Better Plan, Wisconsin

Bucky can you hear me?

New PSC wind rules: Non participating homeowners setback: Forty story turbine 1240 feet from your house, 440 feet from property line, 50/45 dbA allowable noise, 30 hours allowable shadow flicker, hush money option for those living within half mile.

FIRST FEATURE

SOURCE: PSC PRESS RELEASE at wisbusiness.com

PSC: Finalizes wind siting rules

8/30/2010

Contact: Teresa Weidemann-Smith, (608) 266-9600

Uniform Standards Head to the Legislature

MADISON - The Public Service Commission of Wisconsin (Commission) today finished its work on administrative rules governing the siting of wind turbines in Wisconsin. The rules were drafted in response to 2009 Wisconsin Act 40, recently-enacted legislation directing the Commission to promulgate rules that specify the restrictions local units of government may impose on the installation or use of wind energy systems.

“I am happy to have these rules completed,” said Commission Chairperson Eric Callisto. “Establishing clear and consistent siting standards is critical to removing the confusion that currently surrounds non-utility wind projects in Wisconsin.”

The Commission’s rules will function as a uniform ceiling of standards to guide the local regulation of wind siting, operation, and decommissioning for projects less than 100 megawatts in generating capacity. The rules specify how a political subdivision can establish setback requirements, noise and shadow flicker standards, and mechanisms that give non-participating landowners a stake in wind energy projects sited in their area. The rules include the following provisions:

Notice Requirements. At least 90 days before filing an application, the wind energy system owner must give notice to landowners within one mile of proposed wind turbine locations.

Noise Performance Standards. A political subdivision can require wind energy systems to be sited and operated in a manner that does not exceed 45 dBA during nighttime hours and 50 dBA during daytime hours. Noise limits will be measured from the outside wall of non-participating residences and occupied community buildings.

Shadow Flicker Performance Standards. A political subdivision can require wind energy systems to be sited and operated in a manner that does not cause more than 30 hours per year of shadow flicker for non-participating residences or occupied community buildings. If a wind energy system causes more than 20 hours per year of shadow flicker, a political subdivision can require the wind energy system owner to install mitigation measures for affected landowners, at the expense of the wind turbine owner.

Setbacks. A political subdivision can impose minimum safety setbacks of 1.1 times the maximum blade tip height of a wind turbine for participating residences, non-participating property lines, public road rights-of-way, and overhead communication and electric transmission or distribution lines. Setbacks of up to 3.1 times the maximum blade tip height of a wind turbine may be established for nonparticipating residences and occupied community buildings.

Good Neighbor Payments. The rules allow local units of government to require wind energy system owners to provide monetary compensation to non-participating landowners located within one-half mile of a wind turbine site. A political subdivision may not require these payments for non-participating landowners to exceed 25% of the payments being made to a landowner hosting a wind turbine in the project.

Complaint Resolution. The rules establish complaint resolution requirements for wind energy system owners, and a process for requesting political subdivision review of unresolved complaints. A political subdivision’s decision on review of a complaint is appealable to the Commission.

The Commission’s action today caps off six months of intense work in developing uniform wind siting rules for Wisconsin. As part of its process, the Commission established a 15-member Wind Siting Council, which, after months of deliberations, submitted its recommendations to the Commission earlier this month. The Commission also held public hearings earlier this summer in Fond du Lac, Tomah, and Madison, and accepted over 1800 public comments into the record. The Commission’s rules now head to the Legislature, where the presiding officer of each house will have 10 days to refer the rules to a standing committee for review.

SECOND FEATURE

PSC Sets new rules for wind farms

SOURCE: Green Bay Press-Gazette, www.greenbaypressgazette.com

August 31, 2010

By Tony Walter

Wind turbine siting rules approved Monday by the Wisconsin Public Service Commission likely will have little impact on a Chicago-based company’s attempts to build a 100-turbine wind farm in southern Brown County.

The PSC established guidelines for local governments to set restrictions on projects less than 100 megawatts in generating capacity.

However, the Ledge Wind project proposed by Invenergy LLC in the towns of Morrison, Holland, Glenmore and Wrightstown would exceed 100 megawatts. The company submitted its application to the PSC last year but was told to make some changes.

Invenergy officials have said they would wait for the new siting rules before resubmitting their application because they believed the rules might affect their project. Kevin Parzyck, project manager for the Ledge Wind farm, was not available for comment Monday.

The new rules could affect other wind turbine expansion in Brown County.

The rules require wind energy system owners to give 90 days notice about the filing of their turbine proposal to landowners within 1 mile of a proposed location.

The rules would also allow local governments to limit wind farms to not be louder than 45 decibels during nighttime hours and 50 decibels during daytime hours. Normal conversation and background radio noise is rated at 45 decibels. The noise limits will be measured from the outside wall of nonparticipating residences and occupied community buildings.

The rules also let local governments require wind energy system owners to provide monetary compensation to landowners who won’t have turbines on their property but are located within one-half mile of a site. Local officials may not require these payments for nonparticipating landowners to exceed 25 percent of the payments being made to a landowner hosting a wind turbine in the project.

Although the wind farm proposal for southern Brown County wouldn’t be affected by the new rules, Invenergy expects to resubmit its application soon. Invenergy’s efforts to build the wind farm are being opposed by a citizen’s group, Brown County Citizens for Responsible Wind Energy, that claims Invenergy’s plan poses a health risk to property owners nearby.

A representative from the group could not be reached for comment on Monday.

The Wisconsin Legislature enacted a law in 2009 that directed the PSC to come up with rules to guide local municipalities in their control projects less than 100 megawatts. A Wind Siting Council was appointed to draft the rules, which the PSC approved on Monday.

The Legislature can send the issue back to the PSC for changes or it can accept the commission’s decision by taking no action.

THIRD FEATURE

PSC REGULATORS VOTE TO ADOPT WIND STANDARDS

SOURCE Journal Sentinel, www.jsonline.com

 August 30  2010

By Thomas Content

State energy regulators completed work Monday on rules that would restrict the location of wind turbines in Wisconsin.

The Public Service Commission voted 3-0 to adopt standards for noise and shadow flicker, and opted to allow local governments to require “good neighbor payments” to residents who live within one-half mile of a wind turbine but aren’t hosting a turbine on their land.

Commissioners have grappled with details of the rules during a series of meetings over the past few weeks, as the agency scrambled to complete the rules by the end of August. The rules are now being submitted to the state Legislature for review.

At Monday’s meeting, commissioners Mark Meyer and Lauren Azar supported a more stringent safety setback for wind turbines than had been proposed by the commission’s wind siting advisory council. PSC Chairman Eric Callisto said performance standards adopted in the rules meant that a more stringent setback wasn’t required. But Azar argued for a bigger safety setback because it is unclear how well the new performance standards will work.

“What we’re going to see is the loss of some quality land for reasonable projects that, if you followed the (performance) standards, would otherwise be safe,” Callisto said.

In a law passed earlier this year, the Legislature asked the commission to develop the standards that would eliminate a patchwork of regulations and wind-power bans that some counties have passed.

Callisto said in a statement after the meeting that he was pleased the commission has adopted the rules.

“Establishing clear and consistent siting standards is critical to removing the confusion that currently surrounds non-utility wind projects in Wisconsin,” he said.

The rules were controversial because of the tension between wind developers and property owners concerned about shadow flicker, noise and other effects caused by turbines.

The “good neighbor payments” and other restrictions will help address some of the tension, said Dan Ebert, chairman of the wind siting advisory council.

“For non-participating landowners, it’s this sense of loss of control, the sense of decisions being made without considering them, that has resulted in a lot of controversy,” he said. Giving those landowners “a stake in the project so that they will ultimately see some of the direct benefits will go a long way to reducing the controversy.”

The safety setback established by the commission would be 3.1 times the maximum height of a blade. That would be equivalent to the setbacks imposed by the commission when it endorsed the We Energies Glacier Hills wind farm in Columbia County.

The rules adopted govern smaller wind farms. Utility-scale wind farms remain under review under a separate process.

WANT MORE? WIND TURBINES IN THE NEWS:

After investing one billion dollars, John Deere is quitting wind business:

SOURCE: Finance.yahoo.com

Deere said in February it was reviewing options for John Deere Renewables. It has invested $1 billion over the past five years in the financing, development and ownership of wind energy projects.

On Tuesday, Deere said the deal will allow it to get back to what it does best, which is manufacturing farm equipment.

CLICK HERE TO READ FULL STORY

 

This interview was conducted by Tim Harmann who is with the Brown County Citizens for Responsible Wind Energy (Link: BCCRWE.com)

Elizabeth Eberts is a resident of the We Energies Blue Sky/Green Field wind project. Click on the image below to hear what she has to say about living with wind turbines. For those whose internet connection isn't fast enough to watch video, a transcript is provided below.

Transcript of Interview with  Elizabeth Eberts

I'm a non participant of the wind turbines but I have them to the north, west and south of me. We live down in this hollow part and they just come straight above by our house and we hear all the noise.

And sleeping at night, if they don't turn at night, I sleep great. Like last night I had a terrific nights sleep but this week, Wednesday they were really going and just like that in the middle of the night I'll just jump up and there's nothing I can do.

It just does something. I don't know what the noise is that wakes me up or what it is but I can sleep through thunderstorms, anything. But I cannot sleep through this. I've tried different things but I just can't.

And I complained to them about the noise and they said they can do nothing about the noise. It's the way it is, etc. etc.

Well I had my son over here because he had to have major surgery. And you know, because we could leave from here I thought it was real nice.

Well then he told me, he said he couldn't sleep all night because it sounded like an airplane hovering over his bedroom all night long. So he couldn't sleep.

And I thought it was just me, you know? I never gave it a thought.

In our township, noise means nothing. That's exactly what they told me. They say it at every meeting you go to. "We're not going to discuss the noise."

Well, it's a big problem here. Especially for me with [turbine noise ] coming down at me.

And they just don't acknowledge it at all.

So in addition to your noise and your sleep, you had some problems with your TV?

Well we have problems with the TV, the scanner and the FM radio.

The TV was the worst of them all. It took a good year, and I just told them after all that they did I said that this is it. Take it out. I don't care what you give me. I can't stand it any more.

It would go out. You'd be listening to a program, you'd see half of it, and all of a sudden it's gone. Then it would come back again. Well. It was just totally out of control. I was just plain frustrated. You just turned the TV off and just let it off for awhile.

And you said you visit your daughter who is in the wind farm too and she has other issues?

Yes. She has bad shadow flicker. Over the complete house. Because the wind turbine to the east of her is on a very high hill, so it covers their whole house.

She can't go anyplace in her house where she does not see shadow flicker.

Well, [the wind developer] offered the blinds and that. Well, [the flicker will] go through the top part of your window. You can put them up as good as you want, it still goes through.

I was putting up-- we made curtains for her--- and I was putting them up and I seen this flickering going in there, and I said, "Oh my gosh," I had to get down from the ladder and turn away from it.

And she says, "Oh, this isn't bad, mom."

Well, to me it was. That was very bad.

But they will put blinds up for you or whatever
 But what do you put windows in your house for?

[This wind farm] they just put it up and that was it. They didn't work with us at all.

And what they say to you, don't believe them.

I had this guy from We Energies coming into my house and telling me he'd give me back everything he took away.

And then he shook my hand.

And you know what? To this day yet I haven't gotten everything back they took away, They can't give me  it back. There is no way. Unless they stop these turbines.

WHAT'S THE PROBLEM?

CLICK HERE to watch a video showing what it's like to live in a wind project during the construction phase

Click on the image below to hear the noise from a wind turbine 1100 feet from a home in the Invenergy Forward wind project in Fond du Lac County, Wisconsin. Because of the noise, this home is now for sale.

Home for sale, Blue Sky/ Green Field project, Fond du Lac County, WI Photo: Jim Bembinster

On May 6th, 2010 two doctors gave presentations about wind turbine noise at the Rutland Regional Medical Center in Rutland, Vermont.

Robert J. McCunney, M.D. was one of the doctors hired by both the American Wind Energy Association and the Canadian Wind Energy Association to review existing peer-reviewed literature about possible negative health effects from wind turbines noise. He is credited as being one of the seven authors of a white paper called "Wind Turbine Sound and Health Effects: An Expert Panel Review" which found no negative health effects from wind turbine noise.

Michael Nissenbaum, M.D. is specialist in diagnostic imaging, whose training and work involves developing and utilizing an understanding of the effects of energy deposition, including sound, on human tissues. He is a former Associate Director of MRI at a major Harvard hospital, a former junior faculty member at Harvard University. He conducted medical interviews with residents of the Mars Hill wind project in Maine, and with a control group of residents who live three miles from the project. His conclusions were quite different than those of the AWEA/CANWEA funded study.

The findings of these two medical professionals are detailed in a presentation which has been posted on YouTube in ten minute segments.

Click on the links below to watch

Part One: Introduction and opening remarks by Dr. McCunney

Part Two: Dr. McCunney

Part Three; Dr. McCunney

Part Four: Conclusion by Dr. McCunney, Opening remarks by Dr. Nissenbaum

Part Five: Dr. Nissenbaum

Part Six: Dr. Nissenbaum

Part Seven: Dr. Nissenbaum concluding remarks and questions for Dr. Nissenbaum and Dr. McCunney

Part Eight: questions for Dr. Nissenbaum and Dr. McCunney

Part Nine: questions for Dr. Nissenbaum and Dr. McCunney

NOTE FROM THE BPWI RESEARCH NERD: Better Plan has been following the Wirtz family story since our first interview with them in June of 2009 on the day they decided to abandon their home because of noise and vibration from the turbine in the photo below.

You can read our first interview with the family by CLICKING HERE

The Wirtz family had been living in and renovating the 100 year old home pictured below for 12 years before Invenergy began erecting 86 industrial scale wind turbines. The 400 foot structures are sited as close as 1000 feet from non-participating homes.The turbine in this photo is located 1250 feet from the Wirtz home.

They were unable to find anyone willing to purchase the property and say they were unable to stay because of the deterioration of the family's health due to loss of sustained sleep because of tubine noise and vibration.

We spoke with Ann Wirtz, who attended the May 4th Wind Siting Council meeting at the home of council member Larry Wunsh. Wunsch, a fire fighter, lives in the same Invenergy project and spoke to the council about the turbine noise which keeps he and his wife awake at night.

At the same time Wunsch was speaking, Ann told us her home was being auctioned at a sheriff's sale. Though the home had appraised for $320,000 in 2007, the opening bid on the house was $107,000.

Even at that price it found no local buyers. The Bank of New York Mellon took ownership at a price of $106,740.

Better Plan was glad to hear from Ann that the Wirtz family's health has greatly improved since they moved to the village of Oakfield.

Both Ann and Jason Wirtz grew up in rural Wisconsin and intended to raise their children in their 100 year old farmhouse.

Both decided it was not worth the cost of their family's health to remain in the Invenergy Forward Energy wind project, even if it meant losing all they had.

They do have their health, but what a price they have had to pay.

Most members of Wisconsin's wind siting council continue to claim there is no effect on property value when wind turbines are built so near a home.

They continue to claim there are no negative health effects from living too close to wind turbines.

The Wirtz family begs to differ.

Council member Larry Wunsch's home is now for sale.

The closest turbine to his door is 1100 feet away.

The Wind Siting Council will be creating siting guidelines for wind turbines for the entire state of Wisconsin.

More than two thirds of the council members have direct or indirect financial interest in the outcome of these rules.

CLICK HERE TO SEE WHO IS ON THE WIND SITING COUNCIL

WIND FARM PROPERTY SOLD AT SHERIFF'S SALE

 SOURCE: The Daily Reporter, dailyreporter.com

May 6, 2010

By Paul Snyder

The attorney representing two Oakfield residents in a case against Chicago-based Invenergy LLC wants the results of a sheriff’s sale this week to convince the state to review the case.

Madison-based attorney Ed Marion on Thursday sent a letter to the Public Service Commission of Wisconsin, requesting it consider new facts in Ann and Jason Wirtz’s case against Invenergy.

The Wirtzes abandoned their home in Brownsville last year after Invenergy’s Forward Energy Wind Center became operational in 2008. The property, appraised at $320,000 in 2007, sold to the Bank of New York Mellon at a sheriff’s sale Tuesday for $106,740.

“I hope it will influence the commission to look favorably, at least, at giving us our day in court,” Marion said.

The Wirtzes want the PSC to force Invenergy to compensate the family for their losses, although no specific amount is named.

Marion said the PSC has not yet made a decision as to whether it will review the case.