STATE OF MINNESOTA   COUNTY OF HENNEPIN	DISTRICT COURT   FOURTH JUDICIAL DISTRICT
Power Line Task Force, Inc., a Minnesota not-for-profit corporation, on its own behalf and on behalf of the State of Minnesota,   Plaintiff,   v.   Northern States Power Company, d/b/a Xcel Energy, a Minnesota corporation,   Defendant.	Case Type:  Other Civil   Court File No. ________         COMPLAINT

Plaintiff Power Line Task Force, Inc. (“Task Force”), for its Complaint against Defendant Northern States Power Company, d/b/a Xcel Energy (“Xcel”), states and alleges as follows:

COUNT I

1.                 This is an action pursuant to the Minnesota Environmental Rights Act (“MERA”), Minn. Stat. §116B.01, et seq., against the proposed construction by Xcel of a high-voltage electric power transmission line without applying for or obtaining a Certificate of Need from the Minnesota Public Utilities Commission (“PUC”) or a Route Permit from the Minnesota Environmental Quality Board (“EQB”), both of which are required by Minnesota law and regulations of the aforesaid agencies as prerequisites to any such construction.

2.                 Plaintiff Task Force is a Minnesota not-for-profit corporation consisting of homeowners and residents of the City of Sunfish Lake, Minnesota, who will be detrimentally affected by the construction and operation by Xcel of a proposed new double-circuit 115 kilovolt (115kV) transmission line extending for approximately 14.7 miles through their city as well as others.

3.                 Xcel is a Minnesota corporation that is engaged in furnishing power and energy to residents in Minnesota with its principal place of business in Hennepin County, Minnesota.

4.                 Xcel intends to begin construction of a new transmission line that will be operated at a voltage of 115 kV and extend for 14.7 miles through the southeastern portion of the Twin Cities metropolitan area, transversing  the City of Sunfish Lake and the City of Mendota Heights.

5.                 The aforesaid transmission line will be constructed on easements on properties owned by members of the Task Force or adjacent to their properties.

6.                 In order to construct the transmission line, Xcel will have to enter upon properties owned by various members of the Task Force.

7.                 Minn. Stat. § 216B.243 and Minn. Rules § 7849.0030 require that Xcel obtain a Certificate of Need from the PUC prior to constructing any transmission line with a capacity in excess of 100 kV and extending more than 10 miles.  In order to obtain such a Certificate of Need, Xcel must establish that the demand for electricity cannot be met more cost-effectively through energy conservation and load-management measures and that it has otherwise justified the need for the transmission line.

8.                 Xcel has neither applied for nor obtained a Certificate of Need from the PUC for the new transmission line.

9.                 Minnesota’s power line siting act, Minn. Stat. §§ 116C.52 – 116C.69, declares that it is:

...the policy of the state to locate large electric power facilities in an orderly manner compatible with environmental preservation and the efficient use of resources. In accordance with this policy the [Minnesota Environmental Quality] board shall choose locations that minimize adverse human and environmental impact while  insuring continuing electric power system reliability and integrity and insuring that electric energy needs are met and fulfilled in an orderly and timely fashion.

 

10.            Consistent with the foregoing policy, Minn. Stat. § 116C.57, subd. 2, and Minn. Rules §4400.0600 require that, before constructing a high voltage transmission line to be  operated at a nominal voltage of 100 kV or more, Xcel obtain a Route Permit for such transmission line from the EQB.   

11.            Xcel has neither applied for nor obtained a Route Permit from the EQB for the construction of the aforesaid transmission line.

12.            The construction and operation by Xcel of the aforesaid transmission line will cause harm to the Task Force and its members, including diminution of value of property, adverse health effects, and impairment, disruption, destruction and dislocation of their land and property during the construction process.

13.            The construction and operation by Xcel of the aforesaid transmission line without first obtaining the requisite Certificate of Need and Route Permit from two public bodies entrusted to protect the public’s interest in energy conservation and environmental quality will violate the law of the State of Minnesota and the Rules of the PUC and EQB, and will cause harm to the Task Force and its members, including diminution of value of property, adverse health effects, and impairment, disruption, destruction and dislocation of their land and property during the construction process.

14.            The MERA provides that the Task Force may maintain a civil action in the name of the State of Minnesota for protection of the air, water, land, or other natural resources within the state from pollution, impairment, or destruction.

15.            The aforesaid conduct by Xcel in failing to seek and obtain a Certificate of Need from the PUC and Route Permit from the EQB constitutes pollution, impairment or destruction insofar as such conduct violates or is likely to violate existing rules of the PUC and EQB within the meaning of the MERA, Minn. Stat. §116B.01, subd. 5.

16.            The construction and operation by Xcel of the aforesaid transmission line without obtaining the requisite Certificate of Need and Route Permit will be continuing in nature and constitute irreparable harm for which there is no adequate remedy at law. 

17.            A real and genuine dispute exists relative to the rights and obligations of the parties concerning the Certificate of Need and Route Permit for the aforesaid transmission line, and this Court has the authority to construe those rights and obligations under the Uniform Declaratory Judgment Act, Minn. Stat. §§ 555.01, et seq.

18.            By reason of the above, Plaintiff Task Force is entitled to an Order declaring that Xcel may not construct the aforesaid transmission line without first obtaining a Certificate of Need from the PUC and a Route Permit from the EQB, and enjoining and restraining Xcel from constructing the aforesaid transmission line without such authorizations.

COUNT II

19.            Plaintiff realleges the foregoing paragraphs of its Complaint and incorporates them by reference as if fully set forth herein.

20.            The construction and operation by Xcel of the aforesaid transmission line will cause harm to the Task Force and its members, including diminution of value of property, adverse health effects, and impairment, disruption, destruction and dislocation of their land and property during the construction process, and will, therefore, constitute a nuisance.

21.            The construction and operation by Xcel of the aforesaid transmission line without first obtaining the requisite Certificate of Need and Route Permit from two public bodies entrusted to protect the public’s interest in energy conservation and environmental quality will violate the law of the State of Minnesota and will cause harm to the Task Force and its members, including diminution of value of property, adverse health effects, and impairment, disruption, destruction and dislocation of their land and property during the construction process, and will, therefore, constitute a nuisance.

22.            The construction and operation by Xcel of the aforesaid transmission line without obtaining the requisite Certificate of Need and Route Permit will be continuing in nature and constitute irreparable harm for which there is no adequate remedy at law. 

23.            A real and genuine dispute exists relative to the rights and obligations of the parties concerning the Certificate of Need and Route Permit for the aforesaid transmission line, and this Court has the authority to construe those rights and obligations under the Uniform Declaratory Judgment Act, Minn. Stat. §§ 555.01, et seq.

24.            By reason of the above, Plaintiff Task Force is entitled to an Order declaring that Xcel may not construct the aforesaid transmission line without first obtaining a Certificate of Need from the PUC and a Route Permit from the EQB, and enjoining and restraining Xcel from constructing the aforesaid transmission line without such authorizations.

 

COUNT III

25.            Plaintiff realleges the foregoing paragraphs of its Complaint and incorporates them by reference as if fully set forth herein.

26.            The construction and operation of the proposed transmission line by Xcel will constitute a trespass on the real property owned by individual members of the Task Force.

27.             The construction and operation of the proposed transmission line by Xcel on the real property owned by members of the Task Force will be continuing in nature and constitute irreparable harm for which there is no adequate remedy at law.   

28.            A real and genuine dispute exists relative to the rights and obligations of the parties concerning the Certificate of Need and Route Permit for the aforesaid transmission line, and this Court has the authority to construe those rights and obligations under the Uniform Declaratory Judgment Act, Minn. Stat. §§ 555.01, et seq.

29.            By reason of the above, Plaintiff Task Force is entitled to an Order declaring that Xcel may not construct the aforesaid transmission line without first obtaining a Certificate of Need from the PUC and a Route Permit from the EQB, and enjoining and restraining Xcel from constructing the aforesaid transmission line without such authorizations.

COUNT IV

30.            Plaintiff realleges the foregoing paragraphs of its Complaint and incorporates them by reference as if fully set forth herein.

31.            The construction and operation of the proposed transmission line by Xcel will constitute an unauthorized intrusion upon the physical premises and solitude of the real property owned by members of the Task Force and an unreasonable invasion of privacy

32.            The construction and operation of the proposed transmission line by Xcel on the physical premises of the real property owned by members of the Task Force will be continuing in nature and constitute irreparable harm for which there is no adequate remedy at law. 

33.            A real and genuine dispute exists relative to the rights and obligations of the parties concerning the Certificate of Need and Route Permit for the aforesaid transmission line, and this Court has the authority to construe those rights and obligations under the Uniform Declaratory Judgment Act, Minn. Stat. §§ 555.01, et seq.

34.            By reason of the above, Plaintiff Task Force is entitled to an Order declaring that Xcel may not construct the aforesaid transmission line without first obtaining a Certificate of Need from the PUC and a Route Permit from the EQB, and enjoining and restraining Xcel from constructing the aforesaid transmission line without such authorizations.

 

WHEREFORE, Plaintiff Power Line Task Force, Inc. requests the following relief against Defendant Northern States Power Company, d/b/a Xcel Energy:

1.       An Order declaring and adjudging that Defendant Xcel must obtain a Certificate of Need from the PUC and a Route Permit from the EQB prior to constructing the aforesaid transmission line;

2.       An Order restraining Defendant Xcel from constructing the aforesaid transmission line without obtaining a Certificate of Need from the PUC, and a Route Permit from the EQB;

3.       Awarding to Plaintiff its reasonable costs and disbursements incurred herein; and

4.       Such other and further relief as the Court may deem just and equitable.

 

Dated:  March ___, 2003                             MANSFIELD, TANICK & COHEN, P.A.

 

 

 

By:________________________________

     Marshall H. Tanick (108303)

     Stephen H. Parsons (84219)    

     1700 Pillsbury Center South

     220 South Sixth Street

     Minneapolis, MN 55402-4511

     (612) 339-4295

 

ATTORNEYS FOR PLAINTIFF

POWER LINE TASK FORCE, INC.

 

ACKNOWLEDGMENT

 

          The undersigned acknowledges that pursuant to Minn. Stat. §549.21, subd. 2, costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass, or committed a fraud upon the Court.

 

 

Dated:  March ____, 2003                           By:________________________________

                                                                            Marshall H. Tanick

307858.3                                                                                   Registration no. 108303