OAH
Docket No. 8-2500-19094-2
MPUC Docket No. PL9/CN-07-464 (Certificate of Need)
MPUC Docket No. PL9/PPL-07-360 (Route)
MPUC
Docket No. PL-9/CN-07-465 (Certificate of Need)
MPUC
Docket No. PL-9/PPL-07-361 (Route)
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE PUBLIC UTILITIES COMMISSION
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In the Matter of the Application of Enbridge
Energy, Limited Partnership and Enbridge Pipelines (Southern Lights) LLC for
a Certificate of Need for the Alberta Clipper Pipeline Project and the
Southern Lights Diluent Project and In the Matter of the Application of Enbridge
Energy, Limited Partnership and Enbridge Pipelines (Southern Lights) LLC for
a Routing Permit for the Alberta Clipper Pipeline Project and the Southern
Lights Diluent Project |
ORDER
certifying motion
to commission and
SECOND PREHEARING ORDER |
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A prehearing conference was held on October 18,
2007, at 1:00 p.m. in the Commission’s large hearing room before Administrative
Law Judge Eric L. Lipman. The following
persons noted their appearance:
Kevin Walli, John R. Gasele and
Thomas Pearson of Fryberger, Buchanan, Smith & Frederick, P.A.,
Valerie M. Means and Karen
Finstad Hammel, Office of the Attorney General, 445 Minnesota Street, Suite
1400, St. Paul, MN 55101, appeared on behalf of the Department of Commerce
(the DOC).
Also present at the prehearing
conference were:
Robert Cupit and Bret Eknes,
Minnesota Public Utilities Commission, Suite 350, 121 East Seventh Place, St.
Paul,, MN 55101-2147, on behalf of the Public Utilities Commission (the
Commission or MPUC).
Larry Hartman and Deborah Pile,
Minnesota Department of Commerce, 85 7th Place East, Suite 500, St.
Paul, MN 55101-2198.
On October 3, 2007, Applicants Enbridge Energy
Limited Partnership and Enbridge Pipelines (Southern Lights) L.L.C., moved for
an order regarding separation of Minnesota Public Utilities Commission (“Commission”)
Docket No: PL9/PPL-07-361 from OAH Docket No. 8-2500-19094-2, requesting that
the October 10, 2007 deadline for the submission of route proposals for the
above-referenced docket be waived for the areas south and east of Clearbrook, Minnesota,
establishing a new calendar, and certifying a question to the full Commission.
Based upon the discussions during the prehearing
conference, the submissions of the parties and upon all of the files, the
Administrative Law Judge makes the following:
certification of motion
Pursuant to Minn. Rule 1400.7600, motions
may be certified to the agency in circumstances where a delay in finally
determining the motion “until after the hearing would render the matter moot
and impossible for the agency to reverse or for a reversal to have any meaning”
or “the issues are solely within the expertise of the agency.”[1]
In
this proceeding the applicant requests to extend the schedule for completing
proceedings under the Commission’s dockets
PL-9/CN-07-465 and PL-9/PPL-07-361. The applicants’ requested relief relates
directly to the terms of the Commission’s earlier referral orders, making certification appropriate.
Accordingly, the following questions are certified to the Commission:
(1)
Whether the
nine-month statutory deadline for the issuance of the Routing Permit for the
Alberta Clipper and Southern Lights Diluent Projects under MPUC Docket Number
PL9/PPL-07-361 should be varied from March 22, 2008 to July 22, 2008?
(2)
Whether the
twelve-month statutory deadline for the issuance of the Certificate of Need for
the Alberta Clipper and Southern Lights Diluent Projects under MPUC Docket
Number PL9/PPL-07-465 should be varied from June 22, 2008 to July 22, 2008?
(3)
Whether the
October 10, 2007 deadline for the submission of Route Proposals for MPUC Docket
No. PL9/PPL-07-361 should be suspended for areas south and east of
The ALJ makes no recommendation to the
Commission concerning the the applicant’s request for relief. However, by
way of a Second Prehearing Order that accompanies this Certification, the
Administrative Law Judge has entered a Scheduling Order in the various dockets
such that granting the applicant’s request would be possible, should the
Commission otherwise determine that granting the request was appropriate.
Any further filings concerning this Motion
shall be made directly to the Commission.
SECOND
PREHEARING ORDER
Based upon the discussions during the prehearing
conference, the submissions of the parties and upon all of the files, the
Administrative Law Judge makes the following ORDER:
Accordingly, the following questions are certified to the Commission:
(1)
The motion to
sever Docket No: PL9/PPL-07-361 from OAH Docket No. 8-2500-19094-2 is DENIED.
(2)
The First
Prehearing Order is modified as set forth below.
(3)
The parties are
directed to submit further proposed changes to this Order, if any, by Friday,
January 11, 2008, in advance of the Third Prehearing Conference scheduled for
January 17, 2008 at 1:00 p.m.
(4)
The Applicant
will publish notice in a form to be approved by the Administrative Law Judge in
newspapers of general circulation in the areas north and west of
Below is an abbreviation key
for the accompanying Scheduling Order:
|
ABBREVIATION |
FULL PROJECT NAME |
MPUC DOCKET |
|
LSR CON |
LSr Certificate of Need |
PL9/CN-07-464 |
|
LSR PRP |
LSr Pipeline Routing
Permit |
PPL-07-360 |
|
AC CON |
|
PL9/CN-07-465 |
|
AC PRP |
|
PPL-07-361 |
Further, rows that are
followed by a Gray Box and an “X” correspond to dates and activities for proceedings
that relate to areas north and west of
|
DATE |
DEADLINE |
DOCKETS INVOLVED |
N
& W |
|
|
October 30, 2007 |
Route Proposal review and
reply |
LSr PRP AC PRP: NW of Clearbrook |
X |
|
|
October 30, 2007 |
PUC consideration of
alternative routes (as noticed by the PUC on October 18, 2007) |
LSr PRP AC PRP: NW of Clearbrook |
X |
|
|
November 5, 2007 |
PUC order on accepted
route alternatives |
LSr PRP AC PRP: NW of Clearbrook |
X |
|
|
November 5, 2007 |
Notice process for LSr and
AC NW of Clearbrook. Notice mailed to
landowners and newspaper publication process started. |
LSr PRP LSr CON AC PRP: NW of Clearbrook AC CON: NW of Clearbrook |
X |
|
|
November 9, 2007 |
Pre-filed direct testimony
for the Pipeline Routing Permits |
LSr PRP AC PRP: NW of Clearbrook |
X |
|
|
November 9, 2007 |
Comparative environmental
analysis of route alternatives |
LSr PRP AC PRP: NW of Clearbrook |
X |
|
|
November 26-29, 2007 |
Public Meetings and
Hearings in Kittson, Marshall, |
LSr PRP LSr CON AC PRP: NW of Clearbrook AC CON: NW of Clearbrook |
X |
|
|
December 6, 2007 |
Deadline for intervention
as a party in the LSr pipeline routing permit |
LSr PRP |
X |
|
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December 14, 2007 |
Deadline for public
comments in the LSr certificate of need |
LSr CON |
X |
|
|
December 21, 2007 |
Deadline for responses to
public comments on the LSr certificate of need and pipeline routing permit. |
LSr PRP LSr CON |
X |
|
|
December 21, 2007 |
Deadline for all parties
to file rebuttal testimony in the LSr certificate of need |
LSr CON |
X |
|
|
January 4, 2008 |
Surrebuttal testimony in
the LSr CON |
LSr CON |
X |
|
|
DATE |
DEADLINE |
DOCKETS INVOLVED |
N
& W |
|
January 7, 2008 |
|
AC PRP: SE of Clearbrook |
|
|
January 17, 2008 |
3rd Pre-hearing
conference |
LSr PRP LSr CON AC PRP AC CON |
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|
January 18, 22, 2008 |
Contested Case Proceeding |
LSr CON |
X |
|
February 1, 2008 |
Post-hearing briefs filed
in the LSr CON |
LSr CON |
X |
|
February 5, 2008 |
Route alternatives for |
AC PRP: SE of Clearbrook |
|
|
February 8, 2007 |
Reply briefs due |
LSr CON |
X |
|
February 20, 2207 |
Route proposal review and
reply |
AC PRP: SE of Clearbrook |
|
|
February 28, 2008 |
PUC Consideration of
alternative routes |
AC PRP: SE of Clearbrook |
|
|
March 6, 2008 |
PUC Order regarding
alternative routes |
AC PRP: SE of Clearbrook |
|
|
March 7, 2008 |
Notice process for |
AC PRP: SE of Clearbrook AC CON |
|
|
March 10, 2008 |
ALJ Report for the LSr
Project |
LSr: PRP LSr: CON |
X |
|
March 11, 2008 |
Pre-filed testimony in the
|
AC PRP: SE of Clearbrook |
|
|
March 11, 2008 |
Comparative environmental
analysis of route alternatives |
AC PRP: SE of Clearbrook |
|
|
March 31 to April 3, 2008 |
Public Meetings and
Hearings in |
AC CON AC PRP: SE of Clearbrook |
|
|
DATE |
DEADLINE |
DOCKETS INVOLVED |
N
& W |
|
|
April 8, 2008 |
Deadline for intervention
as a party |
AC PRP |
|
|
|
April 15, 2008 |
Deadline for public
comments for the certificate of need and pipeline routing permit |
AC CON AC PRP |
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April 22, 2008 |
Response to public
comments |
AC CON AC PRP |
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April 22, 2008 |
Rebuttal testimony due in
the certificate of need matter |
AC CON |
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May 6, 2008 |
Surrebuttal testimony due |
AC CON |
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May 13-14, 2008 |
Contested Case Hearing |
AC CON |
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May 21, 2008 |
Post-hearing briefs due |
AC CON AC PRP |
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May 28, 2008 |
Reply briefs due |
AC CON AC PRP |
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June 23 or 24, 2008 |
ALJ Report |
AC CON AC PRP |
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IV. Hearing Schedule for November 27-29
The following dates, times, and locations are
established for the public meetings and hearings to be held on November 27-29,
2007.
|
COUNTY |
CITY |
MEETING LOCATION |
DATE AND TIME |
|
Kittson |
Kennedy |
VFW & Café |
Tuesday, Nov. 27, 10:00 a.m. |
|
|
Argyle |
|
Tuesday, Nov. 27, 5:00 p.m. |
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Oklee |
Oklee Community Hall |
Wednesday, Nov. 28, 10:00 a.m. |
|
Pennington |
|
Best Western Meeting Room 1060 Highway 32 South |
Wednesday, Nov. 28, 5:00 p.m. |
|
Polk |
Gully |
|
Thursday, Nov. 29, 9:00
a.m. |
|
|
Clearbrook |
City Hall Band Room |
Thursday Nov. 29, 5:00
p.m. |
These hearings will establish the complete public
hearing record for the LSr Certificate of Need and Pipeline Routing Permit
applications, as well as begin (but not conclude) the public hearing record for
the Alberta Clipper and Southern Lights Diluent projects.
Dated: October 25, 2007 _s/Eric L. Lipman_____________________
ERIC
L. LIPMAN
Administrative
Law Judge