Legalectric

Today were two Prehearing Conferences regarding my Gary Iocco – Gary Iocco for Red Wing Mayor Complaint #2 and Gary Iocco – Gary Iocco for Red Wing Mayor Complaint #3. Complaint #2 is a continuation of #1, which was about the big sign on the roof along Hwy, 61 in Red Wing. Complaint #1 against Iocco was dismissed without prejudice, and he’s yet to be held accountable:

Gary Iocco – Gary Iocco for Red Wing Mayor – Complaint #2

Complaint #3 is about, after having it quickly taken down, put back up on a truck-trailer at one of the busiest intersections in downtown Red Wing!

Gary Iocco – Gary Iocco for Red Wing Mayor – Complaint #3

The hearings today were both Prehearing Conferences — color me confused, I thought they were to be Probable Cause hearings, but hey, I got the phone conference codes RIGHT!!!

The schedule is pretty simple, same for both:

• Discovery Deadline – Friday, January 31
• Subpoena Deadline – Monday, February 10
• Filing Witness & Exhibit List, and Exhibits February 17
• EVIDENTIARY HEARING
  • 10:00 am Monday, February 24 #2
  • 1:30 pm Monday, February 24 #3

I got the initial Discovery out just now for Complaint #2 – pages 3 & 4 is the fun stuff:

Who cares about the Minnesota Public Utilities Commission’s eDockets system? We all should care! It’s the best way to keep up with what’s going on in the docket, what others are filing, what issues are being raised, what’s the status, and to track all NOTICES, which will tell you of hearings, comment windows, orders, and pay particular attention to those from PUC, OAH (Office of Administrative Hearings), and EERA and DER (Commerce). Also look for comments from individuals and note their concerns.

How to get to eDockets? First go to the PUC’s Main Page (see above) at https://mn.gov/puc then click “eDockets” and you get this and click “eDockets” again:

Then you’ll get to this screen:

At “Docket number -Select” scroll to “22” (the year) and at “Number” enter “131” for Certificate of Need, or “132” for Route docket (and for other dockets, same routine, enter the year and docket number, and there you are!). And for sure look at both. Then click “Search.” (when there are multiple dockets, as with the MN Energy CON, be sure to check both dockets, one at a time). This works for any docket, like the 800MW RFP docket, E002/CN-23-212, plug in year “23” and Number “212” and there you go! Spend some time playing with it to get acquainted, it’ll become second nature soon.

When you get to the docket, as below, click on the far left link in a row to get that filing in that row. Do it a few times, and it’ll be quick and easy! If in active for a while, it will boot you out and you get to start over.

Also, “subscribing” is important to keep up to date on what’s being filed. When there are multiple dockets, be sure to subscribe to both!

To subscribe, when you get to the docket, note the column for Subscription and boxes, as in lower right here:

Click one of the boxes in that subscribe column, any one (above on lower left), and then click the link above “Subscribe” and you’ll go to this screen:

Enter your email address, and for “Type of Subscription” enter “docket” and then you’ll have to enter the docket(s), and then “Add to List.” You’ll get a confirmation email, click and confirm, and there you are!!

When you get emails about the docket, it will have the docket number, and as they come in, pay particular attention to Notices, as there will be dates that are important, meeting/hearing dates, deadlines for comment, etc.

Now, get to it. LOTS of reading, and as you go, you’ll get familiar with it and the process. IT WILL GET EASIER!!

Now for the fun part — FILING IN eDOCKETS! Why file in eDockets? When you file in eDockets, you know what you’ve submitted has been received and is part of the record, and so others can know what your concerns are — it’s SO important to know you’re not alone in this!

To file, first you have to register. In that first eDockets screen go to upper left corner:

Where it says “eFiling”, register by clicking on “Request Registration.” You’ll get this screen:

Fill it all out, click for electronic service — Do not get into paper in these dockets, it is a royal pain, and sending out paper copies to everyone is EXPENSIVE. Click “Submit” and you’ll get confirmation email, confirm, and you’re all set.

To eFile after you’ve registered, click “eFiling Home/Log In” and follow the directions.

WHEN THERE ARE MULTIPLE DOCKETS, BE SURE TO FILE IN BOTH! For the MN ENergy Connection, be sure to write “route” comments with those on-the-ground issues you know best because you’re right there, and also be sure to write comments on “need” because that’s the overarching issue — if the Commission determines it is not needed, it won’t be built — and if it IS deemed needed, it’s a matter of where, and routing is an ugly mess and can devolve into a “STICK IT THERE” struggle. Always address the (lack of) need issues, as that’s the only real way to stop a project.

If you need help on eFiling, contact the Commission’s Public Advisor Charley Bruce — charley.bruce@state.mn.us

Once you take the time to sign up, and get familiar with it, you’ll see how easy it is to keep up with what’s going on, and how easy it is to eFile — and last minute!! So easy, I’d be lost but for eDockets and eFiling, you have no idea how awful it was to make paper copies of all filings, and mail them to everyone, whew, it was beyond difficult, and so expensive. Now, it’s a “work from home” easy-peasy process, the best ever change in PUC process, and pretty much everywhere across the country, in administrative proceedings like this, and in most every court system too. Participating, practice, was so much harder before.

I know I’ve been preoccupied, struggling to keep up and not doing a very good job of it, but how did I not know that the Prairie Island Nuclear Generating Plant was shut down for the winter and the river has completely frozen over?? Granted this is proof positive that we don’t “NEED” this generation, but what does it mean for the river and those dependent on that open water? Fish, eagles, other wildlife??? Maybe the plant closure is why the 2024 nuclear notice came out late (no calendar)?

That’s from MPR on November 22, 2023 about this shutdown on October 19, 2023, over a month later:

Electrical trouble shuts down Prairie Island reactor

Odd, it took the STrib that long too, November 22, 2023. Guess Xcel belatedly sent out a press release?

Xcel’s Prairie Island nuclear plant will be out of commission until January

So something between generator and substation? Something similar may have happened to Unit 2 last May:

Nuclear reactor at Xcel’s Prairie Island plant remains offline after ‘unusual event’ reported Saturday

Turned out it wasn’t “just” a transformer — there was a problem with the “main feed water pump” that had to be fixed too: “The licensee determined that the fire alarms were caused by the electrical transient which occurred due to the fault on the Unit 2 main transformer” and then:

From NRC reports:

And here’s the Notification:

More info needed. It’s a cold winter Sunday, good for googling.

And after I saw the PurpleAir report, and looked again today, the horrible air has moved south, and we’re likely in yellow or even green today. Whew. And some ideas occurred to me, as I was asked yesterday what the City could do:

I’m not sure what we can do about the smoke from Canada to improve the air quality.  What would you propose we do?

and:

Air monitoring won’t help with the smoke it will tell us what we already know. What is your solution to the bad air we can see? 

So after some thought, with #1 and 2 below immediately, and then 3 and 4 later, I sent a follow up missive to the Council:

All –

FYI, yesterday someone did post a PurpleAir monitor reading for our area:

That was yesterday. Today, the local PurpleAir monitor is not online, but https://fire.airnow.gov/ shows improvement for our area:  

When asked, “What is your solution to the bad air we can see?,” obviously we can’t do anything about the Canadian and US fires (they’re all over the country, see map: ). However, there are precautionary steps the City could and should take. The City does have a responsibility to protect the public health and safety of our community. A very good start would be:

1) Start acting on air quality, i.e., to not add any air emissions from any of our big polluters, like Xcel, USG, ADM, etc.;

2) Advocate and agitate MPCA repeatedly to get all the expired permits reviewed;

3) It also occurred to me later that when it’s this bad, the City should issue warnings, urge people to mask up if outside (oh, that’ll go over well, but it’s their health or lack thereof) and to stay inside and use air filters. Yesterday at Menards, there were MANY people coming out with air filters, probably to build those cheap and easy box fan filters).

4) The City should set a threshold for AQI index where outside events would be cancelled, as was done in the last round of extremely high AQIs made attending outside events hazardous for those of us who breathe.

I’m debating getting a PurpleAir monitor (the Zen model: https://www2.purpleair.com/products/list) and connecting to NOAA, though given the medical expense cash crunch now, yes, it is a matter of debate here.

If the City isn’t willing to get on MPCA to install air monitors, the City should spend the $299 x ? to put up a few here and there around town and link them to NOAA. We residents do deserve to know the AQI. Also, there should be one installed near every one of our big emitters in town, location based on the wind rose, for consideration when MPCA, if ever, gets around to permit renewal review, and for when any of these want to contract for more burning.

Again, the City has a responsibility for the health and safety of its residents, and you’re the policy setters.

Carol, a breather whose health is affected by unhealthy air.

Really bad air here in Red Wing today, so I sent another Air Quality (and lack thereof) missive to the City Council:

All –

Once again, it is likely a very bad air day, red dots, orange dots, and we have no monitors, much less a baseline for air “quality,” or lack thereof, in Red Wing.  https://fire.airnow.gov/

What are you, each of you, doing to protect the health and safety of our community? That’s the primary job of the City and the City’s electeds.

Carol A. Overland, loading some things in the car and feeling the PM2.5

Checking later in the day, after some exertion outside that had quite an impact, I found this on that site, our blue dot on the map accompanied by a red square, a “Purple Air” monitor:

Yeah, that’s pretty grim.