Chapter PSC 128

PSC 128.51(1) (1) Appeals to the commission. An appeal under s. 66.0401 (5) (b), Stats., shall be treated as a petition to open a docket under s. PSC 2.07, except the time provisions of that section do not apply.

PSC 128.51(2) (2) Petitioner filing requirements. An aggrieved person under s. 66.0401 (5) (a), Stats., may file a petition with the commission. The petition shall be submitted to the commission in writing or filed using the commission’s electronic filing system and shall contain all of the following:

PSC 128.51(2)(a) (a) The petitioner’s name, address, and telephone number.

PSC 128.51(2)(b) (b) The name, address, and telephone number of the political subdivision that is the subject of the petition.

PSC 128.51(2)(c) (c) A description of the wind energy system that is the subject of the petition.

PSC 128.51(2)(d) (d) A description of the petitioner’s relationship to the wind energy system.

PSC 128.51(2)(e) (e) The information specified in s. PSC 2.07 (2).

PSC 128.51(3) (3) Political subdivision filing requirements.

PSC 128.51(3)(a) (a) A political subdivision shall file a certified copy of the information required under s. 66.0401 (5) (c), Stats., using the commission’s electronic regulatory filing system.

PSC 128.51(3)(b) (b) The commission may require the political subdivision to file up to 5 paper copies of the record upon which it based its decision.

PSC 128.51(3)(c) (c) The commission may require the political subdivision to file additional information.

PSC 128.51(4) (4) Service and notice.

PSC 128.51(4)(a) (a) An owner submitting a petition under sub. (2) (intro.) shall serve a copy of the petition on the political subdivision and on any other person specified in s. PSC 2.07 (3).

PSC 128.51(4)(b) (b) Any person other than an owner submitting a petition under sub. (2) (intro.) shall serve a copy of the petition on the owner, the political subdivision, and any other person specified in s. PSC 2.07 (3).

PSC 128.51(4)(c) (c) A political subdivision that is subject to a petition under sub. (2) shall make a copy of the petition available for public inspection and, in the manner in which it is required to publish notice of a public meeting, publish notice of that petition.

PSC 128.51(5) (5) Commission hearing discretionary. The commission may review a petition under this section with or without a hearing.

PSC 128.51(6) (6) Environmental analysis. A docket opened to review a petition under this section is a Type III action under s. PSC 4.10 (3).

PSC 128.51(7) (7) Remand to political subdivision.

PSC 128.51(7)(a) (a) Except as provided in par. (b), if the commission remands any issue to the political subdivision, the political subdivision’s review on remand shall be completed in a time frame established by the commission in its remand order.

PSC 128.51(7)(b) (b) If the commission determines that a political subdivision has not yet reviewed an application that is complete, and the commission remands the application to the political subdivision for review, the political subdivision’s review shall be completed within the time frame provided for reviewing a complete application under this chapter and s. 66.0401 (4) (d) and (e), Stats., beginning with the day after the day on which the commission issues its remand order.

PSC 128.51 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

subch. VI of ch. PSC 128 Subchapter VI — Small Wind Energy Systems

PSC 128.60 PSC 128.60 Exemptions from this chapter. All of the provisions in this chapter apply to a small wind energy system except ss. PSC 128.14 (4) (d), 128.15 (1) (c), (3) (b) to (e), and (5), 128.16 (2) to (4), 128.18 (1) (g), (2) (b) and (c), (3) (am), (b) and (c), and (4) (b) to (f), 128.19 (1) (c) to (e), (3), and (4), 128.30 (2) (L) and (m), 128.33 (1) to (3m) and (5), 128.34 (3), 128.36, 128.40 (2) (b) to (e), 128.41, and 128.42.

PSC 128.60 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.

PSC 128.61 PSC 128.61 Modifications to this chapter. The following provisions in this chapter are modified to apply to a small wind energy system as follows:

PSC 128.61(1) (1) Notice. Under s. PSC 128.105 (1), the notice shall be filed at least 60 days before an owner files an application to construct a small wind energy system and the notice shall be provided only to adjacent landowners and the political subdivisions with jurisdiction over the small wind energy system.

PSC 128.61(2) (2) Land use. Section PSC 128.12 (1) applies only to existing land uses and enterprises that are located on adjacent nonparticipating properties.

PSC 128.61(3) (3) Setback distances. In s. PSC 128.13 (1):

PSC 128.61(3)(a) (a) Table 1 is replaced with Table 2.

PSC 128.61(3)(b) (b) The owner of an adjacent nonparticipating residence or adjacent occupied community building may waive the applicable turbine setback distances in Table 2.

- See PDF for table

PSC 128.61(4) (4) Noise. Under s. PSC 128.14 (6) (b), an owner shall provide notice of the requirements of s. PSC 128.14 only to each adjacent nonparticipating residence or occupied community building before the initial operation of the small wind energy system.

PSC 128.61(5) (5) Useful life. Under s. PSC 128.19 (1), a small wind energy system is presumed to be at the end of its useful life if it generates no electricity for a continuous 540-day period.

PSC 128.61(6) (6) Effects on land uses. Under s. PSC 128.30 (2) (g), the information regarding the anticipated effects of the small wind energy system on existing land uses shall only be for parcels adjacent to the wind energy system.

PSC 128.61(7) (7) Application notice. Under s. PSC 128.30 (5) (a), written notice of the filing of the application shall be provided only to property owners and residents located adjacent to the small wind energy system.

PSC 128.61(8) (8) Meetings. Under s. PSC 128.30 (6) (c), a political subdivision may hold at least one public meeting to obtain comments on and to inform the public about a proposed small wind energy system.

PSC 128.61 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.