PUC pulls plug on Goodhue Wind project!

PUC Webcast here

‘Bout time this project went down…  What a thorny long drawn-out heated and circular discussion, but after a long five years, the Public Utilities Commission said no to Peter Mastic’s New Era and its request for an extension of time to get the project in service and operational.  Did I mention this has been a long journey?  It took five long years of persistent work on so many fronts, dogged work on the part of so many people!  L-O-N-G!  I first met with Goodhue Wind Truth and started representing them in late 2008, early 2009.

Just from today I have 12 pages of notes, so here’s the nutshell version, from the two page Revised Decision Options:

Revised Decision Options 20136-88332-01

• After a protracted discussion, they first voted to DENY Todd Guererro’s Motion for another two weeks to prepare as he was just hired on.  Nope, says the Commission, we don’t buy it, New Era f/k/a/ f/k/a has had plenty of time.
• And after an even longer more protracted and circular discussion, the Commission voted UNANIMOUSLY decision options 2 I & J:

• Then came their vote on the Extension Request as a housekeeping matter:

• And then, at the bottom of page 2, adding “August 23, 2013” as the date certain for a response:

DONE!

GOOD RIDDANCE!

Todd Guererro, representing Peter Mastic f/k/a f/k/a, did a valiant job given what he had to work with, a client who didn’t bother to comply with PUC Orders, Information Requests, and laws — he deserves battle pay for  taking the hits hurled by the Commissioners, deserved, but he did the best job possible… well, except he apparently didn’t know that the Commission had made the determination that the project was a C-BED project many years ago, that it was not the Commissioner of Commerce.

I kept my trap shut, thinking “less is more.”

IT’S DONE!

IT’S REALLY DONE!

And an interesting sidebar, NSP had its crew there to monitor its interests (Verified Complaint for Declaratory Judgment, and what a delightful Complaint it is!), and I learned that my arch-nemesis Mike Krikava is a horn player, has a big band of reknown, Nova Contemporary Jazz Orchestra (not Les Brown, perhaps Minnesota’s Toshiko Akiyoshi??), and even played with Ed Berger.  Mike brought it up, wondering how I knew the “real outside” Ed, but folks, it’s a small, small world… who knew?!?

And that after he ruins his reputation with his “heart-shaped” dot in his signature as noted by at least two of my GWT client’s cohorts:

Kinda skews my view, though the blustery honking of Bari fits him well.  It’s sort of like Mark Dayton being a shep nut — I will have higher expectations — we shall see… but if Krikava were a trumpet player, well, that’d be another matter entirely.

In the Rochester Post Bulletin tonight:

PUC commissioner:  It’s time to pull the plug on New Era project

By Brett Boese —  POST BULLETIN

June 20, 2013

 

ST. PAUL — After nearly five years in the permitting process, the Minnesota Public Utilities Commission might have finally pulled the plug on the controversial New Era wind project.

After lengthy discussion during Thursday’s PUC hearing — including a few testy exchanges between commissioners and New Era attorney Todd Guerrero — the PUC unanimously approved five motions that will make it difficult, if not impossible, for the project to move forward in its current form.

“I think this is definitely a David and Goliath story,” said rural Goodhue farmer Ann Buck, one of the project’s critics, who have spent six figures battling the project over health, environmental and aesthetic concerns. “But I don’t think it was one rock that got the giant. It was many over the last four, five years.”

Read the rest of this entry »

Love that billboard!

Today, Goodhue Wind Truth’s Complaint to the PUC about the Goodhue Wind Project f/k/a __________ (I forget… so many names…).  It took a while, it took some digging, and here it is:

Complaint to PUC – Goodhue Wind Truth

The short version?  Revoke the permit.  Check out the exhibits backing up the narrative.

It’s been a busy couple of weeks in wind in Goodhue County.

It’s all about whether there is indeed anything more than vaporware to the Goodhue Wind Project.  And there’s also that pesky little Community Based Energy Development statute, and whether this project is a C-BED project.

T. Boone Pickens has waved goodbye to the Goodhue Wind Project.

Pickens exits Minnesota project for undisc fee

And in the STrib, some interesting details:

T. Boone Pickens departs state wind project

Texas billionaire T. Boone Pickens has sold his stake in a controversial wind farm proposed in Goodhue County, Minn., but its new owner says the project is going ahead.

Dallas-based American Wind Alliance, founded by Pickens in 2009, said Friday that it has sold 100 percent of the company behind the Minnesota project, whose name has been changed to New Era Wind Farm LLC. The financial terms were not disclosed.

The proposed 50-turbine wind farm, once estimated to cost $180 million, would be located west of the city of Goodhue, about 60 miles southeast of the Twin Cities. Citizens have fought the project because of concerns about potential noise and unpleasant shadows from spinning blades and about threats to protected eagles and bats that might hit the blades.

Peter Mastic, who formerly headed a Minneapolis wind development firm that worked on the project, said in an interview Friday that he is the sole employee and owner of New Era Wind Farm.

Mastic said he intends to pursue the project with the help of a local advisory board and, eventually, local investors. The advisory board of local farmers decided on the new company name, he added.

“They wanted something that signified a re-engagement with the community and a new beginning,” said Mastic, who indicated that the board members’ names will be disclosed later.

Although the project has a site permit from the state Public Utilities Commission, its avian and bat protection plan is pending. Mastic said the company will submit a revised plan and will seek a federal permit for the “incidental take” or killing of protected species.

Pickens’ company, Mesa Power, said it believes the Goodhue project will be built. “For strategic reasons, Mesa Power is redeploying its wind development efforts,” the company said in a statement.

Mastic said he will go ahead with the project even if the federal production tax credit for wind farms is allowed to expire on Dec. 31. The fate of many wind energy projects hinges on whether the subsidy is extended by Congress, which won’t consider the matter before the elections.

Xcel Energy, based in Minneapolis, would buy electricity from the wind farm as part of a commitment under a state law to purchase energy from community-based producers.

Until July, Mastic was the CEO of Minneapolis-based National Wind, which launched the Goodhue project, but ended its role as developer in August. National Wind recently was acquired by Trishe Wind Energy Inc., a wind development group based in India.

Pickens, a Texas oil and gas entrepreneur, was recently listed by Forbes magazine as the 360th richest American, with a net worth of $1.2 billion.

But before the Pickens announcement, we got word that December of 2011, LAST YEAR, National Wind was sold to Trishe Wind, a company in India.  Then we learn that Trishe Wind doesn’t want to take on the Goodhue Wind project!  Check the “Portfolio of Projects” on their site.  Posted September 26, 2012, reporting a December 2011 sale:

National Wind Acquired by Trishe Wind Energy

Minneapolis, MN – September 26, 2012: National Wind LLC has been acquired by Trishe Wind Energy Inc. Trishe Wind Energy is part of Trishe Energy Group, founded in India. Trishe Energy Group is an international developer of wind energy with over 4000 MW of wind projects completed or under development in the U.S. and India. For additional information go to www.trishe.com.

Under its new ownership, National Wind—A Trishe Group Company continues to develop community-partnered wind projects in the U.S. Since the beginning of 2012, National Wind has added five members to its Minneapolis-based workforce. For additional information go to www.nationalwind.com.
The development agreement between National Wind and the American Wind Alliance (the equity owners of AWA Goodhue) with respect to the Goodhue project has been terminated as of the end of August 2012.

Vivek Mittal, President of Trishe Wind Energy and President of National Wind, is serving as acting CEO of National Wind. He replaces Peter Mastic, who is no longer employed by National Wind.

“AWA Goodhue” Compliance Filing, September 17, 2012

PUC Burl Haar’s Letter, September 20, 2012

Which was followed up by an Information Request from Tricia DeBleekere:

PUC’s Information Request, October 11, 2012

SNORT!  Let’s see them answer that!

And Mastic sent in another Compliance Filing that must have crossed in the mail with the PUC’s IR like two ships passing in the night:

New Era Wind Farm Compliance Filing, October 12, 2012

The Secretary of State reports that a New Era Wind Farm LLC was born on December 14, 2009, and was amended October 8th and 10th, 2012.

Now we find out…

CT Corporation System, at 100 So. 5th Str #1075, Mpls, is one of those mail-order incorporators that provide a “Registered Office Address” for service in Minnesota.  Note the mailing address!

T. Boone Pickens’ AWA Goodhue AVIAN AND BAT PROTECTION PLAN was to be on the Public Utilities Commission agenda on Thursday.  That’s too soon, they just dumped hundreds of pages of info on us, and on the reviewing agencies, week before last:

AWA Goodhue Fall Migration Study

Revised AWA Goodhue Avian and Bat Protection Plan

And here’s the primary documents that caused the ruckus — the ABPP plan from hell and agency comments on it:

AVIAN AND BAT PROTECTION PLAN

USFWS Comments on AWA Goodhue’s Avian and Bat Protection Plan

DNR Comments on AWA Goodhue Avian & Bat Protection Plan

Given the specificity and many pages of comments, it’d take a bit more than a week to analyze the Comments (WHICH WERE WITHHELD BY COMMERCE FOR A WEEK AND NOT FILED UNTIL JANUARY 19!) and determine whether AWA Goodhue had properly addressed them.

I was floored by their last minute filings, and filed a Motion with the PUC to take it off the agenda:

Goodhue Wind Truth Motion for Extension

And not too long after, day or two, the PUC did indeed pull it off the agenda and didn’t reschedule:

PUC Notice of Withdrawal of Agenda Item

Double trouble for AWA – taken in the AWA Goodhue wind project footprint:

to be clear, there are lots and lots of bald eagles here, and there are documented golden eagles too.  USFWS has said there are no permits available for golden eagles for this project.

ABPP – that’s Avian and Bat Protection Plan:

AVIAN AND BAT PROTECTION PLAN

AWA Goodhue Fall Migration Study

U.S. Fish and Wildlife and the Minnesota Dept. of Natural Resources have filed comments on the Avian and Bat Protection Plan.  These are MUST READ Comments!

USFWS Comments on ABPP

DNR Comments on ABPP

And here is the response to my Data Request to the Board of Animal Health asking for copies of AWA Complaints to Board of Animal Health about Eagle Baiting and the reports of their investigations showing no violations found, that there is no basis for enforcement action:

Response to Data Request – Board of Animal Health

In the AWA Goodhue wind project footprint, T. Boone Pickens is at it again – the helicopters are flying today:

Does that look like 200 feet??  Is it the same one from Brainerd Helicopter Service?

Here they are by the met tower, that’s 197 feet tall,  just enough to keep under the lighting requirement, and the helicopter is just above:

Clients got the call from sheriff and utilized their phone tree to spread the word that AWA Goodhue helicopters would be flying today, notice came in at 10:00 a.m. and helicopter sighted at 10:30 a.m.  Sheriff did a good job in notifying as soon as notice came in, but come on AWA, how about letting the landowners know reasonably ahead of time, report it when you book the helicopter???  It’s not that hard!

Here it is near a communications tower – the lights are out on that tower, somebody call maintenance!