Minnesota Office of Administrative Hearings

600 North Robert Street

Saint Paul, Minnesota 55101

 

Mailing Address:                                                                                                                              Voice:        (651) 361-7900

P.O. Box 64620                                                                                                                                   TTY:           (651) 361-7878

St. Paul, Minnesota 55164-0620                                                                                                   Fax:            (651) 361-7936

 

November 10, 2009

 

V. Bruce Stenswick

STREET ADDRESS REDACTED

Eden Prairie, MN 55347

 

 

 

RE:     ITMO the Application for a Route Permit for the Hiawatha Transmission Project; PUC No. E-002/TL-09-38; OAH No. 15-2500-20599-2

 

Dear Mr. Stenswick,

Judge Heydinger has received your letter requesting to intervene in the Route Permit for the Hiawatha Transmission Line Project.  In order to intervene in a proceeding of this type, you must file a Petition to Intervene that meets the requirements set forth in Minn. R. 1405.0900.  A copy of that rule is attached for your reference.  The critical showing for intervention is:

how the petitioner's legal rights, duties, or privileges may be determined or affected by the proceedings, how those rights, duties, and privileges are not otherwise represented, and shall set forth the grounds and purposes for which intervention is sought and shall indicate petitioner's statutory or legal right to intervene, if one should exist.

Petitions for intervention can be objected to by other parties.  Procedurally, a copy of your petition must also be served on all the existing parties as well as filed with the Administrative Law Judge.  At the present time, those parties are: the Applicants, Hennepin County and the Hennepin County Regional Rail Authority, City of Minneapolis, Midtown Greenway Coalition, Crew2, Longfellow Community Council, and Little Earth of United Tribes. The Department of Commerce must also be served.  Each of them will have ten days to respond to your petition, notifying the ALJ if they object.

 

November 10, 2009

Page 2

I have enclosed a copy of the service list, current as of the date of this letter.  The service list for a proceeding is generated by the eFiling system in Public Utilities Commission matters located on the web at:

https://www.edockets.state.mn.us/EFiling/home.jsp

To use this system, registration is required.  Persons admitted as parties must use this system for obtaining the current service list and may use the system for electronically serving parties.  For those parties who require paper service (as noted on the service list), the filing to be served must be either mailed or delivered.  If the eService system is not used for electronic service, the filing must be served by email on those designated for electronic filing.  Further information about service using the eService system is available at:

http://www.commerce.state.mn.us/eDocFile/eFilingHelp.html

In addition to the rule standards for granting intervention, significant participation is expected from intervenors in all aspects of the proceeding, including attendance at prehearing conferences and the evidentiary hearing, motions, and posthearing briefing.  Enclosed is a copy of the Prehearing Order issued on August 11, 2009.  If you are granted intervention you will be bound by the terms of the Order.

Please be aware that it is not necessary to intervene to participate in this proceeding.  Public hearings will be held in February 2010.  At that time, members of the public may submit comments, ask questions or submit questions to the judge that they would like to ask of the parties’ witnesses.  Written comments may also be submitted.  To follow the filings as they happen, any person may “subscribe” to this docket through the eDockets system.  Subscribers to the 09-38 docket receive an email notice linked to each document that is filed in this matter.  Following the emailed link allows the subscriber to read all the public documents filed in this docket, including the prefiled testimony of the parties’ witnesses.  The instructions on how to subscribe to a docket also accompany this letter.

If you have any additional questions about the process for participation in this process, either through intervention or by way of public comments, please contact me by telephone or by email at Michael.Lewis@state.mn.us.

 

Sincerely,

          s/Michael W. Lewis

 

          MICHAEL W. LEWIS

          Staff Attorney

          Telephone: 651-361-7840

Enclosures