Carol Overland - Legalectric

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Carol A. Overland, Overland Law Office -- Utility Regulatory and Land Use Advocacy
Updated: 5 min 50 sec ago

More transmission? They’re nuts!

Mon, 08/19/2019 - 7:02pm

I saw this today and it’s nauseating.

First there was CapX 2020 transmission (following Arrowhead transmission, which was supposed to be the be-all and end-all of transmission)(and the SW MN 345kV line, precursor to CapX 2020. CapX transmission was based on a forecasted 2.49% increase in demand, which as we know, didn’t happen.

And there was the MISO 17 project MVP Portfolio:

Tomorrow, the Wisconsin Public Service Commission is making its decision regarding the Cardinal-Hickory Creek project, the southern part of #5 above, and the LAST of the MVP projects to go through state administrative approval.

So today, this is in the STrib:

Minnesota utilities will study if the $2B CapX2020 grid improvements were enough

The study beginning in January will look at whether renewable energy goals and other factors will bolster need to build out more improvements on transmission grid. 

By Mike Hughlett Star Tribune AUGUST 19, 2019 — 3:05PM

Photo: DAVID JOLESA utility worker assesses electrical power lines in south Minneapolis.

Minnesota’s largest power companies and several other Upper Midwest utilities will study how their transmission network must be bolstered to meet increasingly aggressive renewable energy goals.

The study is being launched at a time when space on the region’s Midwest’s grid is already tight — even after a $2 billion transmission expansion that was completed just a couple of years ago.

That project, called CapX2020, was the work of Xcel Energy, Great River Energy, Minnesota Power, Otter Tail Power and seven other electricity providers in Minnesota, Wisconsin and the Dakotas. CapX2020 took over seven years to complete and included 800 miles of new high-voltage lines.

Ten of the 11 utilities involved in the earlier project Monday announced the “CapX2050” study, which they are aiming to complete in January. The study “will look at maintaining a safe, reliable and cost-effective electric grid as the system adds more carbon-free energy,” the utilities said in a statement.

CapX2020 was the largest transmission project in the Upper Midwest since the 1970s, and it was aimed partly at freeing up power line capacity for burgeoning renewable energy production.

The U.S. electrical grid was built to serve large centralized power plants, but wind and solar farms are more dispersed, often requiring transmission build outs. Xcel has stated plans to produce 100% carbon-free power by 2050, while other utilities also are planning for significantly more renewables.

Also, Minnesota’s DFL Party has strongly backed raising Minnesota’s overall carbon-free energy goal to 100% by 2050.

The CapX2020 project isn’t enough to meet those long-term needs and the grid is essentially “at capacity,” an energy analyst at the Union of Concerned Scientists told the Star Tribune last year.

Xcel’s latest long-term resource plan, filed this spring, came to a similar conclusion. “Many of these (CapX2020) lines planned in the early 2000s and completed over the recent past are already fully-or-nearly-fully subscribed,” the plan said.

So that said, here’s Xcel Energy’s Integrated Resource Plan’s Appendix on transmission:Xcel IRP – Appendix I – Transmission & Distribution – from 20197-154051-03Download

The schedule for IRP hearings was just released, it’s in October, so there’s time to make time for it:

We know Xcel Energy gets a “handsome” rate of return for transmission capital expenditures (hence “CapX transmission), so of course they want to build more. The IRP is our time to tell them how they should get the electricity they need, whether their plans are making any sense.

How about shutting down some of those coal plants, and freeing up some capacity? How about siting solar on every rooftop, over every parking lot, putting the generation at load so we don’t need transmission? Oh, but wait, that makes too much sense, especially where a utility wants to keep control of the generation, and the expenditures, and rake in the dough.

Time to pay attention to the IRP. URP!

Categories: Citizens

Notice – IRP Hearings in October

Fri, 08/16/2019 - 11:51am

The Minnesota Public Utilities Commission has announced hearings for the latest Integrated Resource Plan:

Here’s the full Notice, and there’s info on how to get into the docket to review the filings — important to know what to comment about!!

20198-155241-01_Hearing NoticeDownload
Categories: Citizens

Dodge Co. Wind – Request to Suspend Schedule, and WITHDRAW xmsn application

Wed, 08/14/2019 - 3:17pm

Oh my… just in, a request to suspend the permitting schedule for Dodge County Wind, the Certificate of Need, the wind site permit, and to WITHDRAW the transmission route permit!

There are 3 Dodge County Wind dockets, a Certificate of Need (17-306), wind siting (17-307), and transmission (17-308).  Process wise, it goes to PUC for approval, and the PUC will probably announce a comment period in all 3 dockets. Then Commission will meet, and approve the withdrawal of the transmission without prejudice, so they can refile when they have a workable plan. That withdrawal process will take some time.

That time is an issue, because I don’t see any way they can come up with a transmission plan and get it through the MISO transmission studies to get a permit and start construction by year end.  Tax credit implications — they have a problem. 

As to the suspension of Certificate of Need and wind siting application proceedings, I’d like to see them dismissed without prejudice also, not suspended, gumming up the works at the Commission.  We shall see.

This transmission was absurd from the get-go, a 345kV line with what, a 2,200MVA capacity, for a 170 MW project? They said it was part of a regional interconnection, from the application:

Oh, really? Don’t see it in the MISO MTEP. It’s not… and it’s a radial line, and you just don’t build short radial 345kV lines!

Here are Dodge County Wind’s requests for suspension and withdrawal:

DCW+Motion+to+Suspend+Procedural+ScheduleDownload 20198-155194-01_Withdrawal_TransmissionDownload

“On August 9, 2019, DCW withdrew its MISO interconnection queue position no. J441, because of the significant interconnection costs associated with that queue position.”

Oh my… what does the MISO DPP Report have to say about that? Just search this report, issued July 25, 2019, for “J441.”

I figured the PUC should have that MISO report in the record:

Overland Comment_Suspension and Withdrawal of Dodge County Wind 8-14-2019Download GI-DPP_2017-FEB-West_Phase2_System_Impact_Report_Public366110Download

And check out the summary page on p. 149 of the 150 page pdf.

After getting the 345kV route alternatives “C” and “D” ejected, not to be considered in the FEIS, this is just the icing on the cake!!

Dodge Center Xmsn – Mission Accomplished!

Here’s some background info from just over a year ago:

Dodge County Wind info presentation July 29th, 2018

From the very beginning, with Dodge County Concerned Citizens working hard to inform people of the project, all three dockets, and Dodge Center’s Tom Applegate going door to door and encouraging people to write comments and send photos showing how the transmission line would affect their neighborhood in Dodge Center, this public input helped call the entire project into question.  With the DEIS rejecting transmission alternative routes C and D, and with the MISO interconnection study showing so many network upgrades needed at a very high cost, this project is no longer viable.  The people affected by this project have had a tremendous impact.

Categories: Citizens

Wackadoodle theories on Epstein

Sun, 08/11/2019 - 1:32pm

There are bizarre theories that the Clintons took care of Epstein. Clintons? Clintons are history, and remember BENGHAZI (no indictments after 4 years of digging around) and the bizarre “Pizzagate” conspiracy theory (fabricated by “Social media users on a popular Reddit forum dedicated to Donald J. Trump and 4chan’s far-right fringe message board searched the releases for evidence of wrongdoing“) and the actual shoot-em-up at the Not-so-OK corral (which I’d guess is a mirror reaction of those actually engaging in child sex trafficing, and what inspired the shooter to shoot up the place).

How can you speculate without a look to he who has most to lose, he who lies like a rug, since his Atlantic City cashino days is known to be a fraud, is an admitted nationalist and one who incites violence (it’s a matter of record, over and over), he who is actively being charged sued for sexual abuse and rape, he who is under investigation now, he who was surrounded by those who have been arrested, waiting for trial, tried and found guilty, and/or jailed, a record number in any administration. And remember, Billy was already impeached for lying under oath and obstruction regarding far lesser things that those for which he who they don’t name is under investigation. Willful ignorance at best.

We’ve seen the pleadings claiming threats to Plaintiff accusing Epstein and tRump of rape. And I’d forgotten about tRump and Guiliani’s many threats to Michael Cohen and his family. DOH!

Diversion won’t help the Pedophile/Rapist/Racist-in-Chief, his M.O. has been known for decades. But you who are diverting, and you know who you are… What’s your basis, and how do you justify this to yourself? And most importantly, what are you doing to fix this fine mess you got us into?

Categories: Citizens

URGENT – how to help in Mississippi

Thu, 08/08/2019 - 1:58pm

There are organizations working on helping with dealing with the mess of the ICE raids yesterday at Peco and Koch chicken processing plants, where workers were hauled out of the plants on the first day of school. Some people scooped up have been released, some are being “processed” in Jackson, MS, and some are being shipped off to Louisiana for further “processing.” Meanwhile, many children were released from school and finding a parent or parents are nowhere to be found.

For affected families, call 978-997-3300 (thanks to Southeast Immigrant Rights Network).

CLICK HERE to donate to ACLU, they’re on this NOW!

CLICK HERE to donate to Mississippi Immigrant Rights Alliance.

Volunteer attorneys needed — CLICK HERE – and other volunteers too — Mississippi Center for Justice

Mississippi Center for Justice – what they’re doing

CLICK HERE to donate to Mississippi Center for Justice

Mississippi Center for Justice will be issuing press release soon, and will post when received.

Southeast Immigrant Rights Network is helping on the ground. They created this form for anyone wanting to help fill out, even if not in MS or if not Spanish speaker. Share widely

Categories: Citizens

Minnesota tRump Donors

Wed, 08/07/2019 - 8:28am

Minnesota tRump Donors – the Who’s Who of who’s responsible for this train wreck of an administration. These are the folks wanting to see even more of this. YOU HAVE HEIGHTENED RESPONSIBILITY TO FIX THIS!

Minnesota Donors – Donald J Trump for President CommitteeDownload

Much ado about Castro’s release of this info for his area. WHAT!??! It’s public information. And apparently tRump has a problem with this public information being public. From the guy who refuses to release his tax returns (because we’ll see that he’s not nearly as rich as he wants us to think he is, and because we’ll see the scams he’s been pulling). When you donate to a candidate, you have to provide information on you, on your employer, because it’s a public database, and public means, well, PUBLIC. It’s called transparency.

Categories: Citizens

Court says NO to asylum rule

Sun, 08/04/2019 - 2:47pm

Remember tRump’s asylum rule, released and effective the same day?

Official release in Federal Register 7/16/2019

And the the following day:

ACLU sues on asylum rule

And now, for the Court’s Order, in the D.C. Circuit, the bottom line:

Trump rule restricting asylum seekers struck down by court

From the opinion:

As explained below, the Court first holds that it has subject-matter jurisdiction, and that Plaintiffs have Article III and zone of interests standing to challenge the Rule. The Court also holds that the Rule (in conjunction with the Proclamation) is inconsistent with 8 U.S.C. § 1158. Those three conclusions end the required inquiry: Because the Rule is contrary to law and must, as a result, be set aside, 5 U.S.C. § 706(2)(A), the Court need not consider Plaintiffs’ alternative legal challenges.

Here’s the full Order:

Moss-DCCircuit_Asylum RuleDownload

What’s really bothering me about this is that these overbroad tRUmp pipedreams are issued, and over and over and over, each of them MUST be challenged, because if not challenged, they stand. What a waste of time and resources. Oh well. tRump shot down on this one too!

Categories: Citizens

Trump must go!

Sun, 08/04/2019 - 2:06pm

He said he was a snake. And he said it again. And he said it yet again. When someone lets you know who they are, believe them. He said he was a nationalist. Asked if it concerns him that “many people saw that tweet as racist and that white nationalist groups are finding common cause with you on that point?” “It doesn’t concern me because many people agree with me…” Yup, racists and white nationalists agree with him, share that vile mindset. When someone repeatedly spouts hateful rhetoric spewed against immigrants, anyone not white, anyone not agreeing with his hateful rhetoric, and issues a pre-election “Statement Preventing Muslim Immigration” believe that’s his goal (noting that he removed it from the site the day before federal arguments, which btw, he LOST):

When someone issues Executive Orders attempting to eliminate entry to this country, Executive Order 13769 and Executive Order 13780 , over and over (with most of those Orders tossed out be federal courts) believe their intent is to exclude. When someone issues a rule, effective immediately, stopping most asylum claims allowed under federal law (yet another challenge required, and struck down by court), believe their intent is to illegally prevent asylum claims.

It’s time for impeachment — beyond time for impeachment — this has gone on too long. Here are the STEPS FOR IMPEACHMENT.

Those steps are:

  • House Judiciary Committee – Inquiry of Impeachment Resolution
  • Full House – Majority Vote to Authorize Investigation
  • House Judiciary Committee Investigation
  • House Judiciary Committee – Vote on Resolution of Impeachment – Articles of Impeachment
  • Full House vote on Articles, all or separately
  • Senate Opens Trial
  • Senate issues Summons to President/Defendant
  • Senate Trial – evidence, witnesses, cross examination
  • Senate Deliberates in closed session
  • Senate votes in open session on Conviction. Conviction requires 2/3 votes. Conviction on 1 or more Articles results in removal from office. There is no bar additional legal proceedings against President.

Minnesotans – get out the phone! Here’s contact info for Minnesota’s Delegation — the ones to urge along the path. We need to get this moving. Time for an “Inquiry of Impeachment Resolution.” Call them regularly!

Categories: Citizens

The Snake-in-Chief and Civil War in U.S.

Sun, 08/04/2019 - 9:37am
Dayton, OH last night

How many have to die before this is declared a Civil War? Think it’s not a Civil War? What would you call it? There’s a fatal epidemic of domestic terrorism, white nationalists, white supremacists, shooting up the U.S. Just this week, they targeted Dayton, Ohio; El Paso, Texas; and Gilroy, California. How many have died at the hands of white nationalists?

We have #notmyPresident who has declared himself a “nationalist,” openly, publicly, and repeatedly, inciting fear, hate and violence, encouraging and inflaming fearful and insecure white males to use the U.S. as their shooting gallery, to use people as their targets. tRump is directly and overtly inciting violence against immigrants and anyone who isn’t white. He is using Executive Orders, administrative and criminal process, and jails as weapons.

tRump flashing signs, as always

Even Newsweek draws the parallel between tRump and violence:

Trump Administration Is ‘Facilitating and Enabling’ Youth to Commit ‘Terrorism,’ Ex-FBI Official Says After El Paso Shooting

[Legalectric comment — it is NOT “youth,” it’s open, public agitating and inciting, not age specific.]

“He’s the father figure, he’s giving the license, he’s facilitating and enabling. What we need is the similar figure — the President — to come out immediately, once this is confirmed, and say, ‘I stand for something other than hate, I rebuke all the hatred going on here,'” he continued. “Until we see the figure do that, that’s giving the license, we’ll continue to have this hate problem.”

“His writing is filled with hatred,” Figliuzzi noted, referring to the manifesto, “he calls Mexicans and others invaders, he thinks they are taking jobs from people. He thinks it’s up to him to take action. We need to understand that.”

“About half the FBI’s terrorism cases right now, as we speak, are actually this stuff, the domestic stuff,” he added. “That is extremely disturbing.”

This is not new. tRump was inciting during the campaign, and many people who voted for him wanted this. There’s a heightened responsibility on all who voted for him to deal with this, to fix it. No excuses. And for all the rest of us, it’s our job too.

He told us he was a snake. You knew, we knew, he was a snake. Poisonous. tRump must go. Resign… Impeach… one way or another, he must go.

Categories: Citizens

IA Side of Freeborn Wind

Fri, 08/02/2019 - 5:33pm

There’s a “Construction Information Session” happening Thursday, August 22, 2019 in Northwood, Iowa. Plenty of time to prepare!

Categories: Citizens

Scarsella rebuffed by MN S.Ct.

Wed, 07/31/2019 - 11:45am

The Minnesota Supreme Court has denied Scarsella’s petition to the Supreme Court. GOOD!

Click HERE for the Minnesota Court of Appeals argument.

Click HERE for Court of Appeals decision (unpublished) State of Minnesota v. Allen Lawrence Scarsella, Case No. A17-1147

MPR: Scarsella gets 15 years for shooting at Jamar Clark protest

I vividly remember seeing that video, it was out there prior to the shooting, and waiting for the 4th Precinct demonstration to explode at the hands of these yahoos. Yes, Scarsella got what he went there for, incited a “justification” for his opening fire. He said what he was going to do, and he did it. The only good news is that he got a 15 year sentence. His appeal, and trying to get to the MN Supreme Court shows his convictions.

Prior posts on Legalectric:

Protesters attacked by white supremacist… again Racist extremists charged today! About the shootings and openly racist threats…

Categories: Citizens

Dodge Center Xmsn – Mission Accomplished!

Tue, 07/30/2019 - 9:20am

The Minnesota Department of Commerce issued the Draft EIS for the Dodge County wind project, and about the “C” and “D” route proposals for a 345kV line through the heart of Dodge Center, they had this to say:

Here’s the full DEIS Narrative:

DEIS 20197-154728-02Download

This is an example of why it’s crucial to get involved early, that comments must be made at the outset before they have moved into evaluating a proposed route, so that they can consider the input of people on the ground in the initial evaluation. Here, at least 14 people weighed in on the impacts of the C and D routes on their homes and their lives, and that message was heard.

Now’s the time for the City of Dodge Center to acknowledge that it was Tom Applegate’s efforts, alerting the City of Dodge Center and the residents effected by this project’s Route C and D possibility, helping generate the many comments that were filed, that made Commerce’s rejection of these routes a reality.

And I sure hope Commissioner Tuma acknowledges what a bad idea routes C and D were and that next time he has a routing idea, that he commits to spend at least an hour on google earth along the route to know what he’s proposing. These two proposed routes were the worst I’ve seen for a 345kV line.

Categories: Citizens

House Requests tRump Grand Jury Info

Sat, 07/27/2019 - 9:01am

And another step moving forward, doing their job:


It’s pretty simple — they need the info to do their job. Come on, just get it moving!!!

And the bottom line:

Categories: Citizens

Zero Waste Act

Sat, 07/27/2019 - 8:27am

Minnesota’s Rep. Ilhan Omar has introduced the Zero Waste Act. Something similar had been introduced by Rep. Keith Ellison back in 2017.


Rep. Omar noted the incineration struggles in Minneapolis, including the Midtown burner, proposed in my old neighborhood, Prestigious East Phillips. From the press conference, linked:

“Waste is toxic. Landfills were responsible for 103 million metric tons of carbon equivalent emitted as of 2011, or 18 percent of all methane emissions,” Omar said. “Waste is also an environmental justice issue. Nearly 80% of incinerators are placed in low-income areas or near communities of color and indigenous lands including North Minneapolis and the Phillips neighborhood in Minnesota’s 5th District.”

Prior posts on the Midtown burner, run out of Phillips, then City of Rockford, then Rockford Township:

Legalectric posts – Midtown Burner

Categories: Citizens

Dance of the Sugarplum Fairy… again!

Thu, 07/25/2019 - 8:57am

— Donald J. Trump (@realDonaldTrump) June 21, 2019

He’s pinning this to the top of his twits. Does he not know? Probably, he is that ignorant. It’s almost as good as:

Categories: Citizens

What tRump is sending out… LIAR!

Wed, 07/24/2019 - 3:46pm

After Mueller’s testimony, this hit the inbox… EXONERATED?!?! “How many times?” How about once. Exoneration? Hasn’t happened yet.

From tRump’s campaign:


It’s been over three months since the Mueller Report was released and Democrats and the Fake News media can’t accept that there was NO COLLUSION, NO OBSTRUCTION, COMPLETE AND TOTAL EXONERATION!

Nothing about the report has changed, so WHY are they still pursuing this Nasty Witch Hunt? It’s time to MOVE ON!

Robert Mueller just finished testifying, and the Democrats and Corrupt Media are going to pull out all the stops to try and TRICK the American People into believing their LIES.

How many times do I have to be exonerated before they stop?

Sadly, this won’t be the end, Carol. The attacks and lies will keep coming because Democrats know they don’t stand a chance against us in 2020. That’s why we need to fight back BIGGER and STRONGER than ever before.

Let’s send a HUGE message to all of the Trump Haters by raising $2,000,000 in the NEXT 24 HOURS.



And just 4 hours later, 7:02, this arrives:


Today’s Mueller hearing proves that Democrats have completely lost touch with reality.

The Mueller Report completely EXONERATED President Trump, but Democrats are still insisting on wasting more of YOUR money on this bogus WITCH HUNT.

President Trump emailed you today during the Mueller Hearing because we already knew what Mueller was going to say – NO COLLUSION, NO OBSTRUCTION!

Democrats have realized that the American people will NEVER embrace their big government SOCIALIST agenda, so they’ve resorted to partisan political games.

Contribute ANY AMOUNT NOW to make sure President Trump has the resources he needs to fight off the lies and attacks from Democrats and the FAKE NEWS. >>

We need to let Democrats know that the American people see right through their charade.

No matter how many baseless LIES Democrats attack him with, President Trump will NEVER stop fighting to Keep America Great.

Please contribute ANY AMOUNT you can to stand with President Trump. 

Thank you,

Team Trump 2020


This is really nuts!!!!

Categories: Citizens

Cardinal-Hickory Decision Matrix

Tue, 07/23/2019 - 11:23am

The Wisconsin Public Service Commission has released the Cardinal-Hickory Creek transmission project “Decision Matrix” where the “he said/she said” nature of these contested cases is so graphically presented.

5-CE-146 Decision Matrix – MASTER v37_0Download

52 pages to start with, where parties detail positions supported with citations. 75 words of narrative per section, plus citations. Due this Friday.

PSC staff did a pretty good job on this, except for not doing enough development of alternatives, particularly where the need case is so weak. Realistic alternatives, both system alternatives and route alternatives, could meet the claimed “need” (which is different than “need”), and should be developed, reviewed, and added in a Supplement to the EIS, so that the Commission could put them in the mix. Without that, there’s no serious consideration.

Cardinal-Hickory Creek: Consumer advocates say line not needed, benefits in doubt

Categories: Citizens

Freeborn Wind, again and again

Tue, 07/23/2019 - 10:59am

Invenergy has sold Freeborn Wind, LLC, to Xcel Energy, well, Northern States Power Company – Minnesota. Sooooo, now they’ve asked the Minnesota Public Utilities Commission to approve the acquisition.

On or about June 14, the day of closing, Invenergy, the developer/old owner, TERMINATED 34 leases and good neighbor agreements covering over 4,470 acres of land.

Exhibit C_Termination of Freeborn LeasesDownload

What does that mean? Well, the project, and project approval, was based on 17,435 acres of leased land, and 4,470 is over 25% of the leased land. In the contested case, it was questionable whether the project had enough land, and there’s even a notation that Invenergy was working on acquiring more land, and we were told over and over again that there wasn’t enough room to make any adjustments, to move any turbines even a little bit! So now, at 75%, can they even build this?

Meanwhile, Xcel/NSPM has said they’ll be requesting a permit amendment, because they’ll be changing 32 Vesta V116 to Vesta V120, larger turbines, longer blades (needing larger 3 and 5RD setbacks) and longer blades equals more noise. They’ve said they’ll file new noise study, shadow flicker, and site plan.

Exhibit B_20197-154049-01Download

In short, the project permitted December 19, 2018 and May 10, 2019, is not the same project.

17-410+Order+Dec 19 2018Download 17-410 Order May 10 2019 20195-152849-01Download

Now this is NOT the same project… there are substantive, material changes… PUC doesn’t seem to care, Commerce doesn’t seem to care…

Association of Freeborn County Landowners is trying to wake up the Commission:

AFCL Motion_Order to Show Cause and HearingDownload

Xcel/NSPM has asked for approval of the acquisition, and the Commission announced a comment period, so here we go:


And read EERA’s Comment — good grief, blinders on the wrong end of the horse:


PUC will take a look at this sometime soon, but likely the NSPM amendment request will come in, IF they file it as planned, before that, as they expected to file in July. We shall see.

Categories: Citizens