Rulemaking expanded to PUC CoN and Siting/Routing

Filed under:Uncategorized — posted by admin on December 13, 2012 @ 1:22 pm

There’s the ongoing rulemaking at Office of Administrative Hearings, and now there’s a notice from the Public Utilities Commission requesting comments.

‘Bout time — here we go, the preamble to rulemaking notice:

Comments Requested 201212-81506-01

At this point, there’s nothing to comment on, it’s a free form free-for-all about what needs to be changed and how in Minnesota Rules Chapters 7849 and 7850.  Ch. 7849 doesn’t exist now, but they’re going to move the Certificate of Need Notice Plan rules in 7829 to 7849.  But 7828.7849 is Certificate of Need and 7850 is Siting/Routing.  EH?

Here’s what they say:

Subject of Rules. The Minnesota Public Utilities Commission requests comments on possible amendments to two rule chapters governing large electric power plants and high-voltage transmission lines: Chapter 7849 and Chapter 7850. The Commission also intends to move the notice plan requirements for high-voltage transmission lines contained in Minn. R., part
7829.2550 into Chapter 7849. The Commission is considering rule amendments to streamline and enhance the effectiveness and efficiency of both processes. The Commission aims to align the procedures of both rule chapters to the extent feasible, to clarify the structural framework of the processes, to resolve inherent timing conflicts, to maximize citizen participation, and to
incorporate new statutory criteria required for demonstrating that a project is needed.

Links to the rules they’re looking at:

Minn. R. 7829.2550  Notice Plan when seeking certification of high voltage transmission lines

Minn. R. Ch. 7850 (it’s LARGE)

Go figure…  Does this mean they’re looking at applying Notice Plan rules to both Certificate of Need and Siting/Routing?

Comments are due by 4:30 p.m. January 24, 2012.

Kate Kahlert, Staff Attorney
Public Utilities Commission
121 Seventh Place East, Suite 350
Saint Paul, Minnesota 55101-2147

Telephone: 651-201-2239,
FAX: 651-297-7073

email kate.kahlert(a)

TTY users may call the Commission at 1-800-627-3529

Anyway, now we have yet another opportunity to propose specific changes, as I’ve done over the years at the PPSA in filing rulemaking Petitions:

Overland Rulemaking Petition – 2010

Goodhue Wind Truth Rulemaking Petition 2011

MUST ATTEND – PPSA Annual Hearing

Filed under:Nuts & Bolts,Reports - Documents — posted by admin on December 6, 2012 @ 5:09 am


Now’s the time to tell your friends,

At our favorite agency…

It’s the Power Plant Siting Act Annual Hearing!

PPSA Annual Hearing Notice – 2012

This is the annual time to tell the agency what does work and what does not work with the Power Plant Siting Act.  After the hearing, now officiated by an Administrative Law Judge (new as of a few years ago), a report is issued to the PUC and then ???  It used to go to the legislature, guess I have to find out what happens now.

December 21, 2012 beginning at 1:00 p.m.

Public Utilities Commission

3rd Floor Large Hearing Room

121 – 7th Place East

St. Paul, MN  55101

Each of you who have experience siting and routing of large electric energy facilities — this is the time to weigh in.  You can do it in person, and you can do it by filing comments.

Here is the Power Plant Siting Act, which governs the siting and routing of large energy facilities:

Power Plant Siting Act – 216E

Here are some prior dockets (to access the entire docket, individual comments, etc., go to :

2000 Summary of Proceedings

2000 Report EQB

2001 Summary of Proceedings

2001 Report EQB

2002 Summary of Proceedings

2002 Report to EQB

2003 Summary of Proceedings

2003 Report to EQB

2004 Summary of Proceedings

2004 Report to EQB

2005 Report to PUC

2006 Report to PUC – Docket 06-1733

2007 Report to PUC – Docket 07-1579

2008 Report to PUC – Docket 08-1426

2009 Report to PUC – Docket 09-1351

2010 Report to PUC – Docket 10-222

2011 Report to PUC – Docket 11-324

The Rulemaking Petition I’d filed in 2010 to address some of these problems has moved into the preliminary stage of a proposal, and the proposal is dreadful, pulling back and lessening opportunities for the public to participate, removing the “participant” option from ways to participate in the actual PPSA evidentiary hearings, where members of the public could question witnesses, VERY distressing:

OAH Rulemaking Request for Comments

OAH Rulemaking Draft Changes

Judge Lipman is in charge of this thus far, and he has said he is not publishing the comments received on the OAH website, so ??? Who knows.  Anyway, some time in the future there will be a formal rulemaking proposal published and we can formally comment again.  NOW is the time to register comments on their Draft Changes before they announce what changes they really want to make.

It’s long overdue to file rulemaking petitions for other aspects of PPSA or siting/routing.  Two weeks to get that ready!

At times it’s shouting in the wilderness, but we’ve got to weigh in or they think everything is hunky-dory and we all know it isn’t.

Buy the Farm Briefs to Supreme Court

Filed under:Uncategorized — posted by admin on December 3, 2012 @ 9:23 am

gildeawrightChief Justice Gildea and new Justice Wright (can’t find full photo of court – must not have it posted yet).

Buy the Farm is working its way through the Supreme Court.  Petitioners briefs have been filed, and Amici (?) (two Amicus) as well.  Here are the briefs I’ve received thus far.


Hanson Stich Brief to MN Supreme Court

Pudas Enos Brief to MN Supreme Court

Amicus Curiae:

No CapX 2020, United Citizens Action Network, St. Paul’s Lutheran School and Church and Cannon Falls Landowners Brief

Minnesota Eminent Domain Institute Brief

I particularly liked the MEDI Brief’s treatment of “remedial” statutes and intent.  RIGHT ON!!!