Chapter PSC 128

PSC 128.15(3)(b) (b) An owner shall provide reasonable shadow flicker mitigation at the owner’s expense for a nonparticipating residence or occupied community building experiencing 20 hours or more per year of shadow flicker.

PSC 128.15(3)(c) (c) An owner shall model shadow flicker and a nonparticipating residence or occupied community building is eligible for mitigation if computer modeling shows that shadow flicker at the nonparticipating residence or occupied community building will be 20 hours or more per year. An owner of a nonparticipating residence or occupied community building is not required to document the actual hours per year of shadow flicker if modeling indicates the nonparticipating residence or occupied community building is eligible for mitigation. A nonparticipating residence or occupied community building that experiences 20 hours or more per year of shadow flicker based on records kept by the resident of a nonparticipating residence or the occupant of an occupied community building shall also be eligible for mitigation.

PSC 128.15(3)(d) (d) An owner may provide shadow flicker mitigation for any residence or occupied community building in addition to the mitigation required under par. (b).

PSC 128.15(3)(e) (e) The requirement under par. (b) to mitigate shadow flicker applies when the owner receives a complaint or request for mitigation regarding shadow flicker for an eligible nonparticipating residence or occupied community building. If shadow flicker mitigation is required, the owner of the wind energy system shall allow the owner of the nonparticipating residence or occupied community building to choose a preferred reasonable mitigation technique, including installation of blinds or plantings at the wind energy system owner’s expense.

PSC 128.15(4) (4) Waiver. Upon request by an owner of a wind energy system, an owner of an affected nonparticipating residence or occupied community building may relieve the wind energy system owner of a requirement under sub. (2) or (3) (b) at the affected nonparticipating residence or occupied community building by written contract with the wind energy system owner. Unless otherwise provided in a contract signed by an owner of an affected nonparticipating residence or occupied community building, a waiver by an owner of an affected nonparticipating residence or occupied community building is an encumbrance on the real property and runs with the land until the wind energy system is decommissioned, and shall be recorded under ch. 706, Stats.

PSC 128.15(5) (5) Notification.

PSC 128.15(5)(a) (a) Before entering into a contract under sub. (4), a wind energy system owner shall provide notice of the requirements of this section to individual owners of an affected nonparticipating residence or occupied community building.

PSC 128.15(5)(b) (b) Before the initial operation of the wind energy system, a wind energy system owner shall provide notice of the requirements of this section to an owner of a nonparticipating residence or occupied community building within 0.5 mile of a constructed wind turbine that has not entered into a contract under sub. (4).

PSC 128.15 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.16 PSC 128.16 Signal interference.

PSC 128.16(1) (1) Planning.

PSC 128.16(1)(a) (a) Except as provided in sub. (4), the signal interference requirements in this section apply to commercial communications and personal communications in use when the wind energy system begins operation.

PSC 128.16(1)(b) (b) A owner shall use reasonable efforts to avoid causing interference with commercial communications and personal communications to the extent practicable.

PSC 128.16(1)(c) (c) An owner may not construct wind energy system facilities within existing line-of-sight communication paths that are used by government or military entities to provide services essential to protect public safety. A political subdivision may require an owner to provide information showing that wind turbines and other wind energy system facilities will be in compliance with this paragraph.

PSC 128.16(2) (2) Commercial communications interference mitigation. An owner shall use reasonable and commercially available technology to mitigate interference caused by a wind energy system with commercial communications in use when a wind energy system begins operation. Before implementing mitigation measures, the owner shall consult with affected parties regarding the preferred mitigation solution for commercial communications interference problems. Except as provided in sub. (4), an owner shall mitigate commercial communications interference caused by the wind energy system by making the affected party’s preferred reasonable mitigation solution effective until either the wind energy system is decommissioned or the communication is no longer in use, whichever is earlier.

PSC 128.16(3) (3) Personal communications interference mitigation.

PSC 128.16(3)(a) (a) An owner shall use reasonable and commercially available technology to mitigate interference with personal communications in use when a wind energy system begins operation caused by a wind energy system. A political subdivision may require an owner to use reasonable and commercially available technology to mitigate interference with personal communications that were not in use when the wind energy system began commercial operation, if a wind energy system is causing the interference and the interference occurs at a location at least 0.5 mile from a wind turbine.

PSC 128.16(3)(b) (b) Before implementing mitigation measures, the owner shall consult with affected parties regarding the preferred mitigation solution for personal communications interference problems. Except as provided in sub. (4), an owner shall mitigate personal communications interference caused by the wind energy system by making the affected party’s preferred reasonable mitigation solution effective until either the wind energy system is decommissioned or the communication is no longer in use, whichever is earlier.

PSC 128.16(4) (4) Mitigation protocol. A political subdivision may, under a protocol established under s. PSC 128.50 (2), require an owner to implement a new mitigation solution that becomes commercially available before the wind energy system is decommissioned to address interference for which mitigation is required under sub. (2) or (3) and for which the original mitigation solution implemented is only partially effective.

PSC 128.16 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.

PSC 128.17 PSC 128.17 Stray voltage.

PSC 128.17(1) (1) Testing required.

PSC 128.17(1)(a) (a) An owner shall work with the local electric distribution company to test for stray voltage at all dairy and confined animal operations within 0.5 mile of a wind energy system facility pursuant to the stray voltage protocol established by the commission before any wind energy system construction activity that may interfere with testing commences and again after construction of the wind energy system is completed, except as otherwise specified by commission staff under par. (b).

PSC 128.17(1)(b) (b) Before any testing under par. (a) begins, an owner shall work with commission staff to determine the manner in which stray voltage testing will be conducted and on which properties. The electric distribution company serving a dairy or confined animal operation where testing is required under par. (a) shall conduct or arrange to conduct all required testing at the expense of the owner.

PSC 128.17(2) (2) Results of testing. An owner and the electric distribution company shall provide to commission staff the results of all stray voltage testing in writing.

PSC 128.17(3) (3) Requirement to rectify problems. An owner shall work with the electric distribution company and farm owner to rectify any stray voltage problems attributable to the construction and operation of the wind energy system, in compliance with the commission’s stray voltage protocol.

PSC 128.17 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.18 PSC 128.18 Construction and operation.

PSC 128.18(1) (1) Physical characteristics.

PSC 128.18(1)(a) (a) An owner may not display advertising material or signage other than warnings, equipment information, or indicia of ownership on a wind turbine. An owner may not attach any flag, decorative sign, streamers, pennants, ribbons, spinners, fluttering, or revolving devices to a wind turbine. An owner may attach a safety feature or wind monitoring device to a wind turbine.

PSC 128.18(1)(b) (b) An owner shall ensure that a wind turbine has a conventional or unobtrusive finish.

PSC 128.18(1)(c) (c) An owner shall install lighting at a wind energy system that complies with standards established by the federal aviation administration. A political subdivision may not establish lighting requirements for a wind energy system that conflict with standards established by the federal aviation administration. A political subdivision may require use of shielding or control systems approved by the federal aviation administration to reduce visibility of lighting to individuals on the ground.

PSC 128.18(1)(d) (d) An owner shall take appropriate measures to ensure that a wind turbine is not readily climbable except by authorized personnel.

PSC 128.18(1)(e) (e) An owner shall ensure that all wind turbine access doors and electrical equipment are locked when authorized personnel are not present.

PSC 128.18(1)(f) (f) An owner shall place appropriate warning signage on or at the base of each wind turbine.

PSC 128.18(1)(g) (g) An owner shall post and maintain up-to-date signs containing a 24-hour emergency contact telephone number, information identifying the owner, and sufficient information to identify the location of the sign within the wind energy system. An owner shall post these signs at every intersection of a wind energy system access road with a public road and at each wind turbine location.

PSC 128.18(1)(h) (h) An owner shall clearly mark guy wires and supports for a wind energy system, meteorological tower or other device for measuring wind speeds so that the wires and supports are visible to low flying aircraft under fair weather conditions.

PSC 128.18(2) (2) Electrical standards.

PSC 128.18(2)(a) (a) An owner shall construct, maintain, and operate collector circuit facilities in a manner that complies with the national electrical safety code and ch. PSC 114 and shall construct, maintain, and operate all wind energy system facilities in a manner that complies with the national electrical code.

PSC 128.18(2)(b) (b) An owner shall construct collector circuit facilities for a wind energy system underground to the extent practicable.

PSC 128.18(2)(c) (c) An owner shall establish an inspection schedule for all overhead collector circuits to ensure that third-party facilities, including cable television and telecommunications cables, are not attached or bonded to overhead collector circuit grounding. If third-party facilities are found attached to the overhead collector facilities, the owner shall ensure that the third-party facilities are promptly removed.

PSC 128.18(3) (3) Construction, operation, and maintenance standards.

PSC 128.18(3)(a) (a) An owner shall construct, operate, repair, maintain and replace wind energy system facilities as needed to keep the wind energy system in good repair and operating condition and in a manner that protects individuals from injury.

PSC 128.18(3)(am) (am) An owner shall minimize soil compaction, topsoil mixing and damage to drainage systems on agricultural land during the construction or decommissioning of the wind energy system. A political subdivision may establish reasonable requirements designed to minimize soil compaction, topsoil mixing and damage to drainage systems on agricultural land.

PSC 128.18(3)(b) (b) Except for the area physically occupied by the wind energy system facilities, an owner shall restore the topography, soils and vegetation of the project area to original condition after construction is complete, unless otherwise provided in a contract signed by an affected landowner, considering any modifications needed to comply with DNR requirements.

PSC 128.18(3)(c) (c) An owner shall carry general liability insurance relating to claims for property damage or bodily injury arising from the construction, operation or decommissioning of the wind energy system and shall include turbine host property owners as additional insured persons on the policy.

PSC 128.18(4) (4) Emergency procedures.

PSC 128.18(4)(a) (a) An owner shall notify a political subdivision of the occurrence and nature of a wind energy system emergency within 24 hours of the wind energy system emergency.

PSC 128.18(4)(b) (b) An owner shall establish and maintain liaison with a political subdivision and with fire, police, and other appropriate first responders serving the wind energy system to create effective emergency plans that include all of the following:

PSC 128.18(4)(b)1. 1. A list of the types of wind energy system emergencies that require notification under par. (a).

PSC 128.18(4)(b)2. 2. Current emergency contact information for first responders and for the wind energy system owner, including names and phone numbers.

PSC 128.18(4)(b)3. 3. Procedures for handling different types of wind energy system emergencies, including written procedures that provide for shutting down the wind energy system or a portion of the system as appropriate.

PSC 128.18(4)(b)4. 4. Duties and responsibilities of the owner and of first responders in the event of a wind energy system emergency.

PSC 128.18(4)(b)5. 5. An emergency evacuation plan for the area within 0.5 mile of any wind energy system facility, including the location of alternate landing zones for emergency services aircraft.

PSC 128.18(4)(c) (c) The owner shall review the emergency plan at least annually in collaboration with fire, police and other appropriate first responders to update and improve the emergency plan as needed.

PSC 128.18(4)(d) (d) The owner shall distribute current copies of the emergency plan to the political subdivision and fire, police and other appropriate first responders as identified by the political subdivision.

PSC 128.18(4)(e) (e) A political subdivision may require the owner to provide annual training for fire, police and other appropriate first responders regarding responding to a wind energy system emergency until the wind energy system has been decommissioned.

PSC 128.18(4)(f) (f) An owner of a wind energy system shall do all of the following:

PSC 128.18(4)(f)1. 1. Furnish its operator, supervisors and employees who are responsible for emergency action a copy of the current edition of the emergency procedures established under this subsection to ensure compliance with those procedures.

PSC 128.18(4)(f)2. 2. Train the appropriate operating personnel to ensure they have knowledge of the emergency procedures and verify that the training is effective.

PSC 128.18(4)(f)3. 3. As soon as possible after the end of a wind energy system emergency, review employee activities to determine whether the procedures were effectively followed.

PSC 128.18 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.19 PSC 128.19 Decommissioning.

PSC 128.19(1) (1) Requirement to decommission.

PSC 128.19(1)(a) (a) An owner of a wind energy system shall decommission and remove the wind energy system when the system is at the end of its useful life.

PSC 128.19(1)(b) (b) A wind energy system is presumed to be at the end of its useful life if the wind energy system generates no electricity for a continuous 360-day period. This presumption may be rebutted under par. (c).

PSC 128.19(1)(c) (c) Upon application by the owner, and except as provided in par. (d), a political subdivision shall grant an extension of the time period for returning the wind energy system to service by one or more additional 180 day periods if the owner demonstrates it is likely the wind energy system will operate again in the future and any of the following occur:

PSC 128.19(1)(c)1. 1. The owner submits a plan to the political subdivision that demonstrates an ongoing good faith effort to return the wind energy system to service and outlines the steps and schedule for returning the wind energy system to service in a reasonable period of time, including by repairing, replacing or repowering the wind energy system facilities as necessary to generate electricity.

PSC 128.19(1)(c)2. 2. The owner demonstrates that the wind energy system is part of a prototype or other demonstration project being used for ongoing research or development purposes.

PSC 128.19(1)(c)3. 3. The owner demonstrates that the wind energy system is being used for educational purposes.

PSC 128.19(1)(d) (d) A political subdivision may deny a request for an extension under par. (c) if the wind energy system has not generated any electricity for a continuous period of 540 days or more and the political subdivision finds that the owner is not capable of returning the wind energy system to service within a reasonable period of time.

PSC 128.19(1)(e) (e) A wind energy system is irrebuttably presumed to be at the end of its useful life if the wind energy system generates no electricity for a period of 540 days and any of the following occur:

PSC 128.19(1)(e)1. 1. The owner does not request an extension of the time period for returning the wind energy system to service under par. (c).

PSC 128.19(1)(e)2. 2. The political subdivision denies a request for an extension under par. (d) and any appeal rights have expired.

PSC 128.19(1)(f) (f) When decommissioning is required, the owner shall begin decommissioning within 360 days after the wind energy system has reached the end of its useful life. The owner shall complete decommissioning and removal of the wind energy system within 540 days after the wind energy system has reached the end of its useful life.

PSC 128.19(2) (2) Decommissioning review. A political subdivision may establish a decommissioning review process to determine when a wind energy system has reached the end of its useful life.

PSC 128.19(3) (3) Financial responsibility.

PSC 128.19(3)(a) (a) The owner of a wind energy system with a nameplate capacity of one megawatt or larger shall maintain proof of the owner’s ability to fund the actual and necessary cost to decommission the wind energy system and shall ensure the availability of funds necessary for decommissioning throughout the expected life of the wind energy system and through to completion of the decommissioning activities.

PSC 128.19(3)(b) (b) A political subdivision may require an owner of a wind energy system with a nameplate capacity of one megawatt or larger to provide financial assurance of the owner’s ability to pay for the actual and necessary cost to decommission the wind energy system before commencing major civil construction activities such as blasting or foundation construction at the wind energy system site. An owner may comply with this paragraph by choosing to provide a bond, deposit, escrow account, irrevocable letter of credit, or some combination of these financial assurances, that will ensure the availability of funds necessary for decommissioning throughout the expected life of the wind energy system and through to completion of the decommissioning activities.

PSC 128.19(3)(c) (c) A political subdivision may require an owner to provide the financial assurance under par. (b) in an amount up to the estimated actual and necessary cost to decommission the wind energy system. If a political subdivision requires an owner to provide financial assurance under par. (b), the political subdivision may do any of the following:

PSC 128.19(3)(c)1. 1. Require the owner to provide the political subdivision with up to 3 cost estimates of the actual and necessary cost to decommission the wind energy system that are prepared by third parties agreeable to the owner and the political subdivision.

PSC 128.19(3)(c)3. 3. Require an owner to establish financial assurance that places the political subdivision in a secured position, and that any secured funds may only be used for decommissioning the wind energy system until either the political subdivision determines that the wind energy system has been decommissioned under sub. (5) (b), or until the political subdivision has otherwise approved the release of the secured funds, whichever is earlier.

PSC 128.19(3)(c)4. 4. Require an owner to establish financial assurance that allows the political subdivision to access funds for the purpose of decommissioning the wind energy system if the owner does not decommission the wind energy system when decommissioning is required.

PSC 128.19(3)(d) (d) If a political subdivision requires an owner to provide cost estimates under par. (c) 1., a political subdivision may not require the amount of the financial assurance to exceed the average of the cost estimates provided.

PSC 128.19(3)(e) (e) A political subdivision may condition its approval of a wind energy system on the owner’s compliance with pars. (b) and (c).

PSC 128.19(3)(f) (f) During the useful life of a wind energy system, the political subdivision may periodically request information from the owner regarding the industry costs for decommissioning the wind energy system. If a political subdivision finds that the future anticipated cost to decommission the wind energy system is at least 10 percent more or less than the amount of financial assurance previously provided under par. (b), the political subdivision may correspondingly increase or decrease the amount of financial assurance required for the wind energy system. A political subdivision may not adjust the financial assurance under this paragraph more often than once in a 5-year period.

PSC 128.19(3)(g) (g) A political subdivision may require an owner to submit to the political subdivision a substitute financial assurance of the owner’s choosing under par. (b) if an event occurs that raises material concerns regarding the viability of the existing financial assurance.

PSC 128.19(4) (4) Site restoration.

PSC 128.19(4)(a) (a) Except as provided in par. (b), if a wind energy system was constructed on land owned by a person other than the owner of the wind energy system, the owner of the wind energy system shall ensure that the property is restored to preconstruction condition, unless otherwise provided in a contract signed by an affected landowner, considering any modifications needed to comply with DNR requirements.