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Today (8/25/10), the Public Service Commission of Wisconsin (PSSCW) continued its discussion of draft administrative rules regulating the siting and operation of wind energy systems. Docket 1-AC-231. The final discussion, and (presumably) vote on the rules will be Monday, 8/30. The rules will set restrictions local units of government may impose on wind developments. Local governments have jurisdiction over projects under 100MW. As currently drafted, local governments may not require turbines to operate below 50dBA during the day and 45dBA at night. The only setback requirement is one and one-half times the height of the blade tip away from an occupied residence, although the commission will likely increase this modestly on Monday. The PSCW has exclusive jurisdiction over projects 100MW and up. The rules will require the commission to consider the standards in making its own siting decisions, but will not require the commission to apply them. The commission is largely accepting the recommendations of the Wisconsin Wind Siting Council, a new state agency created late last year in the act mandating uniform wind siting standards. The Wisconsin legislature believed that there was a patchwork of local regulations which was stunting wind development. A minority of the wind siting council wanted lower noise limits and greater setbacks and a mandatory property value protection plan for non-participating property owners. The final rules will be filed with the state legislature at the end of the month for review. The relevant legislative committees may send the rules back to the PSCW with requested changes. One major project --a 100+ turbine wind farm proposed by Invenergy--has been on hold pending the completion of the rule making. Invenergy is expected to amend its application --see PSCW docket 9554-CE-100-- shortly after the rules become final. The PSCW website is www.psc.wi.gov. Enter the docket number and see all relevant filings.

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