February 03, 2015 - The Administrative Law Judge concludes that the Department has shown, by a preponderance of the evidence, that Respondent pled guilty to a crime involving moral turpitude, in violation of Minn. Stat. § 60K.43, subd. 1(6), and, therefore, recommends that the Commissioner of Commerce (Commissioner) enter an order disposing of this matter as the facts require.
February 02, 2015 - 1. Xcel’s handling of the Monticello LCM/EPU Project was not prudent.
2. The Company’s request for recovery of all Monticello LCM/EPU Project cost overruns is not reasonable.
3. Costs should be allocated between the LCM and EPU portions of the Project in a ratio of 15 percent to 85 percent, respectively.
4. The Department’s preferred disallowance remedy should be adopted, as follows. The Commission should disallow $71.42 million on a Minnesota jurisdictional basis with related Allowance for funds Used During Construction (AFUDC) costs, which reflects the portion of the Monticello EPU overrun that was not cost effective, as calculated by the Department, for a resulting revenue requirement adjustment of $10.237 million for 2015 on a Minnesota jurisdictional basis and ongoing over the remaining life of the plant, stepped down each year due to accumulated depreciation.2
January 23, 2015 - The Administrative Law Judge concludes that because of the illnesses and distress that followed from Mr. Goodin’s food preparation practices, the Department’s assessment of the $10,000 administrative monetary penalty is reasonable.
January 23, 2015 - IT IS HEREBY DETERMINED THAT:
1. The MPCA has the statutory authority to adopt the rules.
2. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14 (2014), and Minnesota Rules, Chapter 1400 (2013).
3. The record demonstrates the rules are needed and reasonable.
4. There are editorial revisions, described in the attached memorandum, which would contribute to the clarity and readability of the rule.
IT IS HEREBY ORDERED THAT:
1. The rules are APPROVED.
2. The MPCA should consider making the technical changes set forth in the attached memorandum.
January 15, 2015 - The Board has established that it has the statutory authority to adopt the proposed rules, that it complied with applicable procedural requirements, and that the proposed rules are necessary and reasonable.
January 15, 2015 - The Administrative Law Judge concludes that Respondent violated Minn. Stat. § 157.16 (2014) and that the Department properly issued the Administrative Penalty Order. The Administrative Law Judge further concludes that the administrative penalty assessed was unreasonable under the statutory factors and recommends that the Department reduce the fine to $2,500.
January 13, 2015 - IT IS HEREBY DETERMINED THAT:
1. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400 (2014).
2. According to Minn. Stat. 442A.02, subd. 5 (2014), the OAH has the statutory authority to adopt these rules using the exempt rulemaking process.
IT IS HEREBY ORDERED THAT:
The adopted rules are APPROVED.