All posts in the topic Ninth Ward E-News - Wednesday, April 9, 2008-Special Edition (Short link)

The proposed biomass facility at 22nd Ave South near 28th Street East. The East
Phillips neighborhood is home to an arsenic contamination EPA Superfund site.

The Minneapolis Public Works director has determined
<http://www.startribune.com/local/17389439.html>  that a March 30th deadline
needed to maintain a land sale option for a proposed biomass facility in
Phillips has not been met.



Specifically, Public Works Director Steve Kotke says the development
<http://kandiyo.com/energy.php>  lacks a power purchase agreement with Xcel
Energy.



In a statement, Kotke wrote "Even though (the developer) has supplied Xcel with
considerable materials in their application for a power purchase agreement,
they are still in the process of negotiating the terms of a power purchase
agreement and no tentative agreement has been reached."



Kotke states that his department will begin the process required to cancel the
land sale. Under Minnesota law, the city must notify the purchaser of the
intent to cancel the agreement, and also provide an additional 60 days for the
buyer to fulfill the contract. According to city Attorney Susan Segal,
"Minnesota statute 559.21 requires the seller to provide notice of the
cancellation to the potential purchaser and allows the purchaser a period of,
in this case, up to 60 days to cure the default. The statutory cancellation
process provides a method to insure clear title and to terminate any rights of
the potential purchaser under the contract."



Jullonne Glad, an organizer with Minneapolis Residents for Clean Air
<http://www.mplsresidentsforcleanair.blogspot.com/>  cautioned that the issue
is not over yet. "This is really good news. But we're still concerned that
there is an additional 60 days for the developer to comply with the terms. It
is still important for us to communicate with Xcel
<mailto:tim.kawakami@xcelenergy.com?subject=Midtown%20Burner>  and the City
Council the dangers that this facility poses in our community. We also need to
educate the community as to the economic and health affects that this may
cause."



In other developments, south Minneapolis State Senators Linda Berglin and
Patricia Torres Ray added language to a bill that directs the Minnesota
Pollution Control Agency to "analyze and consider the cumulative levels of past
and current pollution from all sources" before issuing a permit to the plant. A
final vote on the bill has not been scheduled.



The proposal to convert a former municipal incinerator into a 21-megawatt
biomass energy and district heating facility garnered opposition after public
hearings held by the MPCA last fall. Opponents site a technical specification
document released by the MPCA that states the burner could emit up to 1 million
pounds of pollutants annually, including nitrogen oxide, sulfur dioxide, carbon
monoxide, arsenic and lead.

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