MHS MELCHERT HUBERT SJODIN. d liabili ATTORNEYS AT LAW. May 22, 2006

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1 Paul A. Melchert David P, Hubert Keith E. Sjodin R, Lawrence Harris Timothy J. Looby Bradley W. Solheim* J. Michael Melchert Thomas W. Larkin Kelly C. Dohm Thomas M. Johnston Kent F. Spellman** P. David Melchert Of Counsel: Luke L. Melchert Mac R. Willemssen Christine M. Swee Firm Administrator: Mary Lee Reiner MHS MELCHERT HUBERT SJODIN d liabili ATTORNEYS AT LAW May 22, 2006 WACONtA Off ICE 121 Wesi Main Street, Suite 200 Waconie, Minnesota Telephone (952) Facsimile (952) CHASKA OFFICE 112 Second Street West P.O. Box 67 Chaska, Minnesota t>!."" ' ^ - - Talephone-^tgS,t352) i ->',[Facsimile--(9 3 Real Property Specialist " "Civil Trial Specjafer Larry Hartman EFp'staff Department of Commerce 85-7 th Place East Suite 500 St. Paul, Minnesota Sharon Ferguson Department of Commerce 85-7 th Place East Suite 500 St. Paul, Minnesota Re: PUC Docket No. PL 5/PPL /City of Hamburg's Proposed Alternative Route for the MPL ("MinnCan") Pipeline Dear Ms. Ferguson and Mr. Hartman: Our office serves as City Attorney for the City of Hamburg located in Carver County, Minnesota. The City of Hamburg has asked us to prepare and send to you a Proposed Alternative Route for the MPL ("MinnCan") Pipeline. Said Proposed Alternative Route is enclosed with this letter, I am sending the City of Hamburg's proposal to both of you because the materials received by the City of Hamburg listed Ms. Ferguson as the person for service and the website listed Mr. Hartman as the person for service. The City of Hamburg and our office would both like to be apprised of any action taken concerning the City of Hamburg's Proposed Alternative Route. We both request to be notified of the date, time and place of the Contested Case Hearing on this matter once it is scheduled. As an aside, with such a contested case involving a route of almost 300 miles, will there be some sort of logical order of the presentation of proposed alternatives? More specifically, would the City of Hamburg be given notice of a specific date and time to provide testimony and exhibits in support of its Proposed Alternative Route (so as to avoid EXHIBIT

2 1VTELCHERT HUBERT SJODIN Larry Hartman Sharon Ferguson May 22, 2006 Page 2 the necessity of what would otherwise be a very time-consuming process of observing/ participating in the entire Contested Case Hearing)? Please advise. Very trul MRW/lle enc. Mac R. Willemssen cc City of Hamburg CERTIFIED MAIL RETURN RECEIPT REQUESTED

3 STATE OF MINNESOTA PUBLIC UTILITIES COMMISSION DEPARTMENT OF COMMERCE PUC DOCKET NO. PL 5/PPL CITY OF HAMBURG'S PROPOSED ALTERNATIVE ROUTE FOR THE MPL ("MINNCAN") PIPELINE The City of Hamburg does hereby submit a Proposed Alternative Route for the MPL ("MinnCan") Pipeline between Mile Posts 231 and 232 in Young America Township, Carver County, Minnesota. As currently proposed, the centerline of the pipeline route runs roughly in a diagonal Northwest to Southeast line at approximately a 45 degree angle between Mile Posts 231 and 232, as shown on the map attached hereto and made a part hereof. Said centerline has apparently been refined so as now to run east for several hundred feet from Mile Post 231 and then in a northwest to southeast diagonal for several hundred yards, then at a steeper angle heading towards the southeast behind the Bergmann homestead and then back, to an approximate 45 degree northwest to southeast angle to where it intersects Carver County Highway 31. This is shown as the pink line on the map attached hereto and made a part hereof. The City of Hamburg would propose an alternative route as shown in the yellow highlight on the attached map. This route would follow the current proposed route for several hundred feet from Mile Post 231 to where it crosses under the existing railroad right-of-way. At that point, the City of Hamburg proposes the route follow a current existing field line as shown in yellow on the map in an easterly direction to where it intersects with Carver County Highway 31. At the point of intersection, the pipeline should then follow Carver County Highway 31's right-ofway to where it intersects the current proposed route near Mile Post 232. The City of Hamburg's proposed alternative route is shown in yellow on the attached map. As originally designed, the centerline of the proposed pipeline route ran very close to the City limits of the City of Hamburg. The current proposal mitigates this problem to a certain extent, but it does not fully avoid having an impact upon the future development of the City of Hamburg. It also unnecessarily and unduly affects the farmland (as shown by the pink line on the attached map). The City of Hamburg submits this proposal for an alternative route for the following specific reasons:

4 1. Planned Land Use. Demographic studies and analyses prepared by Carver County show by the year 2030 the City of Hamburg will double in size to a population of 1,000 persons or more. At the present time, there are approximately 580 persons living in the City of Hamburg. The logical growth of the City of Hamburg is to the northeast. This growth is impeded by the proposed route of the MinnCan Pipeline as shown on the map with the original centerline and the revised proposed route shown in pink. The City of Hamburg's alternative route, as shown in yellow, has a much less drastic impact on future development, construction and habitation. 2. Economies Within the Route. The original proposed centerline and the current proposed (pink) centerline both cut diagonally through farmland. It would make a lot more sense and would have a less drastic impact (along with reduced eminent domain payments) to have the proposed route follow existing rights-of-way (such as Carver County Highway 31) and existing field fence lines as shown on the proposed alternative route from the City of Hamburg highlighted in yellow. 3. Existing Rights-of-Way. The City of Hamburg's proposed alternative route utilizes existing Carver County Highway 31's right-of-way for about one-third of its proposed alternative route. This avoids the need for cutting into and affecting productive agricultural land, as well as moving the proposed pipeline route further from the future development area of the City of Hamburg. 4. Human and Environmental Effects. Carver County, Minnesota, is one of the nation's most rapidly growing counties. Dramatic growth is occurring in the eastern half of the county right now and with the completion of the 4-lane Highway 212 bypass through the City of Chaska. western Carver County will have significant and rapid population growth in the coming years. The City of Hamburg would like to have the potential to grow as an ideal residential community. All, with only a few exceptions, of the recent home construction within the City of Hamburg has been located north of Carver County Highway 50 and it is anticipated that such future expansion (and future annexation of current township land) will be to the north and east of the existing City limits of the City of Hamburg. This future growth heads right towards the proposed centerline of the pipeline route (which, ironically, with the 5/8ths of a mile each side of the centerline ^disclaimer", made almost the entire City of Hamburg located with the original proposed right-of-way of the pipeline!). The City of Hamburg should be able to naturally grow and not to have future development affected by such a close location of a major pipeline route.

5 For the reasons stated herein, the City of Hamburg hereby proposes the alternative route shown in yellow on the attached map. This alternative route from Mile Post 231 to Mile Post 232 is reasonable and avoids a devastating impact upon the City of Hamburg and its citizens. Respectfully submitted, CITY OF HAMBURG Dated: May 22, 2006 By Mac R, Willemssen City Attorney for City of Hamburg Melchert Hubert Sjodin, PLLP 112 Second Street West P. O. Box 67 Chaska, Minnesota Phone: Attorney ID Number: L:\Mac\FORMS\City of Hamburg's Proposed Alternative Route.doc

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