OAH 2-1013-20294-2

PUC E002/TL-08-956

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE DEPARTMENT OF COMMERCE

OFFICE OF ENERGY SECURITY

 

 

In the Matter of the Route Permit Application for a 115/69 kV Transmission Line Rebuild from a Newly Proposed West New Ulm Substation to the Existing Fort Ridgley Substation

 

SUMMARY OF PUBLIC TESTIMONY

          A public hearing in this matter was held March 24, 2009, before Administrative Law Judge Raymond R. Krause at the New Ulm Civic Center, 1212 N. Franklin Street, New Ulm, Minnesota.  The hearing was held pursuant to a Notice of Public Hearing and Availability of Environmental Assessment issued March 3, 2009.

          Valerie T. Herring, Attorney at Law, Briggs and Morgan, 2200 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402, appeared for and on behalf of the Applicant.  Scott Ek, Project Manager, 85 7th Place East, Suite 500, St. Paul, MN 55101, appeared for and on behalf of the Energy Facility Permitting Staff, Office of Energy Security, Department of Commerce.

          Nine members of the public attended the hearing and signed the hearing register.  They were advised that, in addition to any comments at the hearing, they could also submit written comments to the Administrative Law Judge by April 6, 2009.

          Mr. Ek described his role in the process and that of the Energy Permitting Unit.  He described the Environmental Assessment he had prepared.  He submitted Exhibits 1 through 15.

          Ms. Herring from the law firm of Briggs and Morgan introduced herself as representing Xcel Energy in this matter.  She also introduced Timothy Rogers, Permitting Analyst; Brad Hill, Transmission Planner; and Brian Mielke, land rights agent for this project. The environmental consultant on this project, Joe Sedarski, was introduced as well.

          Mr. Rogers then offered his pre-filed testimony as an exhibit.  This was accepted as Exhibit 16 and made a part of the record.  He then described his role in this project, the route of the transmission line, the construction methods that would be used, and the schedule for the project.

          Mr. Rogers outlined three proposals for deviation from the original application.  First, the town of Milford suggested an alternate site for the New Ulm substation.  Mr. Rogers indicated that this alternative was acceptable to Xcel.  Second, he described a proposal from the Roberts family that would site the line in a location that would not bisect their property.  He indicated that Xcel was agreeable to that proposed alternative as well.  Third, he responded to a proposal from residents of 23rd Avenue in New Ulm to have that portion of the line put underground.  Mr. Rogers discussed the reasons that Xcel did not find this alternative to be acceptable.  He cited additional cost for installation and maintenance of an underground line as a major factor.  He also said that if problems do occur in an underground line, the down time before power can be restored for customers is greater than for an above ground line.

          There were then several questions and comments from the public.  Frederick Juni and Michael Dove, members of the Milford Town Board spoke in favor of the Milford alternative substation site.  Mr. Tim Anderson, a resident of 23rd Street, expressed concern about the overhang of the power lines over his property.  Mr. William Huelskamp, also a resident of 23rd Street proposed that Xcel consider a different route that would avoid this residential area.  Chris DeVries reiterated the concerns expressed by Mr. Huelskamp and Mr. Anderson.

          Written comments were sent by Scott Rolloff on March 27, 2009.  His comments expressed safety concerns about the transmission line going through the residential area of 23rd Street.  Timothy and Maria Anderson submitted comments in writing on April 1, 2009.  Their comments expanded on their health concerns raised orally at the hearing.  They questioned why the savings from adopting the Milford Alternative Site could not be used to change the transmission line route to avoid 23rd Street.  On April 2, 2009, Chris DeVries submitted written comments regarding his concerns about the health and safety aspects of the proposed line on 23rd Street.  He also questioned whether there would be compensation to property owners on 23rd Street whose property values were diminished by the power line and towers.

          Mr. Dove sent written comments from the Milford Town Board in support of the Milford Alternative Site.  The Town Board met and formally adopted the comments submitted by Mr. Dove.

          Mr. Richard Runck submitted comments expressing concern about the choice of the Milford Alternative site.  He questioned the need for 10 acres of land and whether sufficient thought had been given to road safety near that site.

          The Public Utilities Commission of the City of New Ulm filed comments prior to the close of the record.  The Commission supports the project in general but has concerns about the portion of the line running through 23rd Street.  The Commission suggested two alternatives, either to place the line underground or to modify the pole design.

          Finally, the Minnesota Department of Natural Resources also filed comments.  Matt Langan, Environmental Planner for the Department explained the Department’s concerns about the proximity of the route and the substation to the Somsen Wildlife Management Area.

Dated:  April 13, 2009

 

                                                               s/Raymond R. Krause

RAYMOND R. KRAUSE

Chief Administrative Law Judge

 

 

Reported:     Shaddix and Associates

                    Christine Munson, Court Reporter

                    Transcript Prepared.

                    Exhibits 1- 23.