FERC Can-O-Worms!

Filed under:BadgerCoulee - Wisconsin,Cost Recovery,FERC,Hampton-Alma-LaCrosse,Wisconsin — posted by admin on October 24, 2012 @ 2:01 pm

The ownership mess at FERC gets curiouser and curiouser, messier and messier.  Hot off the wire is an ITC complaint against our friends at ATC:

Complaint – ITC Midwest LLC v. ATC LLC

This is another FERC docket, and to see the entire thing as it grows, GO HERE TO FERC DOCKET SEARCH, and search for docket EL13-13.

Here’s a map of the projects at issue:


What they’re saying is that as with Xcel Energy, ATC is not playing well with others.  ATC has Xcel on the western side looking for 1/2 of Badger Coulee, and now ITC is on the East (or south, depending on your perspective, the eastern terminus) looking for their piece of the pie.

In this filing is a cute map from the MTEP which shows just where the “congestion” is:


Response from Xcel about Info Requests


Recently, well, October 10, 2012, I sent a request to Xcel Energy for their contracts referenced in their latest Compliance Filing, specifically for each project the

Correspondence to Xcel Energy and MN Dept of Commerce Oct 10, 2012

Correspondence to Public Utilities Commission October 10, 2012

What was I asking for?  I asked Xcel Energy and the Dept. of Commerce to:

Please provide any and all New, Amended and/or Restated Project Participation Agreements, Construction Management Agreements, Transmission Capacity Exchange Agreements, and Operation and Maintenance Agreements for all segments of the CapX 2020 transmission project covered under the above-numbered Certificate of Need docket, including but not limited to Brookings –Hampton; Fargo – St. Cloud; St. Cloud – Monticello; and Hampton – Rochester – La Crosse. Please do not include those agreements filed in Appendix B of the original Certificate of Need application.

I got a response from Commerce that they had no such agreements, and it was good to get that confirmation of what I’d suspected.

More interesting, though, is that Xcel Energy, using way too many words, refuses to disclose, saying that it is “untimely and seeks confidential trade secret information that is not necessary for review of Xcel Energy’s compliance filings in this docket.”   They have made other compliance filings, and, well, it’s true, I just did this now, because a few thoughts occurred to me reading their most recent compliance filing, and if you recall, folks, I’m just one person here with office assistants without opposable thumbs, three CapX appeals, an Amicus Brief to the Supreme Court, Goodhue Wind, and a hospice dog who needs help to get up the stairs, outside, and requires regular baths.  Sometimes it takes a while to get to things, sometimes it takes a while for something to sink in.  I do it when I can, and I did it.  And they don’t like it.  Oh well, guess that means I’m going to have to dig a little deeper.

Here’s their response:

Xcel Energy Response to Information Request

And it seems their collective memory needs to be refreshed:

Finally, to the extent CETF seeks to propound discovery, such request is improper because CETF is not a party in this docket.


CETF Intervention Petition

Pre-Hearing Order – Granting CETF & MISO Petitions to Intervene – PUC Docket 06-1115

Citizens Energy Task Force is indeed a party to this docket.  So here we go again, once more with feeling:

No CapX 2020, U-CAN and CETF Comment – October 24, 2012

From the resistance, looks like Xcel Energy realizes the importance of these documents!  Onward!

image: detail of installation by Bronwyn Lace