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Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter II - General Requirements › Section PSC 119.05 - Insurance and indemnification

Current through June 24, 2024
(1)
				An applicant seeking to interconnect a Category 1 DG facility to the
				distribution system of a public utility shall maintain liability insurance
				equal to or greater than the amounts stipulated in Table  PSC 119.05 -1, per
				occurrence, or prove financial responsibility by another means mutually
				agreeable to the applicant and the public utility.
(1m) An applicant seeking to interconnect a
				Category 2 to 4 DG facility to the distribution system of a public utility
				shall maintain liability insurance equal to or greater than the amounts
				stipulated in Table  PSC 119.05 -1, per occurrence, and shall name the public
				utility as an additional insured party in the liability insurance policy, or
				prove financial responsibility by another means mutually agreeable to the
				applicant and the public utility.
Table 119.05-1
Category
Generation
								Capacity
Minimum Liability Insurance
								Coverage
1
20 kW or less
$300,000
2
Greater than 20 kW to 200 kW
$1,000,000
3
Greater than 200 kW to 1 MW
$2,000,000
4
Greater than 1 MW to 15 MW
Negotiated
(2)
				Each party to the standard interconnection agreement shall indemnify, hold
				harmless and defend the other party, its officers, directors, employees and
				agents from and against any and all claims, suits, liabilities, damages, costs
				and expenses resulting from the installation, operation, modification,
				maintenance or removal of the DG facility. The liability of each party shall be
				limited to direct actual damages, and all other damages at law or in equity
				shall be waived.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter II - General Requirements › Section PSC 119.06 - Modifications to the DG facility

Current through June 24, 2024
DG facility by providing at least 20 working days of advance
				  notice for a Category 1 DG facility, 40 working days for Category 2 DG
				  facility, and 60 working days for a Category 3 or 4 DG facility. The applicant
				  shall provide this notification by submitting a revised standard application
				  form and such supporting materials as may be reasonably requested by the public
				  utility. The applicant may not commence any material modification to the DG
				  facility until the public utility has approved the revised application,
				  including any necessary engineering review or distribution system study. The
				  public utility shall indicate its written approval or rejection of a revised
				  application within the number of working days shown in the table below. Upon
				  completion of the application process, a new standard interconnection agreement
				  shall be signed by both parties prior to parallel operation. If the public
				  utility fails to respond in the time specified in Table 119.06-1, the completed
				  application is deemed approved.
Table 119.06-1
Category
Export Capacity after
								Modification
Working Days for Utility's Response
								to Proposed Modifications
1
20 kW or less
20
2
Greater than 20 kW to 200 kW
40
3
Greater than 200 kW to 1 MW
60
4
Greater than 1 MW to 15 MW
60
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter II - General Requirements › Section PSC 119.07 - Easements and rights-of-way

Current through June 24, 2024
If a public utility line extension is required to accommodate
				  a DG interconnection, the applicant shall provide, or obtain from others,
				  suitable easements or rights-of-way. The applicant is responsible for the cost
				  of providing or obtaining these easements or rights of way.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter II - General Requirements › Section PSC 119.08 - Fees and distribution system costs

Current through June 24, 2024
(1) Upon
				receiving a standard application form, the public utility shall specify the
				amount of any engineering review or distribution system study fees. The
				applicant shall pay the fees specified in Table  PSC 119.08, unless the public
				utility chooses to waive the fees in whole or in part. For any fees paid by the
				applicant per Table  PSC 119.08, any unexpended funds shall be credited to
				subsequent interconnection steps and associated fee obligations.
Table 119.08-1
Category
Export Capacity
Application Review
								Fee
Engineering Review
								Fee
Distribution System Study
								Fee
Commissioning Fee
1
20 kW or less
$150 (1-8 kW)
$300 (9-20 kW)
Cost based
Cost based
$150
2
Greater than 20 kW to 200 kW
$300 + $10/kW
Cost based
Cost based
$250
3
Greater than 200 kW to 1 MW
$2000 + $2/kW
Cost based
Cost based
$1000
4
Greater than 1 MW to 15 MW
$4000 + $0.50/kW
Cost based
Cost based
$2500
(2)
				The public utility may recover from the applicant an amount up to the actual
				cost, for labor and parts, of any distribution system upgrades required. The
				utility may charge for retesting an installation that does not conform to the
				requirements set forth in this chapter. The fee for retesting shall be equal to
				the applicable commissioning fee, unless at the public utility's discretion a
				lower fee amount is assessed.
(3)
				Costs for any necessary line extension shall be assessed pursuant to s.  PSC 113.1005.
(4) For any application
				that is withdrawn by the applicant or deemed withdrawn by the public utility,
				the public utility shall provide the applicant with a reconciliation of costs
				from any engineering review, distribution system study, or required
				distribution system upgrades or modifications performed. Public utilities shall
				refund to the applicant any fees paid in excess of costs incurred by the
				utility. Applicants shall pay any additional costs incurred by the utility in
				excess of previous payments.
(5)
				Public utilities may assess a fee of up to $300 for preparation of a
				pre-application report, unless the public utility chooses to waive the fee in
				whole or in part.
(6) For each year
				in which a public utility assessed an engineering review fee or a distribution
				system study fee for a Category 1 or 2 facility, the public utility shall
				provide a report to the commission by March 31 of the following year which
				includes:
(a) The number of Category 1 and 2
				facilities in which an engineering review fee was assessed and the average
				engineering review fee that was charged to applicants.
(b) The number of Category 1 and 2 facilities
				in which a distribution system study fee was assessed and the average
				distribution system study fee that was charged to applicants.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter II - General Requirements › Section PSC 119.09 - Disconnection

Current through June 24, 2024
A public utility may refuse to connect or may disconnect a DG
				  facility from the distribution system only under any of the following
				  conditions:
(1) Lack of approved
				standard application form or standard interconnection agreement.
(2) Termination of interconnection by mutual
				agreement.
(3) Non-compliance with
				the technical or contractual requirements.
(4) Distribution system emergency.
(5) Routine maintenance, repairs, and
				modifications, but only for a reasonable length of time necessary to perform
				the required work and upon reasonable notice.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter II - General Requirements › Section PSC 119.10 - One-line schematic diagram

Current through June 24, 2024
(1) The
				applicant shall include a one-line schematic diagram with the completed
				standard application form. ANSI symbols shall be used in the one-line schematic
				diagram to show the following:
(a) Generator
				or inverter.
(b) Point where the DG
				facility is electrically connected to the customer's electrical
				system.
(c) Point of common
				coupling.
(d) Lockable
				interconnection disconnect switch.
(e) Method of grounding, including generator
				and transformer ground connections.
(f) Protection functions and
				systems.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter II - General Requirements › Section PSC 119.11 - Control schematics

Current through June 24, 2024
For equipment not certified under s.
				  PSC
				  119.26, the applicant shall include with the
				  application a complete set of control schematics showing all protective
				  functions and controls for generator protection and distribution system
				  protection.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter II - General Requirements › Section PSC 119.12 - Site plan

Current through June 24, 2024
For all categories, the applicant shall include with the
				  application a site plan that shows the location of the interconnection
				  disconnect switch, adjoining street name, and the street address of the DG
				  facility. For Category 2, 3, or 4 DG facilities, the site plan shall show the
				  location of major equipment, electric service entrance, electric meter,
				  interconnection disconnect switch, and interface equipment.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter II - General Requirements › Section PSC 119.13 - Pre-application report

Current through June 24, 2024
(1) Potential
				applicants may request a pre-application report in order to obtain information
				about system conditions at their proposed interconnection location, without
				submitting an application under s.  PSC 119.04.
(2) To request a pre-application report,
				potential applicants shall complete and submit to its public utility the
				standard pre-application request form. A request for a pre- application report
				shall not be considered submitted until applicant submits the standard
				pre-application form and pays applicable pre-application review fees under s.
			  PSC 119.08 (5).
(3) All submitted
				pre-application report requests shall be reviewed for completeness in the order
				in which they fulfill the requirements of sub. (2).
(3m) Public utilities shall evaluate the
				submitted pre-application form for completeness within 5 business days of
				receipt. A complete request shall include location information that allows the
				public utility to clearly identify a proposed point of interconnection, and
				information on the proposed DG facility sufficient to identify DG type,
				nameplate and export capacity, and service configuration.
(4) All complete pre-application report
				requests shall receive pre-application reports in the order in which they
				fulfill the requirements of sub. (3). Within 15 business days of determining a
				pre-application report request complete, the public utility shall respond by
				providing the applicant with a completed standard pre- application report that
				provides information on the capacity, network and operating characteristics,
				and applicable operating constraints at the proposed point of
				interconnection.
(4m) Completed
				pre-application reports shall reflect the best available information using
				existing data readily available to the public utility at the time of reporting.
				A public utility shall not be obligated to conduct additional analysis of the
				proposed project or location in order to complete a pre- application report.
				The report shall communicate to potential applicants that the information
				provided is subject to change and may not be applicable as of the date when a
				future application is submitted.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter III - Design Requirements › Section PSC 119.25 - Minimum protection requirements

Current through June 24, 2024
(1)
				Each DG facility shall include protection and unintentional islanding equipment
				to prevent the facility from adversely affecting the reliability or capability
				of the distribution system. The applicant shall contact the public utility to
				determine any specific protection requirements.
(2) The protective system functions, which
				may be met with microprocessor-based multifunction protection systems or
				discrete relays, are required. Protective relay activation shall not only alarm
				but shall also trip the generator breaker/contactor.
(3) In addition to unintentional islanding
				protection, a DG facility shall meet the following minimum protection
				requirements:
(a) A Category 1 DG facility
				shall include:
1. Over/under frequency
				function.
2. Over/under voltage
				function.
3. Overcurrent
				function.
4. Ground fault
				protection.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter IV - Equipment Certification › Section PSC 119.26 - Certified paralleling equipment

Current through June 24, 2024
DG paralleling equipment that a nationally recognized
				  testing laboratory certifies as meeting the applicable type testing
				  requirements of UL 1741 (September 28, 2021 revision) is acceptable for
				  interconnection, without additional protection systems, to the distribution
				  system. The applicant may use certified paralleling equipment for
				  interconnection to a distribution system without further review or testing of
				  the equipment design by the public utility, but the use of this paralleling
				  equipment does not automatically qualify the applicant to be interconnected to
				  the distribution system at any point in the distribution system. The public
				  utility may still require an engineering review to determine the compatibility
				  of the distributed generation system with the distribution system capabilities
				  at the selected point of common coupling. DG paralleling equipment shall meet
				  applicable codes and standards listed in  PSC 119.025.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter IV - Equipment Certification › Section PSC 119.27 - Non-certified paralleling equipment

Current through June 24, 2024
(1) Any
				DG facility that is not certified under s.  PSC 119.26  shall be equipped with
				protective hardware or software to prevent unintentional islanding and to
				maintain power quality. The applicant shall provide the final design of this
				protective equipment. The public utility may review and approve the design,
				types of protective functions, and the implementation of the installation. The
				applicant shall own the protective equipment installed at its
				facility.
(2) The applicant shall
				calibrate any protective system approved under sub. (1) to the specifications
				of the public utility. The applicant shall obtain prior written approval from
				the public utility for any revisions to specified protection system
				calibrations.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter V - Testing of DG Facility Installations › Section PSC 119.30 - Unintentional islanding test

Current through June 24, 2024
The public utility may perform an unintentional islanding
				  test or observe the automatic shutdown before giving final written approval for
				  interconnection of the DG facility. The unintentional islanding test requires
				  that the DG facility shall detect the island, cease to energize the local
				  distribution system, and trip within two seconds of the formation of an island.
				  The test shall be conducted as close to the point of common coupling as
				  possible and should demonstrate that the DG facility does not energize the
				  local distribution or transmission system. The test shall be conducted with all
				  DG facility equipment operational and generating at an output that reflects
				  site conditions acceptable to both parties. If a voltage is sustained after the
				  simulation of an unintentional island, approval of the installation shall not
				  be given until corrective measures are taken with a subsequent successful
				  test.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter V - Testing of DG Facility Installations › Section PSC 119.31 - Commissioning tests for paralleling equipment in Categories 2 to 4

Current through June 24, 2024
The public utility shall provide the acceptable range of
				  settings for the paralleling equipment of a Category 2, 3, or 4 DG facility.
				  The applicant shall program protective equipment settings into this paralleling
				  equipment. The public utility may verify the protective equipment settings
				  prior to allowing the DG facility to interconnect to the distribution
				  system.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter V - Testing of DG Facility Installations › Section PSC 119.32 - Additional test

Current through June 24, 2024
The public utility or applicant may, upon reasonable notice,
				  re-test the DG facility installation after a failed test under s.  PSC 119.30  or  119.31  or a disconnection under s.  PSC 119.09. The party responsible for the
				  re-testing shall bear the cost of the re-tests.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 119 - Rules For Interconnecting Distributed Generation Facilities › Subchapter V - Testing of DG Facility Installations › Section PSC 119.40 - Dispute Procedures

Current through June 24, 2024
(1)
				Applicants and public utilities shall attempt to resolve all disputes arising
				out of the interconnection process, including, but not limited to, the
				application and approval process under s. 119.04 and disconnection under s.
				119.09, as described in this section.
(2) The applicant shall attempt to resolve
				the issue with the public utility by informing the public utility of the issue
				under dispute and the relief requested. The public utility shall:
(a) Investigate the issue promptly and
				completely.
(b) Advise the
				applicant of the results of the investigation.
(c) Attempt to resolve the dispute.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter I - General › Section PSC 128.01 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Commercial communications" includes communications used by government and
				military entities for emergency purposes, licensed amateur radio service, and
				non-emergency communications used by agricultural, business, government, and
				military entities including aviation radar, commercial mobile radio service,
				fixed wireless service, global positioning, line-of-sight, microwave, personal
				communications service, weather radar, and wireless internet service.
(2) "Commission" means the public service
				commission.
(4) "Decommissioning"
				means removal of all of the following:
(a) The
				above ground portion of a wind energy system, including wind turbines and
				related facilities, except for access roads if removal has been waived by the
				property owner.
(b) All below
				ground facilities, except the following:
1.
				Underground collector circuit facilities.
2. Those portions of concrete structures 4
				feet or more below grade.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter I - General › Section PSC 128.02 - Applicability

Current through June 24, 2024
(1) POLITICAL SUBDIVISION APPLICATIONS.
(a) Except as provided in par. (b), this
				chapter applies to a political subdivision's review of a proposed wind energy
				system or regulation of a wind energy system under s.
				66.0401,
				Stats.
(b) This chapter does not
				apply to any of the following:
1. A wind
				energy system for which construction began before March 1, 2011.
2. A wind energy system placed in operation
				before March 1, 2011.
3. A wind
				energy system approved by a political subdivision before March 1,
				2011.
4. A wind energy system
				proposed by an owner in an application filed with a political subdivision
				before the March 1, 2011.
(c) Notwithstanding par. (b) 4., if an owner
				withdraws an application for a proposed wind energy system that is filed with a
				political subdivision before March 1, 2011, this chapter applies to the wind
				energy system if the owner re-files the application with the political
				subdivision on or after March 1, 2011.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter I - General › Section PSC 128.03 - Political subdivision authority

Current through June 24, 2024
A political subdivision may not place any restriction, either
				  directly or in effect, on the installation or use of a wind energy system
				  except by adopting an ordinance that complies with this chapter and s.
				  66.0401,
				  Stats., and is not more restrictive than this chapter.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter I - General › Section PSC 128.04 - Enforcement

Current through June 24, 2024
(1) POLITICAL SUBDIVISIONS. A political
				subdivision shall be responsible for enforcing its wind energy system ordinance
				and permit provisions.
(2)
				COMMISSION. The commission shall enforce its rules and orders under this
				chapter in the manner prescribed in s.
				196.66,
				Stats., or by such other means as provided in the statutes or administrative
				code.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.10 - Incorporating owner requirements into local ordinances

Current through June 24, 2024
(1) ORDINANCES WITH
				ALL THE OWNER REQUIREMENTS. A political subdivision may enact an ordinance that
				incorporates all the owner requirements specified in this subchapter, but may
				not enact an ordinance whose requirements on the installation or use of a wind
				energy system are more restrictive than specified in this subchapter.
(2) ORDINANCES WITH LESS RESTRICTIVE OWNER
				REQUIREMENTS. Except as provided in sub. (4), a political subdivision may enact
				an ordinance whose requirements on the installation or use of a wind energy
				system are less restrictive than specified in this subchapter.
(3) NO ORDINANCE. Except as provided in sub.
				(4), if a political subdivision does not enact an ordinance establishing
				requirements on the installation or use of a wind energy system, this
				subchapter does not apply within the political subdivision.
(4) MANDATORY REQUIREMENTS.
(a) Section
				PSC
				128.105 applies to every owner of a wind energy
				system, regardless of the political subdivision in which the wind energy system
				is located and regardless of the contents of a political subdivision's
				ordinance or the lack of an ordinance.
(b) Section
				PSC
				128.13(2) (a) applies to every
				political subdivision, regardless of the contents of its ordinance or the lack
				of an ordinance.
(c) Section
				PSC
				128.19 applies to every owner of a wind energy system
				of at least one megawatt, regardless of the political subdivision in which the
				wind energy system is located and regardless of the contents of a political
				subdivision's ordinance or the lack of an ordinance.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.105 - Development of a wind energy system; notice requirements

Current through June 24, 2024
(1) PRE-APPLICATION
				NOTICE. At least 90 days before an owner files an application to construct a
				wind energy system, an owner shall use commercially reasonable methods to
				provide written notice of the planned wind energy system to all of the
				following:
(a) Landowners within one mile of
				a planned wind turbine host property.
(b) Political subdivisions within which the
				wind energy system may be located.
(c) Emergency first responders and air
				ambulance service providers serving a political subdivision within which the
				wind energy system may be located.
(d) The Wisconsin department of
				transportation.
(e) The
				commission.
(f) The DNR.
(g) The Wisconsin department of agriculture,
				trade and consumer protection.
(h)
				The office of the deputy undersecretary of the U.S. department of defense.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.11 - Real property provisions

Current through June 24, 2024
(1) EASEMENT
				RECORDING REQUIRED. A wind energy system easement or wind access easement shall
				be recorded under ch. 706, Stats. A wind energy system easement or wind access
				easement shall include the term of the easement and a full legal description of
				the property subject to the easement.
(2) WIND LEASE AND WAIVER PROVISIONS. A wind
				energy system lease and any waiver under s.
				PSC
				128.14(5) or
				128.15(4) shall hold
				harmless and indemnify the real property owner for all of the following:
(a) Any violation of federal, state or local
				law by the owner of the wind energy system.
(b) Any damages or bodily injury caused by
				the construction, operation or decommissioning of the wind energy
				system.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.12 - Existing property uses

Current through June 24, 2024
(1) LAND USE AND COMMERCIAL ENTERPRISES. An
				owner shall make reasonable efforts to ascertain and accommodate any land use
				or commercial enterprise located on a nonparticipating property within 0.5 mile
				of a proposed wind turbine site if the land use or commercial enterprise exists
				when the owner gives notice under s.
				PSC
				128.105(1), or if complete
				publicly-available plans for construction are on file with a political
				subdivision within 30 days of the date the owner gives notice under s.
				PSC
				128.105(1).
(2) AGRICULTURAL USE. An owner shall design a
				wind energy system to reasonably minimize the conversion of land from
				agricultural use.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.13 - Siting criteria

Current through June 24, 2024
(1) SETBACK DISTANCE AND HEIGHT REQUIREMENTS.
(a) An owner shall design and construct a
				wind energy system using the wind turbine setback distances shown in Table 1.
Table 1
Setback Description
Setback Distance
Occupied Community Buildings
The lesser of 1,250 feet or 3.1 times the maximum
								blade tip height
Participating Residences
1.1 times the maximum blade tip height
Nonparticipating Residences
The lesser of 1,250 feet or 3.1 times the maximum
								blade tip height
Participating Property Lines
None
Nonparticipating Property Lines
1.1 times the maximum blade tip height
Public Road Right-of-Way
1.1 times the maximum blade tip height
Overhead Communication and Electric Transmission or
								Distribution Lines - Not including utility service lines to individual houses
								or outbuildings
1.1 times the maximum blade tip height
Overhead Utility Service Lines - Lines to
								individual houses or outbuildings
None
(b)
				An owner shall measure wind turbine setback distances as a straight line from
				the vertical centerline of the wind turbine tower to the nearest point on the
				permanent foundation of a building or residence or to the nearest point on the
				property line or feature, as applicable.
(c) An owner shall work with a political
				subdivision and owners of participating and nonparticipating properties to site
				wind turbines to minimize individual hardships.
(d) The owner of a nonparticipating residence
				or occupied community building may waive the applicable wind turbine setback
				distances in Table 1 for those structures to a minimum setback distance of 1.1
				times the maximum blade tip height. The owner of a nonparticipating property
				may waive the applicable wind turbine setback distance in Table 1 from a
				nonparticipating property line.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.14 - Noise criteria

Current through June 24, 2024
(1) DEFINITIONS. In this section, nighttime
				hours are the hours beginning at 10:00 p.m. and ending at 6:00 a.m. daily and
				daytime hours are the hours beginning at 6:00 a.m. and ending at 10:00 p.m.
				daily.
(2) PLANNING.
(a) The noise limits in this section apply at
				the outside wall of a nonparticipating residence or occupied community building
				that exists when the owner gives notice under s.
				PSC
				128.105(1) or for which complete
				publicly-available plans for construction are on file with a political
				subdivision within 30 days of the date on which the owner gives notice under s.
				PSC
				128.105(1).
(b) An owner shall design the proposed wind
				energy system to minimize noise at a residence or occupied community building
				to the extent reasonably practicable.
(c) An owner shall design a wind energy
				system to comply with the noise standards in this section under planned
				operating conditions.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.15 - Shadow flicker

Current through June 24, 2024
(1) PLANNING.
(a) The shadow flicker requirements in this
				section apply to a nonparticipating residence or occupied community building
				that exists when the owner gives notice under s.
				PSC
				128.105(1) or for which complete
				publicly-available plans for construction are on file with a political
				subdivision within 30 days of the date on which the owner gives notice under s.
				PSC
				128.105(1).
(b) An owner shall design the proposed wind
				energy system to minimize shadow flicker at a residence or occupied community
				building to the extent reasonably practicable.
(c) An owner shall use shadow flicker
				computer modeling to estimate the amount of shadow flicker anticipated to be
				caused by a wind energy system and shall design the wind energy system so that
				computer modeling indicates that no nonparticipating residence or occupied
				community building will experience more than 30 hours per year of shadow
				flicker under planned operating conditions.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.16 - Signal interference

Current through June 24, 2024
(1) PLANNING.
(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.
(b) A owner shall
				use reasonable efforts to avoid causing interference with commercial
				communications and personal communications to the extent practicable.
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.17 - Stray voltage

Current through June 24, 2024
(1) TESTING REQUIRED.
(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).
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.18 - Construction and operation

Current through June 24, 2024
(1) PHYSICAL
				CHARACTERISTICS.
(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.
(b) An owner shall ensure that a wind turbine
				has a conventional or unobtrusive finish.
(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.
(d) An owner shall take appropriate measures
				to ensure that a wind turbine is not readily climbable except by authorized
				personnel.
(e) An owner shall
				ensure that all wind turbine access doors and electrical equipment are locked
				when authorized personnel are not present.
(f) An owner shall place appropriate warning
				signage on or at the base of each wind turbine.
(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.
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter II - Owner Requirements › Section PSC 128.19 - Decommissioning

Current through June 24, 2024
(1) REQUIREMENT TO DECOMMISSION.
(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.
(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).
(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:
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.
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.
3. The owner demonstrates that the wind
				energy system is being used for educational purposes.
(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.
(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:
1. The owner does not request an
				extension of the time period for returning the wind energy system to service
				under par. (c).
2. The political
				subdivision denies a request for an extension under par. (d) and any appeal
				rights have expired.
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter III - Political Subdivision Procedure › Section PSC 128.30 - Application and notice requirements

Current through June 24, 2024
(1) APPLICATION
				REQUIRED. An owner shall file an application to construct a wind energy system
				with all political subdivisions with jurisdiction over the wind energy
				system.
(2) CONTENTS OF AN
				APPLICATION. An owner shall complete and file with the political subdivision an
				application that includes all of the following:
(a) Wind energy system description and maps
				showing the locations of all proposed wind energy facilities.
(b) Technical description of wind turbines
				and wind turbine sites.
(c)
				Timeline and process for constructing the wind energy system.
(d) Information regarding anticipated impact
				of the wind energy system on local infrastructure.
(e) Information regarding noise anticipated
				to be attributable to the wind energy system.
(f) Information regarding shadow flicker
				anticipated to be attributable to the wind energy system.
(g) Information regarding the anticipated
				effects of the wind energy system on existing land uses within 0.5 mile of the
				wind energy system.
(h) Information
				regarding the anticipated effects of the wind energy system on airports and
				airspace.
(i) Information regarding
				the anticipated effects of the wind energy system on line-of-sight
				communications.
(j) A list of all
				state and federal permits required to construct and operate the wind energy
				system.
(k) Information regarding
				the planned use and modification of roads within the political subdivision
				during the construction, operation, and decommissioning of the wind energy
				system, including a process for assessing road damage caused by wind energy
				system activities and for conducting road repairs at the owner's expense.
(L) A copy of all emergency plans
				developed in collaboration with appropriate first responders under s.
				PSC 128.18(4)
				(b). An owner may file plans using
				confidential filing procedures as necessary.
(m) A decommissioning and site restoration
				plan providing reasonable assurances that the owner will be able to comply with
				s.
				PSC
				128.19.
(n) A representative copy of all notices
				issued under sub. (5) and ss.
				PSC
				128.105(1) (a) and
				128.42(1).
(p) Any other information necessary to
				understand the construction, operation or decommissioning of the proposed wind
				energy system.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter III - Political Subdivision Procedure › Section PSC 128.31 - Application completeness

Current through June 24, 2024
(1) COMPLETE
				APPLICATIONS.
(a) An application is complete
				if it meets the filing requirements under ss.
				PSC
				128.30(2) and
				128.50(1).
(b) The political subdivision shall determine
				the completeness of an application, and shall notify the owner in writing of
				the completeness determination, no later than 45 days after the day the
				application is filed. An application is considered filed the day the owner
				notifies the political subdivision in writing that all the application
				materials have been filed. If a political subdivision determines that the
				application is incomplete, the notice provided to the owner shall state the
				reasons for the determination.
(c)
				An owner may file a supplement to an application that the political subdivision
				has determined to be incomplete. There is no limit to the number of times that
				an owner may re-file an application. For incomplete applications, the owner
				shall provide additional information as specified in the notice under par.
				(b).
(d) An additional 45-day
				completeness review period shall begin the day after the political subdivision
				receives responses to all items identified in the notice under par.
				(b).
(e) If a political subdivision
				does not make a completeness determination within the applicable review period,
				the application is considered to be complete.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter III - Political Subdivision Procedure › Section PSC 128.32 - Political subdivision review of a wind energy system

Current through June 24, 2024
(1) APPROVAL BY
				POLITICAL SUBDIVISION. Except as provided in s.
				PSC
				128.02(1), a political subdivision
				may require an owner to obtain approval from the political subdivision before
				constructing any of the following:
(a) A wind
				energy system.
(b) An expansion of
				an existing or previously-approved wind energy system.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter III - Political Subdivision Procedure › Section PSC 128.34 - Record of decision

Current through June 24, 2024
(1) RECORDKEEPING.
(a) A political subdivision shall keep a
				complete written record of its decision-making relating to an application for a
				wind energy system.
(b) If a
				political subdivision denies an application, the political subdivision shall
				keep the record for at least 7 years following the year in which it issues the
				decision.
(c) If a political
				subdivision approves an application, the political subdivision shall keep the
				record for at least 7 years after the year in which the wind energy system is
				decommissioned.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter III - Political Subdivision Procedure › Section PSC 128.35 - Modifications to an approved wind energy system

Current through June 24, 2024
(1) MATERIAL
				CHANGE.
(a) An owner may not make a material
				change in the approved design, location or construction of a wind energy system
				without the prior written approval of the political subdivision that authorized
				the wind energy system, unless the political subdivision automatically approves
				the material change by taking either of the steps specified in s.
				PSC
				128.32(2) (b) 1. or 2.
(b) An owner shall submit an application for
				a material change to an approved wind energy system to the political
				subdivision that authorized the wind energy system.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter III - Political Subdivision Procedure › Section PSC 128.36 - Monitoring compliance

Current through June 24, 2024
(1) MONITORING PROCEDURE. A political
				subdivision may establish a procedure to monitor compliance by the owner with
				any condition on an approved wind energy system or to assess when wind energy
				system facilities are not maintained in good repair and operating condition.
				The procedure may include timelines, provide for payment of reasonable fees for
				conducting an assessment, and provide for notification to the public.
(2) THIRD-PARTY INSPECTOR DURING
				CONSTRUCTION. A political subdivision may require an owner to pay a reasonable
				fee for a third-party inspector to monitor and report to the political
				subdivision regarding the owner's compliance with permit requirements during
				construction. An inspector monitoring compliance under this subsection shall
				also report to a state permitting authority upon the state permitting
				authority's request.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter IV - Complaints › Section PSC 128.40 - Complaint process

Current through June 24, 2024
(1) MAKING A COMPLAINT.
(a) An aggrieved person may make a complaint
				regarding failure by an owner to comply with an obligation under this chapter
				or an ordinance adopted under this chapter.
(b) A complaint under par. (a) shall be made
				first to the owner of the wind energy system pursuant to a complaint resolution
				process developed by the owner.
(c) A complainant may petition the political
				subdivision for review of a complaint that is not resolved within 45 days of
				the day the owner receives the original complaint.
(d) A political subdivision's decision under
				par. (c) is subject to review under s.
				66.0401(5),
				Stats.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter IV - Complaints › Section PSC 128.41 - Monitoring committee

Current through June 24, 2024
(1) COMMITTEE. Except as provided in sub.
				(3), a political subdivision may establish a monitoring committee to oversee
				resolution of complaints regarding a wind energy system. A monitoring committee
				shall include on the committee a member who is a local employee of an owner of
				a wind energy system and, if in existence, at least one nonparticipating
				landowner residing in the political subdivision within 0.5 mile of a wind
				turbine that is located in the political subdivision.
(2) DUTIES. A monitoring committee
				established under sub. (1) may do any of the following:
(a) Maintain a record of all complaints
				brought to it.
(b) Require the
				owner to provide the committee with information regarding the owner's response
				to any complaint forwarded to the owner by the committee.
(c) Recommend to the political subdivision a
				reasonable resolution to a complaint based upon the information gathered by the
				committee.