John Millhone Narrator Ed Nelson Interviewer ec t April 10, 1978 ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj EN: Today is April 10, 1978. I’m at the office of John Millhone, the director of the [Minnesota] state Energy Agency. My name is Ed. Nelson. Mr. Millhone, how long have you been with the Minnesota Energy Agency? JM: I was named by Governor Anderson to be director of the Minnesota Energy Agency starting in September 1975. EN: And what did you do prior to this position? JM: Prior to this, I was director of the Iowa Energy Policy Council, the state energy office in that state. EN: And what sort of educational background do you have? JM: My educational training is primarily in journalism with a Bachelor of Journalism degree from the University of Missouri in 1950. I’ve also had some graduate work in political science and law at the University of Missouri and the Detroit College of Law. EN: What does your position here at the Energy Agency entail? M in JM: The Energy Agency has overall responsibility for the administration of energy policy in the state. As director of the agency, I’m responsible for all of its programs. These range from conservation to information, education, to local community programs, to technical services in the engineering area, to research in energy-related topics, to serving as the repository of energy data, to the forecasting of future energy needs, to the development of energy policies and programs designed to see that we have adequate supplies of energy in the future, and to the dealing with energy emergencies. EN: How old is the Energy Agency? JM: The Agency was created in 1974. EN: And you became director then shortly there after? JM: Yes. I came a little over a year afterwards. The first director was John McKay who retired 33 in 1975. EN: When did you first become involved with the CPA-UPA 400+/- kilovolt DC transmission line? ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj ec t JM: One of the first certificates of need that was requested of the Energy Agency dealt with that transmission line. The Agency has the power that I should have mentioned earlier, and that is the responsibility for determining whether large energy facilities are needed or not. A proposer who wants to build a large energy facility, including a large transmission line, files an application with the Energy Agency requesting a certificate of need. There’s a hearing process. And based on that hearing process, the hearing officer makes a recommendation to me. I review all of the record and the hearing examiner’s recommendation, and then decide whether or not a certificate will be granted or not. That law became operative in the fall of 1975. And one of the first applications that I received was from CPA-UPA for a certificate of need for that 400 DC line. EN: Did this cover the plant in North Dakota or just the transmission line? JM: This covered just the transmission line. Since the plant in North Dakota is not in Minnesota, that requires no state certificate, however, in determining whether or not a certificate—a project will be granted or not, the alternatives to the proposed facility are required to be considered. So it would have been possible, and at that time we did consider the possibility of some other facility that would meet the electric demand requirements of the CPA and UPA co-ops, other than the DC line that had been proposed. EN: You mentioned considering alternatives. Maybe it’s a good time to ask the question, what sort of other alternatives were there to this project or to the transmission line? JM: Well, alternatives could have been using an AC line instead of a DC line. The alternative of bringing the coal to Minnesota and creating a power plant here rather than using a mine mouth plant in North Dakota, those are the principle alternatives. Of course there’s also the no-build alternative, the alternative of simply not having the transmission line. M in EN: What were the arguments against, say, hauling the coal or using a DC instead of an AC line? JM: The arguments in favor of an AC line were that there was more familiarity with that kind of transmission line. The arguments for the DC line were that there would be less electricity lost because of using a DC line over that distance. The type of facility that is used for transmission of large volumes over long distances depends in part upon just how much the load loss would occur in the transmission itself. DC lines provide significantly less loss of electricity. As far as the location of the plant in Minnesota, instead of in North Dakota, generally for Minnesota if you’re using lignite, which is a low BTU coal, then facilities at the mine mouth in 34 central North Dakota have some desirable aspects than with a transmission line into the state, or at least that was the record that was made in the hearing. Whereas if you go further west, then you have longer transportation, and you also have a higher BTU coal. And so there are some advantages in bringing the coal to the state and having your power plants located here. Lignite, besides being closer to Minnesota, also has a lower BTU content so that the transportation costs of bringing lignite from central North Dakota would be greater than with a higher BTU coal. ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj ec t Now these were the principal factors that led me to conclude that the proposed project was the best of the alternatives that were considered. Also a factor here that I think had some bearing was that a considerable amount of work already had occurred on the North Dakota project, and although it was not a decisive factor at all, I think that one of the things that I was aware of that bore on my decision in part was knowledge that if I decided some alternative ought to be used, there would be a considerable loss because you would have had to have abandoned the work that had been done on the facility at that time. As I recall, it was several hundreds of millions of dollars had been spent on that project. And that, of course, would have been an expense that would have to have been borne by the CPA-UPA customers, if we had scaled back and gone some other direction. EN: What would an application for such a facility as the CPA-UPA facility consist of? JM: The application itself was a document several inches thick that describes the facility and describes the need that is forecast by CPA and UPA with a considerable amount of documentation and tables showing what the two co-ops anticipated their future needs would be. In addition, there are the filings by the opponents to the transmission line. Then during the hearing stage, the applicant submits testimony, and the witnesses for the Energy Agency also submit testimony, any other parties that are opposed to the facility or in support of it would submit testimony. Each of those producing testimony may or may not produce exhibits to support their testimony. And then the transcripts of the hearings are also part of the record. And then the hearing examiner looks at all of this material before making his recommendation to me, and his recommendation to me is also part of the testimony. M in So I was carrying the stuff around in a box when I was working on that decision. And it pretty much filled. It happened to be one of these—I think a six gallons of wine box or something like that—a typical kind of liquor store box and it was pretty full of all the records and exhibits. So this was quite a thick record for me to look at before I made the decision. EN: Was there just one hearing for this line in one place or was this—? JM: No, we had hearings. Most of the hearings were in the Twin Cities but we also had a hearing in Alexandria and asked people along the line to take part in the record here, if they wanted to, but also at the hearing in Alexandria. And a number of them did. The parties that are participating in the protest against the line participated in the hearings as well. So the positions that they’re expressing now are positions that were expressed during the hearing and were heard by the hearing examiner who recommended in favor of the line and were also considered by me in my decision. 35 EN: I’ve talked to a number of opponents who’ve expressed criticism of the needs hearings. Said things like the state took the utilities’ word for everything. It didn’t do any independent study. Maybe I could ask you to react to that. ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj ec t JM: Well, I think that criticism isn’t valid. We did considerable, fairly strenuous crossexamination of the position that was put forward by the utilities. And the Agency did have some of its own forecast as well, although we had just been a newly created operation, and we didn’t have some of our forecasts and projections in as good a shape as we do today. But I think we gave quite a thorough cross-examination of the case put forward by the company and did present information ourselves. The Agency was a participant as a party in the hearing. The issues really weren’t that complicated. CPA and UPA provide a very small percentage of their own electricity. These are large generation and transmission cooperatives that sell their power then to local distribution cooperatives. And they have a very small portion of the generating capacity that they need. They’ve been able to purchase power in the past. In the future they will not be able to make the same purchases—much of it from the Bureau of Reclamation, from the hydroelectric generating plants in the Dakotas. These plants are going to be serving what they call their first priority customers to an increasing degree in the future and will have to curtail the amount available to the CPA and UPA cooperatives. So the need for additional generating capacity for CPA and UPA is a fairly clear matter. Although the controversy was quite apparent at that early stage, once some time was spent looking at the needs of the two cooperatives and their existing facilities. It was fairly clear to me that some additional electricity was required for CPA and UPA and of the alternatives that were available at that time, the mine mouth plant in North Dakota with a DC line into Minnesota was quite clearly the most attractive of the alternatives. EN: I’ve heard it suggested that the CPA-UPA could have bought the power from NSP. NSP was selling electricity out of the state that could be kept in the state. Would that have been possible? M in JM: No, that wouldn’t have been possible. Minnesota generally has been a power deficit state. We have over the years bought more power from outside the state than we’ve sold to people outside of Minnesota. And this has been true for all the utilities, including NSP. It goes back to the time when cheap, relatively cheap, electricity from natural gas was available. Something that won’t be true in the future, isn’t true now. So there hasn’t been the excess capacity from NSP to provide it to CPA and UPA. In fact NSP has been involved in quite a rapid expansion of its generating facilities to meet its own requirements. EN: Is it difficult to project what the needs will be, to go through this process? JM: Yes. The projection of future electricity needs is exceedingly difficult because there are a number of things currently that are changing. For a long time you could just extrapolate the changes that were taking place historically into the future and be fairly close. But a number of 36 things have changed that. I might name some of them. One is price elasticity, the extent to which people use less electricity because it’s more expensive. And for many years electricity was a bargain and price elasticity wasn’t very influential, but now each unit of electricity is more expensive than those that existed in the past. ec t The total cost of electricity has climbed quite rapidly. So there is already, and will be increasingly in the future, a reduction in electricity demand because of the higher prices of electricity. ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj In addition, there are a number of things that are reducing electricity demand because of conservation, such as the legislation that the Energy Agency supported and helped get through that sets energy efficiency requirements for air conditioners. These kinds of efforts through conservation are reducing demand as well. So you have price elasticity and conservation reducing demand. On the other hand you have electricity being used as a substitute for natural gas or petroleum. And with natural gas supplies diminishing a little bit each year, this is happening to an increasing degree. This substitution is increasing demand for electricity over what it otherwise would have been. Then when we were in the mid 1970’s and shortly thereafter and we were going through a recession nationally, the pattern of electric demand that had occurred prior to that time was not occurring. Electric demand was flattening out for a few years. We also had the problem of trying to determine the effects of those three factors that I’ve mentioned, as well as the problem of determining how long the recession was going to last and when the economic upturn would occur and when it did occur, how vigorous it would be. M in So the period that we were looking at was one where electric demand projection was particularly difficult. It wasn’t really that difficult as far as CPA and UPA go, because they already needed additional facilities just to continue to be able to meet their existing customers. But when we started looking at requirements in the mid 1980’s, as we did in some other applications, some of these things that I’ve mentioned made those forecasts, those need decisions very difficult. I might also mention that if you look at the rate of increase in electric demand in CPA and UPA service area, it was increasing at the most rapid rate of any part of the state, with the exception of the MP&L, Minnesota Power & Light’s demand. That was as a result of the expansion of the taconite companies where there is a close industry expansion relationship. So the rural areas of the state have been areas of rapid increase in electrical demand. This is in part increased use of electricity in farmsteads, the increased use of irrigation, and also in many of the areas of the state served by the co-ops, an increased use of electric resistance heating for new construction. EN: What role do the citizens and the utilities and the state have in the needs determining process? Do you involve a lot of people? 37 ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj ec t JM: There are involvements at two levels. Once an application is filed, we send notices to all the papers in the area that would be affected, all the organizations that we know of that might be interested in participating in the need process, and encourage participation that way. We also provide information on when and where and how so people can see how they can participate. I’ve been quite flexible in allowing people, parties to come in after the deadline for filing as parties in order to encourage participation. And then we have held hearings, as we did in this one in Alexandria, in the area affected. So I think that we have been aware of the need to try to encourage citizen participation. I think since then we see that even though we made the effort, we probably should do more. Since then we have adopted some changes in our regulations to provide for additional public participation. We’ve also agreed to prepare an environmental report that describes the environmental impacts of the proposed facility early in the hearing process. In addition to that we have a statutory responsibility every two years to develop what amounts to an energy plan for the state to the legislature and to the governor. And this involves long-term forecasts of electric requirements and other energy requirements as well. We submitted our biennial report to the governor and the legislature in January, 1976. And that was our first one. We held hearings throughout the state on that report. So, aside from participation in the need hearing, this gives the public a chance to participate in the electric requirements that we see statewide, as well as other energy issues. We’re doing that again this year. EN: On the 400 +/- [k/V] controversy there were a number of court cases and things like that. Were you involved in that? JM: Well, we were one of the parties that was sued by the opponents of the transmission line. The Energy Agency, as far as the need decision, was a target of the lawsuit. And of course I’m on the Environmental Quality Board, which made the routing decision. And the EQB was also a target, and probably the principal target, of those lawsuits. EN: What would have happened had you had to rescind the certificate of need? M in JM: Well, if the courts had found any part of the certificate of need decision that would lead it to direct that certificate be rescinded, we’d probably have required that new hearings be held on part of the area or on the entire certificate. If that had happened, then there would have, I would guess, have been a new filing, and we would have looked at the certificate of need issue again, incorporating the findings or changes of the court. Of course this didn’t happen. The court found that we had abided by the law in determining that the need existed. EN: A lot of the controversy centered on health and safety issues. Is that something you took into consideration in determining what sort of facility is needed? JM: The law requires that we look at wide ranging impacts on the public in determining whether to provide a certificate of need decision. So, the health factors would be a consideration that would be made under the certificate of need procedure. The health factors in this particular 38 controversy really weren’t raised until later on when the issue got before the Environmental Quality Board. So, as I recall, an ozone and health issues of the transmission line itself were not a major consideration in the certificate of need decision. Those came later. ec t I’d also point out that you have to look at the health effects of the alternatives as well and the health effects of a coal-fired generating plant within the state. There would be health factors there that should be weighed as well. So we’re not in the happy position of having any option without some health problems. Each of the options that we have, if we’re going to have continued energy facilities, involve some kind of health risks, and we’re involved in tradeoffs. ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj We’re also involved in tradeoffs, if we were to not have any energy facilities because to not have the electricity that we need to do some of the things that are needed in work and health care, education, private home uses, and all the ways that we use energy for, if we were to not have some of that energy, there would be health consequences as well. So even the no-facility decision would have some health impacts. EN: Would public opposition to proposed facilities at the need hearings affect whether or not the certificate of need is issued or not? JM: Public opposition would have an influence on whether the decision was made for or against an energy facility. But it’s not a popularity contest. If most of the people who participated in a need certificate were against the certificate, but they had the weaker arguments, then it might go the other way. Certain statutory criteria that are necessary to be considered in making that need decision, and the affect on the public is one of them. It’s understandable when you’re looking at a facility that those directly affected by it would not want it. But it’s necessary to look also at the others in the state that would benefit from a facility and try to weigh the advantages and disadvantages of all individuals that would be affected, rather than those who would be affected most directly. EN: Is the Energy Agency involved in developing alternative sources? There have been a lot of suggestions that the state isn’t doing enough to avoid having to build large facilities. M in JM: Well, we have more people working on conservation and spend more money on conservation than any other area. In fact half or more of our activities are in the conservation area. We also have supported actively during this past legislative session property tax exemption for solar facilities, plus sun rights legislation, plus planning and zoning requirements that solar facilities be considered in any of those areas. We also have supported and have developed legislation for research on alternative energy resources and have state funded research in this area. We also actively participated in seeking the Solar Research Institute here, and although we didn’t get the national facility, we have gotten the regional facility for twelve states in this area. So, we also supported the development of solar energy standards. So I don’t think that there is any state in the union, with the possible exception of California, that has more aggressively sought to 39 develop alternative energy resources. ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj ec t We have an alternative energy policy program that has looked at the alternative energy potential of solar, active solar, passive, peak systems, wind, urban solid wastes, agricultural residue, timber products. And we’re trying to, and are developing specific recommendations in each of those areas. A long term energy plan that was just developed points out fairly specifically that unless we develop these alternative energy systems, as well as strenuous conservation, we simply won’t have enough energy to go around in the late 1980’s and in the 1990’s. So, a major thrust of the Agency has been the development of alternative energy systems as rapidly as possible. We have, I think, the most far-reaching and comprehensive and. aggressive conservation program of any state in the country. So those who say that we haven’t done enough in those areas, in my view, are just not aware of what’s going on. EN: Is there a larger, perhaps a national, energy plan that Minnesota fits into with the development of North Dakota coal and demands growing in the eastern United States? JM: Minnesota has had and is having an influence on some of the things that are happening nationally. Governor Perpich is chairman of the Energy Conservation Subcommittee in the National Governor’s Association. I serve as staff chairman for him. In that capacity we have been trying to get the national government to recognize the significant role that should be given the states in the energy area. If we’re talking about energy conservation, we’re talking about building codes and energy and information programs, utility rate design, transportation, planned use issues that are primarily state concerns. So we have argued nationally that the states ought to be recognized as the principal vehicle through which energy conservation can be achieved. This is also somewhat true in terms of alternative energy sources because each state has its own unique inventory of possible alternative energy resources. In some places it’s good sunlight. In some places it may be ocean thermal. Other places it may be energy crops. Other places it may be wind. These are quite state specific in nature as well. So instead of having a sort of national energy plan, despite all the attention that’s been given there, it’s far more important that each state has an energy plan that involves conservation and alternative energy resources, as well as programs that deal with alternative sources. M in We have been fairly successful in trying to get recognition that this is important. The White house Governor’s Conference on Energy last summer recommended that energy conservation legislation be coordinated into one single program. Governor Perpich, with me working with him, has represented the governors on this effort. We developed what’s called a comprehensive state energy management program legislation. The White House has endorsed this approach, and we are told, will submit the legislation to Congress to establish a State Energy Program some time within the next few weeks. EN: Are Minnesota’s energy needs going to grow? What sort of impact do you see happening in terms of conservation and alternative energy? JM: The energy requirements for the state are expected to grow, but at an increasingly slower 40 ec t rate than has existed in the past. But even with this growth occurring, because natural gas and petroleum are sources that are producing less and less energy nationally and less and less energy is available to Minnesota. So that even with a lower rate of demand increase because of declining supplies in the natural gas and petroleum area, it’s necessary for Minnesota to increase its use of coal, increase its conservation efforts, and increase its development of alternative energy sources. What we have tried to do is maintain a comprehensive and balanced policy for the state that recognizes the importance of all three of these traditional sources plus conservation and renewable resources. ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj EN: What impact has the opposition to the 400+/- [kV] line had on other needs? First of all, other need certificate hearing processes? JM: Well, I think it’s helped us improve our procedures for dealing with these issues. I think this in a sense is sort of a tragic aspect of what’s happened. We have recognized the need for still additional public participation in the process and have changed our rules accordingly. We have provided environmental reports available early in the certificate of need process so that those issues are flagged early. On the EQB, we have supported and developed new legislation that provides for an improved process by which these routing and siting decisions are made. So I think that the state regulatory mechanism for making these decisions is far better now than it would have been if there hadn’t been the protest. Now the tragic part about this is that those who have been the protestors and who have been in an important way responsible for this improvement in the government process aren’t going to benefit from these improvements in terms of the project that they’re most concerned about. EN: Has it helped or had any effect on state attitudes towards energy use? M in JM: Well, I think that that’s very difficult to measure. But I think that there is some slowgathering awareness of the need to conserve energy and that the protest has had some influence in that direction. But if you look at how some of the legislators from that area voted on the omnibus energy bill we considered this time, you would wonder whether they had had that influence or not. So part of it has just been sort of a negativism towards government. That hasn’t been very constructive, but I think that in terms of the increasing attention to the effects of increased unbridled increases in electric energy demand that this has had some benefits and will continue to have some. EN: Has the controversy had an impact on yourself, your office here? I know there was some controversy around Richard Wallin who is a certificate of need person. JM: Dick Wallin. EN: Dick Wallin. JM: Well, there hasn’t been any impact in terms of personnel changes or anything like that. I don’t think that my reading of what the protesters have said—I’ve met with them and tried to listen to what their concerns were –and I don’t think that they have pointed into areas where we 41 have fallen down significantly in doing the job. So I haven’t made any personnel changes or any reassignments based upon inadequacies in our operation that they’ve pointed out. ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj ec t You know, if you’re in government, and if you’re particularly in a regulatory area, and if you’re particularly in the area of energy regulation, you expect protest and controversy and. people to say that you’re not doing your job and all kinds of comments like that. And that just goes with the territory. I wish sometimes that it would be possible to communicate with some of the people there more constructively, so that they might open their minds to looking at some of the things that I feel should be considered. They undoubtedly feel as if I’m too closed in my considerations as well. But it hasn’t been a source of great personal duress, although during the protest out there I have been very concerned that someone might be hurt. Even if you feel as if you’ve made the right decisions, the possibility that someone might get injured seriously as a result of a process that you had some responsibility regarding is something that causes some personal concern, worry. Anxiety probably would be too strong a word, but sort of a serious personal concern that—I hope and pray that things will be worked out without any serious bloodshed. EN: I’ve heard it suggested that one of the problems is that persons such as yourself are appointed officials and they’re not responsive to the people, and maybe the Environmental Quality Board and the Minnesota Energy Agency should be headed by people who are elected. Do you have a response to that? JM: Well, I am responsible to people who are elected. I’m responsible to legislators, and I’m primarily responsible to Governor Perpich and before that, Governor Anderson. My response would be that to have an elected Energy Agency director would be a serious mistake. For one thing, at the present tine that office would get a lot off attention, and there may be people that the citizens would be knowledgeable about who would be running, but we’ve had a lot of experience with bedsheet ballots where people don’t know people who are being elected. And if you started electing all state commissioners, you would have an enormous bedsheet ballot. M in In addition, I think that it’s probably desirable to have people who are sort of one step away from the direct election process, who have a responsibility to those who are elected, but who are not directly under the gun in terms of having to make decisions that are expected to have only the greatest voter appeal. If we were to look at the most outspoken public response, if the director of the Energy Agency considered only those things, there would probably be very few, if any, energy facilities that were certified. And the net result of that would be inadequate energy supplies in the future, brownouts and blackouts in the electric utility area, loss of jobs and loss of quality of life because the facilities simply wouldn’t be there that would be needed in the future. Now, elected officials certainly can and do make tough decisions and might make the tough decisions necessary to provide those facilities. But I think in terms of having someone who could spend the time to look at those issues, weigh all the factors that need to be weighed, and yet at 42 the same time have someone who is accountable to the public through elected officials, the current system is far preferable. EN: Have you ever been involved with other controversies of this nature in your years in Minnesota? ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj ec t JM: Well, I have been involved in a number of controversies before the Environmental Quality Board. When I was head of the Iowa Energy Policy Council, I had to make recommendations in terms of which railroad branch lines would be approved for funding, and those were quite controversial decisions. And prior to that I was in the newspaper business for about twenty years and writing investigative and other types of articles, and oftentimes those involved a great deal of controversy. So I’m not new to public controversy. EN: Why do you think that this controversy occurred? Any speculation on that? JM: Sure, I can speculate some. I think that there are a number of factors that came together. I’ll name them without giving kind of priority. One is, I think, that when we changed our sort of national awareness and public legislative awareness to recognize the significance of the environment, that we wrote environmental considerations into our statutory language in such a way that when we were looking at power plant siting and utility line routing we excluded or gave a high priority to certain environmentally attractive areas and almost by default led to routing decisions more on agricultural land. I think at the same time the low farm prices and other governmental actions completely apart from energy facilities led farmers to feel as if they weren’t getting the attention from public officials and their governments that they should have. I think if you look back at areas where there had been protesting farm groups historically in Minnesota that some of the areas affected have been involved in protest. Another factor has been the feeling that—it’s fairly widespread—that we should get away from the huge energy facilities more to community size or smaller scale or appropriately scaled technologies. So this was a factor that also led to the controversy. M in I think CPA-UPA cooperatives did an exceedingly poor job, throughout the early steps in the process, in terms of educating the people would be affected by it as to the need, and to being sensitive to the concerns that would arise as a result of the process. There has been some quite able and vocal, articulate leadership among the people that were concerned. So they have brought so many things together. I think Minnesota has, and for very good purposes it should continue, opened up the process so that there is more public participation possible now than in most other states. But I think when you get public participation, the public tends to interpret that as public determination and that there’s going to have to be sort of an educational process while the public learns that public participation doesn’t mean that each group of protestors gets to decide what’s done. 43 All these factors, it seems to me have sort of rolled together into creating the elements that have given the controversy the force that it has. EN: You said you’ve worked closely with the governor. What sort of role does he have in this? ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj ec t JM: The governor has wanted to be, and has been, informed quite frequently on each step of the developments. Now, I probably should be saying where he has not been informed. I make the certificate of need decisions individually. In this instance, because I knew it was a controversial one, I’ve read the entire record and the attachments as well plus the hearings. So that was my decision alone. He wasn’t involved in my making of that decision, although once it was made I informed him, along with everyone else. Now when the controversy developed, and he has from time to time met with both sides, the protestors and the utilities and with the Energy Agency, Peter Vanderpoel from State Planning, Sandra Garter Green from PCA [Pollution Control Agency] and Bill Nye from the Agriculture Department have met with the governor from time to time. When the governor has had decisions involving what steps to take in response to the protest, some of his commissioners have met with him to discuss the options and programs at that time. I’ve been involved in those discussions as well. That’s the manner in which the governor’s been involved. EN: Being a former media person, how would you evaluate the role of the media in this? JM: Oh, I think the media has done a responsible job. Certainly a great deal more coverage has been given to the protest than the reasons for commissioners like myself in terms of the decisions that they’ve made, but that’s the nature of controversy of this type. So, I’ve got no complaints. I have made many efforts in terms of our hearings and comments and talks and what have you to try to get a fuller explanation of need for the facility. I find it somewhat frustrating that the need issue seems to come up again and again. I really haven’t been able to get very good coverage of the reasons for the facilities. Maybe that’s because I haven’t been more aggressive in getting that information out. But I think the media coverage has been responsible. in EN: I’m not sure if there are other things that I haven’t covered or additional things you’d like to comment on? M JM: I think we’ve covered it pretty well. EN: Do you foresee an outcome of this? JM: I think the outcome is still up in the air. The Supreme Court decision is may have some ramifications, the recent decision in terms of the transmission line, but one that says that existing routes have to be chosen over new routes. Apparently—I haven’t read the decision, I don’t want to—but that would make the line more controversial, and yet it’s a decision that the environmentalists probably would support. I guess if I were to make a prediction, it would be that with spring coming along, spring planting, it looks like with some improvement in farm prices, some progress in terms of the construction of the transmission line, that the issue will 44 slowly subside and be settled, and the transmission line will go up and be operative after a period of continued problems in terms of sabotage and some of that. But that’s, you know, I’d say it’s sixty-forty in that direction, with forty being still a range of uncertainty that isn’t very comforting. M in ne so M ta in Po ne w so er ta lin H eO is to ra ric l H al is So tor ci y P et r y oj ec t EN: Okay. Well, I thank you very much. 45
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