OAH 15-2500-20995-2

PUC No.  E-002/TL-09-1056

 

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE PUBLIC UTILITIES COMMISSION

 

In the Matter of the Application for a Route Permit for the Fargo to St. Cloud 345 kV Transmission Line Project

ORDER GRANTING INTERVENTION TO AVON TOWNSHIP AND ST. JOHN’S ABBEY/UNIVERSITY

AND

AMENDING PREHEARING ORDER

 

          October 7, 2010, Avon Township and Saint John’s Abbey/University (St. John’s) filed Petitions to Intervene in this proceeding pursuant to Minn. R. 1400.6200 and Minn. R. 1405.0900. 

 

          According to its Petition, Avon Township is a political subdivision located approximately 15 miles northwest of St. Cloud in Stearns County.  On May 25, 2010, the Office of Energy Security (OES) served Avon Township with a copy of the Prehearing Order as a Local Governmental Unit that may be affected by this proceeding.  The Avon Hills region, which is impacted by the Applicants’ preferred route, is located within the Township and has been identified by the Township and the Stearns County Comprehensive Plan as a priority area for natural resource protection.  The Avon Hills Forest Scientific and Natural Area (SNA) is located within the Avon Hills region.  The Township has undertaken the responsibility, on behalf of its residents, to assure that the unique resources found within the Township are protected.  According to the Township, no other party can adequately represent its interest. 

 

          According to its Petition, Saint John’s is located within the immediate vicinity of the preferred and alternate routing options.  Saint John’s owns 2,740 acres of land that would be impacted if the transmission lines were placed using Routes C and D.  Saint John’s lies within the boundaries of the Avon Hills Initiative, a 50,000-acre area of rolling, wooded landscape, the purpose of which is to preserve the character and ecology of the Avon Hills area for present and future generations.  Saint John’s provides miles of hiking and ski trails, and numerous buildings on the campus are registered on the National Register of Historic Places.  According to Saint John’s, its interests in preserving the habitat and historical landmarks found within its land are not represented by any other party.

 

          The current parties to this proceeding (the Applicants, NoCAPX2020, United Citizens Action Network (U-CAN) and North Route Citizens Alliance (NoRCA)) do not oppose the intervention of Avon Township and Saint John’s.[1] 

 

          The potential intervenors also requested clarification concerning the schedule for prefiling testimony.  A proposed amended schedule was circulated to the parties and potential intervenors by letter on October 11, 2010, and each of them agreed to the amended schedule.

 

ORDER

          IT IS HEREBY ORDERED:

1.               The Petition to Intervene filed by Avon Township is GRANTED. 

2.               The Petition to Intervene filed by Saint John’s Abbey/University is GRANTED.

3.               The Intervenors shall be subject to the provisions of the Prehearing Order issued on May 25, 2010, as amended by this Order.  Specifically, the Intervenors should note the instructions in the Prehearing Order regarding Prefiled Testimony.

4.               Each Intervenor’s direct testimony shall state its preferred route alternatives, so that each of the other parties has the opportunity to respond in its Rebuttal testimony.

5.               The Schedule set forth in the Prehearing Order is amended as follows: 

                    Applicants’ Direct Testimony                   October 13, 2010

                    Intervenors’ Direct Testimony,                October 29, 2010

                    including Rebuttal to the Applicants,

                    and OES Comments

 

                    Applicants’ Rebuttal Testimony,              November 17, 2010

                    Intervenors’ Rebuttal Testimony to

                    Other Intervenors, and OES Comments 

                   

                    Surrebuttal Testimony                            November 30, 2010

 

                    Public Hearings                                      November 15-19, 2010; and

                                                                      November 29-December 3, 2010

 

                    List of Proposed Exhibits                        November 30, 2010

                    and Witnesses

 

                    Evidentiary Hearing                                December 6, 2010, continuing

                                                  through December 17, 2010,

                                                  as necessary

 

6.               Pursuant to Minn. R. 1405.2000, all witnesses who offer prefiled direct testimony shall be available at each public hearing for questioning, unless the witness has received permission in advance not to appear, and a party representative will be present at the public hearing who can answer any questions that the public may have about the prefiled testimony.  Any request for exemption must be made in writing and served on the other parties. 

7.               Pursuant to Minn. R. 1405.1900, subp. 2, five copies of the prefiled testimony shall be made available for the review by the public at each hearing.  Since the prefiled testimony is available to the public through the e-dockets system, the parties may make available only one copy for review, along with information concerning access to the e-dockets system.

8.               All other provisions of the Prehearing Order issued on May 25, 2010, remain in effect.

9.               The Intervenors’ representatives shall be added to the OAH Service List.

 

Dated:          October 13, 2010                        s/Beverly Jones Heydinger

BEVERLY JONES HEYDINGER

Administrative Law Judge

 

 


[1] See Letter from Applicants, Oct. 11, 2010; Letter from NoCapX2020, U-CAN and NoRCA, Oct. 11, 2010.