As a follow up to our post here, the Minnesota Court of Appeals issued a decision on August 23 affirming the MPUC’s decisions related to the Nemadji Trail Energy Center natural gas plant (NTEC) that will be constructed in...more
As a follow up to a previous post the Minnesota Supreme Court issued its decision on April 21, 2021, reversing the Minnesota Court of Appeals and remanding the matter for further review. In so doing, the Court concluded that...more
4/23/2021
/ Appeals ,
De Novo Standard of Review ,
Dormant Commerce Clause ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Greenhouse Gas Emissions ,
MN Supreme Court ,
Natural Gas ,
Oil & Gas ,
Permits ,
Public Utilities Commission ,
Regulatory Oversight ,
Remand ,
Reversal ,
Standard of Review
UPDATE: As noted in a previous Legal Alert, Minnesota is in the process of easing certain stay-at-home restrictions as it attempts to re-open its economy. On April 23, 2020, Governor Walz issued Executive Order 20-40 allowing...more
On December 23, 2019, the Minnesota Court of Appeals reversed and remanded a decision by the Minnesota Public Utilities Commission (the “Commission”) approving affiliated-interest agreements permitting Minnesota Power and its...more
12/30/2019
/ Appeals ,
De Novo Standard of Review ,
Dormant Commerce Clause ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Natural Gas ,
Oil & Gas ,
Permits ,
Public Utilities Commission ,
Regulatory Oversight ,
Remand ,
Reversal ,
Standard of Review
On June 21, 2018, the United States District Court, District of Minnesota issued an order and memorandum rejecting a challenge to the constitutionality of Minn. Stat. § 216B.246 and granting defendants’ motions to dismiss....more
On May 9, 2018 the Minnesota Public Utilities Commission issued an order approving Xcel Energy’s residential electric vehicle (“EV”) pilot program (the “Pilot”), designed as an alternative to Xcel’s existing EV tariff,...more
Today, the MN PUC concluded a nearly four-year effort on updating environmental costs established under section 216B.2422 subd. 3 of the Minnesota Statutes. Before getting to the decision, a bit of context....more
In light of President Trump’s decision to withdraw the U.S. from the Paris climate accord, Stoel Rives attorneys Tim McMahan and Drew Moratzka provide their insights into what the decision may mean for states, local...more
Yesterday, the Minnesota Public Utilities Commission (“MPUC”) approved a settlement between Xcel Energy and various intervening stakeholders, to resolve the revenue requirement issues in Xcel Energy’s pending multi-year rate...more
Section 1 of the Order sets forth various policy objectives, many of which (e.g., clean, reliable, affordable, safe energy) are goals that should garner bi-partisan support. How these policies are interpreted by the various...more
As a follow up to yesterday’s post, President Trump’s Energy Independence Executive Order (the “Order”) has now been posted on the White House website, a summary of which can be found here. Over the last week, many pundits...more
President Trump and four executives of his administration held a press conference this afternoon in the Environmental Protection Agency’s (“EPA’s”) Map Room. Rick Perry (Secretary of Energy), Ryan Zinke (Secretary of...more
Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional. In so doing, the Court affirmed...more
Yesterday, Minnesota Governor Mark Dayton announced the appointment of Matthew Schuerger to the Minnesota Public Utilities Commission (MPUC). Mr. Schuerger will replace Commissioner Betsy Wergin, whose term expired January...more
Xcel Energy announced this afternoon its intent to cease coal-fired generation at Sherco Units 1 and 2 in 2026 and 2023, respectively, while adding 1,200 MW of new renewable sources (800 MW of wind and 400 MW of solar) by...more
On Saturday, June 13, Governor Dayton signed the 2015 Jobs and Energy Bill into Law. The following amendments were made after the Governor’s veto:
- New definitions for “propane,” “propane storage facility,” and...more
6/15/2015
/ Clean Energy ,
Clean Power Plan ,
Cyber Threats ,
Energy Policy ,
Energy Sector ,
Legislative Vetoes ,
Minnesota Public Utilities Commission ,
New Legislation ,
Pollution Control ,
Power Grid ,
Propane ,
Regulatory Reform ,
Renewable Energy ,
Utilities Sector
As a follow up to our prior coverage, Governor Dayton vetoed the jobs and energy bill that passed in the final few minutes of the 2015 regular legislative session. Governor Dayton’s veto letter can be found...more
In a literal sprint to the finish, the Minnesota legislature passed a bill, which included energy policy provisions as part of a Senate Floor Amendment, just seconds before the State constitutional deadline. Pertinent energy...more
Late this afternoon, Rep. Pat Garofalo posted a bold and significant omnibus bill on the web page for the Job Growth and Energy Affordability Policy and Finance Committee of the Minnesota House of Representatives. This...more
Yesterday, the Minnesota Public Utilities Commission (the “Commission”) met to address the first general rate case filed under section 216B.16 subd. 19 of the Minnesota Statutes. Northern States Power Company, a Minnesota...more
On Tuesday and Friday this week, the MN PUC heard arguments from various stakeholders regarding the Xcel Energy life cycle management and extended power uprate (LCM/EPU) projects. The stage for the arguments was set by the...more
Today marked the release of the highly anticipated report and recommendations from the Administrative Law Judge tasked with reviewing Xcel Energy’s handling of the life cycle management and extended power uprate (LCM/EPU)...more
Within days of its open on December 12, 2014, Xcel Energy’s Minnesota Community Solar Garden (CSG) Program had well over 300 MW worth of CSG applications submitted and by this writing nearly 430 MW. The rush of significant...more
Today, Xcel Energy filed its 2016 – 2030 Integrated Resource Plan. Xcel Energy’s proposal is fairly significant in scope – it proposes to cut CO2 emissions by 40% by 2030, add new renewable and natural gas generating...more
Today marks the release of the highly anticipated report from the Minnesota e21 Initiative (e21 stands for 21st Century Energy System). The Great Plains Institute assembled a diverse range of stakeholders, including...more