December 1

ALJ Luis – explaining the process

Jurisdictional Exhibits in the record – MOES

Application in the Record

++++++++++++++++++++++++++++++++

Opening of record 7-250-20283-2

08-1474

Granted CoN by PUC

Hearings conducted for PUC which will make ultimate decision, including evidentiary record and public speakers and public hearing portion.

We’re doing some of each, reason we’re doing it in this venue is to hear the public, give them an opportunity to speak, preferred and/or alternate route, modified preferred route that applicants are offering now, tweaks and changes in responses to comments that have been received.

Also going to be examination of witness by counsel for one of the former parties, CAO is present, told her to hold off until we’ve had the first part of public comments.

Sheets of people that have asked to speak, will call in order that you’ve signed up. 6 names. Do take as long as you want to explain what it is you’re concerned about. I’m curious about this and I ask questions myself, so that’ll take some time, and you can be questioned by the applicants or anyone else who’s here. Can make statements, enter exhibits into the record. Use microphone so court reporter can get it for the record.

After all of this is finished, there will be evidentiary hearing in St. Paul, 15-18th, some have filed testimony, others haven’t but have the right to cross-examine and etner exhibits.

Then I’ll write a report, PUC can modify, adopt, or overturn it and can only do it on the facts. Important for you to participate, glad you’re here, than k you very much.

Report – I can’t act for at least 20 days. Period where they can’t act, the exception period, involves filings of people who take exceptions to findings by the judge. Then based on that they get an argument opportunity before the Commission. I don’t attend those proceedings, I just issue the report and let that go… but there is that stage.

Process should end in April or early May, but it may not be that quick.

Public foficials here to offer information, Mr. Kluzinak, staff of PUC.

Kluzniak – Staff of PUC, this is a routing docket, this is not a question of size, type or timing of th eporject itself, we’re here to determine the route that htas the least impact. It’s been going on for some time, EIS by Office of Energy Security, ALJ report developed on these hearings. As some advice, what we’re looking for, based on record in this proceeding, questions about routes, impacts, this is the main chance that the public has to question applicants, i.e., why do they feel that is the route they prefer, I’m just here to take notes, feel free to stop by, but this is Judge Luis’ hearing.

On behalf of Dept. of Commerce, just had their record close yesterday for Comments for Final EIS, they already vae enetered in Draft EIS, document people have been working from, presenting concerns, evidence, in these proceedings, series of meetings after DEIS, then comment period closed yesterday. Represented by Asst. A.G. and if you want to introduce anyone else.

Karen Hammill = office of ES. With me Scott Ek, he is project manager for this proceeding. Some of you may have seen him before at other meetings, scoping meetings for EIS, conducted meetings to talk about the EIS. With us in back is Deb Pile, acting as public advisor in place of Mr. Kirsch.

Scott Ek, I recognize most of your faces from scoping meetings, DEIS meetings. I work for Dept. of Commerce, MOES, job is project manager, shepherd project through routing, siting and environmental review. Put together documents, notice, upcoming final EIS, my job is to get documents together to PUC. I’m here to answer your questions.

Lisa Agrimonti – Yielding to project manager, Craig Poorker, GRE, Mgr. of Land Rights for GRE and project mgr for Brookings to Hampton of Capx 2020. 3 serise of open houses, at same time, lot of info from GIS databases, state and federal agencies, counties, lot of meetings, county staff, filed route permit 12.08, approved a month later as complete, after that scoping meetings and we made some comments as part of that records, and DEIS comment ont hat as well. Accepted modifications to route, we have what we are calling Modified preferred Route, Dr. Peter Valberg expert in EMF, received PhD from Harvard, taught in Public Health and Physics dept, worked for government entities. Pam Rasmussen Mgr of Siting and Lnand rights. Also from GRE, questions on cost, schedule, and engineering design options.

Luis: My own involvement in this is that I take it under advisement and issue a report, what is said by witnesses, and there’s a deadline by close of business 1/15/2010. File a letter, send to him, Richard Luis, OAH, PO Box 64620, St Paul… (add to record) Postmarked 1/15 will be accepted. If you file, it has to be in by 4:30 at OAH, delivered to office, fax 651-361-7900, email to .

Speakresr list in front of me.

Dawn Vlaminck, City Administrator for Ghent, Minnesota, filed a 7 page long statement and appendices, Public Exhibit 303. Sworn in.

Addressing you today representing 355 people in Ghent, MN. Located 8 miles NW of Marshall, active growing community looking to expand. My office has received input – Route 1P-02, would change cities growth considerably. In the last 5 years, city has tried but failed to buy land for development on N and W edges of town. River Corut development. Recently we have built 32 houses in new development. These residents made investment on belief that there would be no development, and are not happy that there would be a transmission line in their view. Those who are thinking of developing would be deterred, it would be considerably harder to sell their lots. Any future development would be to east, we are landlocked, and transmission on east, directly over development site. We feel there are no developers that would be willing to develop on this site. We’ve submitted exhibits, and have attached it, and I attached it. Is this new? Are applicants aware? (no). Proposed route that we feel would be a better one, Preferred Route, out of Minneota, proposing on 340th (Co rRd 78) instead turn north on 180th avenue to 350th St. and then section 33, 34 35, 36, 350th to 280th.

Luis – look in EIS, Page number in application. EIS p. 7-4.

We’re doing two separate things – opposing preferred route, intersection of Lyon Lincoln Road and 330th St, So on 260th and then turns to E on 310th and past section of Ghent, then N

Change to the green that’s drawn in, follow Preferred route, N a mile, then from 290th to 180th and continues on east for 7 miles, asking to go north a mile on 180th to 350th, follow 350th to Vallers Wildlife Mgmt Area, and then around or through north side of … Hwy 59, go across the fields to hook up with preferred route at intersection of 340th and 280th.

Poorker. Give this a number, 304, 1P-02, one that does go along south and east side of Ghent, quite closely, also route called 304, similar to one that was in MOES scoping that was rejected, not sure, may have been because it went through Vallers wilelife area

Ghent – we were under impression that wildlife area wan’t a concern from people we’ve spoken to.

Their alternative was to go through north side, going through it is very problematic, WMA has intended use, and would try to avoid going through middle of it, adds a number of angle structures, adds cost and engineering, 7 angle structures.

Ordell Severson – 3250 Lyon Lincoln Road, Minneota my house was built with minimum setback in 1980, I was never notified of the change and I didn’t hear about it until Sunday, there’s got to be a better place to put it over myself. Section 7 of Nordland Twp It seems like they’re avoiding wildlife areas more than they’re avoiding people!

Poorker – Severson is pointing out alternabtive 1P-02 – ½ mile away from our preferred route centerline.

Luis – he’s made general comment that people’s houses should be a more important consideration than wildlife.

Severson – if it isn’t harmful to people, it shouldn’t be harmful to wildlife.


Luis – it’s his ox that’s being gored.

Poorker – 1P-02 does go through that, but his house is not near a wildlife area. Wildlife is more important than people,

Luis – a generic issue that’s overriding.

In general – we have addressed this several times, open house, scoping, does come out, and we have a list of state required criteria, donj’t put any emphasis over one or the other, certainly do look at impact of homes along the route, and second was impacts to agriculture.

Dan Wambeke – Marshall – Thnaks. Live at 3260 – 280th Ave, live there with wife and 2 children. Farm site where I grew up, moved here 3 years ago intentionally, this is the place we want to raise our children. No better place. We are on the preferred route between Brookings and Lyon County, we are in this section, whrere line goes south from 340th to 290th, first house on the left side. Family Farm. General comments, would like to echo the previous speaker, lots of impacts, and all are worthy of due consideration. I’d like to echo proximity to homes should be given great consideration. Other comments are very specific to that section of route. Is there anything there now? There is one on the other side of the road, a 115kV line, owned by East River Electric. Nothing on our side of the road. That’s what I’d like to address, comments are not specific to choosing a route, and this is on behalf of my family, and for this section, 2.8 mile section between 340th and 310th St., that when you produce your report, that you recommend to them that you recommend a route permit condition, that the construction must be on the west side of the existing 115kV line. The East river line goes the entire length, 80th between these two points. Who owns it. What would it look like? Prallel power lines? 280th runs along here, only a portion, no matter what side, there are going to be two lines parallel. Another place on E side about a mile below you, two of the impacts. On west there is no house. There is further south, spoke with GRE about this, further south on corner of 300th and 280th street, small substation on the W side, and speaking with Dan Lesher, didn’t anticipate it’s a problem, and it’s for that reason that my request it ends at 310th St.

Luis – There are on west side, smaller dots, may indicate some dots, are those farm buildings?

Poorker – bigger white dots are homes, little ones are homes too, further away.

Luis – if there’s already RoW, does thousand feet begin at end of their RoW, 500 ft .

Wambeke – impact is agricultural, impact is pole placement. Work with them. Pole placement, span is about 1000 feet, every thousand acres it’s 13 or 20. In adition to two homes, there is one other spot as well, that alignment on west side would help, small area, wetland area, if on W side, wetland is less than alignment on R. There’s open watter and mature trees. Land is managead through NRCS consedrvation easement. On east side it’s part of our land, on W it’s not. Looks like it’s a seasonal pond, west side it’s wet, no open water. Marsh. Submit letter which addresses this with photographs of impacts that would be on east side.

Exhibit 305 – Wambeke – 6 page, 3 pages of text, 3 pages of photos.

House is ½ mile So of 320th street, 80-85 feet if on east side, and many trees would have to be removed, and in our case, house would be a little further, 95-100 feet. Hog barn in the RoW would be an issue.

Mike DeSutter – Live in Ramsey Twp, Section 15 called Modified, south of Ghent. Intersection of 310th St and 210th Avenue. Route 1P-02 (AGAIN.) Almost everyone we talked to on this Modified Route believed that this was not main route. Those people should have all been notified. Many of us found out at the November 7 meeting. We feel it is not fair that we have to endure powerlines on the east and south side of the farm. Documented heal issues, and no one can prove to us that there are no side effects. Animals get cancer, infected, and die. We do not want to be forced off our farm for fear of health issues. Centennial farm. We want to preserve it for our decendants. We aer opposed to having this power line near us. Proven over and over that it decreases land values. We have been trying to go green, won’t be possible. Live next to Ghent, problem with quality of life. Section 16 of Ramsey Twp. Co. Rd. 5, where powerline pole would have to be, rural water pumping station. Rural Water pumping stationlocated at intersection of 310th St. and Co Rd 5, if line is coming, I’m assuming there’d be a pole at that intersection. We can’t get answers to why these are being routed here.

Luis – EMF, effect on land values. If this is the route, it made it through scoping by Commerce, put in for consideration. Do you want to offer comments from people here. Not a preferred route, not a modified route.

Agrimonti – we have witnesses, they can answer specific concerns, there is testimony, Poorker has addressed land values, Valberg & Rasmussen have addressed EMF, their testimony is also available.

He’s been going to these meetings, on modified route, assumed it would be Primary Route. When they submitted this modified 02,

Who received notice? Ek – we did in fact notify Mr. Sutter, in the Exhibits, which exhibit number it is. Exhibit 21, New Landowner Notification after scoping, Sent on September 18, 2009, list of names, Michael and Bonita De Sutter. That was why we sent this out.

Bef Johnson, Clerk of Nordland Twp, also affected by 1P-02. Not preferred route.

Luis – Route under consideration because it was passed through scoping by DoC. Along 310.

Bev Johnson – I am also along this strip, I live here. He’s in a different township. My township, I’ve got all the records and I never received anything with these dates on it. Nor as a homeowner in that vicinity have I ever received anything on it. I have mailings after that date, October 22, to be specific, but nothing on this date. I was not notified until we received a call from a neighbor on Sunday evening, we have not had a lot of time to research any of our concerns.