7-2500-20283-2

PUC Docket No. ET-2/TL-08-1474

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE PUBLIC UTILITIES COMMISSION

In the Matter of the Application of the Route Permit Application by Great River Energy and Xcel Energy for a 345 kV Transmission Line from Brookings County, South Dakota to Hampton, Minnesota.

SECOND PREHEARING ORDER ON REMAND

On August 18, 2010, Richard C. Luis, Administrative Law Judge (“ALJ”), issued the First Prehearing Order on Remand in this proceeding. In that Order, the ALJ imposed a deadline of October 18, 2010 for receipt of Public Comment. In subsequent proceedings, the ALJ set November 1, 2010 as the deadline for the filing of Initial Briefs.

On October 18, 2010, the Applicants requested that the public comment period be extended to November 1, 2010. The Applicants indicated that the period needed to be extended to allow United States Fish and Wildlife Service (“USFWS”) sufficient time to complete its comment. The Applicants did not request that any other deadline be extended.

A response to the Applicants’ request was received from NoCapX 2020 (NoCapX) and United Citizens Action Network (U-CAN). These parties noted that the USFWS issues being reviewed were “fundamental and likely determinative” and therefore did not object to the requested change in the schedule. NoCapX and UCAN did request that “parties have at least 24, and preferably 48 hours to address any issues raised in a USFWS Comment” in their initial briefs.

Robert and Paula Johnson (the Johnsons) indicated that they had no objections to the extension of time and that they supported the opportunity to reply to the USFWS comment in Initial Briefs.

The Energy Facilities Permitting Unit of the Office of Energy Security (EFP-OES) of the Minnesota Department of Commerce (Department), indicated that it had no object to extending the comment period as requested, but urged that the other deadlines be retained. EFP-OES objected to the Johnsons’ suggestion that the reply period be available for members of the public to comment on the USFWS comment.

Based on the parties’ submissions, the Administrative Law Judge makes the following:

ORDER

The public comment period in this proceeding is extended to November 1, 2010. All public comments must be received by 4:30 p.m. on November 1, 2010. Initial Briefs of the parties must be filed no later than November 8, 2010. Reply Briefs of the parties must be filed no later than November 18, 2010.

Dated this 18^th day of October, 2010.

	Kathleen D. Sheehy for
RICHARD C. LUIS
Administrative Law Judge