to EQB/PUC — where there are no “Summary” notes, there were none online.  I’ve also noticed that the exhibits that the Reports say are attached are not, and yet if I go back to the docket, they are attached there (see 2007, taken from PUC eDockets, not Commerce site, which is missing the exhibits). To look at the full PUC eDocket for a particular year, look below for docket numbers, and then go to www.puc.state.mn.us and click “Search eDockets” and plug in the docket number.

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

Here’s the law that’s the basis for it:

216E.07 ANNUAL HEARING.

The commission 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. The commission shall provide at least ten days but no more than 45 days’ notice of the annual meeting by mailing or serving electronically, as provided in section 216.17, a notice to those persons who have requested notice and by publication in the EQB Monitor and the commission’s weekly calendar.

History:  1973 c 591 s 8; 1975 c 271 s 6; 1977 c 439 s 11; 1980 c 615 s 60; 1982 c 424 s 130; 1984 c 640 s 32; 2001 c 212 art 7 s 17; 2005 c 97 art 3 s 9; 2007 c 10 s 12