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.