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CapX 2020 Certificate of Need Page

ALJ Report Issued

Judge Heydinger's ALJ Recommendation regarding the CapX-2020 project is now available. The matter has been returned to the Minnesota Public Utilities Commission for final resolution.


General Information

The CapX 2020 Certificate of Need application has been referred by the Minnesota Public Utilities Commission to OAH for a contested case proceeding. This matter has been assigned to Judge Beverly Heydinger. This webpage is intended to provide useful and timely information in the CapX 2020 matter. The ALJ in this matter will be making a recommendation to the Commission regarding the demonstration of need for the proposed project.

Interested members of the public can e-mail, mail, or deliver public comments to the ALJ in this matter at the Office of Administrative Hearings. The deadline for public comments (by e-mail, mail, or delivered) has been extended to September 26, 2008. The deadline is a received-by deadline and for the comments to be considered, they must be received at OAH by 4:30 p.m. on the date set. Public comments should be addressed as follows:

Beverly Jones Heydinger
Administrative Law Judge
600 North Robert Street
P.O. Box 64620
Saint Paul, Minnesota 55164-0620
CapX.OAH@state.mn.us
Fax: 651-361-7936

Project Background

The Applicants, Great River Energy and Xcel Energy, submitted a Certificate of Need application for three 345 kV transmission lines in southern and western Minnesota. The three projects are as follows:

The application and other filed documents in this docket may be reviewed through the eDocket system (www.edockets.state.mn.us/EFiling/home.jsp) of the Public Utilities Commission and Department of Commerce. To access the CapX 2020 documents, click Search, then enter docket number 06-1115 (select 06 from the drop down "year" menu and enter 1115 in the "number" box) and click the Search button. You do not need to register to view the public docket. The Certificate of Need application and other information may be viewed at www.capx2020.com.

The proposed transmission facilities fall under the definition of "large energy facility" in Minnesota Stat. Sec. 216B.2421, subd. 2(3). Therefore, in accordance with Minnesota Stat. Sec. 216B.243, subd. 2, the facilities cannot be constructed or sited in Minnesota unless the Commission issues a certificate of need to the Applicants. The certificate of need rules pertaining to this filing are Minnesota Rules, parts 7849.0010 to 7849.0400. The application requirements specific to transmission lines are set out in parts 7849.0220, 7849.0240, and 7849.0260 to 7849.0340. The criteria for assessment of need are given by part 7849.0120. Statutes and rules may be viewed at the Revisor of Statutes website.


ALJ Orders

The Orders issued by Judge Heydinger in this matter are linked below. The First Prehearing Order sets out the schedule, intervention process, discovery mechanisms and otherwise directs the parties to this proceeding. Further Orders and the Judge's Recommendation to the Public Utilities Commission will be posted here when available. Where appropriate, the documents are provided through the PUC/Commerce eDocket system.


Public Exhibits

Scanned versions of the public exhibits in this matter are provided through the links below. Where appropriate, the documents are provided through the PUC/Commerce eDocket system.


Public Comments

E-mailed comments are combined into batched documents for public review [posted below]. Additional PDF-format documents will be added to the list as more emailed comments are received.

Scanned versions of the mailed or delivered public comments in this matter are also posted here. The deadline for public comments (by e-mail, mail, or delivered) is September 26, 2008. For the comments to be considered, they must be received at OAH by 4:30 p.m. on the deadline.

Late-Filed Public Comments

Public comments received after the deadline cannot be included in the hearing record.


Last Updated - March 2, 2009