Today the Commission approved the Notice of Hearing and Amended Draft Rules (Docket 1-AC-231) regarding the siting of wind energy systems and directed that the required filings be made The rulemaking in this docket deals with the siting of wind energy systems. The Commission approved a Statement of Scope in this docket on October 30, 2009. It was published in the November 14, 2009, Wisconsin Administrative Register.This rulemaking complies with the requirement in 2009 Wisconsin Act 40 that the Commission, with the advice of the Wind Siting Council (Council), create rules that specify the restrictions a political subdivision may impose on the construction and operation of a wind energy system with an operating capacity of less than 100 megawatts (MW). The Commission is required to consider the requirements in these rules when determining whether to grant a Certificate of Public Convenience and Necessity (CPCN) to a wind energy system with an operating capacity of 100 MW or more.
The Council members provided input concerning these rules during a series of meetings in early 2010. The Council members reviewed and commented on an earlier draft of the rules and those comments have been considered in the development of the current draft by Commission staff. It is important to note that the Council has not reviewed or commented on the current draft, nor yet established formal or consensus positions regarding many of the issues covered by the draft rules. For example, the rules dealing with setbacks include distances that mirror previous Commission decisions in wind energy system cases. These specific distances have not yet been discussed by the Council. Accordingly, they do not reflect a formal position or advice of the Council. Commission staff anticipates receiving comments from the Council on both this draft and the draft that Commission staff will prepare for the Commission’s consideration after public hearing.
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