Legalectric

Association of Freeborn County Landowners had filed a Complaint against Public Utilities Commissioner John Tuma and Chair Katie Sieben:

AFCL files Complaint against Tuma & Sieben

They filed their response and shipped it off to Office of Administrative Hearings for an investigation (note statute says “hearing” … oh well…):

AFCL Complaint forwarded to OAH for hearing

Here’s the result, hot off the press:

There’s no requirement of public participation? Minn. Stat. 216E.08, Subd. 2. And parties? No mention. What’s the point of being a party? And following that Office of Legislative Auditor report, guess it doesn’t matter, no one is paying attention.:

Public Utilities Commission’s Public Participation Processes – OLA-Report

Notice of a new topic on the agenda isn’t required? Yeah, I guess the notice statutes don’t matter.

Talking to a participant is not ex party contact? The County is indeed a participant…

Next step is that it goes to the Commission to rubber stamp it.

Who cares? Listen to this:

Lot of filings in preparation for the first hearing on Association of Freeborn County Landowners’ MERA suit against the PUC. At this time next week, it’s off to the races!

First, the Motions to Dismiss:

PUC Filings – Motion to Dismiss:

NSP and Plum Creek Wind Filings – Motion to Dismiss

Buffalo Ridge and Three Waters Wind Projects’ Filings – Motion to Dismiss

AFCL Response to Defendant and Defendant Intervenors Motions to Dismiss

Next, Motion for Temporary Injunction:

PUC Filings re: Injunction

NSP – Plum Creek Filings re: Injunction

On June 10, 2020, Association of Freeborn County Landowners filed a Complaint against the Public Utilities Commission and four wind projects: Freeborn Wind, Plum Creek Wind, Buffalo Ridge Wind and Three Waters Wind:

AFCL brought this suit under MERA, the Minnesota Environmental Rights Act, which gives anyone standing to sue, and sue we did, seeking:

• A declaratory order that the state’s permitting of Large Wind Energy Conversion Projects is not in compliance with the Minnesota Environmental Policy Act;
• A declaratory order that the Public Utilities Commission has not complied, and must comply, with the mandate of Minn. Stat. §216F.05 to develop rules for environmental review of wind projects;
• An order that the Public Utilities Commission promulgate rules for wind siting and environmental review;
• A remand for additional proceedings as required by law and the Commission’s rules. 
• AFCL also seeks a temporary injunction pending these directives and actions by the Commission.  Minn. Stat. §116B.10.

All the Defendants have brought Motions to Dismiss, and today I received reams of paper with their arguments:

Filings from the PUC:

Filings from NSP & Plum Creek:

Filings from Buffalo Ridge Wind and Three Waters Wind:

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Onward toward the Motion Hearing on September 2, 2020! Lots of reading and writing to do in response to these, and lots of writing to do for our Motion for Temporary Injunction!

Here’s the Minnesota Public Utilities Commission “deliberating” and deciding to DENY our Petition for Environmental Assessment Worksheet. What a concept, environmental review of a wind project. It’s never happened in Minnesota, and 2,500+ MW of wind sited, sans wind specific criteria and rules. DOH!! PUC has actual and constructive notice that there are noise problems with wind. Another DOH!

Oh, look out, now that I’ve learned how to clip snippets from videos, there’s no stopping me!!

This is the Minnesota Public Utilities Commission’s deliberation and decision from December 19, 2019, on Xcel/NSP (they never use the name consistently) Application for Amendment of the Freeborn Wind Project site permit: