Legalectric

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!

I saw this today and it’s nauseating.

First there was CapX 2020 transmission (following Arrowhead transmission, which was supposed to be the be-all and end-all of transmission)(and the SW MN 345kV line, precursor to CapX 2020. CapX transmission was based on a forecasted 2.49% increase in demand, which as we know, didn’t happen.

And there was the MISO 17 project MVP Portfolio:

Tomorrow, the Wisconsin Public Service Commission is making its decision regarding the Cardinal-Hickory Creek project, the southern part of #5 above, and the LAST of the MVP projects to go through state administrative approval.

So today, this is in the STrib:

Minnesota utilities will study if the $2B CapX2020 grid improvements were enough

The study beginning in January will look at whether renewable energy goals and other factors will bolster need to build out more improvements on transmission grid. 

By Mike Hughlett Star Tribune AUGUST 19, 2019 — 3:05PM

Photo: DAVID JOLESA utility worker assesses electrical power lines in south Minneapolis.

Minnesota’s largest power companies and several other Upper Midwest utilities will study how their transmission network must be bolstered to meet increasingly aggressive renewable energy goals.

The study is being launched at a time when space on the region’s Midwest’s grid is already tight — even after a $2 billion transmission expansion that was completed just a couple of years ago.

That project, called CapX2020, was the work of Xcel Energy, Great River Energy, Minnesota Power, Otter Tail Power and seven other electricity providers in Minnesota, Wisconsin and the Dakotas. CapX2020 took over seven years to complete and included 800 miles of new high-voltage lines.

Ten of the 11 utilities involved in the earlier project Monday announced the “CapX2050” study, which they are aiming to complete in January. The study “will look at maintaining a safe, reliable and cost-effective electric grid as the system adds more carbon-free energy,” the utilities said in a statement.

CapX2020 was the largest transmission project in the Upper Midwest since the 1970s, and it was aimed partly at freeing up power line capacity for burgeoning renewable energy production.

The U.S. electrical grid was built to serve large centralized power plants, but wind and solar farms are more dispersed, often requiring transmission build outs. Xcel has stated plans to produce 100% carbon-free power by 2050, while other utilities also are planning for significantly more renewables.

Also, Minnesota’s DFL Party has strongly backed raising Minnesota’s overall carbon-free energy goal to 100% by 2050.

The CapX2020 project isn’t enough to meet those long-term needs and the grid is essentially “at capacity,” an energy analyst at the Union of Concerned Scientists told the Star Tribune last year.

Xcel’s latest long-term resource plan, filed this spring, came to a similar conclusion. “Many of these (CapX2020) lines planned in the early 2000s and completed over the recent past are already fully-or-nearly-fully subscribed,” the plan said.

So that said, here’s Xcel Energy’s Integrated Resource Plan’s Appendix on transmission:Xcel IRP – Appendix I – Transmission & Distribution – from 20197-154051-03Download

The schedule for IRP hearings was just released, it’s in October, so there’s time to make time for it:

We know Xcel Energy gets a “handsome” rate of return for transmission capital expenditures (hence “CapX transmission), so of course they want to build more. The IRP is our time to tell them how they should get the electricity they need, whether their plans are making any sense.

How about shutting down some of those coal plants, and freeing up some capacity? How about siting solar on every rooftop, over every parking lot, putting the generation at load so we don’t need transmission? Oh, but wait, that makes too much sense, especially where a utility wants to keep control of the generation, and the expenditures, and rake in the dough.

Time to pay attention to the IRP. URP!

In the inbox today from an activist cohort, a poem by Thomas Lux:

Cucumber Fields Crossed by High Tension Wires

The high-tension spires spike the sky
beneath which boys bend
to pick from prickly vines
the deep-sopped fruit, the rind’s green
a green sunk
in green. They part the plants’ leaves,
reach into the nest,
and pull out mother, father, fat Uncle Phil.
The smaller yellow-green children stay,
for now. The fruit goes
in baskets by the side of the row,
every thirty feet or so. By these bushels
the boys get paid, in cash,
at day’s end, this summer
of the last days of the empire
that will become known as
the past, adios, then,
the ragged-edged beautiful blink.

What surprises me is when someone notices transmission, and in this case, Lux is jarred enough to think and write about it.  It’s such a common part of our landscape that most people don’t notice it… that is, most people don’t notice it until they’re affected, and suddenly wake up to the reality of transmission, criss-crossing our country with its insidious web, noticing that it’s EVERYWHERE!  Once your eyes are opened to transmission, it’s impossible to disregard.

It’s out, the report from U of M Humphrey School of Public Affairs about CapX 2020, headlining it as a “Model for addressing climate change.“

Transmission Planning and CapX 2020: Building Trust to Build Regional Transmission Systems

Oh, please, this is all about coal, and you know it.  This is all about enabling marketing of electricity.  In fact, Xcel’s Tim Carlsbad testified most honestly that CapX 2020 was not for wind!  That’s because electrical energy isn’t ID’d by generation source, as Jimbo Alders also testified, and under FERC, discrimination in generation sources is not allowed, transmission must serve whatever is there.  And the report early on, p. 4, notes:

Both North and South Dakota have strong wind resources and North Dakota also has low-BTU lignite
coal resources that it wants to continue to use. New high-voltage transmission lines are needed to
support the Dakotas’ ability to export electricity to neighboring states.

See also: ICF-Independent Assessment MISO Benefits

Anyway, here it is, and it’s much like Phyllis Reha’s puff piece promoting CapX 2020 years ago while she was on the Public Utilities Commission, that this is the model other states should use:

MN PUC Commissioner Reha’s Feb 15 2006 presentation promoting CapX 2020

So put on your waders and reading glasses and have at it.

Here’s the word on the 2005 Transmission Omnibus Bill from Hell – Chapter 97 – Revisor of Statutes that gave Xcel and Co. just what they wanted, transmission as a revenue stream:

And note how opposition is addressed, countered by an organization that received how much to promote transmission.  This is SO condescending:

… and opposition discounted because it’s so technical, what with load flow studies, energy consumption trends, how could we possibly understand?  We couldn’t possibly understand… nevermind that the decreased demand we warned of, and which demonstrated lack of need, was the reality that we were entering in 2008.

And remember Steve Rakow’s chart of demand, entered at the very end of the Certificate of Need hearing when demand was at issue???  In addition to NO identification of axis values, the trend he promoted, and which was adopted by the ALJ and Commission, has NOT happened, and instead Xcel is adjusting to the “new normal” and whining that the grid is only 55% utilized in its e21 and rate case filings.  Here’s Steve Rakow’s chart:

Reality peak demand trajectory was lower than Rakow’s “slow growth” line, in fact, it’s the opposite from 2007 to present.  Suffice it to say:

.

And the pitch?  Nothing new, just RE-AMP toadying for utilities, but I’m waiting for Howard “The Slow” Learner to prove me right, again… and to see how far they go to promote transmission.

April 20 & 21st is Learner’s/Environmental Law & Policy Center‘s and RE-AMP’s “invitation only” transmission strategy workshop, at their office in Chicago, and I surmise much about their goal and strategy based on my many past experiences with transmission promoters.  This meeting is very unlike the Sierra Club transmission strategy meeting in West Virginia last spring, a great group of people who understand the purpose of transmission, were actively engaged in fighting it and who have been successful in slowing down that big web of 500kV/765kV lines known as Project Mountaineer.   Here in the Midwest, it’s a little different.  An example:

The ELPC has also been working with the South Dakota Energy Infrastructure Authority to develop and expand transmission lines across South Dakota. They will also work with neighboring states to develop new approaches for more transmission. The available wind energy in South Dakota is far greater than the state’s electricity needs, so the ability to move this power out of the state is crucial.

What is ELPC doing to develop and expand transmission?  Transmission lines across South Dakota moving this power out of state means it comes into Minnesota — funny how that works.  What is ELPC doing about the coal plants in queue in the Dakotas?

What is the goal of ELPC’s invitation-only Transmission Strategy Meeting?

Anyway, it was no surprise to me — Learner saw I was on the list and has slammed the door in my face!  Imagine that!  SNORT!  It seems that people with a lot of working knowledge of transmission, knowledge of history, and knowledge of the parties involved are not welcome.  Specifics on this meeting are below.

Don’t drop the ball, Howard!  Will Howard Learner and ELPC be the utilities’ water boy for transmission that’s planned stretching from the Midwest to the East Coast or acknowledge that more big transmission is not needed or wanted?  And why would anyone want to advocate for transmission to the East Coast if the East Coast doesn’t want it?  Will they respect the East Coast’s solid “NO!” to Midwest transmission?  How ethno-geo-centric will they be?

Here are a few posts with links to the primary documents of NYISO & ISO-NE, NY’s Deputy Secretary of Energy, the 10 Mid-Atlantic Governors letter, etc.

DUH… eastern states don’t want our transmission

Offshore transmission, NOT transmission from Midwest

Eastern Governors stand up against Transmission!!!

The windup?  Today’s Chicago Tribune has a disturbing article about transmission, foreshadowing the meeting three weeks from now:

Putting wind generated power where it’s needed

For example, from the article:

In order to integrate and move that alternative power east through Illinois, the grid would have to be expanded and upgraded, say transmission experts and utility companies.

The estimated cost to move that wind power east could range from $64 billion to $93 billion in 2009 dollars and would require 17,000 to 22,000 miles of transmission lines to be built in the eastern half of the country alone, according to the Eastern Wind Integration and Transmission Study (EWITS) published in January and prepared for the National Renewable Energy Laboratory.

Just a reminder, Matt Schuerger who worked on this EWITS (or “nitwits”) study is the same one who, together with Beth Soholt, asked me and several others to sell out on the SW MN 345kV line.  At that time, he was at ME3 (after a stint at District Energy) and is listed as a consultant on Izaak Walton 990s, and Beth Soholt, Izaak Walton League (formerly of MAPP).  FYI – Wind on the Wires is a GRANT, not an organization — it’s listed on the Izaak Walton 990s as a “program” despite having a Minnesota non-profit established (CLICK HERE for Secretary of State link).  From May, 2001 NWCC minutes:

Matt Schuerger is, in 2022, a 2nd term Commissioner at Minnesota PUC (notice his bio doesn’t mention his working for Waltons, ME3/Fresh Energy, and Wind on the Wires!).

2008-Izaak Walton League 990

2007-Izaak Walton League 990

2006-Izaak Walton League 990

2005-Izaak Walton League 990

2004-Izaak Walton League 990

Color me naive, I really didn’t have a clue (other than the enviros’ obscene deal on Prairie Island in 1994) until that meeting in question, it was on or about Sept. 8, 2001, when Beth and Matt asked about 6-7 of us who were likely intervenors in that docket to sell out.   “What would you need to approve of this line?” (the SW MN 345kV line, PUC Docket 01-1958).  I asked what they were getting and what they’d share, and what they were getting was pissy and they got pissier the more questions I asked, particularly Matt, who made empty threats about walking out — DUH, please, leave!  The most important question they didn’t address was, “What about the big long list of coal in queue on p. 29 of the study, waiting for the transmission that they were promoting?”  Defensive pissyness, unwillingness to address the big picture, and silence.  Schuerger and Soholt, they were so B Squad about it that afternoon at the Loring Cafe, Dinkytown, in 2001.  That was the year that “Wind on the Wires” got $4.5 million to promote transmission.  That amount was ramped up for the next grant, and the focus of their deal became clear when one agreement was posted on the TRANSLink docket.  A o coupfle days later, “Wind on the Wires”  got an Energy Foundation/McKnight grant of $8.1 million.  $8.1 MILLION! Hmmmmm…

The Energy Foundation/McKnight funded and orchestrated promotion of transmission has been shameless, as bad as the enviro support for coal gasification, their transmission efforts ranging from attempts to gain endorsement of the regional SEED group (organizations that as a whole knew nothing about transmission) to legislative “it’s a deal, a package deal and it’s a good deal” changes desired by utilities, to NWCC “concensus building” to supportive intervention in transmission dockets.  That agenda continues despite clear evidence that midwest transmission supports coal, our RES that does not link an increase in renewables with a decrease in coal, MISO policy that has a goal of displacing natural gas with coal (see “Conclusions” in ICF – Midwest ISO Benefits Analysis) , and decreased demand and a conservation mandate, such that transmission is not needed now and probably not needed ever.  Whose interests are these organizations acting in?  Their interests, their funders’ interests.  Where’s consideration of the public interest?

What did they agree to back then?  Here’s one example that’s public:

Settlement Agreement – ME3(Fresh Energy), Izaak Walton League, Minnesota Center for Environmental Advocacy, North American Water Office

Take a closer look at “Wind on the Wires” that is a subset of the Izaak Walton League.  Do members and chapters of the Izaak Walton League have a clue what this organization is advocating?  Though there is a Minnesota “non-profit” registered, as above, it remains a “program” on the Izaak Walton League IRS 990s and Beth Soholt is an employee of the Waltons.  From the website, here’s the address, same as the Waltons:

Office Location

Wind on the Wires
1619 Dayton Avenue, Suite 203
St Paul, MN 55104
(651) 644-3400

Their list of  WOW Staff and Consultants:

Beth Soholt
Director, Wind on the Wires

Linda Brewster
Administrative Associate, Wind on the Wires

Matthew Schuerger, P.E.
Technical Consultant

Natalie McIntire
Technical/Policy Consultant

And take a look at who is on the board of “Wind on the Wires”, why the whole family is there:

Board Members
R.T. “Hap” Boyd
GE Energy

Hans Detweiler
American Wind Energy Association

Joe DeVito
RES – Americas

Tom Feiler
Clipper Windpower

Richard Free
John Deere Wind Energy

Bob Gough
Intertribal Council on Utility Policy

Ian Krygowski
enXco

Howard Learner
Environmental Law and Policy Center

Kevin Lynch
IBERDROLA RENEWABLES

Michael Vickerman
RENEW Wisconsin

(And would you look at that, Rick Free?!?!  Too funny — I’ve got to tell Nancy Prehn what Rick Free is up to since we killed his Simon Industries gas plant in Waseca!)

And the pitch:

The ELPC Midwest Transmission Strategy Meeting.  The shameless Energy Foundation funded (and is this also McKnight Foundation funded?)  and orchestrated promotion of transmission continues.  First, on March 5th this appeared in my inbox:

Colleagues –

1.  We appreciate the Energy Foundation’s grant support to cover reasonable travel/hotel costs for individuals and organizations that may need assistance in order to attend this important regional meeting.

2.  Please call/email Kay Tamillow at ELPC (312-795-3709, ktamillow@elpc.org) for information on the favorable hotel rate that ELPC has obtained and to make reservations.

3.  Please RSVP to attend if you’re interested and have not yet done so.

Best wishes,

Howard
———————————

Midwest/Great Plains Environmental, Clean Energy and Consumer Colleagues,

Please join us for a Midwest Transmission Strategy Meeting on April 20 (dinner) and April 21 (full day), 2010 in Chicagoat the Environmental Law & Policy Center’s conference space, 35 East Wacker Drive.  New major interstate transmission lines in the Midwest/Great Plains are a double-edged sword:  On the one hand, they can provide additional needed delivery capacity for wind power and other new renewable energy development; on the other hand, they can provide enabling delivery capacity and lifelines of support for the continued operation of old highly-polluting coal plants.  We will be developing strategies to advance the former and avoid the latter.  We will also address important cost-allocation issues for new transmission.  Please RSVP to Kay Tamillow at ktamillow@elpc.org or 312-795-3709.  More info to follow on hotel, etc.

The purposes of the strategy meeting are to: (1) Bring together Midwest environmental, clean energy and consumer leaders to learn together and get up-to-speed on key transmission strategy and policy issues, (2) Set the strategic framework for what types of transmission lines we will support and which not, and what we can and should do through advocacy; and (3) Initiate strategic discussions and actions on high-leverage transmission advocacy targets in the Midwest/Great Plains states.

The importance of new transmission capacity to support wind power development is relatively clear. There is a less obvious and equally important goal of relating transmission advocacy to spur the retirement of old, highly-polluting coal plants in the Midwest/Great Plains states. There is a very important set of strategic leverage points because of the structure of the Midwest/Great Plains power market in 2010 – 2020.

The framework for the agenda is as follows below. We will distribute a final agenda closer to the meeting date.

April 20th, 5:30 pm. – 8:30 pm:
Dinner Meeting and Briefing with wind industry and transmission line developers presenting.

April 21st, 8:30 am – 4:30 pm:
Morning: Strategy briefing and short course on key transmission issues and opportunities for environmental, clean energy and consumer advocates.

Afternoon: Strategy planning and discussion on: (1) Engagement/intervention in key policymaking forums: FERC, MISO, State PUCs, Public Outreach; and (2) Focus on Pros/Cons and potential challenges to particular transmission line proposals in Midwest/Great Plains region.

The agenda planning group includes:

Citizens Utility Board (Illinois) – David Kolata
Energy Foundation – David Wooley and Ben Paulos
Environmental Law & Policy Center – Howard Learner and John Moore
Fresh Energy – Michael Noble
Kresge Foundation – Lois DeBacker
Michigan Environmental Council – James Clift
Wind on the Wires – Beth Soholt

Please RSVP to Kay Tamillow at ktamillow@elpc.org or 312-795-3709.  More info to follow on hotel, etc. ELPC is working to obtain foundation support to cover reasonable travel costs for individuals and organizations that may need assistance.  Please indicate in your response if you will need reimbursement of reasonable travel costs.

We all understand the strategic importance of this meeting and the issues to be discussed. Thank you in advance for you participation and engagement. Please let me know if you have any questions or suggestions.

Best wishes,

Howard

Howard A. Learner
Executive Director
Environmental Law & Policy Center
35 East Wacker Drive, Suite 1300
Chicago, Illinois 60601
email:  HLearner@elpc.org
phone: (312) 673-6500
Please visit ELPC’s website at www.elpc.org

And of course knowing what they’re up to, I signed right up right after I got it, and Alan did too.   We’re all set!  Then, on the 16th, I get this, from Howard Learner:

Howard Learner wrote:

Carol and Alan,

I’m writing to let you know that the Transmission Strategy Meeting on April 20-21 is a “by invitation only” strategy session among a group of directly invited environmental – clean energy – consumer colleagues, rather than an open conference or seminar event.  Members of the planning group for this particular strategy session have asked that we limit attendees to those directly invited.  Although my assistant Kay Tamillow did receive your RSVP, we’ll ask that you not plan to attend.

Thank you for understanding,

Howard

Howard A. Learner
Executive Director
Environmental Law & Policy Center
35 East Wacker Drive, Suite 1300
Chicago, Illinois 60601
email: HLearner@elpc.org
phone: (312) 673-6500
Please visit ELPC’s website at www.elpc.org

So here’s my response to Howard’s email:

Howard –

Interesting — I  think I understand some things and don’t understand others. I do know that I am thinking that the “plan” is getting more and more interesting…

The Sierra Club had an excellent transmission strategy planning meeting in West Virginia last spring of those intervening in transmission dockets, attorneys, expert witnesses, and advocates from both coasts regarding their focused and effective efforts. I think I shall regard your missive as confirmation that your strategic plan and goal is quite different from that of Sierra.

But many questions remain…

Carol A. Overland
Attorney representing clients in transmission cases across the country for 15 years now

We’ll see how this goes!