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MINNESOTA <br /> DEPARTMENT OF <br /> COMMERCE 85 7th Place East, Suite 500 <br /> St. Paul, Minnesota 55101-2198 <br /> 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 <br /> March 9, 2004 <br /> Burl W. Haar <br /> Executive Secretary <br /> MN Public Utilities Commission <br /> 121 7th Place East, Suite 350 <br /> St. Paul,Minnesota 55101-2147 <br /> RE: Docket No. E999/CI-03-869 <br /> Dear Dr. Haar-. <br /> The question has been raised about the necessity for legislative action regarding the <br /> inclusion of landfill gas under the definition of"biomass"for the Renewable Energy <br /> Objective(REO)per Minn. Stat. 216B.1691, subd. 1(1). The Department offers these <br /> brief comments in response to this question. <br /> In our initial comments, the Department of Commerce intended to comment on the <br /> inclusion of landfill gas as an eligible energy technology,but that provision was <br /> inadvertently left out of our comments and will be addressed in our reply comments. It is <br /> our position that landfill gas should be included as "biomass"under Minn. Stat. Section <br /> 216B.1691, subd. 1, clause(1). That clause specifies that biomass includes an energy <br /> recovery facility used to capture the heat value of mixed municipal solid waste or refuse- <br /> derived fuel from mixed municipal solid waste as a primary fuel. An electric generation <br /> unit that uses landfill gas as a primary fuel is just such an energy recovery facility. The <br /> output from the unit should be counted toward the REO,provided other necessary <br /> conditions established by the REO statute, or by the Commission, are met. <br /> Sincerely, <br /> .047 M. WHITE <br /> Man. : , Energy Planning and Advocacy <br /> MMW/cw <br /> c: Representative Duke Powell <br /> REO Service List <br /> Market Assurance: 1.800.657.3602 Licensing: 1.800.657.3978 <br /> Energy Information: 1.800.657.3710 Unclaimed Property: 1.800.925.5668 <br /> www.commerce.state.mn.us An Equal Opportunity Employer <br />