STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

CASE TYPE: Other Civil

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Power Line Task Force, Inc., a Minnesota not-for-profit corporation, on its behalf and on behalf of the State of Minnesota,

Court File No. MC 03-003400

Plaintiff,

DEFENDANT NORTHERN STATES POWER COMPANY d/b/a XCEL ENERGY'S NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE OR, IN THE AL TERNA TIVE, RULE 12 DISMISSAL

v.

Northern States Power Company d/b/a Xcel Energy,

Defendant.

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TO: PLAINTIFF POWER LINE TASK FORCE, INC. AND ITS ATTORNEYS MARSHALL H. TANICK, MANSFIELD, TANICK & COHEN, P.A., 1700 PILLSBURY CENTER SOUTH, 220 SOUTH SIXTH STREET, MINNEAPOLIS, MN 55402-4511

PLEASE TAKE NOTICE that on Tuesday, May 20, 2003 at 9:00 a.m., at the Hennepin County Government Center, Courtroom 1856, 300 South Sixth Street, Minneapolis, Minnesota 55487, before the Honorable Deborah Hedlund, Defendant Northern States Power Company, d/b/a Xcel Energy (Xcel Energy) will move the Court for an order under Minn. Stat. § 542.11(4) to transfer venue of Plaintiff Power Line Task Force, Inc.'s (Task Force) action to Dakota County, First Judicial District or, in the alternative, the Rule 12 dismissal of this action.

Xcel Energy has for four full years been seeking to upgrade the 6.36-mile phase one portion of its 14.7-mile long southeast metro transmission line from a single circuit 69kV line to a double-circuit 115kV line. The 6.36-mile long phase one segment of this 80-year-old line is entirely in Dakota County. Xcel Energy's Dakota County upgrade project has been opposed at every step by Task Force, which is self-described as a Minnesota nonprofit corporation "formed by homeowners residing in the cities of Sunfish Lake, Mendota Heights and South St. Paul, whose properties are in close proximity to the electrical transmission line." Task Force has unsuccessfully challenged the Minnesota Environmental Quality Board's (EQB) November 13, 1999 negative declaration on the need for an environmental impact statement for the line upgrade project. It has unsuccessfully challenged the Minnesota Public Utilities Commission's (PUC) January 4, 2000 order refusing its request to shut down the existing line because of environmental concerns - namely, electromagnetic field (EMF). And it has, to date, unsuccessfully challenged the court-ordered local zoning approvals of the project. With all of the required local zoning permits finally in place, Xcel Energy has commenced construction of the line upgrade.

In its apparent last stand, Task Force's latest legal maneuver seeks to enjoin Xcel Energy's construction of its line upgrade project due to Xce1 Energy's supposed non-compliance with the new Power Plant Siting Act (PPSA) requirements - namely, (1) § 216B.243's certificate of need and (2) § 116C.57 or .576's route permit. Despite the new PPSA's August 1, 2001 "effective date," Task Force seeks to apply the new PPSA retroactively to Xce1 Energy's pending project. Task Force and City of Sunfish Lake unsuccessfully raised this same argument with regard to the city's February 5, 2002 denial of the requested permits for the project.

Xce1 Energy seeks a § 542.11(4) transfer of venue back to Dakota County where (1) each of the three prior zoning approvals were litigated and one is still pending; (2) the entire 6.36-mi1e line upgrade segment sits; (3) any harm from the line upgrade project would be incurred; and (4) all of the Task Force members reside. In the alternative, Xcel Energy seeks a Rule 12 dismissal. Dismissal is compelled because the new PPSA applies prospectively, not retroactively, and, in any event, (1) there is no requisite environmental threat posed by the § 216B.243 certificate of need requirement; (2) any environmental threat posed by the § 116C. or .576's route permit requirement has been finally determined by EQB; and (3) the local zoning decisions otherwise satisfy the route permit requirement.

This motion is supported by the memorandum of law and supporting documents that will be filed pursuant to the Minnesota Rules of Civil Procedure, as well as by all of the files, records and proceedings herein.

DATED: March 24, 2003 BRIGGS AND MORGAN, P.A..

Jack Perry (#209272)

Thomas Erik Bailey (#236871)

2400 IDS Center Minneapolis, MN 55402

(612) 334-8400

Of Counsel

Harold J. Bagley (#0003906)

Assistant General Counsel,

Xcel Energy U.S. Bancorp Center

800 Nicollet Mall, Suite 2900

Minneapolis, MN 55402-2023

(612) 215-4586

ATTORNEYS FOR DEFENDANT

NORTHERN STATES POWER

COMPANY d/b/a XCEL ENERGY