The second group of arguments made by WOLF to support dismissal are factual in nature. WOLF contends that the proposed line exceeds the permissible length for an exemption. WOLF also contends that the exemption application is incomplete since it did not contain a prediction of the noise levels of a 345kv line. WOLF also contents that the project is part of a connected or phased action which cannot qualify for the exemption. The applicant disagrees with the factual bases of these arguments.
Summary disposition is the administrative equivalent of summary judgment.
A material fact is a fact whose resolution will affect the result or outcome of the case. These disputed factual assertions do not support a summary dismissal of the application. Minnesota Power Motion to Exclude Testimony Minnesota Power made objections to portions of the expert testimony of Duane Dahlberg, Ph.D. These objections were made on the basis of relevance, materiality, speculation, foundation, beyond the scope of the MEQB order, and calling for a legal conclusion. Each question that was objected to will be addressed. The numbering system used by Minnesota Power will be used to identify each question and the responsive testimony.