Carol Overland - Legalectric

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Carol A. Overland, Overland Law Office -- Utility Regulatory and Land Use Advocacy
Updated: 7 hours 36 min ago

Oh, Mikey, you didn’t…

Fri, 05/16/2008 - 12:29am

… oh yes you did! Well, folks, sit down… When Mike Bull got in bed with Pawlenty, I thought that he’d gone to the dark side… but now, oh, my, Wind on the Wires? WOW! OH MY DOG!

May 15, 2008

Wind on the Wires Completes Key Hire of Regional Policy Manager

Wind on the Wires is pleased to announce the addition of a Regional Policy Manager to its staff.

Mike Bull, Deputy Director of the Minnesota Office of Energy Security will join the WOW staff on June 11, 2008 as Regional Policy Manager. Mike will focus on advancing wind power and transmission issues across Wind on the Wires 10 state footprint in the Midwest.

Mike has more than 15 years working on energy issues under Governors Tim Pawlenty and Jesse Ventura, and in the Office of Minnesota Attorney General Mike Hatch. Mike has negotiated and passed state legislation dealing with transmission infrastructure development, wind permitting and siting procedures, and community energy development.

Mike was also a lead negotiator for Governor Pawlenty in the effort that Governor Pawlenty co-chaired with Governor Jim Doyle of Wisconsin, to develop the landmark Midwest Governors Association Energy Security & Climate Stewardship platform announced in the fall of 2007. In that role Mike worked intensively with representatives of Governors in Michigan, Ohio, Indiana, Illinois, Iowa, Wisconsin, Nebraska, North Dakota and South Dakota. In 2007 and 2008, Mike helped advise Governor Pawlenty in the development and implementation of the Governor’s National Governors Association initiative “Securing a Clean Energy Future” and has been working on Governor Pawlenty’s behalf with representatives from Governor Bill Richardson of New Mexico to help establish the Governors Windpower Coalition.

Mike has also held non-partisan senior policy positions at the Minnesota Public Utilities Commission and in both bodies of the Minnesota Legislature. He has graduate degrees in Law and Public Policy from the University of Minnesota.

Please help us welcome Mike Bull to the WOW staff.

You can send him a sympathy card at this address:

Mike Bull

Wind on the Wires

1619 Dayton Ave., Suite 203

St. Paul, MN 55104

As he says, “Think of it… we’ll still be able to have so much fun.”  And yes, there’s all those Information Requests I sent to WOW, and hey, like WOW, maybe I should subpoena him to testify in CapX!!!

Categories: Citizens

St. Paul Port Authority violates open meeting law???

Wed, 05/14/2008 - 3:25pm

.

Something we all know, but that the St. Paul Port Authority wants to avoid:

The RCrAP group is subject to Open Meeting Law

HUH? Well, the RCrAP is the RockTenn Community Advisory Panel, assembled under the umbrella of the St. Paul Port Authority.

You can read the St. Paul Port Authority’s “Energy Independent Newsletter” here:

March-April 2008 Newsletter - SPPA

The Port Authority is using this committee as a way to get “community” buy-in to a garbage burner that the community doesn’t want.  If you don’t think it’s a garbage burner they’ve got in mind, read the Foth report:

Here’s the Foth Report

They’ve been trying to make Rock-Tenn happen, and to make it happen the way they want it to.  Toward this end, they’ve been having discussions over a private list-serve, not open to the public, despite calls for them to do so, and despite statements reminding them that they’re subject to Open Meeting Law. Their response? A loud and arrogant “OPEN MEETING LAW DOES NOT APPLY.”

Well, they’re wrong. So says the Minnesota Department of Administration, Opinion 08-007 — this is an opinion issued to the Port Authority after they specifically asked whether Open Meeting Law applies:

Opinion 08-007 - Open Meeting Law applies to RCAP

Here it is in its entirety, it’s too good to miss a word:

Facts and Procedural History:
On March 17, 2008, IPAD received a letter, dated March 14, 2008, from Lorrie Louder on behalf of the Rock Tenn Community Advisory Panel (RCAP). In her letter, Ms. Louder asked the Commissioner to issue an advisory opinion whether RCAP was subject to the Open Meeting Law, Minnesota Statutes, Chapter 13D. Ms. Louder submitted the $200.00 fee required by section 13.072. In a letter to Ms. Louder dated March 20, 2008, IPAD requested additional information and clarification. Clarification was provided by Ms. Louder in a letter dated April 14, 2008, and received by IPAD on April 17, 2008.

A summary of the facts as presented by Ms. Louder is as follows.

In 2007, the Saint Paul Port Authority (SPPA) was provided with a one-time grant for a study related to a steam and electrical energy facility for Rock Tenn, a paper recycling facility in Saint Paul. As part of the grant, SPPA is required to convene a citizen’s advisory committee to advise on the scope of the study. This citizen’s advisory committee is composed of members recommended by four different district councils in Saint Paul and must meet regularly.

According to Ms. Louder, this committee is known as RCAP and has developed a consensus process using a facilitator so there is no chair of RCAP.

Issue:
Based on Ms. Louder’s opinion request, the Commissioner agreed to address the following issue:

Is the Rock Tenn Community Advisory Panel subject to the requirements of the Open Meeting Law, Minnesota Statutes, Chapter 13D?

Discussion:
To assist in the analysis of whether RCAP is subject to the Open Meeting Law (OML), Minnesota Statutes, Chapter 13D, some background is helpful.

There are several purposes for the OML. The Minnesota Supreme Court stated in Prior Lake American v. Mader, 642 N.W.2d 729 (Minn. 2002) that:

The Open Meeting Law serves several purposes:

(1) “to prohibit actions being taken at a secret meeting where it is impossible for the interested public to become fully informed concerning [public bodies’] decisions or to detect improper influences;” (2) “to assure the public’s right to be informed;” and (3) “to afford the public an opportunity to present its views to the [public body].” St. Cloud Newspapers, Inc. v. Dist. 742 Cmty. Schs., 332 N.W.2d 1, 4 (Minn. 1983)(citations omitted). These purposes are deeply rooted in the fundamental proposition that a well-informed populace is essential to the vitality of our democratic form of government. (footnote omitted)

Because the Open Meeting Law was enacted for the public benefit, we construe it in favor of public access. State by Archabal v. County of Hennepin, 505 N.W.2d 294, 297 (Minn. 1993); see St. Cloud Newspapers, 332 N.W.2d at 6 (stating that the Open Meeting Law “will be liberally construed in order to protect the public’s right to full access to the decisionmaking process of public bodies”).

Prior Lake American at 735. With this background and the Court’s instruction to construe the law in favor of public access, the next step is to review the issue presented by RCAP.

Minnesota Statutes, section 13D.01 lists the government organizations that are subject to the OML. These government organizations are referred to as “public bodies.” Subdivision 1 of this section states, in pertinent part:

All meetings, including executive sessions, must be open to the public: . . .

(c) of any
(1) committee,
. . .
of a public body;

According to 2007 Session Laws, Chapter 57, Article 2, Section 3, RCAP is a committee operating under the auspices of the SPPA. The study must do the following:

(1) assess the economic and technical feasibility of various fuel types to power the plant;
(2) provide a full description and analysis of each fuel type and their respective economic and noneconomic impacts;
(3) provide a full description and analysis of each fuel type and their respective environmental emissions, including carbon dioxide, and the cost of controlling those emissions that affect human health;
(4) describe public subsidies related to the production and use of each fuel type;
(5) describe potential energy efficiency improvement that can be made to the paper recycling operations and subsidies available for each improvement; and
(6) evaluate additional uses for the steam and electricity produced at the facility and the cost of infrastructure needed to implement the additional uses.

In addition, the Legislature also gave RCAP the authority to issue recommendations on these study topics that are separate from those presented by SPPA.

All of these functions are actions taken on behalf of citizens who will be impacted by the decisions that are made about providing energy to the Rock Tenn recycling operation. As stated by the Minnesota Supreme Court in the Prior Lake American case, these are the types of discussions that should occur in public and any decision should be made in public.

The next question then is whether the RCAP is a “public body” and so subject to the OML. The SPPA is a public corporation created in 1929. According to Minnesota Statutes, section 465.719, subdivision 9, public corporations created before May 31, 1997, cannot be exempted from the OML. As a committee of a public body, RCAP is subject to the OML.

Opinion:
Based on the facts and information provided, my opinion on the issues that Ms. Louder raised is as follows:

The Rock Tenn Community Advisory Panel is subject to the requirements of the Open Meeting Law, Minnesota Statutes, Chapter 13D.

Signed:

Dana B. Badgerow
Commissioner

Dated: May 1, 2008

So, there you have it!

Categories: Citizens

Breakfast on Xcel

Wed, 05/14/2008 - 12:36pm

Here’s Dave Sparby telling us about Xcel’s plans — he’s now “acting President and CEO of NSP-Minnesota.” And to think I remember when he was a mere attorney, Xcel’s inhouse counsel.

Today was Xcel’s annual breakfast with “community leaders” in Red Wing, so despite a very late night (where’s the coffee!), I got to the St. James Hotel just in time for to miss the line and have breakfast on Xcel! There was room at a table with the Goodhue County solid waste crew, and I did a good job of hitting the leg of the table and dumping coffee all over, but Alan had a good discussion with them about burning garbage, an appetite stimulating subject, but food for thought.

Mike Wadley was there of course, looking like quite the old fart these days, but that’s what serving a sentence with Micheletti will do for ya. He’s back in the saddle at Prairie Island, and one thing in his spiel that was interesting was that NMC will soon disappear and they’ll all go back to Xcel. I’ve been wondering about that, because the purpose of Nuclear Management Company was to house nuclear when it was spun off in deregulation, which never happened, THANK DOG! They spun off operations of the MN plants and also WI and IA to NMC in 2000, I intervened in that, and they intended to spin off ownership, but deregulation didn’t happen so they didn’t, and now all but the Xcel nuclear plants have disappeared from NMC operation. This will probably require another NRC proceeding, and I guess another intervention… sigh… but he’d bribed me with deck chairs before, and he’s getting the hang of it — today he says, “How ’bout a couch?!?” (proof they’re monitoring the mic and peeking in the windows, Krie’s torn up my 9′ long pink leather “doggie bed,” her station to monitor goings on across the street, it’s in pieces and I’ve got to do something). OK, Mike, I’ll take one rugged couch covered in indoor/outdoor carpeting, but it must be preapproved by Krie and Kenya!

A big deal in this is relicensing of Prairie Island nuclear generating plant, and that application is in, and again, THANK YOU to Mike Wadley, Chris Clark and Jim Alders, whoever it was who did cough up an application for me. It’s making for interesting reading.

They had question answer time, and I asked that, given the new IRP says that “For capacity planning and RES compliance planning purposes, we rare assuming that Red Wing and Wilmarth will be retired at the end of 2012,” whether they’d be closing it or selling it. Oh my, gues who farted in the elevator again. They were backpeddling, oh, NO, it doesn’t say that… uh-huh, right… well, guys, take a look at p. 6-7 and the top of 6-8 and you tell me. They will provide the commission with an update in the next IRP. I look forward to seeing it and hope that this thing is out of my neighborhood. Once more with feeling:

For capacity planning and RES compliance planning purposes, we rare assuming that Red Wing and Wilmarth will be retired at the end of 2012.

So, on that happy note, time to move on to lunch — and thanks to Dave Sparby for taking the time to chat about a host of thorny issues that we’ll be duking it out about over the next few years! CapX anyone?

Categories: Citizens

Oh-oh — evacuation of coastal Delaware!

Mon, 05/12/2008 - 7:30am

Here’s the Salem & Hope Creek reactors on the Delaware River, just across from Port Penn. Doesn’t flooding shut down nuclear plants?

Kent County is evacuating coastal communities… Delaware City, just north of Port Penn, is several inches deep on the main drag through town, and the trailer park is flooded worse.

From today’s STrib - better check the News Urinal too (below):

Evacuations in progress in coastal Delaware;tides, rain, flooding communities
Associated Press

May 12, 2008

KITTS HUMMOCK, Del. - Delaware officials say evacuations are in progress in flooded coastal communities.

Allen Metheny, assistant director of emergency management in Kent County, says rescuers are evacuating as many of the coastal communities as they can. High tides and heavy rains have flooded roads, requiring the assistance of the Delaware National Guard and the Delaware State Police in the evacuation operation.

Metheny says the Delaware Department of Natural Resources and Environmental Control is also providing assistance.

And here’s from the Delaware News Journal:

Storm knocks down trees, cuts power; evacuations ordered along Del. Bay

By DAMIAN GILETTO and JAMES MERRIWEATHER • The News Journal • May 12, 2008

A major storm that brought heavy rain and high winds overnight felled trees and knocked out power across the state, and forced boat evacuations of coastal residents along the Delaware Bay.

In Kent County, the Emergency Management Division of the Department of Public Safety posted a mandatory evacuation order for Kitts Hummock and Pickering Beach along the Delaware Bay. Bret Scott, a county spokesman, said that, as of 8 a.m., about 150 residents had been evacuated from Kitts Hummock and that most of the county’s coastal communities were experiencing flooding.

The Kitts Hummock Fraternal Order of Police Lodge and the Little Creek Fire Hall were pressed into service as emergency shelters, Scott said.

“We continue to monitor the flooding, and we have concerns about all low-lying areas of the county,” Scott said. “We have flooding in all our coastal communities. It’s just worse in some areas than others.”

Residents who need assistance should call 911.

At Kitts Hummock, emergency responders were taking evacuees to the Little Creek Fire Hall.

Anthony Willing waited near the evacuation zone to find out whether his father had been evacuated.

“I don’t know if they took him out – I’m down here to find out,” Willing said.

He said that the water level there was about halfway up the side of a car, and that he had seen 250-gallon fuel tanks floating in the water.

James Mariana said his father, mother and dog were evacuated from the area by boat at around 6 a.m.

The evacuations over a wide area included places like Woodland Beach and Bowers Beach, an official with the Kent County fire board said.

Jeff Howell, of the Department of Natural Resources and Environmental Control’s Division of Fish and Wildlife, says his crew had extricated about 80 people this morning.

At Bowers Beach, the flow was more than two feet above the height of a dock.

In Dover, the St. Jones River jumped its banks and broke a record for flow on this day.

But at Dover Air Force Base, even during 40- and 50-mile-an-hour gusts, crews are out mowing the grass and doing routine checks of cars entering the base – opening the hoods and having people step out of their vehicles.

Lake Forest School District reported buses were unable to reach some flooded areas.

Carol Cathell of the Sussex County Emergency Operations Center reported localized flooding, “lots of power outages” and wires and trees down. Among other damage, a power pole fell on a house in Gumboro, part of a roof was blown off a house in Frankford and Mountaire, the poultry processor, lost the roof of a storage building at its Millsboro location.

The National Weather Service issued a wind advisory until 4 p.m., with gusts reaching 56 mph overnight at New Castle Airport.

In Delaware City, water several inches deep made travel difficult on Del. 9.

At the Del. 9 and Del. 72 intersection, a traffic light was partially knocked down, low enough to obstruct high vehicles.

Delmarva Power is reporting that more than 24,000 customers are without power in Delaware and Maryland, according to the company’s website..

More than 10,000 of the outages are in New Castle County.

The Delaware Electric Cooperative, which serves mostly Kent and Sussex counties, is reporting about 250 customers without power, down from 1,300 earlier today.

Categories: Citizens

ALJs recommend Big Stone II be denied!

Fri, 05/09/2008 - 3:01pm

WHOOOO-EEEEEEEEEEEEE!

ALJs Recommend that Big Stone II transmission Certificate of Need and Routing Permit be denied.

Can you believe it??? Here’s Recommendation:

ALJs Recommendation — Denial of Certificate of Need & Routing Permits

Amazing…

In the St. Paul Pioneer Press with “Comment Opportunity”:

A reversal on coal plant

Here’s the STrib article:

Judges deliver major setback to Big Stone II project

Nothing in Sioux Falls Argus Leader yet…

In the Forum Newspapers with Comment Opportunity:

Willmar Tribune: Judges say Reject Big Stone request

Worthington Daily Globe: Judges say Reject Big Stone request

Forum Newspapers that don’t allow comments (why not?!?!?!)

Nothing in the Bismarck Tribune yet

Fargo Forum: Decision setback for plant

There’s a post on Gristmill, but it’s not coming up…

On MPR today:

Judge delivers setback to Big stone II

The next step is that the parties submit “Exceptions” to the Recommendation (our issues with it, the things we’d want to see different), and then it goes before the PUC. It usually takes at least a month. The PUC can accept the Recommendation, Deny the Recommendation with specific reasons why, or somewhere in between, as they did with Mesaba, accept parts, deny parts, and so there’s no way to tell what might happen.

mncoalgasplant.com is a limited intervenor in this docket, because Excelsior Energy had intervened and was arguing that the Big Stone utilities should buy Mesaba Project electricity instead of building that plant.

To see the entire PUC docket, go HERE and then search for Docket 05-619.

This Recommendation of DENIAL is certainly a problem for Big Stone II. Without transmission, it won’t go anywhere, but then again, there’s always CapX 2020! Remember where CapX 2020 goes? Look at this SW map — why, that would work just fine! But nooooooooo…

Categories: Citizens

Yet another perk for Mesaba?

Wed, 05/07/2008 - 8:58pm

How can it be?  The IGCC coal gasification project from hell, the zombie that lives on and on and on that even its developers, Excelsior Energy, don’t even dare bring before the PUC tomorrow, this boondoggle got yet another perk from the IRS!  $133.5 in tax credits!  WHATEVER ARE THEY THINKING?

Here’s the press release:

IRS grants Mesaba Project $133.5 million in investment tax credits

Pass the barf bag…

Categories: Citizens

DOE announces Capture & Release program

Wed, 05/07/2008 - 11:30am

See www.bitemebaitco.com

Promotion of IGCC and coal gasification takes a bizarre twist! What will the DOE think of next!

The DOE has announced their new FutureGen program, which focuses on Carbon Capture and Storage, but wait… read it… they say that the project has to be designed to capture 90% of CO2 emissions, but also say that it must capture and sequester ONE MILLION TONS ANNUALLY. OK, folks, let’s do the math… slowly ‘cuz I’m a math idiot. Using Mesaba as an example, 600MW produces at least 5.4 million tons annually, and so 90% of that is 4.89 tons annually. Under FutureGen, they’d have to capture, transport and store 1 million. OK, now what about the 4.89 tons minus 1 million = 3.89. We’re missing 3.89 tons that they’ve captured. So what is this? Why, it’s a fancy-schmancy CO2 CAPTURE AND RELEASE PROGRAM!!!

Here it is, straight from the horse’s… ummmmmm… nevermind (in tribute to Eight Bells, no horse’s ass awards for a while) Here’s what their press release says:

DOE’s draft FOA also requires that at least 50 percent of the energy output of the project’s energy conversion system must be used to produce electricity; the project must produce at least 300 megawatts (MW) gross electricity output; and the project must be located in the United States. In addition, the projects must be designed to achieve a goal of approximately 90 percent capture of carbon content in the syngas or flue gas and must achieve a minimum capture rate of 81 percent. Under the draft FOA, projects must also remove at least 90 percent of the mercury emissions based on mercury content of the coal, at least 99 percent of the sulfur emissions based on sulfur content of the coal, and reduce nitrogen oxide and particulate emissions to very low levels.

To ensure safe and permanent sequestration, DOE requires a number of monitoring and verification performance requirements for FutureGen project(s), including quantifying and assessing CO2 capture, transport, and storage aspects for the duration of a 3-5 year demonstration of a least one million metric tons of CO2 injected per year in a saline formation; monitoring the plume(s) of injected CO2 for a minimum of two years after cessation of the injection demonstration, with the results of the monitoring reported to DOE; and developing information necessary to estimate costs of future CO2 management systems.

What will they think of next? I sure hope they’re not thinking of a way to give Excelsior even more $$$$$$!

Oh, and before I forget — Greenpeace has joined the radical fringe organizations like the Department of Energy’s NETL and Wall Street in noting that Carbon Dioxide Capture and Sequestration ain’t happen’ anytime soon:

Greenpeace - False Hope

So, take that, FutureGen!

Categories: Citizens

Thursday’s Mesaba hearing at PUC is OFF!

Tue, 05/06/2008 - 9:42pm

Nevermind about coming to the PUC Hearing on Thursday.

First you say you will, and then you won’t

Then you’ve got a hearing… and then you DON’T…

Yes, here we go again. Excelsior Energy, the denizens of desparado, finagled yet another delay, this from the guys who didn’t want to sit still at the beginning. IGCC, coal gasification, by any name it’s a disaster… yet it drags on and on and on and on.  Here’s what they filed this afternoon:

Excelsior’s Request for Continuance of Hearing

And even later this afternoon, this came out from the PUC’s Janet Gonzalez:

Parties and interested persons:

Item #6, Oral Argument and Deliberations on Excelsior-Phase 2, Docket E-6472/M-05-1993 has been pulled from the Minnesota Public Utilities Commission agenda of May 8, 2008.

It will be rescheduled at an as yet unspecified date after the period for reconsideration has run out, or the Commission takes action on any petitions for reconsideration that may be filed, of its April 23, 2008 ORDER DENYING REQUEST FOR INDEFINITE STAY in this docket.

Janet F. González, Energy Unit Manager
Minnesota Public Utilities Commission

Like with poor Eight Bells, it’s time. It’s gotta happen. Will somebody just do it and put us all out of our misery?!?

Categories: Citizens

Comments on Gov’s Greenhouse Gasbags’ Report

Tue, 05/06/2008 - 1:51pm

The Comments sent in on the Green Chameleon’s Gov’s Greenhouse Gasbags’ Report are out.  Oh, translation for those not keeping up, the Green Chameleon  is Gov. Tim Palwenty, because he talks the talk and walks in the other direction and too few are watching and comparing.  The Minnesota Climate Change Action Group members are the Greenhouse Gasbags because in their recommendations, they promote increased generation of CO2, which is counterproductive and goes against their charge under the statute.  Aaaaah, but what do they care, they’ve got a job to do, which apparently is to assure that there’s no “impediment” to Big Stone II and Excelsior Energy’s Mesaba Project.  Here are the comments received:

Public Comments on the Gov\’s Greenhouse Gasbags’ Report

What a great showing — 63 pages of comments, many of them objecting to the exemption of Big Stone II and Mesaba from regulation.  YESSSS!  They sure need to be slapped upside the head for that lame-brained idea, and you missed the increase of burning biomass???  I don’t think so…

Categories: Citizens

MPCA Solid Waste “Stakeholder Process”

Fri, 05/02/2008 - 3:06pm

I received Notice yesterday from the MPCA of a Proposed Stakeholder Process, soliciting comments on it.  Yes, of course they’ll get Comments, but what struck me was that 1) I was on the list, and 2) so many others weren’t on the list.  So it seems to me it’s important to get word out about this.

Here’s the proposed stakeholder process:

2008 Part 4 Stakeholder Process

The “stakeholder” list is very short.  If you’re interested in receiving further information, email ALL these folks and tell them you didn’t get notice of the “2008 Part 4 Stakeholder Process” and that you should be added to the list:

tim.scherkenbach@state.mn.us

brad.moore@state.mn.us

tina.patton@state.mn.us

This “Stakeholder Process” group is yet another of those toady groups like the Govs. Greenhouse Gasbags Group (MCCAG) that signed off on dreadful policy, for example exempting Big Stone II and Mesaba IGCC from CO2 regulation.

PROPOSED STAKEHOLDER PROCESS

COMMENT DEADLINE

4:00 P.M.

MAY 13, 2008

Send comments to:

tim.scherkenbach@state.mn.us

brad.moore@state.mn.us

tina.patton@state.mn.us

This new stakeholder group, under the proposed process, has a “Steering Committee” and one of their specific tasks is to “establish process outcomes.”  Oh, OK, well, if you establish the outcome, what’s the point of the process where outcome is predetermined?  Another problem is that it “MAY” utilize the Gov’s Greenhouse Gasbags’ recommendations…

Gasbags’ Report

Gasbags’ Report Appendices

… and it “MAY” utilize the 2007 Solid Waste Policy Report:

MPCA 2007 Solid Waste Policy Report

Both of these reports are problematic regarding solid waste — both recommend increased burning of “biomass” which is highly polluting and there just isn’t enough “clean wood” to go around and they burn stuff that’s even worse than the already polluting “clean wood,” like old junk pallets, C&D waste, and GARBAGE.  In Minnesota, under statute, mixed municipal solid waste (MSW) and refuse derived fuel (RDF) is deemed “renewable.”  Biomass can be up to 1/3 garbage!  Great, just great.

Anyhoo, Comments on the proposed “Stakeholder” process are due in about two weeks.  Get to it!

Read the proposal: 2008 Part 4 Stakeholder Process

PROPOSED STAKEHOLDER PROCESS

COMMENT DEADLINE

4:00 P.M.

MAY 13, 2008

Send comments to:

tim.scherkenbach@state.mn.us

brad.moore@state.mn.us

tina.patton@state.mn.us

Categories: Citizens

“Hydrogen embrittlement is a major cause of fastener failure”

Wed, 04/30/2008 - 9:26am

The day before yesterday, the Wabash River IGCC’s pet coke gasifier blew up, or had a majorly pressurized blast (did it ignite?  not sure…) that was felt and heard far beyond the plant boundaries.  A cover over a flange opening “failed” and it failed while two workers, Danny Turner  and David Shoemaker, were tightening bolts 150 feet up in the air.  They were killed, and there have not been reports of other workers injured, nor has there been a statement that there were no other casualties, so we don’t know…

Anyway, a little birdie sent me a link, with the hypothesis that hydrogen embrittlement may be related to the failure.  Here’s the link:

Hydrogen embrittlement

And here’s the short version, taken directly:

Hydrogen embrittlement is a major cause of fastener failure.  Prevailing thought is that steels with Rockwell hardness above C30 are vulnerable.  The phenomenon is well-known although the precise mechanism has eluded extensive research.  A number of proposed mechanisms have been proposed, and most have at least some merit.  Current thinking is that the susceptibility to hydrogen embrittlement is related directly to the trap population.  Generally, hydrogen embrittlement can be described as absorption and adsorption of hydrogen promoting enhanced decohesion of the steel, primarily as an intergranular phenomenon.

Hmmmmmm, makes sense to me!  A quick google brings up a boatload of references, the second one is:

Hydrogen embrittlement of high strength fasteners

Even through reported incidences of fastener failure due to hydrogen embrittlement are low, the consequences of failure can be great in equipment and piping in high pressure, flammable or toxic services. In one incident, two bolts holding the body of a ball valve together failed due to HE, separating the attached piping and releasing a propane cloud. In another instance, seven of twelve body studs in a pump containing high pressure isobutane failed due to HE. Fortunately, no one was injured in either incidence. The risk associated with bolt failures in critical services warrants prudent action to minimize this occurrence.

The following inspection and management practices associated with bolted connections are recommended:

1. Locate and document all corroded bolted connections during external visual inspections of equipment and piping, especially inspections preceding a scheduled maintenance shutdown. Corroded, high strength fasteners should be replaced during the outage and protected with a barrier coating, anti-seize compound or rust preventative.

2. Incorporate inspection of bolted connections in risk-based inspection management programs.

3. Include provisions in maintenance management procedures to protect newly installed fasteners from corrosion.

The role of counterfeit fasteners in fastener failures has received much publicity. A potentially greater hazard in the sudden failure of fasteners due to hydrogen embrittlement is less well appreciated.

So it sounds like the little birdie is on to something here.  Google yourself and check it out!

Categories: Citizens

Direct Action!

Tue, 04/29/2008 - 10:27am

A couple months ago, I was at my neighbor’s coffee shop, The Galley Room on Main Street in Red Wing, and i saw a stove that looked just like the one I had at 2806 - 12th Ave So., I lived there for three years or so.  I really liked it, and the one I have now is so blah, so spur of the moment, I bought it.  Then Ann at Ferrin’s had told Deb she wanted to use it for her Christmas window, so there it was for a couple of months, focus of a cute winter scene.  Now that we’re back, it was time to have it delivered.  So, here it is, and the name, which I hadn’t noticed (it was THAT spur of the moment, name, who cares, I WANT IT!), it’s name is: DIRECT ACTION!  How appropriate!  So that’s the next project, after the bathroom is up and running, and it looks like the toilet and sink may be functional today.  The largest of the bathtub parts arrived UPS today.  Soon, though it won’t be next to the window, it has to be on the other side to get the plumbing to it:

Categories: Citizens

More on coal gasification plant explosion

Tue, 04/29/2008 - 7:16am

The story of the explosion at the Wabash River coal gasification continues to unfold. The two men killed were identified as Danny Turner and David Shoemaker. Terre Haute News has this report:

The two men, members of Boilermakers Local 374, were working about 150 feet in the air on the eighth deck of a coal gasifier, which is used in the process of turning coal into gas. The men were tightening bolts on the flanged opening, similar to a manhole cover, when the flange failed, causing an explosion, said Richard Payonk, plant manager.

“Our process runs at 400 pounds of pressure producing a synthetic gas, and consequently, when that flanged opening failed, it did release the contents of the gasification facility,” Payonk said. “At 400 pounds of pressure, that is a fairly violent release.

“At this time, we don’t have further information on the cause or root cause of that particular failure; that will come out in the investigation in days to come.

================

From a cohort in the know about gasifiers and emissions:

Welcome to the world of high pressure reducing gasification. That’s why I mentioned this possibility before. They call it an “explosion”, but it sounds more like a massive pressure release instead. What’s interesting is that they failed to disclose that while the “roar” continued for “5 minutes”, it was releasing 45-60% CO to the environment. If there had been a temperature inversion and low winds, many more people would have died within the “1/2 mile” radius they checked. MSI has this type of gasifier for DRI,and of course Mesaba I alone would be three to six times larger than Wabash (depends on standby status).

See if you can find out the cause of death of the workers. It might be (instant) CO poisoning (a much more typical accident unless there was a fire too).

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Emergency response has always been a primary concern of Ron Gustafson, a member of mncoalgasplant.com, my client in our opposition to the Excelsior Energy proposal for the Mesaba IGCC project. He works on emergency response issues professionally, and knows enough about the inherent dangers and probabilities to challenge the adequacy of their plan, equipment, training, and funding for emergency response at the proposed Mesaba Project plant. In this case, the plant was evacuated, local responders were called, and the blast was felt miles away from the plant. We’ll learn more about what happened and what was required of first responders in the coming weeks. It sounds like plant management did all they could in a bad situation. As to causation, I’m wondering what the problem was they were working on, if there’s been a history of corrosion, bolt cracking or similar failures, and then why they were up there in the first place, tightening bolts, indicating that they were loose, when the plant was running.

Categories: Citizens

Coal gasification explosion: metal fitting broke, released gas

Mon, 04/28/2008 - 7:13pm

Update on the explosion at the Wabash River IGCC coal gasification plant. This article from the Frankfort Times says that a metal fitting broke, pressurized gas leaked and ignited:

Explosion Kills 2 at Indiana Plant That Turns Coal Into Gas

Monday, April 28, 2008

WEST TERRE HAUTE, Ind. (AP) - A leak at a plant that turns coal into gas in western Indiana caused an explosion that killed two workers Monday, authorities said.

The explosion at the SG Solutions coal gasification plant occurred just before 11 a.m. when a metal fitting broke and released pressurized gas, plant manager Richard Payonk said. The gas ignited immediately.

Production at the plant stopped immediately after the explosion pending an investigation.

The workers who died were employees of Evansville, Ind.-based Sterling Boiler & Mechanical Inc. Payonk said about 15 to 20 Sterling employees work at the facility each day, and many are from the Terre Haute area.

The victims’ identities were being withheld pending notification of next of kin, Payonk said.

Sterling Boiler Controller Ken Wahl declined comment Monday beyond a company statement. In it, Sterling Boiler officials acknowledged the accident and offered condolences to the workers’ families.

Payonk said it is too early to know what might have caused the leak.

‘We will determine the nature of the failure and what occurred,’ he said. ‘And we will put corrective actions in place based upon what we can find.’

Categories: Citizens

Wabash River IGCC plant explodes, two workers killed

Mon, 04/28/2008 - 6:14pm

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Thanks to John Blair for sending around this head up about the coal gasification plant at Wabash River … more as it appears. Looks like a gasifier blew. This one has a video too:

Explosion at SG Solutions in Terre Haute

Posted: April 28, 2008 10:21 AM

Updated: April 28, 2008 05:14 PM

VIGO COUNTY, Ind. (WTHI) - Just before 11 a.m. Monday an explosion at the SG Solutions Coal Gasification Plant killed two people. Black smoke poured from the plant which is located near the Duke Energy power plant in northwestern Vigo County off of State Road 63.

Ed Utterback, who lives near the plant told News 10 “I’ve lived here since 1957 and I’m accustomed to the power plant periodically blowing down the boilers and it sounds like steam being released… [T]oday it sounded much louder with a little bit of rumble to it and lasted much longer, maybe a minute and a half or two minutes.”

Power plant officials say two men from Sterling Boiler Local 374 were working on an opening of one of the gasification units when it opening exploded. The men were said to be tighting bolts from nearly 150 feet in the air when the explosion occurred.

Richard Payonk, the plant manager of SG Solution announced in an afternoon press conference “To our knowledge they were tightening bolts on this particular flanged opening on the gasifier. Beyond that, I would be speculating on what occurred and how it occurred, except that we do know in hindsight that the opening did fail and come off, yes.”

Parts of the plant were immediately shut down as rescue crews raced to the scene. According to the Vigo County Sheriff’s Department, the fire from the explosion was out before fire crews ever arrived.

The names of both men killed in the explosion have not been released yet, pending notification of family.

John Sisco, a man who says he knew both victims, expressed his anguish to News 10. “What can you say? There’s nothing you can say. It’s just tragic and so sad. These guys were top notch, Grade A boilermakers,” Sisco said. “Great people, great people to be around. And it’s just tragic. It’s a tragic loss and it’s a shame that it happened.” Sisco wanted folks to know “The prayers of every single worker at this facility are with them entirely. These were our close friends as well and we feel we’ve lost family members as well here very much so. It’s a very sad day for that.”

Federal state and local officials are still investigating the exact cause of the explosion. Hamilton Center sent counselors to the power plant to help workers deal with the accident.

By: Joe Stoll and Susan Dinkel WTHI-TV

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Production at coke gasification to resume after investigation

Press Release

TERRE HAUTE, IND.—SG Solutions plant manager, Richard Payonk, addressed the media this afternoon following a fatal accident at its pet coke gasification plant in Terre Haute, Ind. Two contractors employed by Sterling Boiler & Mechanical, Inc. were killed.

The accident occurred at SG Solutions just before 11 a.m. today when a flanged opening on a high pressure vessel containing synthetic gas failed. Federal, state and local officials have been notified, and the investigation is ongoing. There is no danger to those nearby the plant.

“The safety of our workers and contractors is our top concern, and we’re vested in working with officials to find the cause of the accident and to make sure we’ve done everything in our power to prevent future accidents from occurring,” plant manager, Richard Payonk said.

Sterling Boiler Controller Ken Wahl issued a written statement this afternoon stating: “Sterling is assisting local authorities in every way possible in determining the cause of the explosion,” the statement said. “Our hearts and prayers are with the families of these individuals.”

Production at the plant stopped immediately following the incident and will resume once an investigation is concluded and all safety procedures are evaluated. Prior to today’s incident the facility had experienced no fatalities since opening in 1995. Wabash Valley Power owns 50 percent of SG Solutions, which operates the gasification plant that transforms petroleum coke into synthetic natural gas.

Wabash Valley Power is a generation and transmission cooperative (G&T) headquartered in Indianapolis. The G&T provides wholesale electricity to 28 electric distribution cooperatives in Indiana, Illinois, Michigan, Missouri and Ohio. Collectively, they serve more than 350,000 homes, farms, businesses and industries. SG Solutions is a national leader in the development of synthetic gas for use in the generation of electricity for homes and businesses.

As one of only two Integrated Gasification Combined Cycle (IGCC) facilities in the United States, SG Solutions has received national recognition as a flagship project of the Department of Energy Clean Coal Program. Source: SG Solutions

Categories: Citizens

Hansen’s wake up call to Pawlenty

Sun, 04/27/2008 - 12:12pm

Stolen from Hansen’s site (click here)

Dr. Hansen to Gov. Pawlenty — stop Big Stone II!!

It was all over the news yesterday, Dr. James Hansen, global warming expert, delivered a missive to the Green Chameleon, Tim Pawlenty, to act on global warming and stop the Big Stone II coal plant:

Letter to Pawlenty from Dr. James E. Hansen

Here’s a few choice quotes, highlighting how far the Green Chameleon’s policies are from what’s necessary:

“Grandfathering” of fossil fuel plants and any ineffectual “cap and trade” scheme, should it be initiated, will necessarily be replaced by “cap and bulldoze”. Coal use must be eliminated unless and until technology is available with near-zero emissions.

and:

Governor Pawlenty, building Big Stone II, a conventional coal-fired power plant would expose ratepayers and Minnesota to grave financial risk. Steeply rising construction costs and coal prices are themselves ratcheting up the cost of coal-fired electricity, and sure-to-appear legislation that demands elimination of CO2 emissions will drive costs much higher. Any assumption about possibly retrofitting the plant for CO2 capture is a dubious and financially risky proposition.

and:

Specifically, a strong clear public statement by you against proceeding with construction of Big Stone II could be a turning point for Minnesota. It would provide a boost toward a future focused on renewable energies and energy efficiency, and the high-quality jobs that will be associated with that direction. Big Stone II, in contrast, poses severe risks for Minnesotans due to escalating capital costs, penalties for uncaptured CO2 emissions, and environmental damage from changing climate as well as regional pollutants such as mercury.

Here is an article yesterday from the West Central Tribune in Willmar:

NASA scientist asking Pawlenty to stop Big Stone II power plant project

and in the STrib:

Top scientist objects to coal-based power plant

and on MPR:

NASA scientist asks Pawlenty to oppose coal power

The link was on the Fresh Energy site and they held a press conference and here’s their press release — good job all around! Great news coverage!

You can find Dr. Hansen’s papers HERE.

Question — why is it that it takes someone from NASA to do what each of us should be doing… holding Pawlenty, the Green Chameleon, accountable!! THIS ISN’T ROCKET SCIENCE — this is a simple matter of knowing what it takes to cut CO2 emissions. Cutting CO2 emissions won’t happen by allowing 10 million tons annually! You have to CUT them… how much will it take to undo that 10 million ton nod to coal? When you’ve got toadies on parade, those “environmental” members of the Green Chameleon’s Gasbags who want to exempt Big Stone II and Mesaba from CO2 regulation, what gives?

GREENHOUSE GASBAGS - MCCAG MEMBERS

Why are they doing that and not holding Pawlenty accountable and demanding ACTION, not just yammering. I get so tired of all this hot air about global warming. Let’s take a cue from Hanson, do our share, and let Pawlenty know what we think. First, send in comments on the Climate Change Action Group recommendations:

HERE’S THE REPORT - in small pieces

CLICK HERE FOR PAIN IN THE ASS COMMENT FORM

Just for yucks, and to make sure they go in (there’s been problems with the “comment form” system), send to:

edward.garvey@state.mn.us

david.thornton@state.mn.us

And then call Pawlenty and tell him what you think. From his site:

To contact Governor Tim Pawlenty and Lt. Governor Carol Molnau, please write, phone, fax or e-mail.

Governor Tim Pawlenty

Office of the Governor
130 State Capitol
75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

Telephone: (651) 296-3391
Toll Free: (800) 657-3717
Facsimile: (651) 296-2089
E-mail: tim.pawlenty@state.mn.us

So, that’ll keep ya busy for a while!

Categories: Citizens

Prairie Island nuclear plant relicensing

Thu, 04/24/2008 - 8:53am
Still no license renewal application for the Prairie Island nuclear plant.

I’m on the way to the Post Office to check the P.O. Box…

Categories: Citizens

Xcel, NMC won’t cough up nuclear application

Tue, 04/22/2008 - 11:40am

Here’s Queen Kenya relaxing with the Prairie Island reactors in the background.

WTF is with these guys? Can you believe it? I’ve spent a week now trying to get a copy of the application — the application for relicensing of Prairie island Nuclear Generating Plant. The company sends out a press release (CLICK HERE) and gets media coverage, I heard about it via STrib and MPR, and have been trying to get the application ever since.

Xcel’s Prairie Island page with nada about relicensing, not a single link

Here’s Monticello Relicensing Page - so WHERE’S PINGP’S?

Why do I want the application? Oh, just to check it out and see if there’s anything interesting. Like I need more on the bursting nuclear shelf in my office… but it’s here in Red Wing and I really should know what’s going on.

Oh, silly me, when I asked, I expected it would be like all the others. But NOOOOOOOOOOOOOOO… first they resist, then I get word from both Chris Clark, King Grand Pooh-Bah Esq. at Xcel; and from Mike Wadley, Chief Broom-pusher, Plant Manager, and VP of All Things Prairie Island, that they were on it.

…. sigh… here’s what I got an hour ago:

Dear Ms. Overland:

I understand that you are interested in reviewing the Prairie Island Nuclear Generating Plant’s license renewal application. We have verified with the Red Wing Public Library, 225 East Avenue, Red Wing, that a copy of the document is available at the library for pubic review.

Thank you,

Kelli Huxford
Communications Consultant
Prairie Island Nuclear Generating Plant
651-388-1121, ext. 4967
Nuclear Energy—Safe, Clean, Reliable, Affordable

Ummmmm… I don’t think so…

My reply to poor Ms. Huxford, who I’ve not dealt with before, copied to the world:

It’s unfortunate that they put you in the position of being the courier, but once more, with feeling, I am not interested in “reviewing” the application at the Red Wing library.

I want a hard copy of the application that I can write in and put post-its on and write about.
I think I’ve been very clear about this in my numerous communications with NMC, Xcel and the NRC.

In numerous proceedings I’ve represented clients and been personally involved in state and federal administrative, legislative, media and court proceedings opposing Xcel projects (and in the Mesaba case working with Xcel), and historically, Xcel routinely produces applications for interested parties. Xcel’s and NMC’s resistance to producing a copy of this application is making me wonder if I should take on Prairie Island relicensing as a personal project.

If it helps, I’ll come out to the plant and pick it up, as I did with the SW Minnesota transmission study.

I look forward to having one in my hands SOON. Mike Wadley knows well where I live and can drop one off on the way to today’s powerlunch! The porch is open.

This is absurd to take a week to get this out. There’s no legitimate excuse for this. I’m losing my patience.

xoxoxoxoxox,

Carol

What is going on here? Whatever are they thinking?

Categories: Citizens

Wadley, Site VP, Prairie Island NGP to rescue???

Sun, 04/20/2008 - 8:05pm

Seems Mike Wadley, Site V.P. at Prairie Island Nuclear Generating Plant, heard the squeaky wheel, joined now by several other squeaky wheels, and will dig around and find out what’s up with the Prairie Island relicensing applications.  Sounds like one is at the Red Wing library.  I’m holding out for a hard copy, as I told him, I think I deserve on, each of the 4-5 volumes in a gold plated binder.  We’ll see…

Categories: Citizens