MN case underscores uphill climb for tribes adding clean energy

A Minnesota regulatory case is drawing a lot of attention related to tribal sovereignty and the pursuit of clean energy. Industry voices celebrate a victory but obstacles remain.

The Public Utilities Commission recently found Minnesota Valley Cooperative Light and Power Association acted unlawfully by threatening to disconnect the Upper Sioux Community over its behind-the-meter solar and battery project.

Hudson Kingston, legal director for the rural-focused environmental advocacy group CURE, said despite the outcome, a leftover issue is whether it is firmly established in state law that tribal governments have the right to switch utilities if they feel they need better service. Kingston noted the commission did not make a call on the question.

"It's very unfortunate because utilities are risk-averse, and without that sort of clear certainty, there is ambiguity about how the state of Minnesota would react if a utility attempted to serve a tribe because the tribe had selected them," Kingston pointed out.

He suggested it could make it harder for all of Minnesota's tribal governments wanting to pursue renewables and still partner with a receptive utility. Kingston also expects the commission's decision to be challenged by the cooperative.

At issue was Minnesota Valley's argument the project exceeded kilowatt limits for members but Upper Sioux leaders said it is a nonfactor because the electricity is meant for local purposes, not the grid.

Groups outside of Minnesota were closely monitoring this case.

Daniel Wiggins Jr., executive director of the Midwest Tribal Energy Resources Association, said it reinforces the belief tribal governments need to have their own say about energy resources for the communities they serve.

"Tribes are always going to probably flex that sovereignty muscle and make sure that we're doing the best things for our communities. And unfortunately for utilities, that might mean reducing our carbon footprint," Wiggins explained.

Whether a utility has its own zero-carbon goals or mandates, like they do in Minnesota, he suggested profit motivations complicate such situations.

Meanwhile, the push for clean energy sovereignty comes as tribal communities face 6 times more electricity outages a year than the national average. In the Minnesota case, more than two dozen electric cooperatives from across the region stated Minnesota Valley’s approach was inconsistent with cooperative principles.