Power Plants

• Large electric power generating plants with a capacity of less than 80 megawatts
• Large electric power generating plants that are fueled by natural gas

Application submission and completeness determination

A person that seeks to construct a high-voltage transmission line 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.
 

This process is for large electric power generating plants with a capacity of greater than 80 megawatts.

Application submission and completeness determination
A person that seeks to construct a high-voltage transmission line 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 the scope of the environmental impact statement (EIS). 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 EIS is required for projects considered under the Major Review Process. As previously stated, comments are solicited during the public meeting to help prepare the EIS scoping document. Once the Commission has approved the EIS scoping document, preparation of the draft EIS begins. Following completion of the draft EIS the public is provided an opportunity to comment on the draft EIS at the subsequent public hearings and associated written comment period. After the close of the written comment period on the draft EIS, a final EIS is prepared that must address timely substantive comments received on the draft EIS. The Commission must ultimately make a decision on the adequacy of the final EIS before making a final decision on a permit.

Public hearings
A public hearing is held once the EIS 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 20 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.

Important! The Commission may designate a portion of the public hearing to be conducted as a contested case proceeding under Minnesota Statutes chapter 14. The decision on whether to require a contested case is decided at the time the Commission make a determination on the draft permit and EIS scoping document. The contested case process involves parties presenting evidence, cross-examining witnesses, and arguing their case, much like a regular court case. However, these proceedings are also open to the public and all persons have the opportunity to participate without the necessity of becoming an official party. The administrative law judge manages discovery, conducts pre-hearing conferences, and oversees a court-like public and evidentiary hearings. Formal participants including the applicant, intervenors, and state agencies may present arguments, evidence, and expert testimony.

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 one year 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.