No CapX 2020

URGENT - TODAY:

Now’s the time to request Citizen Advisory Task Forces for the CapX 2020 line from Hampton to Alma (f/k/a LaCrosse line).

The PUC has asked the Dept. of Commerce to come back with a plan, though there’s no order posted about it yet. HERE IT IS, they just put it up now, afternoon of 3/9 (note it is SILENT about joint environmental review with RUS):

PUC Order March 9, 2010

It is on the PUC agenda for Thursday, March 11, 2010, and you can watch by CLICKING HERE and look for little navy blue button that says “Watch Webcast” and it’s live starting ~ 9:30 a.m., and here’s the agenda item, dead last:

Soon “briefing papers” should be posted, you’ll find a link by clicking on AGENDA HERE and scrolling down… but maybe it won’t appear until after the meeting?!?!? Nope, those are now linked the afternoon of 3/9 too!  A peek at the PUC docket shows that this is MOES’ plan:

Task Force - Staff Comments & Recommendation

What does MOES recommend — surprise, surprise… ONE Task Force for the length of the line, option “A-1.”

I’ve fired off this Motion right now… and YOU FIRE ONE OFF TOO!  (emails below)

AMENDED - NoCapX & U-CAN Motion for CATF & Joint EIS

NoCapX & U-CAN Motion for CATF & Joint Environmental Review

URGENT - TODAY:

Send in a request for a Citizen Advisory Task Force NOW.  From the looks of the route proposed, and from the people who have contacted me on this, I think there should be one for the northern part, Hampton-Cannon Falls area, another for the corner, the Pine Island/Rochester, and one for the River Crossing.

Send request to both:

matthew.langan@state.mn.us

burl.haar@state.mn.us (and they’ll file it on PUC site)

Although the time for DEIS Comments was up the week before last, it’s important to get Comments that are relevant to routing in the routing docket.  Just entering things in as DEIS Comments is NOT enough.  You need to get information related to siting directly to Judge Heydinger, and most things relevant to the DEIS are also relevant in the siting/routing docket.

FYI, here are my DEIS Comments filed in the St.  Cloud to Monticello docket - note that the numbers for EMF modeling are way, way off, inexcusably underestimated:

Overland - Comments - Monticello

Overland - Comment - Attachment A - Sandok4-3-09

Overland - Comment - Attachment B - Feasibility Study - Undergrounding

Overland - Comment - Attachment C - 01-1958 Ex. 35, App. 7

Overland - Comment - Attachment D - CoN Ex76 MCEA IR3

And other Comments that I’ve found:

Onnen - Comment

Ziegler/Cat - Comment

Clear Lake Township - Comment

Wright County Board - Comment

MnDOT - Comment

From the looks of the MnDOT Comment, there’s the same sorts of issues here, and thankfully OES is putting them up on the PUC Docket.  Scenic easements are an issue, running longitudinally is an issue, “hopping back and forth” across I-94 is a problem.

Clear Lake Township and Wright County both raise Notice issues, Clear Lake Township states that it had no notice whatsoever of a proposed alternate route and no opportunity to be on the Task Force.

Wright County is affected, the river crossing in the County and Scenic Byway are areas where the transmission line as proposed would have a significant impact, and how would or could that be mitigated?

Take a look at the issues raised in prepping for Monday!

NoCapX 2020 and United Citizens Action Network need $$$ to cover costs of the appeal and all the different dockets — please look up on the right, click “Donate” and PayPal will walk you through using Visa, Mastercard, or whatever to make a donation  You can also send a check to “Legalectric” at P.O. Box 176, Red Wing, MN  55066.  I’ll be back soon to check the mail box!  It goes far, though it’s NOT tax deductible.

I’ve been meaning to post this and keep forgetting!  The Oral Arguments are scheduled for the CapX 2020 Certificate of Need appeal.  There’s some room for observers, but not a lot, so get there early for a seat.

March 17th, 2010 @ 9:30 a.m.

Minnesota Judicial Center

25 Rev. Dr. Martin Luther King, Jr. Blvd.

(just a tad south and east of the Capitol)

St. Paul, MN  55155

CLICK HERE FOR GOOGLE MAPS LINK (it’s on the NW corner from the red A)

A combined public hearing and evidentiary hearing will be held:

March 8, 2010

2:00 p.m. and 7:00 p.m.

Clearwater Township Hall

Clearwater, Minnesota

(and on to St. Paul on Tuesday)

How bizarre, in a good way!  Turns out that a woman I went to truckdriving school with … what… decades ago… way back during the Reagan years when I couldn’t get a job that paid enough to go to school (doing sound, delivering the Reader and City Pages, and cooking at Seward just wasn’t cutting it), and my little bro’ says, ‘Hey, why don’t you drive a truck, you love to drive,” well, DUH, YEAH, I can do that! and four days later I was in truckdriving school… anyway, the son of a woman I went to school with is an affected landowner and getting into the fray.  Is this cool or what!  She knew me when… Those were the days, spending hours and hours backing around the ring, backing through the serpentine, backing left, backing right, we weren’t allowed to go forward until we could back around anything and everything.  My life on the road now sort of compensates for that road jones, but once you’ve driven truck, you’re spoiled for regular work.  Where else can you get paid to drive around all day, call in and tell the boss to take a flying leap and hang up, and go drive some more… Sunday night at the Magic Wand in Vegas, LA bumper to bumper at 5 a.m. , an afternoon drive up the cost to pick up some lettuce, morning coffee on top of Donner, bunny season on 287/220 in Wyoming — the road is carpeted with squished rabbits, every Friday night sunset means it’s time to head west…  GET ME OUT OF HERE!  … sigh… On the other hand, dealing with food warehouse receivers and 36 hour days is good prep for law… well, at least dealing with CapX 2020!

Back to nonreality…

The CapX St. Cloud to Monticello Public and Evidentiary Hearing begins on Monday:

A combined public hearing and evidentiary hearing will be held on March 8, 2010, at 2:00 p.m. and 7:00 p.m., at the Clearwater Township Hall, Clearwater, Minnesota…

… and the evidentiary hearing will continue on March 9-12, 2010, at the Public Utilities Commission, 350 Metro Square Building, 121 Seventh Place East, Saint Paul, Minnesota, as necessary to complete the hearing (I’d presume it starts at 9:30, but check with the Judge - I can’t find it in the Prehearing Orders).

Public Comments may also be submitted in writing to the Administrative Law Judge and must be received by 4:30 p.m. on March 19, 2010.

Here’s testimony to read over for the hearing on Monday:

Chezik Direct Testimony

Chezik Supplemental Testimony

Kline Direct Testimony

Lahr Direct Testimony

Lahr Direct - Schedule 4a (maps, BIG files)

I’m having trouble with the files, too big… will upload after I get them broken down.

Folks, you know the drill — read all this and figure out your questions for them!  I’ll be doing the same!

Why?  Well, the rules say anyone can ask questions of the applicants, testify themselves, or enter exhibits, so get ready to ask questions, testify, and enter exhibits — it’s up to y’all, as there are NO intervenors in this docket:

Here’s a snippet from Minn. Stat. 216E.08:

As if Xcel’s Hiawatha Project’s transmission going through “my” Prestigious East Phillips neighborhood isn’t enough, now they’re coming to my current turf.  Enter at your own risk, Xcel!!!

In the Kenyon Leader:

Eminent domain changes proposed

Note the article states that Rep. Steve Drazkowski supports CapX 2020.  Well, he’s now signed on to HF1182, so maybe an about face is in the future?

Here’s the latest version of the bill:

HF 1182 - 1st engrossment

Here’s two articles that appeared, one from Red Wing and the other Cannon Falls:

Published February 26 2010

Commission OKs CapX application

By: Jen Cullen, The Republican Eagle

State officials on Thursday accepted the route application for proposed high voltage transmission lines that will stretch through Goodhue County, though they did acknowledge the large CapX2020 project likely will generate concerns and that at least one citizens advisory task force needs to be involved.

The Minnesota Public Utilities Commission ordered Office of Energy Security staff to bring them a plan for setting up a citizen’s advisory task force that will outline local issues and concerns that should be tackled in an environmental report, including issues with running the lines across the Mississippi River.

“That is a reasonably decent outcome,” said Red Wing attorney Carol Overland, who represents No CapX2020 and United Citizens Action Network, two groups of landowners that that project will affect.

Overland participated in the meeting via telephone and has filed a petition on behalf of the groups to intervene in the route application process, giving them the right to provide testimony, cross examine witnesses and file motions in the matter.

CapX is a joint initiative of 11 transmission-owning utilities in Minnesota that want to extend power lines as tall as 170 feet from a new substation near Hampton, Minn., through Cannon Falls and Pine Island into northern Olmsted County and across the Mississippi River to La Crosse, Wis.

Proponents say expanding the region’s electric transmission grid is necessary to meet increasing demand caused by population and job growth. Similar projects are slated for construction in other parts of Minnesota, North Dakota and South Dakota.

The PUC approved the CapX application, which establishes a preferred route traveling through Cannon Falls and Pine Island mainly along Highway 52.

CapX officials say the preferred route would have minimal impact on private property.

The alternative route cuts through western Goodhue County farmland and the rural communities of Stanton and Dennison.

OES staff suggested the PUC allow them to establish an advisory task force to address potential issues in the Pine Island area, where preferred and alternative routes for lines converge and a new substation is proposed.

The group would include Goodhue County, Olmsted County, city of Pine Island, town board and non-government representatives.

Overland and Paula Maccabee, a St. Paul attorney, urged commissioners to consider more than one citizens group because the project is so large and complex.

“To have one task force is just not sufficient,” Overland said. “This is going to be a very contentious proceeding where people need to have the input and have that input taken seriously.”

Commissioners agreed an advisory task force - probably more than one - was important but were unsure how to establish the groups so they were effective. They asked OES staff to research the issue and come back with options.

“Maybe there needs to be some discussion about where to break it up so one task force does not become unwieldy,” Commissioner Betsy Wergin said.

While pleased with the task force decision, Overland argued Thursday the CapX application was not complete because it does not include two routes - which is required by law - for the line from beginning to end.

OES and Xcel Energy officials admit the lines overlap for about nine miles but say that is acceptable under state law and a common occurrence in projects so large.

Maccabee, a St. Paul attorney, disagreed.

“Here the area that overlaps is the area that crosses the Mississippi River, scenic areas … and that is not a trivial or modest exception to the rule,” she said. “That is exactly why two alternative routes are required.”

Maccabee said the CapX applicants must thoroughly examine the benefits and costs of building the power lines underground or under-river to protect sensitive environmental resources.

An Xcel Energy official said the group has provided information on such options for a crossing near Alma, Wis., but similar possibilities for crossings in Winona and La Crescent, Minn., have not been examined.

Maccabee said Xcel Energy and other CapX officials should be required to examine underground and under-river options for all three crossings to see which is cheaper and will have the fewest environmental impacts.

“This is just not ready for prime time,” she said. “I don’t understand why anyone would want to go forward without knowing which is the least impactful route.”

Commissioners agreed that Mississippi River concerns need to be addressed but said they would not hold up the application’s approval by forcing utility officials to do more research.

“The applicants are going to present us with a package for our approval. If they have not thoughtfully considered all their options it will be their choice and it will potentially come at their peril,” PUC Chairman David Boyd said. “I am not going to direct the applicants to do work they do not chose to do. I think the potential consequences are obvious.”

And from the Cannon Falls Beacon:

CapX2020 process moves forward

by Ken Haggerty

The CapX2020 plan to build a new high voltage electrical transmission line from a proposed new substation near Hampton to the Rochester and LaCrosse areas cleared another hurdle last week with the Minnesota Public Utilities Commission (PUC).

The PUC accepted the CapX2020 route permit application as “complete” at its February 25 meeting in St. Paul. This means the PUC felt it contained all of the necessary content requirements. Next step in the process is a series of public environmental scoping meetings, anticipated to be held in April. Changes in the route and rejection of the entire permit are still possible and can be influenced by participation in these scoping meetings.

Carol Overland, a Red Wing attorney who has represented NoCapX2020, a group whose motto is “transmission lines that they don’t need and we don’t want” says the PUC’s recommendation to form a citizen advisory task force to provide input as the permitting process continues was a minor victory for opponents. Overland says to contact the PUC’s Matthew Langan at matthew.langan@ state.mn.us if you are interested in being part of an advisory task force.

CapX2020 is a consortium of 11 regional power companies that are looking to upgrade and expand transmission lines in a number of locations throughout Minnesota. Xcel and Great River Energy are two of the main local companies involved with the Hampton to LaCrosse route. The CapX group is still targeting 2013-2015 to have the $2 billion project complete.

The current application has two detailed routes, a preferred and an alternate route. The preferred route heads to Pine Island from Hampton through Cannon Falls- mainly along the Highway 52 corridor.

Overland and the NoCapX2020 group in opposition to the project maintain the lines are not a prudent investment of Minnesota ratepayer dollars. They argue the lines are not needed for local load serving but are being built to allow electricity to be sold into other midwestern high demand markets.

Hey, WOW, dig this great quote from Grant Stevenson… maybe he’s not so bad after all:

GAMC fight: ‘Spare us the God stuff, Governor’

By Brian Lambert | Thursday, March 4, 2010

Some budgeting scuffles have more juice in them than others, and the current brawl over General Assistance Medical Care (GAMC) is one of those. The affected group — including veterans — is about as vulnerable as anyone gets in modern America and the reek of political expediency is nearly overwhelming. Tom Scheck’s MPR story on the GAMC fight includes pressure Pawlenty is now facing from religious groups. Says Grant Stevenson a pastor at St. Matthew’s Lutheran in St. Paul, “The governor is going around saying, ‘God is in control.’ We elected you to be making decisions for this state that will help everyone in this state. Things that will lift up the poorest in this state … Don’t pass this off on God. That’s no God we’ve ever heard of. And please stop lecturing us about God. It’s offensive.”

oh…

… it’s not that Grant Stevenson?

… really?

… but… but… but it’s such a great quote…

NEVERMIND!

Doppelgangers ‘R’ Us!

Two letters came in yesterday, one from the proposer of the Myrick route and another from the Mayor of LeSueur.  The Myrick route should be off the table now.  I hope the Mayor of LeSueur has called the Mayor of Belle Plaine with the news and copied him on this letter!

Letter from Duane Kamrath

Letter from Mayor of LeSueur

is Belle Plaine listening?

Today in Finance & Commerce:

A 35-acre site containing a 1,950-square-foot building at 11126 245th St E. in New Market Township might make way for power lines. The site was sold to Great River Energy in Maple Grove for $1.15 million on Dec. 22. Located off I35W and south of Lakeville, the land was first developed in 1980.

Randy Fordice, spokesperson for Great River Energy, said, “The 34.86 acres of land and 1,950-square-foot building were purchased because they’re adjacent to The Lake Marion substation, which will be expanded as part of the ‘Cap X 2020’ project—a series of electric transmission lines being proposed throughout the state.”

House File 1182 has made it out of the Energy Committee.  It will be in Civil Justice March 3, that’s Wednesday, so:

TO DO:

• Contact everyone on the Civil Justice Committee.
• Message - pass HF1182!  Utilities are NOT special.  Public Service Corporations should not be exempted from eminent domain provisions.

Contact info for House Civil Justice Committee Members:

Chair: Rep. Joe Mullery:
rep.joe.mullery@house.mn 

Rep. Gail Kulick:
rep.gailkulick.jackson@house.mn 

Rep. Steve Drazkowski
rep.steve.drazkowski@house.mn

Rep. Bobby Champion
rep.bobby.champion@house.mn

Rep. Debra Hilstrom
rep.debra.hilstrom@house.mn 

Rep. Mary Liz Holberg
rep.maryliz.holberg@house.mn

Rep. Sheldon Johnson
rep.sheldon.johnson@house.mn 

Rep. Tim Kelly
rep.tim.kelly@house.mn 

Rep. Tim Mahoney
rep.tim.mahoney@house.mn

Rep. Dave Olin
rep.dave.olin@house.mn 

Rep. Michael Paymar
rep.michael.paymar@house.mn 

Rep. Peggy Scott
rep.peggy.scott@house.mn 

Rep. Torrey Westrom
rep.torrey.westrom@house.mn

Hot off the press… due today, but hey, they’re filed 45 minutes early, a record for moi!

Overland’s Comments on St. Cloud-Monticello DEIS

Attachment A - Sandok 4-3-09

Attachment B - Feasibility of 500kV Underground Cables

Attachment C - SW MN 345kV Exhibit 35-Application, Appendix 7

Attachment D - CapX CoN Exhibit 76 - MCEA IR3