{"id":4330,"date":"2012-08-18T15:05:49","date_gmt":"2012-08-18T22:05:49","guid":{"rendered":"http:\/\/nocapx2020.info\/?p=4330"},"modified":"2026-04-10T10:39:03","modified_gmt":"2026-04-10T15:39:03","slug":"oronoco-squeals-about-new-testimony","status":"publish","type":"post","link":"https:\/\/nocapx2020.info\/?p=4330","title":{"rendered":"Oronoco squeals about &#8220;new testimony?!?&#8221;"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Curiouser and curiouser &#8212; Oronoco Township loudly declares it is appealing the PUC&#8217;s decision, and also that it&#8217;s hiring a new attorney for the appeal:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">The  Oronoco Town Board previously voted to appeal the PUC ruling to the   Minnesota Appellate Court if its reconsideration motion were denied,   Thein said. The township has 60 days to file that paperwork. Thein says   new legal counsel will be hired by the end of the month to handle the   specifics.<\/a><\/p>\n<\/blockquote>\n\n\n\n<p class=\"wp-block-paragraph\">Previously Oronoco Township appealed too early and that was dismissed without prejudice:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/07\/order-dismiss-notice-or-stipulated.pdf\">Order- Dismiss Notice or Stipulated<\/a><\/p>\n<\/blockquote>\n\n\n\n<p class=\"wp-block-paragraph\">Bringing someone else in at this point is difficult, so few know anything about this, and it&#8217;s a HUGE record&#8230; and I would hope anyone looking at taking this one on would read the transcript, look at the record and see things like Xcel&#8217;s DEIS Comments, Oronoco&#8217;s last minute new route in &#8220;Exhibit 89&#8221; and Exhibit 7 below from Broberg&#8217;s &#8220;testimony&#8221; filed with the Oronoco Motion for Reconsideration.<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter\"><a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/02\/cheshire.jpg\"><img loading=\"lazy\" decoding=\"async\" width=\"225\" height=\"225\" src=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/02\/cheshire.jpg\" alt=\"cheshire\" class=\"wp-image-3874\" title=\"cheshire\" srcset=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/02\/cheshire.jpg 225w, https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/02\/cheshire-150x150.jpg 150w\" sizes=\"auto, (max-width: 225px) 100vw, 225px\" \/><\/a><\/figure>\n<\/div>\n\n\n<p class=\"wp-block-paragraph\">After the PUC Meeting where the PUC denied all Motions for Reconsideration, Javon Bea stood up and squealed about Appeal, that they&#8217;d be going to the Appellate Court because the Commission made its decision based on the NEW TESTIMONY of FOUR PEOPLE.\u00a0 It&#8217;s just not true!\u00a0 I had to object, that is so offensive.\u00a0 Yet that&#8217;s the Oronoco mantra, demonstrably false.\u00a0 That the PUC based their decision on &#8220;new testimony&#8221; of &#8220;four people&#8221; is such a bizarre notion, particularly in light of the record (check out Xcel\/Hillstrom&#8217;s DEIS Comments, pointing out errors in the EIS, DUH!) filings of Oronoco Township, because they&#8217;re attributing to others what they did &#8212; look at filings like Exhibit 89 where they tried to introduce an utterly new route at the very end of Oronoco&#8217;s testimony at the evidentiary hearing, without any notice to landowners in their own Township.\u00a0 And then there&#8217;s the NEW TESTIMONY of Broberg that they filed with their Motions for Reconsideration.\u00a0 Their new testimony included this Exhibit 7:<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter\"><a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/06\/boat-landing.jpg\"><img loading=\"lazy\" decoding=\"async\" width=\"607\" height=\"417\" src=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/06\/boat-landing.jpg\" alt=\"boat-landing\" class=\"wp-image-4164\" title=\"boat-landing\" srcset=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/06\/boat-landing.jpg 607w, https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/06\/boat-landing-300x206.jpg 300w\" sizes=\"auto, (max-width: 607px) 100vw, 607px\" \/><\/a><\/figure>\n<\/div>\n\n\n<p class=\"wp-block-paragraph\">Which is just a bit different than the reality of that boat landing:<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter\"><a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/08\/dscf0475.jpg\"><img loading=\"lazy\" decoding=\"async\" width=\"1024\" height=\"768\" src=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/08\/dscf0475-1024x768.jpg\" alt=\"dscf0475\" class=\"wp-image-4333\" title=\"dscf0475\" srcset=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/08\/dscf0475-1024x768.jpg 1024w, https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/08\/dscf0475-300x224.jpg 300w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><\/a><\/figure>\n<\/div>\n\n\n<p class=\"wp-block-paragraph\">The photo in Exhibit 7 is either very old or it was taken standing on the sand bar.\u00a0 Anyone from the area knows that this boat ramp is closed.\u00a0 The boat ramp is much like nuclear waste, the &#8220;temporary&#8221; closure has been YEARS, there&#8217;s a sandbar in front of it has been there so long it&#8217;s overgrown with tall weeds, it makes the closed boat ramp inaccessible, the weedy sand bar is so large you can see it on Google Earth, and Xcel&#8217;s Exhibit 35, even on google maps, yet Oronoco presents Exhibit 7.\u00a0 That is &#8220;misleading&#8221; at best.\u00a0 And &#8220;Exhibit 7&#8221; was new information NOT IN THE RECORD filed by Oronoco Township in their Motion for Reconsideration, a part of NEW TESTIMONY of Jeff Broberg.\u00a0 And yes, there were more than 7 new exhibits, plus there was all of Broberg&#8217;s &#8220;testimony.&#8221;\u00a0 They submitted new information repeatedly, and they were not following rules regarding how to propose new routes, and after the PUC&#8217;s decision, when the record was close, submitted new information including &#8220;testimony&#8221; and &#8220;exhibits&#8221; with their Motion for Reconsideration long after the record had closed.\u00a0 What are they thinking?<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">What precisely is the &#8220;new information&#8221; that they&#8217;re complaining about? They don&#8217;t say.\u00a0 Come on, out with it!!!\u00c2 They can&#8217;t be specific because there was no &#8220;new information&#8221; at the April 12, 2012 PUC meeting.\u00a0 I&#8217;ve got the transcript and have read it.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Yet they\u00a0 whine about &#8220;NEW TESTIMONY of FOUR PEOPLE&#8221; when it&#8217;s not even true?\u00a0 Where does this mantra come from?\u00a0 Particularly when Oronoco Township is the one entering new testimony and the Commission made its decision on the record.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This is the same Oronoco Township whose expert testified that there were developments (housing subdivisions) that were directly affected by the transmission line when they were 1\/2 mile away&#8230; and who testified that the same developments were &#8220;constructed&#8221; when they were not:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em><a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/02\/nrg-initialbrief20119-66371-01.pdf\">NRG \u2013 NoCapX \u2013 U-CAN Initial Brief<\/a><\/em><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">See p. 45-46 of Initial Brief; see also Hearing Ex. 86, Plat Maps of Landings at Sandy Pointe, Zumbo Haven, and Zumbro Sound. Testimony of Smith, Tr. Vol. 2, p. 44-81.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">From the behavior I saw at the Public Utilities Commission meeting last Thursday, I can\u2019t help but wonder where Oronoco Township is getting its information, why they\u2019re doing what they\u2019re doing.  After the Motions for Reconsideration were denied, Javon Bea\u2026 yes, THIS Javon Bea:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/08\/javonbea_commentsdeis.pdf\">Javon Bea 09-1448 DEIS Comments<\/a><\/p>\n<\/blockquote>\n\n\n\n<p class=\"wp-block-paragraph\">And the same Javon Bea is a member of the Oronoco Planning Advisory Commission where he is supposed to be representing the interests of the township, and it is the OPAC that is driving the Oronoco challenge (that and their large war chest).\u00a0 Javon Bea spoke at the OPAC meeting a few months ago, after the April 12, 2012 PUC decision, and told people to contact the PUC Commissioners directly.\u00a0 Three of the four\u2019s contact info was given including business address for Commissioner Boyd and home address for Commissioner Wergin:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/07\/expartecomplaint.pdf\">Laymen for Christ Ex Parte Complaint against Oronoco Twp<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/07\/oronoco20127-76554-01.pdf\">Oronoco Township Response to Ex Parte Complaint<\/a><\/p>\n<\/blockquote>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/07\/stipulation_20127-77333-01.pdf\">Stipulation between Laymen for Christ and Oronoco Twp<\/a><\/p>\n<\/blockquote>\n\n\n\n<p class=\"wp-block-paragraph\">Yes, this Javon Bea stood up in the middle of the room, intending to lead the charge to the Appellate Court, and he stated that the PUC made its decision based on the NEW TESTIMONY of FOUR PEOPLE!  EH? This shows he hasn\u2019t a clue, he hasn\u2019t reviewed the record.\u00a0 I do wish he\u2019d read a transcript of the full evidentiary hearing, the public comments at the public meetings, and the transcript of the April 12, 2012 PUC meeting where they made their decision about the route through Oronoco.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">He may be special because, according to the points he raised in his <a href=\"https:\/\/nocapx2020.info\/wp-content\/uploads\/2012\/08\/javonbea_commentsdeis.pdf\">DEIS Comments<\/a>, he is the CEO of a $1.8 billion dollar corporation, has three houses (a 10,000 square foot, 4,000 square foot, and a 2,000 square foot), in the area, a barn he rents for events with $80k income annually, property consisting of speculative purchase of 8 separate farmsteads on 292 acres \u201cfor development\u201d valued at $7,230,500, claiming a loss of $4.8 million due to CapX 2020.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">I wonder how many of the hardworking Oronoco Township residents would like to earn $80k annually like his BARN does!?!?<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em>FULL DISCLOSURE:\u00a0 Alan and I have three houses, his in Delaware, mine in Red Wing and our \u201cnew\u201d one in Red Wing, maybe his circa 1742 house is just over 2,000 square feet and the Red Wing ones are 1579 and 1870, all \u201cneed work\u201d and are modest to put it mildly, the newest one was built in 1924, none have central air or a TV or a bit of granite!!!\u00c2\u00a0 But we are rich in dogs\u2026 Summer, Kady-Kate and Little Sadie.<\/em><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Can you tell that I\u2019ve about had it with these statements that are so far off base?\u00a0 Please, folks, read the record, read the briefs, read Xcel\u2019s DEIS comments, read the EIS, read the transcripts.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">From the Rochester Post Bulletin:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\"><strong>P<\/strong><strong>UC denies reconsideration for CapX2020 route<\/strong><\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">Posted: <strong>Aug 15, 2012, 12:55 am<\/strong><\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\"><small>By <\/small><\/a><small><strong><a href=\"mailto:bboese@postbulletin.com\">Brett Boese<\/a><\/strong><\/small><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\"><\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\"><small>The Post-Bulletin, Rochester MN<\/small><\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">SAINT PAUL  A dispute over the route of CapX2020 high-voltage transmission lines through southeastern Minnesota appears destined for a courtroom challenge, after the state Public Utilities Commission last week declined a request to reconsider a past decision.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">In so doing, the PUC\u2019s April 12 decision, to route the high-voltage transmission lines through a suburban slice of Oronoco Township, stands.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">Months before that decision, an administrative law judge recommended a different route, slightly to the north, crossing the Zumbro River at the Lake Zumbro hydroelectric dam. The PUC\u2019s selected route crosses the river at White Bridge Road, a route that initially was project proponents\u2019 preferred route.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">The 345-kilovolt power lines will trace a 150-mile route from near Hampton, Minn., to LaCrosse, Wis., in an arcing path that follows U.S. 52 south into Olmsted County, then east to cross the Mississippi River near Kellogg.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">It is one segment of several in a four-state project to update the region\u2019s transmission system. The project, called CapX2020, is led by Xcel Energy and backed by an 11-member partnership of transmission-owning utilities that also includes Rochester Public Utilities. The project also includes two 161-kv lines leading from the 345-kv mainline to substations near Rochester.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">But no landowner wants the high-voltage lines anyplace nearby. Shortly after the PUC\u2019s April 12 decision, Oronoco Township formally petitioned commissioners to reconsider. Others who submitted petitions included Oronoco Township, nine Cannon Falls landowners and the St. Paul\u2019s Lutheran Church and School located in Cannon Falls.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">Oronoco Town Board chairman Mark Thein said about 90 people filled the PUC chambers on Thursday in hopes that the PUC might change its mind. Instead, they left without even hearing a discussion.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">\u201cWe had 90 people up there and the PUC spent one minute to tell us to go home,\u201d Thein said.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">The Oronoco Town Board previously voted to appeal the PUC ruling to the Minnesota Appellate Court if its reconsideration motion were denied, Thein said. The township has 60 days to file that paperwork. Thein says new legal counsel will be hired by the end of the month to handle the specifics.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">\u201cWe made some valid legal points on why (the PUC) should reconsider, including that they heard new testimony on a case that was already closed, which is against the law,\u201d Thein said. \u201cThat seems to be what swayed the PUC to ignore the administrative law judge\u2019s 300-page (recommendation).\u201d<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"http:\/\/postbulletin.com\/news\/stories\/display.php?id=1505252&amp;query=%22PUC%22\">On the other side of the issue, groups including Laymen for Christ, Inc., Woodland Camp and Xcel Energy filed briefs in support of the PUC decision. Carol Overland, an attorney representing some of the groups, could not be reached Thursday.<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n<\/blockquote>\n<\/blockquote>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Curiouser and curiouser &#8212; Oronoco Township loudly declares it is appealing the PUC&#8217;s decision, and also that it&#8217;s hiring a new attorney for the appeal: The Oronoco Town Board previously voted to appeal the PUC ruling to the Minnesota Appellate <span class=\"excerpt-dots\">&hellip;<\/span> <a class=\"more-link\" href=\"https:\/\/nocapx2020.info\/?p=4330\"><span class=\"more-msg\">Continue reading &rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[223,337],"tags":[749,27,570],"class_list":["post-4330","post","type-post","status-publish","format-standard","hentry","category-appeal","category-hampton-alma","tag-javon-bea","tag-nocapx-2020","tag-oronoco-township"],"_links":{"self":[{"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/posts\/4330","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4330"}],"version-history":[{"count":32,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/posts\/4330\/revisions"}],"predecessor-version":[{"id":6837,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/posts\/4330\/revisions\/6837"}],"wp:attachment":[{"href":"https:\/\/nocapx2020.info\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4330"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4330"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4330"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}