Energy Storage

Application submission and completeness determination
A person that seeks to construct an energy storage system must apply to the Commission for a permit. Upon receipt of the permit application the Commission conducts an initial review of the application to ensure it includes all the information legally required by Minnesota Statutes about the proposed project and its potential impacts on the environment.

Public meeting
The Commission holds at least one public meeting near the proposed project after an application is deemed complete. During the meeting state staff explain the permitting process and the applicant describes the proposed project. This is followed by a question and comment period for interested persons to identify major issues and potential impacts, alternative sites and routes, and potential conditions to be considered in the draft permit and potentially the scope of the environmental assessment (EA) addendum, if determined necessary. A written comment period is open for at least 10 days following the public meeting.

Draft permit
The commission must prepare and approve a draft permit for the proposed project upon the conclusion of the public comment period following the public meeting. The draft permit must identify the permittee, describe the proposed project, and include proposed permit conditions. A draft permit does not authorize a person to construct the proposed project. The Commission may change the draft permit in any respect before final issuance or may deny the permit.

Environmental review
An EA is required for projects considered under the Standard Review Process. The EA is prepared by the applicant and must be submitted with the permit application. Comments on the EA are solicited during the public meeting, and if necessary, an EA addendum scoping document is prepared. Once the Commission has approved the EA addendum scoping document, preparation of the EA begins. Following completion of the EA addendum the public is provided opportunity to comment on the completed EA addendum during the subsequent public hearings and during associated written comment period. Before making a decision on a permit, the Commission must consider the environmental assessment, any addendum to the environmental assessment, and the entirety of the record related to human and environmental impacts.

Public hearings
A public hearing is held once the EA has been completed. The hearing is conducted by an administrative law judge from the Office of Administrative Hearings. Any person may appear at the hearings and ask questions, offer testimony and exhibits without the necessity of intervening as a formal party to the proceedings. Following the public hearing, a written comment period is open for at least at least 10 days. Following the close of the written comment period, the administrative law judge prepares findings of fact, conclusions of law, and recommendations (ALJ Report) on the merits of the proposed project and on the draft permit for the Commission to consider along with the rest of case record.

Final permit decision
Following the close of the public hearing administrative record, the filing of the ALJ Report, and an exception period, the Commission reviews the full record related to the human and environmental impacts of the proposed project and makes a final decision on a permit.

The Commission must permit large energy infrastructure facilities in an orderly manner that is consistent with environmental preservation and the efficient use of resources by selecting locations that minimize adverse impacts on humans and the environment while ensuring the reliability and integrity of the electric power system.

Timing
A final decision on a permit application must be made within six months of the date the Commission determines an application is complete. The Commission may extend the time limit for up to three months for just cause or upon agreement with the applicant.

Relevant statutes and rules
To learn more about relevant statutes and rules, visit the Office of the Revisor of Statutes: Minnesota Statutes chapter 216I and Minnesota Rules chapter 7850.

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