Hot off the press… Judge La Fave has denied CETF/No CapX 2020 Motion requesting comment period of at least 10 days after FEIS released for public to comment on adequacy.

Order Denying CETF and No CapX Motion for Extension of Period for Public Comment

WOW.

The Final Environmental Impact Statement in the ITC Midwest MN/IA 345 kV line docket was not released until after the public hearings, after the evidentiary hearing, and on same date Initial Briefs were due.  So we filed this motion:

CETF NoCapX_Motion FEIS_Amended

Here are the two Replies to the Motion:

ITC Reply to Motion_20145-99844-01

Commerce Reply to Motion_20145-99801-01

The Minnesota Environmental Policy Act (MEPA) specifies that the “final detailed environmental impact statement… shall accompany the proposal through an administrative review process.”

Prior to the preparation of a final environmental impact statement, the governmental unit responsible for the statement shall consult with and request the comments of every governmental office which has jurisdiction by law or special expertise with respect to any environmental effect involved. Copies of the drafts of such statements and the comments and views of the appropriate offices shall be made available to the public. The final detailed environmental impact statement and the comments received thereon shall precede final decisions on the proposed action and shall accompany the proposal through an administrative review process.

Minn. Stat. §116D.04, Subd. 6a.

And FYI, here’s what the PUC’s draft 7850 rule has to say about this — the FEIS release timing has been an issue for a long time — and the PUC’s draft rule language anticipates that the final EIS will be filed PRIOR to the Public Hearing and Evidentiary hearing:

The schedule for adoption of these rules is way, way out there, and no help, but it gives insight/incite into the Commission take on timing of FEIS release!   That and $0.50 will get cha…