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Showing posts with label NAF. Show all posts
Showing posts with label NAF. Show all posts

Jun 14, 2022

Maine PUC caves to industrial sprawl in our region approving taxpayer funding of a powerline upgrade to benefit power eaters like the proposed Nordic aquafarm with Section 80 powerline decision

Below read the 6 minute transcript of the  Section 80 Powerline decisionmaking on June 14, 2022  by each of the three PUC members:  Chair Phil Bartlett, Patrick Scully and Randall Davis.   Listen to audio of the 6 minute section of the meeting

At issue is whether (1)  a non-wires distributed power system including solar, lunar  and wind would be adequate to the projected future or (2) stay with the wires-only and  make them massive   and replace all the main powerlines    All three voted for Maine to stay  hooked on wires.  No grid? No go!    Seemingly  uneasy with Change  unready for that newfangled eco-stuff'.  Many a buggywhip maker felt the same , time back

Chair Bartlett: "[T]he evidence does not support a finding that the proposed non powerline alternative meets the applicable reliability criteria and can reliably meet the identified need. " Can['t depnd on the fickle sun moon and ...tide?

PUC Chair Phil Bartlett opened the June 14th meeting

Good morning. Welcome to deliberations of June 14, 2022. We have six items on our agenda today.

The first is Docket Number 2011 -138. Pending before us is CMPs petition for Certificate of Public Convenience and Necessity to rebuild Section 80, which runs between Windsor and Warren. 

The non wires alternative coordinator issued a report identifying an unwired alternative for our consideration. 

Pursuant to 35A MrsA 30 sec 31 and 32, we first must assess whether there's a public need for the proposed transmission line. 

Here the need has been well documented over the years. The potential need for this project was identified over a decade ago, but deferred for consideration of non transmission alternatives. 

More recently, ISO New England found reliability deficiencies in studies conducted in 2020 and 2021, and reaffirmed the need for this project at a technical conference in February of this year. 

Accordingly, I find that there is a public need as required by Section 31-32. 

The next question is whether the identified need can be reliably met by the non wires alternative. 

What is striking about this record is how many disputes of fact there are around seemingly technical issues. In some cases, the parties seem to be talking past each other with respect to the import or need for certain studies and analysis. 

After reviewing the record, I tend to agree with the examiner's report that the evidence does not support a finding that the proposed non powerline alternative meets the applicable reliability criteria and can rely reliably meet the identified need. 

Of particular significance is the potential impact on the sub transmission system of the non wires alternative. 

The Section 80 rebuild proposal put forward by CMP was limited to the bulk electric system. In contrast, the non wires alternative relies on upgrades to the underlying 35.5 KV system. CMP's analysis identified adverse impacts on the lower voltage system that would need to be resolved. 

The NWA coordinator did not study this impact and offered no analysis to counter this evidence.

Another issue in dispute was whether to consider the winter peak. Doing so is consistent with their criteria. And there's significant evidence in the record that questions the adequacy of relying on DRS as proposed to the NWA during the winter peak.

 Given the reliance on solar generation, it'd be irresponsible not to consider whether the reliability achieved in the summer months would apply to the winter peak as well. 

For these reasons, as well as others detailed in the examiner's report, I find there's insufficient evidence in the record to support the contention that the non wires alternative can reliably meet the identified need. 

Even if it could, it is doubtful the nonwires alternative could do so more cost effectively. The benefit cost analysis shows a razor thin net benefit, it does not include significant costs, including the need for additional upgrades to make the non wires alternative reliable solution. 

Accordingly, I would grant CMPs petition for Certificate of Public convenience and necessity. 

While I cannot accept this particular non wireless alternative, I do want to emphasize the importance of exploring cost effective alternatives to transmission. 

With a new statutory planning process for our largest electric utility utilities, there may be opportunities to improve and strengthen the NWA process going forward. 

Finally, there were many comments to this docket with respect to a particular customer Nordic Aqua farms. I want to be clear that the evidence of the record demonstrates that the rebuild of Section 80 would be needed even without the potential future load growth from Nordic Aqua farms. 

Moreover, utilities are prohibited from unfairly discriminating against customers. And the commission generally has no role in deciding whether a particular customer shouldn't be allowed to interconnect electric system so long as they can do so safely and reliably. 

Commissioner Randall Davis:

" The OPA's  April 15th exceptions to the April 6 Examiner's Report urges the commission to reject the examiner's report recommendations and deny Central Maine Power a Certificate of Public convenience and necessity for the Section 80 project at this time. 

I am not persuaded by the OPAs arguments. Under other circumstances, I believe that many technical and engineering questions would or at least could have been answered.

I cannot decipher whether the unanswered questions are related to the passage of time, which has been approximately 14 years since a Section 80 rebuild was first proposed, or perhaps the changes in legal statutes or jurisdictional changes between the local TND and ISO New England over the 14 years are driving the lack of clarity. 

Most every project is faced with ever changing decision inputs and assumptions for the future, with this project being no different. 

What is different with this project is the general agreement among the parties that something must be done, and I believe that resolution should not wait for an additional undetermined length of time.

For the reasons articulated by Chair Bartlett. I will adopt the examiner's report recommendations. 

Thank you. 

Commissioner Patrick  Scully: 

"I agree with the analysis of my colleagues and I would grant this CPCN (Certificate of Public Convenience and Necessity) for the rebuild of Section 80.

As has been said, based on the record, I conclude and there appears to be consensus among the parties, that of reliability need exist.. 

I'm unconvinced, based upon the record in this matter, that the proposed NWA meets that reliability need, particularly with respect to the two issues Chair Bartlett identified, involving both the winter peak question and the potential impacts on the sub-transmission system. 

And I find that the benefit-cost analysis of the proposed NWA does not support it as a less cost costly alternative, as it is, in best case, extraordinarily close . 

And very likely, if not certainly, doesn't reflect all of the costs that would be necessary to ensure that the NWA was built in a manner that preserve the reliability of the system. Thank you.

END OF PUC ON  SECTION 80



Aug 7, 2021

Belfast harbor struggle: Court sets Aug 27th oral arguments on plaintiffs' charge of improper acts by Governor, staff & family.l

 DEP 80C Appeal: 8/27 Oral argument in the DEP case on my Motion to Amend

Justice Murray has scheduled a ONE HOUR oral argument, on 8/27 beg



inning at 3 p.m. on my motion to amend the 80C Petition to include independent claims relating to the due process violations resulting from the Mills’ Administration’s exertion of political pressure to influence the TRI determinations by BEP, DEP, BPL at the request of the Governor’s brother Peter and Peter DelGreco of Maine & Co. acting on NAF’s behalf and to promote the “burgeoning aquaculture industry”.  This motion and now argument was made possible by the FOAA responses that Lawrence and Paul doggedly dragged out of these agencies.  Time to connect the dots for Justice Murray.

The response filed by AAG Bensinger and Jensen, to my most recent filing of the supplemental documents that Paul got that the DEP, Reid and the Governor’s office withheld first from me and later even from Lawrence (altho he got more documents that I ever could), is based on the claim that none of these documents is in the record before the BEP so the political influence revealed is irrelevant because it did not influence the Board’s decision.  This is absurd of course because the only information that the Board did see was whatever Jerry Reid want them to see — nothing more.

The independent claims that need to be filed in this case are as much about what is not in the record, as what is in the record.  The issue is a simple "junk in-junk out” problem.  And the use of the same AAGs to represent DEP and BEP compound the problem and defeats the independence of the Board.  They even manipulated which board members could consider our TRI challenges — excluding Sue Lessard.

It would be helpful to my preparation to have a good summary relating to the exclusion of evidence from the record that others have endured, as well as the denial of the right to appeal to the full board that the Presiding Officer imposed later in the proceedings.  The dilution issue if one really good example that I am not well-versed in the details of — if someone could get me a good summary on this it would help..  I will work on a chronology relating to the sediment testing issue and the haul route for the dredge spoils. but these will be mentioned in passing — the focus will obviously be on the “non-trivial TRI issues” and the interference on that issue specifically — including excluding evidence submitted by Intervenors that was not included in the record, and the unappealable orders by the Presiding Officer.

Buckle up.  Winter is coming...

Jun 21, 2020

Maine BEP 5/20/20 audio mp3s deliberative session re Nordic Aquafarms application

On May 20-21 2020  Maine Board of Environmental Protection held a "deliberative session" to consider the memos and other information they had received from DEP's commissioner and bureaus, interested parties & Nordic aquafarms consultants.  Memos discussed at the meeting
Listen below to audio from the 5 hour and 46 minute BEP meeting. (more to come)


* INTRODUCTION

* AIR EMISSIONS

* WATER USE

* NATURAL RESOURCES WETLANDS AND STREAMS


Subsections
(c) BEP QA  to  Muller  &  Wood etc  58min   (overlap of last bit of Wood testimony first .and the acting chairs question Then a break (deleted) ,then chair asks again and questions follow


Dec 30, 2018

Two NGOs petition for BEP review of Nordic Aquafarms, interested party status, public hearing.

Below read  petitions by two  organizations sent Maine Department of Environmental Protection in late November. The Maine Lobstering Union and Upsteam Watch asked to be recognized as interested parties regarding the Nordic Aquafarms application to build a salmon tankfarm in Belfast and discharge effluent into Belfast Bay.  They also requested that Maine Board of Environmental Protection take over review of the project and that a public hearing be held.

MLU Petition to Intervene 11/26/18

MLU Request for public hearing on Nordic application 11/26/128

Upstream Watch petition for Maine Board of Environmental Protection to assume Jurisdiction over NAF application 11/26/18

Upstream Watch Request for Public Hearing 11/26/18

Upstream Watch Petition for Interested Party Status 11/26/18

six

Maine DEP acting chief recommends against citizen board review of Nordic Aquafarms plan.

Salmon tankfarm opponents are rightfully livid over Maine DEP's acting chief Melanie Loyzim's actions on the controversial salmon tank farm plans by Nordic Aquaculture proposed to discharge into Belfast Bay
Loyzim denied out of hand petitions from Maine Lobstering Union and Upstream Watch requesting (1) a public hearing and (2) intervenor status. She also declared there was little public interest or controversy, recommending against MLU's request that BEP assume jurisdiction of the review of the project its proposed outfall's proposed contents and its baywater intake.
Read MLU's and Upstream Watch petitions here
Loyzim used indefensible assertio.ns that there was no possible significance to the effluvia of up to 20 million fish per year in the proposed CAFO tanks - largest ever in the United States - discharging out a single pipeline into the bay 24/7. What could go wrong?
Raising and slaughtering up to 20 million fish per year at Nordic and Whole Oceans - one at each end of Penobscot Bay's estuary - is nothing special, Loyzim asserted in her letter to conservation attorney Kim Tucker. Just like any little existing fishfarm, Loyzim smirked, enjoying her brief moment of ecological vandalism at the helm of the disfunctional-under-Lepage agency.
One remembers the good old days of Late McKernan Early Angus King , early baldacci,  when the Board of Environmental Protection performed its duty and routinely heard  citizen appeals - I actually won a special condition added to MBNA's Ducktrap Mtn guest cottage rush job tht was sprawling into an important deer wintering area   No more cottages, BEP announced. How MBNA's VP Shane Flynn howled! 


Oct 6, 2018

Belfast: 10/4/18 Nordic Aquafarms public info meeting

On October 4, 2018 Nordic Aqua Farms held a required Public ionformation meeting about its proposed discharge into Penobscot Bay  The meeting was at the Troy Howard middle school and at least 200 people attended the overwhelming majority opposed to the plan. 

Video of full meeting         Bangor Daily News coverage

 Audio Selections
1 Ellie Daniels 12min

2. Andrew Stevenson 6min