Wisconsin Wind Siting
Public Service Commission of Wisconsin Docket 1-AC-231
August 17, 2010 - Draft rules released to Wind Siting Council.
August 9, 2010 - Report Released - Wind Siting Council Final Recommendations .
August 17, 2010----UPDATE
Draft Wind Siting Rules have been issued by PSC Staff (PSC REF#:136722 dated August 17, 2010)
Red-lined version (PSC REF#:136723 dated August 17, 2010)
The Wind Siting Council Final Report.The final recommendation (pages 37-42) are supported by 11 of the 15 Council members. Four Council members submitted a minority report (pages 45-61).
Public Service Commission of Wisconsin Press Release Announcing Wind Siting Council Recommendations
The important documents that the Council considered are:
McFadden - Wind Turbines: A Brief Health Overview
Cowen - Wind Turbine Generator Noise Issues (PSC REF#:132583)
Hesselbach - Setback and Siting Analysis, a Case Study: Glacier Hills Wind Park (PSC REF#:132584)
Kielisch - Wind Turbines and Property Value (PSC REF#:133062)
Read the origonal PROPOSED RULE CHAPTER PSC 128 (May 14, 2010) WIND ENERGY SYSTEMS
Subchapter I General
Subchapter II Developer Requirements
Subchapter III Political Subdivision Procedure
Subchapter IV Commission Procedure
Wind Siting Rulemaking
Comments on the proposed rules were accepted until July 7, 2010. The comments are considered when PSC staff is drafting the rules.
The PSC held hearings to take testimony from the public regarding the proposed rules in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on June 30, 2010. Act 40 required that hearings regarding these rules also be held in Monroe County and a county other than Dane or Monroe, where developers have proposed wind energy systems. The PSC also held public hearings on these proposed rules at City Hall, Legislative Chambers, 160 West Macy Street in Fond du Lac on June 28, 2010, and Holiday Inn, 1017 East McCoy Boulevard in Tomah on June 29, 2010.
More information on the Wind Siting Council and the wind siting rulemaking pursuant to Act 40 can be found by visiting the Commission’s website and clicking on the Electronic Regulatory Filing System (ERF) at http://psc.wi.gov Type case numbers 1-AC-231 in the boxes provided on the ERF system.
Wind Siting Council
2009 Wisconsin Act 40 (Act 40) requires the PSC to promulgate a variety of rules that specify the conditions a city, village, town, or county (political subdivision) may impose on the installation or use of a wind energy system. If a political subdivision chooses to regulate such systems, its ordinances may not be more restrictive than the PSC’s rules. The PSC will also consider the restrictions specified in these rules when determining whether to grant a certificate of public convenience and necessity for a wind energy system over 100 megawatts.
Wisconsin’s Wind Siting Council is an advisory body created by 2009 Wisconsin Act 40 (Act 40). Act 40 directs the PSC to develop administrative rules that specify the restrictions that may be imposed on the installation or use of wind energy systems. The new law also required the PSC to appoint a Wind Siting Council that will advise the PSC as it develops uniform wind siting standards for Wisconsin.
The following people have been appointed to serve on Wisconsin’s Wind Siting Council:
Dan Ebert, WPPI Energy
David Gilles, Godfrey & Kahn
Tom Green, Wind Capital Group
Jennifer Heinzen, Lakeshore Technical College
Andy Hesselbach, We Energies
George Krause Jr., Choice Residential LLC
Lloyd Lueschow, Green County
Jevon McFadden, University of Wisconsin School of Medicine & Public Health
Tom Meyer, Restaino & Associates
Bill Rakocy, Emerging Energies of Wisconsin, LLC
Dwight Sattler, Landowner
Ryan Schryver, Clean Wisconsin
Michael Vickerman, RENEW Wisconsin
Larry Wunsch, Landowner
Doug Zweizig, Union Township
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Wind Siting
I. General requirement for rules
Under Wis. Stat. § 196.378(4g)(b), the Public Service Commission of Wisconsin (Commission)
shall, with the advice of the Wind Siting Council promulgate rules that specify the restrictions
that a political subdivision (a city, village, town or county) may impose on the installation or use
of a wind energy system consistent with the conditions specified in Wis. Stat. § 66.0401(1m) (a)
to (c).
Wisconsin Stat. § 66.0401(1m) reads:
66.0401(1m) Authority to restrict systems limited. No political subdivision may place any restriction,
either directly or in effect, on the installation or use of a wind energy system that is more restrictive than
the rules promulgated by the commission under s. 196.378 (4g) (b). No political subdivision may place any
restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s.
13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies one of the following conditions:
(a) Serves to preserve or protect the public health or safety.
(b) Does not significantly increase the cost of the system or significantly decrease its efficiency.
(c) Allows for an alternative system of comparable cost and efficiency.
II. Specific provisions that shall be included in the rules
The subject matter of the rules promulgated by the Commission shall include all of the
following:
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Setback requirements that provide reasonable protection from any health effects, including health effects from noise and shadow flicker, associated with wind energy systems. Wis. Stat. § 196.378(4g)(b)
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Decommissioning, which means removing wind turbines, building, cables, electrical components, roads, and any other facilities associated with the wind energy system and restoring the site of the wind energy system. Wis. Stat. §§ 196.378(a)2., 196.378(4g)(b)
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Specify the information and documentation to be provided in an application to demonstrate that a proposed wind energy system complies with the rules. Wis. Stat. § 196.378(4g)(c)1.
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Specify the information and documentation to be included in a political subdivision’s record of decision under Wis. Stat. § 66.0401(4)(b). Wis. Stat. § 196.378(4g)(c)2.
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Specify the procedure a political subdivision shall follow in reviewing an application for approval under Wis. Stat. § 66.0401(4). Wis. Stat. § 196.378(4g)(c)3.
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Specify the requirements and procedures for a political subdivision to enforce the restrictions allowed under the Commission’s rules. Wis. Stat. § 196.378(4g)(c)4.
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Require the owner of a wind energy system with a nominal operating capacity of at least one megawatt to maintain proof of financial responsibility ensuring the availability of funds for decommissioning upon discontinuance of use of the wind energy system.
Wis. Stat. § 196.378(4g)(d)