CRVC’s hearing on Development Agreement suit
October 7th, 2010
(really, that’s their “site plan” — how informative!!)
It’s in the news, Concerned River Valley Citizens’ suit against LS Power, Lent Township and Chisago County had a hearing last week. Short version:
Judge Hoffman said he wanted to be armed with sufficient information to make a decision. He asked for just one thing – a written transcript of the legislative discussion that preceded the adoption of the legislation regarding the tax exemption in 2009, specifically subdivision 92 pertaining to the obtaining of the development agreement.
He asked the attorneys to write a letter to the court when it is provided and then he will make his decision.
The judge believed this information is important and he can’t be obligated to make a decision until he knows what the legislation said about approval of a development agreement “before” the start of construction.
Most committee meetings now are available online, and the legislative library provides tapes. One problem is that the legislative intent is rarely conveyed in the committee meetings, and all the behind the scenes doings aren’t going to see the light of day.
The statutory section at issue – Minn. Stat. 272.02, Subd. 92.
Here’s the Summons and Complaint from last June:
For more info, go to www.stopsunriseriverplant.com
From ECM Post Review:
Judge asks for one thing in power plant civil case
CRVC sues over Development Agreement
July 4th, 2010
Really, this is their “site plan”
Remember LS Power’s proposal to build an 855MW gas plant by the Chisago County substation? And Xcel’s Mikey Bull’s statement that Xcel isn’t going to be needing this power and isn’t going to be needing any power for a while? There’s no Power Purchase Agreement in sight, no Certificate of Need application or Site Permit application to the PUC, but they do have a legislatively mandated utility personal property tax exemption thanks to Rep. Jeremy Kalin and Sen. Rick Olseen, and they do have a Development Agreement thanks to Lent Township and Chisago County, though they’ve yet to sign the Chisago County one…
And now they’ve got a lawsuit on their hands:
This was filed June 30 in Chisago County — Chisago County, Lent Townshiip and Sunrise River Energy, LLC have 20 days to file their Answer.
LS Power’s Sunrise River Energy in the news
November 2nd, 2009
Oct 19 Chisago County meeting re: LS Power Sunrise River Energy Station
How odd… it’s in both STrib and StPPP today… so comment opportunities abound!
Here’s the story from Dennis Lien:
Skeptics question Chisago power plant
Residents fear water pollution, say plans are too vague
By Dennis Lien
Updated: 11/01/2009 11:22:19 PM CSTBut critics have other concerns about what could be the largest natural-gas plant in the state.
And from the STrib’s Tom Meersman:
Protected aquifer feared at risk
It’s about appropriate land use
It can’t be used for industrial purposes in the seven-county metro area.
Others expressed doubts about the company’s change of mind on groundwater use.
Rob Kravitz lives about 2 miles from the site and opposes the plant, period.
CRVC intervenes – LS Power Sunrise River Energy plant
October 13th, 2009
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Yes, and it’s about time — Concerned River Valley Citizens, who fought the Chisago Transmission Project for over a decade, have intervened in the Lent Township and Chisago County proceedings about this project.
Lent Township and Chisago County are negotiating a “development agreement” and as it comes together, WITHOUT PUBLIC INPUT, a lot of important issues are being decided that these local governments have no business or authority to decide without public input. Lighting is within a township’s zoning jurisdiction, but light pollution, which will certainly be an issue, is also an issue for the PUC. Noise is an issue for the ownship, but it is also under jurisdiction (with too loose standards) of the MPCA. There will be an air permit, and I sure hope that puts limits on fuel oil use. Any development agreement presumes that the plant will be built, and that’s not a presumption CRVC is comfortable with.
There are too many unanswered questions. Where is the need for this plant? Xcel’s not about to be buying any electricity from them anytime soon, and LS Power was shown the door. What is proposed? LS Power can’t/won’t even tell state regulators with any specificity, and they’ve been told go away until they’ve got something solid.
What are they proposing? Hard to tell… there’s no application to the PUC yet, which is another reason all this “pre-application” dealing with local governments is a problem. They’re doing deals with local governments before it’s at all clear what’s proposed, and without knowing what’s proposed, so how can any agreements be made? Who in the township or county has any experience with big natural gas plants and associated infrastructure like gas pipelines, water pipelines, transmission… well, some in Chisago County have a lot of transmission expertise! We do know some things from public documents, i.e., the MISO interconnection queue documents say 855MW gas with fuel oil back up, the legislation passed, again, without public notice or input, specifies no more than 780MW Summer Capacity, and a recent LS Power presentation:
The problem is that the local governments are making agreements, which include concessions and plans, without public input, and by making these agreements, they implicitly approve this project, with some conditions, which means that LS Power can move this project towards reality without the input necessary to thoroughly vet the application. Who is Chisago County to make an agreement regarding water use when it’s also an issue within DNR jurisdiction? They tried to pass the utility personal property tax exemption legislation without even letting local governments know the revenue impacts and how utility personal property tax Host Fee Agreements work, or that they even exist… so the question — who is protecting the public interest in all of these agreements? Hence the CRVC intervention.
And just for the record, in one of the articles they quoted an LS Power rep as saying the only emission is steam. WHAT??!!!??? Let’s see what your air permit application says… duh… let’s have a look at NOx… How stupid do they think we are? STEAM?!?!? Yeah, like the Prairie Island plant is a “steam plant.”
Here’s CRVC’s Lent Township Intervention:
Exhibit B – MISO Transition – Fasibility Analysis Posting G901-G999Exhibit C – June 16 Lent Township Board of Supervisors Meeting Minutes
Exhibit C – June 16 Lent Township Board of Supervisors Meeting Minutes
Exhibit D – July 30 – Hundreds attend meeting to learn about power plant
Exhibit E – February 17 Lent Township Board of Supervisors Meeting
Exhibit F – May 19 Lent Township Board of Supervisors Meeting
Exhibit G – April 21 Lent Township Board of Supervisors Meeting
Exhibit H – July 21 Lent Township Board of Supervisors Meeting
Exhibit I – August 18 Lent Township Board of Supervisors Meeting
And here’s CRVC’s Chisago County Intervention:
Exhibit A – MISO G135 Feasibility Study
Exhibit B – MISO Transition – Feasibility Analysis Posting G901-999
Exhibit C – April 15 Official Proceedings
Exhibit D – County Attorney Correspondence
Exhibit E – Memo Chisago Co Environmental Services & Zoning
Exhibit F – Letter – Sunrise River June 30
Exhibit G – National Park Service Letter July 29
Exhibit H – Chisago Co Water Plan Policy Team Minutes August 10
Exhibit I – Technical Memo – Barr Engineering – Test Well 1 Geology and Well Summary
Exhibit J – Water Team Recommendation of EIS August 11
Exhibit K – Chisago Co Board Minutes August 19
LS Power withdraws Texas plant
September 18th, 2009
Remember LS Power, the ones who have the harebrained idea of building an 855MW gas plant next to the Chisago substation? They may think that calling it Sunrise River Energy makes it less odius! Well, LS Power is starting to see the light, and let’s hope this idea of withdrawing the project spreads northward!
Power plant pulls plug on project
And from LS Power, the LS Power spin:
Well, DUH!
LS Power won’t build Navarro County Power Plant
LS Power cancels plans to build power plant in Navarro County