Legalectric

Last month, both Invenergy and NextEra had issued Notice of Force Majure:

Solar Force Majeure in WI – Coronavirus February 26th, 2020

Then NextEra cancelled its notice, and apparently plans to move forward with the Two Creeks project.

Here’s a recent industry blurb about the impacts, mentioning Badger Hollow solar and the rush to get projects in the ground before the tax credit and subsidies deadline, and trying to get perks in the COVID relief bill:

U.S. wind, solar industries plead for “tweaks” to coronavirus stimulus to keep projects alive

From the article:

Developer Invenergy LLC also issued a force majeure notice on its 300 megawatt (MW) Badger Hollow solar project in Wisconsin, according to a regulatory filing, citing the potential impact of factory shutdowns and travel restrictions on its suppliers and contractors. A spokeswoman for Invenergy declined to comment.

In today’s paper:

Rural Wisconsin county split on solar energy project that would be among largest in nation

From the article, an important part, because the PSC does not file the “Environmental Assessment” when issuing their “Preliminary Determination” letter!  People have to ASK for the EA, and then, it takes how long to get it?  COMMENTS ARE DUE JANUARY 7 ON ADEQUACY OF EA AND WHETHER EIS IS NEEDED.  Here’s the Preliminary Determination (for both dockets) stating no EIS is necessary, and the Environmental Assessment which even as PSC staff document points out significant impacts:

PSC_PreliminaryDetermination_100

9697-CE-100_101 EA Appendix A v1_0

PSC_PreliminaryDetermination_101

9697-CE-100_101 Environmental Assessment v37_0

A snippet from the article:

Madison Gas & Electric and Wisconsin Public Service Corporation, the Applicants in a “Buy/Sell” (BS!) docket (CLICK HERE for 5-BS-228) for part of the Badger Solar project (and Two Creeks solar too) have been resisting at every opportunity, trying to keep Jewell Jinkins Intervenors from Intervening.  It gets more hilarious as we go through this crap.

First from the Applicants:

Applicant Response (Objection) to Motion to Intervene

So our Reply:

Jewell Jinkins Intervenors_228_Reply to Applicants’ Response

The Administrative Law Judge granted our Intervention in technicolor:

Order_Intervention-Third

So the Applicants’ looked for other ways to keep us out of the docket, throwing things at the wall to see what sticks:

WPSC_MGE Motion for Interlocutory Review_354992

Motion_Protective Order

So our Reply to both:

Jewell Jinkins_228_Response_Motion For Interlocutory Review

Jewell Jinkins_228_Response_Motion Protective Order

The Applicants just couldn’t stop:

JewellJinkins_228_Response 2 Reply 2 Response 2 Motion Protective Order  Applicants’ Reply in Support of Motion for Protective Order 121918-1

So here’s our Reply to their Response:

   Jewell Jinkins_228_Response 2 Reply 2 Response 2 Motion Protective Order

It was on the PSC agenda yesterday, and they denied the complaint in less than 30 seconds, with no discussion.

Do you think the Applicants will get the hint?  We shall see.  I have my doubts.

Photo of DOE project in Alamosa, under 30 MW

There’s a 300MW solar project proposed for southern Wisconsin, in Iowa County.  Thing is, as with Minnesota and large wind (PUC denies Reconsideration re: Wind Rulemaking), there are no siting rules for solar in Wisconsin!  Really, no rules!  Typically thus far, solar projects are 2-10 MW.  This one proposed is 300MW!  Central station power to put it mildly.

Not only are there no siting rules, but there is no Environmental Impact Statement required for a project covering 3,500 acres!

WHAT?!?!

So on behalf of Jewell Jinkins Intervenors, I’ve just filed this Petition for Rulemaking to get them going on solar rules.

Petition for Rulemaking_JJI_Solar_FINAL_Signed

We shall see what, if anything, they do.

Apparently Invenergy doesn’t like the idea that we’re intervening in their Wisconsin dockets.  I guess after Freeborn Wind, it’s not hard to understand why.

Intervention in Badger Hollow HUGE 300 MW solar project docket — approved by the Administrative Law Judge (Docket 9697-CE-100):

Jinkins Jewell Wendhausen_Intervention

Order_Interventions_11-1-2018

And then the related dockets, the transmission line and the acquisition docket, appropriately known as the BS docket, our intervention, their objection, and our response.  The transmission docket (Docket 9697-CE-101):

Jewell Jinkins_101_Intervention_FINAL

9697-CE-101 Badger Hollow – Response to Request for Intervention (Objection!)

Jewell Jinkins Intervenors_101_Reply to Objection

And the acquisition BS docket (Docket 5-BS-228):

Jewell Jinkins_228_Intervention_CORRECTED

Applicant Response to Motion to Intervene (Objection)

Jewell Jinkins Intervenors_228_Reply to Response

Oh, and the Cardinal Hickory Creek 345 kV Transmission Line!  Docket 5-CE-146.

Jewell Jinkins Intervenors_Cardinal-Hickory Creek_Intervention

To look up any of these dockets, go to the Wisconsin Public Service Commission’s Search site, and  plug in the numbers.

Meanwhile, we’re waiting on the Minnesota Commission meeting on Reconsideration for our Rulemaking Petition, and waiting on two orders, project and transmission, for Freeborn Wind.

And around all these filings, I’ve been to band practice, made wild rice and garbanzo salad, and I hear a Ferndale Market turkey calling…

What a long week it’s been!  WHAT?  Tuesday?!?!  No, really?!?!