1. 20110908-0022 FERC PDF (Unofficial) 09/08/2011 Posted by http://MillCityTimes.com
RICE, MICHELS & WALTHER LLP
Attorneys and Counselors at Law
Brian F. Rice ~ James P. Michels ~ Ann E. Walther ~ Korin E. Peterson ~ Michael J. Salchert
Writer's Direct Dial: (612) 676-2303
Email: briceta ricemichels. corn
September 2, 2011
7
r '.
rn cled
Ms. Kimberly D. Bose
Secretary co
c ''.
Federal Energy Regulatory Commission I
Ib
888 First Street NE
Washington, DC 20426
Re: Crown Hydro LLC, Crown Mill Hydroelectric Project
FERC Project No. 11175
Dear Secretary Bose:
I am the General Counsel for the Minneapolis Park and Recreation Board ("MPRB"). I am
writing in response to the letter dated August 25, 2011 from Donald H. Clarke, the attorney for
Crown Hydro, LLC, regarding the recently concluded Minnesota special legislative session.
There are several assertions in that letter that I believe are misleading and inaccurate.
First, on June 23, 2011, Crown Hydro's attorney sent a letter to FERC asking you to delay action
on the proposed termination of their license based on their promise that they would obtain
passage of legislation in a special session of the Minnesota legislature that would give them site
control over MPRB public parkland Crown Hydro needed for their operation. The Minnesota
legislature did convene in special session on July 19'" to deal with budget and other matters. In
the course of that special session, no legislation to benefit Crown Hydro was passed or even
introduced, despite Crown's assurances legislative action would occur. The session ended and
Crown Hydro's promise of legislation to give them site control did not materialize. In light of
those events, FERC should be highly suspect of any claims by Crown Hydro about their ability
to enact legislation during a special session.
Second, Crown Hydro's representative asserts that only budget matters were dealt with during
the 2011 special session. That statement is factually incorrect. In addition to passing eleven
budget and tax bills, the legislature also enacted a policy bill dealing with pension reform. The
excuse Crown Hydro uses that only budget bills were enacted is not accurate. In calling the
special session, Governor Dayton specified that the legislature consider twelve pieces of
legislation. The legislature considered and passed those twelve bills. Crown Hydro's legislation
was not one of those bills. In Minnesota, only the Governor can call a special session, and it is
the Governor who establishes the agenda for the session.
206 East Bridge - Inverplace ~ 10 Second Street Northeast ~ Minneapolis, Minnesota 55113
Phone (612) 676-2300 ~ Fax (612) 676-2319 ~ rvsssv. ricemichels. com

2. 20110908-0022 FERC PDF (Unofficial) 09/08/2011 Posted by http://MillCityTimes.com
Crown Hydro is now urging FERC to forego action on termination of their license with yet
another promise to enact legislation during a yet to be called special session of the legislature.
At this point, there is no need for a special session of the legislature as all budget bills have been
enacted. The Governor could call a special session later this year; however, the entire discussion
about another special session has focused around a new stadium for the Minnesota Vikings. At
this point, there is no certainty another special session will be called. Further, there has been
absolutely no public attention on the question of Crown Hydro's desire to obtain public parkland
for its project such as would necessitate the need for special legislative action.
Lastly, FERC should know that the MPRB is opposed to legislative action that would take away
the Park Board's control of its property. The Minnesota Constitution prohibits special legislation
of the type Crown Hydro has proposed. FERC should also be aware that the League of
Minnesota Cities and the City of Minneapolis are opposed to the strategy that Crown Hydro is
employing to obtain site control to this property. Any legislative effort by Crown Hydro would
be met with strong opposition and would likely face constitutional problems as well.
I would urge FERC to give no credence to the mistaken and misleading information that Crown
Hydro's attorneys are providing.
Very truly yours,
Brian F. Rice
cc: Minneapolis Park Commissioners
Peggy Harding, FERC Regional Engineer

3. 20110908-0022 FERC PDF (Unofficial) 09/08/2011 Posted by http://MillCityTimes.com
Document Content(s)
12758973.tif..........................................................1-2