April 20, 2015 

 Exemption No. 11389 

 Regulatory Docket No. FAA–2015–0005 

Mr. William V. O’Connor 

Mr. William D. Janicki 

Ms. Joanna L. Simon 

Counsel for Consumers Energy Company 

Morrison & Foerster LLP 

12531 High Bluff Drive, Suite 100 

San Diego, CA 92130 

Dear Messrs. O’Connor and Janicki and Ms. Simon: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated December 31, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Consumers Energy Company (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct research and development for public and worker safety; power restoration 

following storms; and new methods to effectively inspect power lines, electrical facilities, and 

vegetation, and rights of way. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. 
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Airworthiness Certification 

The UAS proposed by the petitioner is a DJI S-1000. 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that— 

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Consumers Energy Company is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 
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and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

In this grant of exemption, Consumers Energy Company is hereafter referred to as 

the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI S-1000 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 
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documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
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government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
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exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
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reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N−Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

 
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This exemption terminates on April 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

 
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Writer’s Direct Contact 

+1 (858) 720.7932 

WOConnor@mofo.com 

12531 HIGH BLUFF DRIVE 

SAN DIEGO, CALIFORNIA 

92130-2040 

TELEPHONE: 858.720.5100 

FACSIMILE: 858.720.5125 

WWW.MOFO.COM 

MORRISON & FOERSTER LLP

BEIJING , BERLIN , BRUSSELS , DENVER , 

HONG KONG , LONDON , LOS ANGELES , 

NEW YORK , NORTHERN VIRGINIA , 

PALO ALTO , SACRAMENTO , SAN DIEGO , 

SAN FRANCISCO , SHANGHAI , SINGAPORE ,

TOKYO , WASHINGTON , D . C . 

December 31, 2014 

U.S. Department of Transportation 

Docket Operations, M-30 

1200 New Jersey Avenue, SE 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Re: Petition of Consumers Energy Company for an Exemption Pursuant to Section 333 

of the FAA Modernization and Reform Act of 2012 to Operate an Unmanned 

Aircraft System

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, Consumers Energy Company hereby applies for an exemption 

from the Federal Aviation Regulations identified below to allow for the commercial 

operation of the DJI S1000 with the A2 Flight Control System, manufactured by DJI 

Innovations (the S1000”). 

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED 

Consumers Energy Company requests exemption from the following regulations: 

 14 C.F.R Part 21, Subpart H; 

 14 C.F.R Part 27; 

 14 C.F.R § 45.23(b); 

 14 C.F.R. § 45.27(a); 

 14 C.F.R § 61.113; 

 14 C.F.R § 91.7(a); 

 14 C.F.R § 91.9(b)(2); 

 14 C.F.R § 91.9(c); 

 14 C.F.R § 91.103; 

 14 C.F.R § 91.109(a); 

 14 C.F.R § 91.119; 

 14 C.F.R § 91.121; 

 14 C.F.R § 91.151(a) & (b) 
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 14 C.F.R § 91.203 (a) & (b); 

 14 C.F.R § 91.405(a); 

 14 C.F.R § 91.407(a)(l); 

 14 C.F.R § 91.409(a)(2); 

 14 C.F.R § 91.417 (a) & (b). 

This petition incorporates the material contained in the Consumers Energy Company 

Operations, Inspection, and Maintenance Manual, the DJI S1000 User Manual, the A2 Flight 

Control System User Manual, the Consumers Energy Company S1000 Pilot Operating 

Handbook, and the Consumers Energy Company S1000 Training Manual (together, the 

“Manuals”). The Manuals are submitted herewith as confidential under 14 C.F.R. § 11.35(b), 

because they contain commercial and proprietary information that Consumers Energy 

Company has not and will not share with others, is not available to the public, and is 

protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. 

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS 

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. 

Congress has directed the FAA “to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform 

Act, the FAA Administrator is to permit operation of an unmanned aircraft system where it 

does not create a hazard to users of the national airspace system (NAS) or the public or pose 

a threat to national security based on the following considerations: 

 The size, weight, speed and operational capability; 

 Operation in proximity to airports and populated areas; and 

 Operation within visual line of sight of the operator. 

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to 

grant exemptions from the agency’s safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 

106(f), 44701-44716, et seq. A party requesting an exemption must explain the reasons why 

the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect 

safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. 

§ 11.81. 
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December 31, 2014 

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III. DESCRIPTION OF CONSUMERS ENERGY COMPANY AND ITS 

SERVICES 

Consumers Energy Company is a public utility that provides natural gas and electricity to 

more than 6 million Michigan residents. It is headquartered in Jackson, Michigan, and 

serves customers in 68 counties in Michigan’s Lower Peninsula. 

At present, Consumers Energy Company has seven power plants. Consumers Energy 

Company’s largest power plant is the Karn-Weadock coal-fired generating station located on 

Saginaw Bay near Bay City. Other Consumers Energy Company coal-fired plants are the JH 

Campbell power plant between Holland and Grand Haven; the Cobb power plant in 

Muskegon and the Whiting Power Plant on Lake Erie in Luna Pier, just north of the 

Michigan/Ohio state line. Consumers Energy Company also operates and co-owns (with 

Detroit Edison) the Ludington Pumped Storage Power Plant near Ludington. 

Two generating facilities previously owned by Consumers Energy Company (but still 

serving Consumers Energy Company’s system) are the Palisades Nuclear Generating Station, 

5 miles south of South Haven and The Midland Cogeneration Venture in Midland. 

On the Muskegon River, in Newaygo and Mecosta counties, Consumers Energy Company 

operates 3 Hydroelectric Powerplant complexes. Together, the three dams (Rogers, Hardy 

and Croton) can generate about 45,500 kilowatts. 

Consumers Energy Company has secured nearly 60,000 acres to develop wind generation 

farms in Mason and Tuscola counties. Consumer Energy’s first wind farm began operations 

in 2013, and today the wind farms generate between 100 and 111 Megawatts of energy each. 

Development of wind power generation protects the Michigan environment and will bolster 

Michigan’s economy. By combining renewable energy with efficiency measures and new, 

environmentally advanced large-scale electric generation, Consumers Energy Company is 

meeting the needs of its customers, the state economy, and the environment. 

The contact information for the petitioner, Consumers Energy Company, is as follows: 

 

Jason Milstone 

Litigation Attorney 

Consumers Energy Company 

One Energy Plaza 

Jackson, MI 49201 

Tel. (517) 788-1188 

Jason.Milstone@cmsenergy.com 

C/O William V. O’Connor

William D. Janicki 

Joanna L. Simon 

Morrison & Foerster LLP 

12531 High Bluff Drive 

San Diego, CA 92130 

Tel (858) 720-5100 

WOConnor@mofo.com 

WJanicki@mofo.com

JoannaSimon@mofo.com
U.S. Department of Transportation 

December 31, 2014 

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IV. DESCRIPTION OF PROPOSED OPERATIONS 

Consumers Energy Company is requesting exemptions from applicable Federal Aviation 

Regulations (FARs) pursuant to Section 333 of the Reform Act to perform research and 

development using the DJI S1000 UAS. Key areas of focus for Consumers Energy 

Company’s research and development are (i) public and worker safety; (ii) safe and timely 

power restoration following storms; and (iii) new methods to effectively inspect power lines, 

electrical facilities, vegetation and rights of way. 

Consumers Energy Company is committed to improving power reliability for customers by 

more safely and quickly restoring power to customers after storm related damage to the 

electrical system. The Michigan Public Service Commission has emphasized to Consumers 

Energy Company the importance of reducing outage response time, a critical component of 

which is more accurate and timely storm damage assessment presently conducted by 

employees in motor vehicles or on foot. Use of the S1000 will help to reduce power 

restoration time and safety-related incidents involving employees working in adverse 

weather conditions. 

Additionally, current inspections of high voltage (HVD) power lines are done one to two 

times a year by helicopter. Use of the S1000 will allow such inspections at considerable 

savings, as well as reduce safety risks because the drone will not carry a flammable fuel 

source. The S1000 will also allow better visual inspection of facilities installed on poles, as 

helicopter inspection of a utility pole usually involves less than 5 seconds of visual 

inspection. 

Further, inspections of lower voltage power (LVD) lines are typically done by motor vehicle 

or on foot. Due to visibility limitations based on the design of utility poles, a certain portion 

of the pole and its facilities is never inspected. Using the S1000 to do LVD inspections will 

increase their effectiveness, decrease their safety risks, and reduce the time needed for the 

inspection cycle. 

Thus, the research and development use proposed here will allow Consumers Energy 

Company to determine the efficacy of the S1000 for increasing public safety, restoring 

outages in a safe and timely manner, and creating new methods for inspecting electrical 

facilities. 

The research and development use will take place on six Michigan research and development 

test sites (the R&D Sites) located in Jackson County, Tuscola County, and Mason County. 

The sites are owned by Consumers Energy Company and have low nearby residential 

populations. Two sites will focus on UAS research and development for power line 

monitoring; four sites will focus on UAS research and development for wind turbine 
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inspection. The satellite imagery of each site included below confirms that surrounding 

properties have few structures built on them. See Figures 1-7. 

Research and Development Sites Chart 

Site 

No. 

Name Location Type of R&D 

1 Cary Rd Sub Columbia Township 

Jackson County 

Michigan 

Power line 

monitoring 

2 Lake Leann Somerset Township 

Hillsdale County 

Michigan 

Power line 

monitoring 

3 Clear Lake Grass Lake Township 

Jackson County 

Michigan 

Power line 

monitoring 

4 Crosswinds WTG-46 Columbia Township 

Tuscola County 

Michigan 

Wind turbine 

inspection 

5 Crosswinds WTG-28 Akron Township 

Tuscola County 

Michigan 

Wind turbine 

inspection 

6 Lake Winds WTG-8 Riverton Township 

Mason County 

Michigan 

Wind turbine 

inspection 

7 Lake Winds WTG-22 Riverton Township 

Mason County 

Michigan 

Wind turbine 

inspection 
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Figure 1 – R&D Site Number 1: Cary Rd Sub 

Figure 2 – R&D Site Number 2: Lake Leann Sub 
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Figure 3 – R&D Site Number 3: Clear Lake Sub 

Figure 4– R&D Site Number 3: Cross Winds WTG-46 
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Figure 5 – R&D Site Number 5: Cross Winds WTG-28 

Figure 6 – R&D Site Number 6: Lake Winds WTG-8 
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Figure 7 – R&D Site Number 7: Lake Winds WTG-22 

A. The DJI S1000 

Consumers Energy Company will operate the DJI S1000 with the A2 Flight Control System, 

manufactured by DJI Innovations (the “S1000”). The S1000 is a battery operated octocopter 

with a maximum flight time of 25 minutes. The vehicle weighs approximately 8.8 pounds 

with a maximum takeoff weight of approximately 24 pounds. It has retractable landing gear, 

vibration dampers, small frame air incline and minimalized gimbal mount, which allows for 

a 360 degree view from the camera. Although the vehicle’s ground speed has a maximum of 

45 mph, it will be operated between 5 and 15 miles per hour, and it will operate at or below 

500 feet AGL. 

The S1000 manufacturer’s specifications are shown below in Figure 8. The S1000 is shown 

below in in Figure 9. 
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Figure 8 – DJI S1000 Specifications 
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December 31, 2014 

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Figure 9 – DJI S1000 

B. The DJI A2 Flight Control System 

The DJI S1000 will be used in conjunction with the A2 multi-rotor stabilization flight control 

system that provides self-leveling and altitude holding. The A2 is a complete flight control 

system for various multi-rotor platforms, including the S1000. The A2 provides precise 

positioning and flight control through its high performance antenna and low noise antiinterference front-end RF design. Notable features of the A2 Flight Control System include: 

 Auto Return-To Home/One Key Go-Home: If the S1000 disconnects from the A2 

during flight, the system’s failsafe protection will enable the S1000 to return to home 

and land automatically. The operator can also setup a One Key Go Home function to 

activate this feature manually. 

 Multi-Rotor One-Motor Fail Protection: When the S1000 is in attitude or GPS 

attitude mode, and one of the motors stops, the aircraft will retain good attitude and 

rotate around the frame arm with the stopped motor. In this condition, the S1000 is 

still under control and returns home safely, highly reducing the risk of a crash.

 Set Speed Feature: Ability to lock the S1000 craft into its current horizontal speed. 

 Point of Interest: Users can record the current position of the S1000 as a point of 

interest by a preset switch on the remote control. The S1000 can achieve a circling 

flight around the point of interest with the nose pointing at the POI in an area of 5 

meters to 500 meters radius, when the roll command is given. This function is easy to 

set and simple to operate, it is suitable for all-round shooting of a fixed scenic spot. 
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The A2’s specifications are shown in Figure 10. 

Figure 10 – A2’s Specifications 
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December 31, 2014 

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C. Consumer Energy Company’s Proposed Operations Demonstrate 

an Equivalent Level of Safety 

1. General Description of Proposed Flight Operations 

Consumers Energy Company proposes to operate only on the R&D Sites and within the 

limitations and performance specifications listed in the Manuals, which are summarized 

below. These limitations provide for at least an equivalent, or higher, level of safety for 

operations under the current regulatory structure because the proposed operations represent a 

safety enhancement to the protocols currently used by Consumers Energy Company for 

power line and wind turbine monitoring. Moreover, the R&D Sites were specifically chosen 

as appropriate test grounds to determine the efficacy of using the S1000 on a wider scale. 

The proposed operations do not create any hazard to users of the national airspace system or 

pose a threat to national security. The aircraft is a battery operated octocopter with a 

maximum flight time of 25 minutes. The vehicle weighs approximately 8.8 pounds with a 

maximum takeoff weight of approximately 24 pounds. It has retractable landing gear, 

vibration dampers, and small frame air incline. The vehicle’s ground speed has a maximum 

of 45 mph but it will be operated between 5 and 15 miles per hour, and it will operate at or 

below 500 feet AGL. The requirement for clearance up to 500 feet AGL is necessitated by 

the size of the wind turbines on the R&D Sites, which can vary greatly in size and may reach 

as high as 150 meters, or 492.126 feet AGL, when the blades are positioned vertically. 

Figure 11, below, shows the varying sizes of exemplar wind turbines. 

Figure 11: Wind Turbine Size 
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Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. 

The S1000 carries no fuel, and therefore the risk of fire following an incident or accident due 

to fuel spillage is eliminated. Compared to manned aircraft, the unmanned aircraft being 

operated by the petitioner reduces the risk to participating persons in close proximity to the 

aircraft due to the limited size, weight, operating conditions, and design safety features of the 

S1000. 

Consumers Energy Company’s operations will be in remote areas at least 5 miles from any 

airport and away from population centers, as demonstrated by Figures 1-6 (the R&D Sites). 

The S1000 will be operated only on the R&D Sites, which are owned by Consumers Energy 

Company. Additionally, the wind turbine towers on R&D Sites 3-6 are already subject to 

obstruction marking, lighting and notification requirements set forth by the FAA. 

The FAA has determined that the risk of not having an electronic means to monitor and 

communicate with other aircraft, such as transponders or sense and avoid technology, is 

mitigated by placing limits on altitude, requiring stand-off distance from clouds, permitting 

daytime operations only, and requiring that the aircraft be operated within visual line of sight 

and yield right of way to all other manned operations. Additionally, the operator will request 

a NOTAM prior to operations to alert other users of the NAS. See Exemption No. 11062, 

Docket No. FAA 2014-0352, at p. 13, attached hereto as Attachment 6. 

The petitioner’s aircraft has the capability to operate safely after experiencing certain inflight failures, as specified above in the description of the A2 Flight Control System. The 

aircraft is also able to respond to a lost-link event with a pre-coordinated, predictable, 

automated flight maneuver. 

2. Specific Limitations on Proposed Flight Operations 

Given the small size involved, the restricted environment within which they will operate, the 

procedures listed below, and pilot certification requirements, Consumer Energy’s proposed 

operations using the S1000 would “not create a hazard to users of the national airspace 

system or the public or pose a threat to national security.” Reform Act Section 333(b)(1). 

1. The aircraft is approximately 8.8 pounds. 

2. The aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable. 

3. Flights will be operated within visual line of sight of the pilot in command 

(PIC). 
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4. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC. 

5. Maximum flight time for each operational flight will be 20 minutes. 

6. The aircraft will be safely landed with no less than the greater of (a) 20% 

battery life remaining or (b) five minutes of flight time remaining. 

7. The aircraft will be operated during daylight and in VFR conditions. 

8. Flights will not exceed 500 feet AGL, so as to accommodate inspections of 

wind turbines. 

9. Flights will be operated at a lateral distance of at least 50 feet from any 

persons or property not associated with the operation who have not given 

prior permission. 

10. Flights will be limited to a groundspeed of 45 mph. 

11. Minimum crew for each flight will consist of a PIC and an Observer. 

12. The PIC will possess at least a private pilot certificate, a third class medical 

certificate, and a designee from Consumers Energy Company will have 

completed a Factory Certified Basic Operator Course for the S1000. 

13. Prior to the flight, a Mission Plan will be created setting forth the limitations 

for the flight as well as contact information for the PIC. 

14. The flight operations will yield the right of way to other manned aircraft 

operations. 

15. All persons who are not involved with Consumer Energy’s operations will be 

required to be at least 500 feet from flight operations. 

16. The aircraft will only operate within the R&D Sites. 

17. Consumers Energy Company will provide NOTAM details to the FAA 24 

hours prior to each flight. 

18. All required permissions and permits will be obtained from territory, state, 

county or city jurisdictions prior to flight. 
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19. Prior to commencing operations, Consumers Energy Company will obtain a 

Certificate of Waiver or Authorization (COA) from the FAA. 

20. If the aircraft loses communications, it will have the capability to return to a 

pre-determined location within the operational area and land. 

21. If the aircraft loses its GPS signal it will have the capability of being flown 

manually to a predetermined location within the operational area and land. 

22. The flight will be aborted in case of unpredicted obstacles or emergencies. 

23. Each flight will be recorded in an Operations Log Book. 

24. Maintenance on the aircraft will be recorded in a Maintenance Log Book. 

3. Flight Recovery, Lost Communications, and Lost GPS 

Procedures 

The flight recovery, lost communications, and lost GPS procedures are documented above, 

and are more fully documented in the attached A2 Flight Control System information and 

Consumers Energy Company Pilot Operating Handbook. (See Attachments 3 and 4). 

4. Proposed Flight Areas 

Consumers Energy Company is requesting to operate in the R&D Sites. 

V. SPECIFIC FAR EXEMPTIONS REQUESTED 

Consumers Energy Company seeks an exemption from several interrelated provisions of 14 

C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using the 

S1000. Listed below are (1) the specific FAR sections for which exemption is sought, and (2) 

the operating procedures and safeguards that Consumers Energy Company has established 

which will ensure a level of safety better than or equal to the rules from which exemption is 

sought. See 14 C.F.R. § 11.81 (e). 

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 

C.F.R. § 91.203(a)(1) 

The FAA has stated that no exemption is needed from this section if a finding is made under 

the Reform Act that the UAS selected provides an equivalent level of safety when compared 

to aircraft normally used for the same application. These criteria are met, and therefore no 

exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014-
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0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of the 

S1000 that fail to meet the requirements of the Reform Act, an exemption is requested. 

Equivalent Level of Safety: The S1000 is safe when taking into account its size, weight, 

speed, and operational capability. The S1000 weighs approximately 8.8 pounds and will be 

flown at speeds less than 45 miles per hour, in visual line of sight of the operator, and in 

remote and unpopulated airspace, specifically, on the R&D Sites. The S1000 does not carry 

pilots, passengers, explosive materials, or flammable liquid fuels. The S1000 will be 

operated within the parameters of the Manuals.

Consumers Energy Company will also provide the FAA with advance notice of all 

operations via NOTAM and coordination with the local FSDO. The proposed operations will 

be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions proposed here. The proposed operations 

will also be as safe, or safer than, traditional power line monitoring and/or wind turbine 

inspection methods. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the S1000 would otherwise require certification 

under Part 27, Consumers Energy Company seeks an exemption from Part 27’s airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 

21, Subpart H. 

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements 

14 C.F.R. §45.23(b), Markings of the Aircraft states: 

When marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words “limited,” “restricted,” “light-sport, 

“experimental,” or “provisional,” as applicable. 

14 C.F.R. § 45.27(a) states: 

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. 
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14 C.F.R. § 91.9(c) states: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with part 45 of this chapter. 

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft “have identification (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as 

practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14. 

Equivalent Level of Safety: Consumers Energy Company will mark all S1000s with their NNumber in a prominent spot on the fuselage with markings that are as large as practicable. 

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

Consumers Energy Company seeks exemption from 14 CFR § 61.113, which restricts private 

pilots from flying aircraft for compensation or hire and would also require a second class 

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any 

PIC matches the airspace in which the PIC will be operating, as well as requiring 

certifications if the pilot is carrying passengers or cargo for hire. 

While the S1000 will be operated as part of a commercial operation, it carries neither 

passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0352, the 

FAA determined that the unique characteristics of UAS operation outside of controlled 

airspace did not warrant the additional cost and restrictions attendant with requiring the PIC 

to have a commercial pilot certificate and a class II medical certificate. The FAA has also 

determined that the required knowledge for a commercial pilot covers the same fundamental 

principles as a private pilot. 

The PIC will possess at least a private pilot certificate, a third class medical certificate, and 

will have completed a DJI Factory-Certified Basic Operator Course for the S1000. This is a 

3-day program that includes ground school and flight training. See the Consumers Energy 

Company S1000 Training Manual for more information on this Course. (Attachment 5.) 

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the 

overriding safety factor for the limited operations proposed by the petitioner to be the 

airmanship skills acquired through UAS-specific flight cycles, flight time, and specific make 

and model experience, culminating in verification through testing.” See Exemption No. 

11062, Docket No. FAA 2014-0352, at p. 18. The proposed operations can achieve an 

equivalent level of safety by requiring the knowledge and experience in S1000 operations 

described above. 
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Furthermore, the security screening conducted by the Transportation Security Administration 

of certificated airmen satisfies the statutory requirement of Section 333 for operations to not 

pose a threat to national security. 

The restrictions Consumers Energy Company has placed on its S1000 operations meet or 

exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-

0352. Consumers Energy Company will operate in restricted areas (the R&D Sites) away 

from persons and property not involved in the operation. The aircraft will be flown based on 

VLOS at or below 500 feet AGL, so as to accommodate inspections of wind turbines on 

R&D Sites 3-6. A NOTAM will be issued at least 24 hours before the flight is to occur, and 

the flight will be coordinated with the applicable FSDO. 

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Consumers Energy Company seeks an exemption from 14 C.F.R. § 91.7(a), which requires 

that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no 

exemption is required to the extent that the requirements of Part 21 are waived or found 

inapplicable. Accordingly, Consumers Energy Company requests that the requirements for 

Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption 

No. 11062, p. 19. 

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the 

Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft 

Certification and Registration 

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft - 

 ... 

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 

21.5 of this chapter, unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate... 
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(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization 

issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. 

Consumers Energy Company does not request an exemption from this section but instead 

notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated 

August 8, 2014, the UAS flight manual, registration certificate and other documentation will 

be kept at the control station with the PIC during flight. The Chief Counsel’s Office has held 

that for all UAS operations, this alternate method constitutes full compliance with the 

regulations. See also Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 

8607. 

G. 14 C.F.R. § 91.103: Preflight Action 

Consumers Energy Company seeks an exemption from 14 C.F.R. § 91.103, which requires a 

PIC to become familiar with specific information before each flight, including information 

contained in the FAA-approved Flight Manual on board the aircraft. The aircraft will not 

have a Flight Manual on board. The PIC will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data 

before initiation of flight. Under these circumstances, the FAA has stated that no exemption 

is required. See Grant of Exemption No. 11062, p. 20. An exemption is requested to the 

extent that an FAA-approved Flight Manual is required. 

Equivalent Level of Safety: An equivalent level of safety will be provided by following the 

Manuals. The PIC will take all required preflight actions - including performing all required 

checklists and reviewing weather, flight requirements, battery charge, landing and takeoff 

distance, aircraft performance data, and contingency landing areas - before initiation of 

flight. The Manuals will be kept at the ground station with the operator at all times. 

H. 14 C.F.R. § 91.109(a): Flight Instruction

Consumers Energy Company seeks an exemption from 14 C.F.R. § 91.109(a), which 

provides that “[n]o person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls.” 

UASs and remotely piloted aircraft, by their design, do not have functional dual controls. 

Instead, flight control is accomplished through the use of the A2 Flight Control 

System/Ground Control Station (GCS) that communicates with the aircraft via radio 

communications. 

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the 

aircraft and the GCS will be a safe distance from the aircraft and the public, causing no 
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safety hazard. Given the size and speed of the S1000, an equivalent level of safe training can 

still be performed without dual controls because no pilot or passengers are aboard the 

aircraft, and all persons will be a safe distance away in the event that the aircraft experiences 

any difficulties during flight instruction. In addition, Consumers Energy Company will 

conduct flight training at a remote facility away from population centers. These training 

flights will be conducted on the R&D Sites and will otherwise comply with the provisions in 

the Manuals. Accordingly, Consumer Energy’s proposed method of operation provides 

superior levels of safety. 

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested 

Areas

Consumers Energy Company requests an exemption from the minimum safe altitude 

requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not 

be operated closer than 500 feet to any person, vessel, vehicle, or structure. The Manuals 

provide for operations away from congested populations areas on the R&D Sites, but in close 

proximity to wind turbines and towers on R&D Sites 306. The FAA has already determined 

that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with 

similar flight restrictions as those imposed by Consumers Energy Company. See Grant of 

Exemption No. 11062, p. 20-21. 

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more 

than the maximum weights proposed herein, and given the lack of flammable fuel, any risk 

associated with these operations is far less than those that presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of 

the S1000, as well as the locations where it is operated – the R&D Sites. In order to avoid 

any risk to aircraft, flight operations will be restricted to 500 feet AGL or below. Other 

aircraft are already prohibited from operating closer than 500 from the wind turbine 

structures where Consumers Energy Company proses to operate. This is airspace where other 

aircraft do not normally operate. As set forth in the Manuals and herein, the S1000 will be 

operated in the remote R&D Sites, away from persons or structures not involved in the 

operation. All persons who are not involved with Consumers Energy Company’s operations 

will be required to be at least 500 feet from flight operations. This will pose no risk to the 

public because other aircraft are not operating in these areas. 

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating 

an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set 

to the elevation of the departure airport. The S1000 uses both barometric pressure sensors 

and GPS to determine altitude but does not have the ability to set in a current altimeter 
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setting. An exemption is required to the extent that the S1000 does not have a barometric 

altimeter setting. The altitude of the aircraft is monitored by the PIC on the ground control 

station and by the visual observer. 

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-ofsight in addition to GPS based altitude information relayed in real time to the operator. See 

Grant of Exemption No. 11062, p. 20-21. As the attached Manuals indicate, the S1000 will 

be operated at or below 500 feet AGL and otherwise complies with the limitations in the 

Grant of Exemption No. 11062. 

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

Consumers Energy Company requests an exemption from 14 C.F.R. § 91.151(a)’s fuel 

requirements for flight in VFR conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed - 

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

Here, the technological limitations on S1000 battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30 minute reserve. The aircraft is 

battery powered with a maximum flight time of 30 minutes. Consumers Energy Company 

proposes that the maximum flight time for each operational flight will be 25 minutes. The 

aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining 

or (b) five minutes of flight time remaining. 

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided 

if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and 

terminated with at least 25% reserve battery power still available. See Grant of Exemption 

No. 11062, p. 21-22. The Manuals providing an equivalent level of safety by safely landing 

with no less than the greater of (a) 20% battery life remaining or (b) five minutes of flight 

time remaining and otherwise complying with the flight restrictions above. 
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L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections

Consumers Energy Company seeks an exemption from the maintenance inspection 

requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. 

Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft 

“[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). 

An exemption from these regulations is needed because Part 43 and these sections only apply 

to aircraft with an airworthiness certificate, which the S1000 will not have. 

Equivalent Level of Safety: An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the Manuals. This 

includes maintenance, overhaul, replacement, and inspection requirements for the aircraft 

and procedures to document and maintain maintenance records for the aircraft. This also 

includes preflight inspection procedures. See Exemption No. 11062, Docket No. FAA 2014-

0352, at p. 14-15. 

As provided in the Manuals, flights will not be conducted unless a flight operations checklist 

is performed that includes all of the aircraft’s components. The Manuals also set 

requirements for maintenance log books and record keeping as well as routine and post-flight 

maintenance. The Manuals set requirements for both annual maintenance and preventative 

maintenance. 

VI. PUBLIC INTEREST 

Granting Consumer Energy’s petition for exemption furthers the public interest. National 

policy set by Congress favors early integration of UAS into the NAS in controlled, safe 

working environments such as the R&D Sites proposed in this petition. By granting this 

petition, the FAA will fulfill Congress’s intent of allowing UAS to operate safely in the NAS 

before completion of the rulemaking required under Section 332 of the Reform Act. 

Moreover, use of unmanned aircraft operations will improve power reliability for Consumer 

Energy’s customers by reducing the time necessary to restore power after storm-related 

damage to the electrical system. The use of the S1000 will also decrease safety-related 

incidents involving employees working in adverse weather conditions. 

Additionally, current inspections of high voltage (HVD) power lines are done one to two 

times a year by helicopter. Use of the S1000 will allow such inspections at considerable 

savings, as well as reduce safety risks because the drone will not carry a flammable fuel 

source. Drones will also allow better visual inspection of facilities installed on poles, as 
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helicopter inspection usually involves less than 5 seconds of visual inspection of a utility 

pole. 

Further, inspections of lower voltage power (LVD) lines are typically done by motor vehicle 

or on foot. Due to visibility limitations based on the design of utility poles, a certain portion 

of the pole and its facilities is never inspected. Using the S1000 to do LVD inspections will 

increase their effectiveness, decrease their safety risks, and reduce the time needed for the 

inspection cycle. 

Thus, the research and development use proposed here will allow Consumers Energy 

Company to determine the efficacy of the S1000 for increasing public safety, restoring 

outages in a safe and timely manner, and creating new methods enabling Consumer Energy’s 

customers to save energy every day. 

In addition, unmanned aircraft operations will replace the use of rope access or helicopters 

and small aircraft to monitor wind turbines. Traditionally, monitoring and inspection of the 

turbines involves an individual using either a manned aircraft or rope access to climb the 

large tower in order to visually inspect the turbine’s blades for edge erosion, moisture 

intrusion, freeze/thaw cycling and lightning strikes, among other damage. Knowing the 

condition of the turbine’s blades is essential to maximizing blade life. Thus, the inspections 

are intended to ensure that wind generation as a whole is both safe and reliable. 

Yet performing this vital activity presents significant risk to the individual climbing the 

turbine or operating the manned aircraft in the vicinity of the turbines. For example, a 2011 

newspaper article regarding wind- and solar-powered installations noted accidents involving 

wind turbines have tripled in the last decade. At least 78 wind-turbine related fatalities have 

occurred since the 1970s, with more expected as wind installations spread.1

 Use of an 

unmanned aircraft, like Consumers Energy Company’s proposed use of the S1000 would 

significantly reduce the risk associated with turbine inspection. 

The S1000 is approximately 8.8 pounds, carries no passengers or crew, has no flammable 

fuel, as opposed to larger and more powerful helicopters and small airplanes. The public has 

an interest in reducing the hazards and emissions associated with alternate use of helicopters 

and small airplanes to conduct similar inspection operations. 

Additionally, Consumer Energy’s intended uses for the S1000 have real-world benefits for 

the renewable energy industry and the public at large. Through the R&D Sites, Consumers 

 

1

 “More Accidents Feared as Wind, Solar-Powered Installations Spread,” 8/14/2011 Los Angeles Times article 

located online at http://www.toledoblade.com/Energy/2011/08/14/More-accidents-feared-as-wind-solar-powerinstallations-spread.html. 
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Energy Company may ultimately determine that it will be able to inspect and survey wind 

turbine blades and towers supporting the renewable energy industry. The use of the S1000 

will also reduce the risks to human life associated with the traditional use of rope access for 

these operations. This program may prevent accidents and injuries, and there is a strong 

public interest in making these operations more safe and effective through the use of UASs. 

VII. PRIVACY 

All flights will occur over the R&D Sites, owned by Consumers Energy Company. All 

flights will be conducted in accordance with any federal, state or local laws regarding 

privacy. 

VIII. SUMMARY FOR FEDERAL REGISTER 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Consumers Energy Company seeks an exemption from the following rules for the 

commercial operation of a small unmanned aerial system to inspect wind turbine blades and 

towers for the renewable energy industry: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 

C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 

91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 

14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 

91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the operator, the general public and 

property owners from the substantial hazards associated with performing equivalent work 

using traditional rope access or using conventional aircraft and rotorcraft. 

IX. ATTACHMENTS 

Attachment 1: Consumers Energy Company Operations, Inspection, and Maintenance 

Manual 

Attachment 2: DJI S1000 User Manual 

Attachment 3: A2 Flight Control System User Manual 

Attachment 4: Consumers Energy Company S1000 Pilot Operating Handbook 
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Attachment 5: Consumers Energy Company S1000 Training Manual 

Attachment 6: Exemption No. 11062, Docket No. FAA 2014-0352 

Attachments 2 and 3 are confidential documents submitted under 14 C.F.R. § 11.35(b) and 

are exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552 et seq., 

and any other requirements established by the FAA pursuant to Section 333 of the Reform 

Act). If you have any questions or require any additional information, please do not hesitate 

to contact the undersigned attorneys for Consumers Energy Company. 

X. CONCLUSION 

Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line 

of sight, and national security considerations - provides more than adequate justification for 

the grant of the requested exemptions to permit Consumers Energy Company to operate the 

S1000 on the R&D Sites. 

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (1) significantly improving safety and reducing risk by alleviating human exposure 

to danger; (2) improving the quality of services Consumers Energy Company can provide to 

its customers; and (3) decreasing operating costs compared with traditional power line 

monitoring and wind turbine inspection. 

Respectfully submitted, 

Morrison & Foerster LLP 

Counsel for Consumers Energy Company 

By 

William V. O’Connor 

William D. Janicki 

Joanna L. Simon 

Morrison & Foerster LLP 

12531 High Bluff Drive, Suite 100 

San Diego, CA 92130-2040 

Telephone: (858) 720-5100 

Facsimile: (858) 720-5125 

woconnor@mofo.com 

wjanicki@mofo.com 

joannasimon@mofo.com