What’s REALLY going on with Xcel Energy and the LS Power Project?

Guest Commentary by David Milles

Several "comments" on the Post Review’s article reporting about the July 22 Lent Township information meeting for the proposed LS Power plant have clearly labeled me as an opponent to this project. These comments were placed by Lent Town Supervisor Mike Olson and an anonymous party called "Really". The problem with these two observations is that I have never declared a position either supporting or opposing this project. As with other citizens of our community, I have MANY unanswered questions and I made an honest attempt at the July 22 meeting to raise those questions and offer constructive comments.

Mr. Olson made it clear in his posted "comment" that he and other officials know more about this project than anyone on the "outside". That leads me to ask why he and the other Lent Supervisors sat like the 3 deaf, dumb and blind monkeys at the July 22 public information meeting which they convened? The only public official that had the courage to address the group about the project was State Senator Olseen. Our local County Commissioner also showed up, but remained silent at the back of the room.

I would like to take this opportunity to share what I know about the evolution of this "project" and why I am seriously skeptical about the actions and motives of Xcel Energy and our elected officials. The involvement and enlightenment of the general public have clearly been side-stepped by both of these entities.

While I was serving on the Lent Town Board in the fall of 2007, the Township was approached by Mr. Rick Robinson from Indeck Energy, Inc. out of Rockford, Illinois (you can see their website at http://www.indeckenergy.com/index.php). Indeck was preparing a project proposal in response to a Request for Proposals (RFP) for a 160 Megawatt, natural gas powered, "peaker" plant issued on September 11, 2007 by Xcel Energy (doing business as NSP). Mr. Robinson told us that Xcel had a need for up to 40 such plants scattered around Minnesota to keep up with "peak" energy demands during summer cooling and winter heating seasons. He also told us that the Kost substation and 2 interstate natural gas pipelines located in the northeast corner of the Township were the "sweetest" spot in the State for such a facility. In fact, Mr. Robinson told me that even if Indeck didn’t win the bid, SOMEONE would definitely build the peaker plant at that location.

Indeck Energy was extremely forthcoming with the Township and prepared a detailed presentation that they offered to a joint meeting of the Town Board and Planning Commission on November 14, 2007. Mr. Robinson told us that it was Indeck’s operating philosophy to work from the "bottom-up" when dealing with local government and intended to deal with Lent Township BEFORE approaching any higher units of Government. I still have the PowerPoint presentation from that meeting and would be happy to provide copies to any interested party. Mr. Robinson told the Town Board that he expected to find out if they won the bid on NSP’s request by early 2008. He also told us that Indeck Energy had approached several landowners in the vicinity of the Kost substation to acquire options on a possible construction site. That was the last we heard from Indeck Energy.

Early in 2008, I started hearing from concerned Township residents that Xcel was literally "scalping" all of the vegetation off of a portion of the Kost substation property adjoining County Road 14. They told me that Xcel personnel informed them that the land clearing was to allow additional "cropping" of the land. However, this was the exact location that Indeck Energy had identified in their proposal for building a peaker plant on existing Xcel property.

In early February 2008, I called Mr. Robinson to find out what happened with their bid and ask if they knew why Xcel was already clearing the land. He said that Indeck had heard nothing from Xcel since submitting their proposal and had no idea why the substation land was being cleared. He also told me it was common practice for some power companies to put out Requests for Proposals and then decide to proceed with a project "on their own" (i.e. get free engineering and planning out of their RFP and then do the project themselves).

My next action was to contact Xcel Energy directly. After being bounced around by their switchboard operator for over a half-hour, I was eventually connected with one of their Company "environmental lobbyists". I fully identified myself and explained what I knew about their RFP, Indeck Energy and the proposed Lent Township site, and asked for additional information and the name and phone number of a knowledgeable Xcel contact person. The lobbyist got very nervous and said he had never heard about any of this, but would get me a "contact". After keeping me on HOLD for another half-hour, he told me he couldn’t release any information but would have someone that was handling the matter "get back to me".

I heard NOTHING from Xcel for over 2-weeks. Then, one afternoon, I got a phone call from the Xcel district maintenance manager out of Forest Lake. He said he had received an e-mail chain that started with an Xcel Vice President and ended up on his PC. The "chain" directed him to call me and see if he could answer my questions. After I explained what my questions were and why I had called Xcel, he became VERY apologetic and basically told me I had been given the classic Xcel "bum’s rush". He was very concerned about what I told him and said he would do whatever he could to get me to the right person at Xcel. Within the hour, he called back and told me he couldn’t find out anything about a peaker plant in Lent Township, but was told that the reason the vegetation was removed from the Kost substation site was that Chisago County had "ordered" Xcel to do it to control Oak Wilt on the property.

So, I called the Chisago County Office of Environmental Services to confirm that they had "ordered" the removal of the trees. They told me they had NOT ordered or suggested any vegetation removal for that site. Now I was getting angry, so I called Rick Robinson at Indeck Energy one more time. I asked him if he would send me a hardcopy of the NSP Request for Proposals that they had responded to. He said that would be no problem and I received it in the Mail within 2-days. I still have that document and would be happy to provide copies to any interested party.

The RFP I received from Indeck Energy clearly identified Mr. Rick Peterson, a Resource Analyst for Xcel, as the manager and contact person for this project. It even had his direct phone number and e-mail address. Great, now I could finally talk to The Man with the Plan.
Except, when I called Mr. Peterson I got a VERY nervous and less than candid reception. He did acknowledge that an RFP had been "put out" and that several proposals had been submitted. However, he said that the entire project had been put on HOLD and that he wasn’t sure exactly how it would proceed. He assured me that "some kind of facility" would eventually be placed on the site and that the time-frame for final planning was circa 2011. That was ALL he either could or would tell me. That was the last contact I had with anyone from either Indeck Energy or Xcel Energy.

I subsequently resigned from the Lent Town Board in early May 2008 over a totally unrelated matter. Shortly after that, I was recruited to return to work for the DNR Division of Waters for a special project. While at the DNR, I had an opportunity to visit with an old colleague that had ascended to a senior management position with a large environmental and engineering consulting firm. When I told my friend about the peaker plant story, he got a very large grin on his face and said he "knew all about it". He also either couldn’t or wouldn’t give me any details about what he knew (I think his Company had business connections with Xcel), but he did tell me that the project was most definitely NOT on hold and was, in fact, moving ahead. Since I was no longer active in Township affairs, I didn’t pursue the matter any farther.

The next time I heard anything about a power plant in Lent Township, it was from a few short news stories in the Post Review in early 2009. From that point on, I only know what little information has been provided to the general public from subsequent "news" stories. If Lent Township officials or Chisago County officials knew anymore, they certainly never communicated it to the "public"... nor did our enlightened State Senator or State Representative.

As far as my personal opinion of this project, here’s how I REALLY feel:
First off, something just doesn’t SMELL right about the way in which this project has been proceeding. I have worked as a State geologist/hydrologist on MANY sensitive and controversial environmental issues in Minnesota since 1969. I have never seen a situation with so much deliberate obfuscation and lack of public involvement. During my years of government service I worked with the environmental staff at the former NSP many times. They were always forthright and honest. The present incarnation of NSP as Xcel Energy does not strike me as operating with that same level of public awareness, commitment and involvement.

Second, I have absolutely no doubt that we will eventually have a major power generation facility at the "sweet spot" in Lent Township. The BIG question is how much we, as the voters and residents of Chisago County and Lent Township, will really have to say about it. One of the Ten Commandments of Government that I learned and saw first-hand at the DNR is that... "the BIG people do what they want and the LITTLE people do what they’re told". NSP/Xcel has been in the power generating business for 100-years and knows exactly what it’s doing. You don’t need to have Gypsy blood to read these tea leaves. Somewhere there is a senior Xcel Vice President chomping on a cigar over the big Monopoly board. He’s already put 4 houses and a hotel on Boardwalk and has a get-out-of-jail-free card from the Legislature. Indeck Energy and LS Power are simply shills for Xcel Energy’s long-range plans for the Kost substation site.

Finally, there should be no doubt in anyone’s mind that our elected officials have been worshipping at the feet of the BIG money interests that promise to take us all to the land of milk and honey. Why haven’t they been asking the hard questions and soliciting the information their constituents are asking for? Any one of them could request, or even demand, that LS Power and Xcel Energy directly provide them with the answers and information the citizens want. It doesn’t matter whether the County or Township has any "legal" authority to approve or disapprove of this project... they have the "moral" authority to advise and inform their constituents! Why has it taken a small group of concerned citizens (the Friends of the Sunrise River) to do all the heavy lifting on this matter? As far as I can tell, they are the ONLY entity trying to seriously gather information and inform the public. Our elected representatives need to lead from the front of the room, not the sidelines. Perhaps the real question for us all to consider the next time we step into the ballet booth is: Is this the Government we deserve?

Now, let the "comments" commence.

Dave Milles
Lent Township Resident

FLT Clerk Files for Bankruptcy

Fish Lake Township (FLT) Clerk Andrea Nekowitsch has filed for Chapter 7 Bankruptcy protection on 7/1/09 (U.S. Bankruptcy Court case #09-34537). At a time when Clerk Nekowitsch is named as a defendant in a lawsuit against Fish Lake Township, perhaps she can avoid scrutiny and criminal prosecution by using a strategy similar to that previously used by FLT road maintenance worker Gary Guse, Jr. When Gary Guse’s wife Crystal was under criminal investigation and subsequently charged with check forgery (see 1/28/08 story titled, “Fish Lake Township the next mark?”), Gary filed for Chapter 7 Bankruptcy protection on 5/22/08 (U.S. Bankruptcy Court case #08-32478). Criminal actions were not pursued against Gary Guse, Jr. in connection with the $12,535 check forgery scheme.

Although Andrea Nekowitsch has served as the hired clerk of Fish Lake Township for many years, is her personal integrity and accountability above reproach? Apparently Supervisors Carter and Cupit think so. They both voted recently to approve and provide Nekowitsch with a township debit card, carte blanche for check-less purchases and cash withdrawal opportunities. Could this alarming situation be a recipe for disaster?

FLT Response to Lawsuit?

The Fish Lake town board has released its carefully crafted “official statement” in response to Tim O’Keefe’s lawsuit. Posted on the Fish Lake Township (FLT) web site at www.FishLakeTownship.com, the statement reads as follows;


FISH LAKE TOWNSHIP INVOVLED IN FRIVOLOUS LAWSUIT

Former supervisor Timothy O’Keefe has initiated a lawsuit against Fish Lake Township, two current supervisors and the town clerk. O’Keefe has alleged a number of violations of state law, that have absolutely no basis in fact or law. Indeed, the Chisago County Attorney’s Office has found no basis to investigate the matter further. Nonetheless, O’Keefe seems inclined to waste the taxpayers’ money on pursuing frivolous claims.

For instance, O’Keefe alleges the Township improperly approved payment of a fire contract in 2006, despite the fact he voted to approve its payment and was present for the discussion of it as a supervisor. In short, O’Keefe fails to provide any facts to support his spurious claims. The Township and its officials look forward to being vindicated in this litigation and will be seeking their attorney’s fees and costs against O’Keefe for having to respond to these claims.

The Township and its officials are represented by Bloomington attorney Paul D. Reuvers from the firm of Iverson Reuvers, LLC. Reuvers has advised all Township officials to defer comment to him at 952-548-7205.

Fireworks Fly in Fish Lake Township

Fish Lake Township (FLT) is the subject of a lawsuit filed on June 18th by former FLT Supervisor and Plaintiff Timothy O’Keefe (Chisago County District Court file #13-CV-09-737). Current FLT Supervisors Robert Carter and Robert Cupit, and Clerk Andrea Nekowitsch are named individually as Defendants. While the lawsuit does not name the third township supervisor, Diane Larkin, she is implicated in the legal action as part of Fish Lake Township collectively.

The precedent-setting, landmark case filed on behalf of Fish Lake Township taxpayers is based upon Minnesota Criminal Statutes including §609.43 regarding misconduct of public officers as well as Minnesota Open Meeting Law. It charges Defendants Carter, Cupit, Nekowitsch, and Fish Lake Township with three causes of action; Count I: Misconduct of Public Officer; Count II: Violation of Minnesota’s Open Meeting Law; Count III: Abuse of Process. The lawsuit seeks removal of Defendants Carter and Cupit from the Fish Lake Town board and Defendant Nekowitsch from the hired clerk position.

In the lawsuit, Plaintiff O’Keefe describes criminal acts he witnessed and encountered while serving as an elected official on the Fish Lake Town board. Pursuant to Minnesota State Statutes, Plaintiff O’Keefe believes that he is obligated to report and remedy the routine official misconduct that occurred in Fish Lake Township. According to the lawsuit, Defendants Carter, Cupit and Nekowitsch "engaged in intentional actions to restrict the Plaintiff’s access to Township records and documents" and "failed to include the Plaintiff on communications that were necessary to governance of the Township." The lawsuit further states that Defendants Carter, Cupit and Nekowitsch "regularly engaged in business outside of open public meetings and in the absence of the Plaintiff" and that "duly noted Township meetings were merely a ‘show’ for voting on Township issues that had previously been decided outside of a public meeting. Despite being excluded from discussions regarding Township matters and limited access to Township records, the Plaintiff uncovered documentation and information that Township funds were misappropriated" by Defendants Carter, Cupit and Nekowitsch. The lawsuit states that the actions of Defendants Carter, Cupit and Nekowitsch "represent a consistent pattern of intentionally failing or refusing to perform mandatory, nondiscretionary and ministerial duties of their office in a manner required by law." The lawsuit further states that the actions of Defendants Carter, Cupit and Nekowitsch represent "a pattern of knowingly and intentionally acting in excess of their legal authority" and "consist of a pattern of intentionally and unlawfully interfering with the rights of the plaintiff as a fellow board member."

As fireworks fly this 4th of July, what does the future hold for Fish Lake Township government?


The Fish Lake Karpa is committed to keeping its readers informed of this news story as more information becomes available.

FLT Politics as Usual?

Inside sources report a lawsuit recently filed against Fish Lake Township names Supervisors Robert Carter and Robert Cupit and Clerk Andrea Nekowitsch, individually and collectively, as defendants. The complaint alleges numerous wrongdoings including misappropriation of township funds.

What revealing evidence could possibly expose "politics as usual" in Fish Lake Township?


The Fish Lake Karpa is working to provide its readers with the complete story.

Supervisor Carter Refuses to Respond

Fish Lake Township Supervisor Robert “Bob” Carter has refused to respond despite repeated attempts by the Fish Lake Karpa to obtain his input and comments on the following questions:

1.) Can you provide more details regarding the alleged criminal complaint against you (i.e. Chisago County case #09004652)?

2.) Have you been in contact with the Chisago County Sheriff’s department and/or the County Attorney’s office regarding the alleged criminal complaint against you?

3.) If any of the criminal allegations have merit, and you are charged with a crime, how will you respond?

4.) Have you retained an attorney at this time?

5.) Can Fish Lake Township taxpayers expect to pay for your attorney and defense?

6.) What prompted your recent resignation from the Fish Lake Township Board Chair position?

7.) Under your leadership, the Fish Lake Township official web site was recently reconstructed. Why were all official meeting minutes prior to 2008 cleansed from the web site?

8.) Do you have any further comments you would like to provide?


Supervisor Carter prides himself as a “great communicator,” and in his own words has stated, “E-mail and web sites are incredible tools for communicating and involving people.” As a public official, he is also held to a higher standard of public trust and personal integrity.

Why won’t Supervisor Carter answer the Karpa’s questions and provide an explanation to the public?

FLT Deprived of Honest Government?

Inside sources have confirmed an ongoing investigation by the Chisago County Sheriff’s Department into criminal allegations made against Fish Lake Township (FLT) Supervisor Robert D. Carter. Criminal case #09004652 is apparently centered on Supervisor Carter’s "ultra vires acts" of routinely exceeding his elected authority as a public official. The complaint may implicate township employees as well.

According to the Minnesota Association of Townships 2008 Manual on Town Government, § 5-6 Exceeding Powers; "……knowingly exercising a power the board does not have or knowingly exceeding a power it does have is criminal and will likely be treated harshly. Any knowing abuse of power is punishable as a gross misdemeanor. Insurance policies towns and their officers would normally rely upon to provide a defense to suits do not provide coverage for criminal acts. Officers found to have violated a criminal law may not have their defense costs or any fines reimbursed by the town or its insurance companies. When officers or boards act without or beyond their authority, it is called ultra vires. Courts strictly apply the ultra vires doctrine against local governments in order to protect the public. An act found to be ultra vires is considered to be without legal force or effect."

One example of a Minnesota State Statute that pertains to township officials and employees is §609.43, "MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE" which states;
"A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both:
(1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or
(2) in the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or
(3) under pretense or color of official authority intentionally and unlawfully injures another in the other's person, property, or rights; or
(4) in the capacity of such officer or employee, makes a return, certificate, official report, or other like document having knowledge it is false in any material respect."

Will Chisago County Commissioners Lora Walker, Rick Greene, and/or Ben Montzka attempt to obstruct the legal process of this criminal investigation because of their close, personal relationships with FLT Supervisor Carter?


The Fish Lake Karpa is committed to keeping its readers apprised of this developing news story.