Better Plan, Wisconsin

How many radios will it take before they fix the problem? James Vollmer has four so far.PSC Data Request Response Blue Sky Green Field Wind Project 6630-CE-294

11.01. Regarding Commission staff’s July 19, 2010, Data Requests 10.01 and 10.02, also provide a detailed history of WEPCO’s contacts and any plan to address complaints of the following resident:

• James Mueller

Response:

The following is a summary of contacts with this customer. Any further actions would follow the practices provided in response to PSC 10. 02.

Summary of Contacts with Jim Mueller
Television and Radio Mitigation Efforts

In February 2008, Mr. Mueller contacted WEPCO regarding television reception problems.

After unsuccessfully trying to eliminate Mr. Mueller’s interference with an antennae solution, a DISH Network system was installed in March 2008.

On March 28, 2008, a reboot of the Mueller’s DISH system was conducted in response to complaints of receiver “lock-up” problems.

Because of this issue, the DISH receiver and remote was serviced and an AB switch was installed to facilitate the use of the aerial antenna system when needed.

In July 2008, at Mr. Mueller’s request, WEPCO sent Mr. Mueller a letter referencing our obligations as stated in the Joint Development Agreement and the CPCN Order in regards to mitigating television interference.

Mr. Mueller’s concern was that WEPCO would not continue its mitigation efforts.

The letter was to reassure Mr. Mueller that WEPCO is obligated to provide long term mitigation.

In April 2009, a WEPCO representative visited the Mueller’s to check on the satellite TV operation and answer any questions on the terms of the service provided by WEPCO.

On July 19, 2009, WEPCO provided Mr. Mueller with a weather radio.

In August 2009, Mr. Mueller voiced a complaint over the reception with his weather radio and the Sony HD radio provided by WEPCO.

As a result, WEPCO provided Mr. Mueller a replacement weather radio. The new unit improved reception and provided additional features.

On September 8, 2009, a Sangean HD radio tuner was installed on the Mueller’s home stereo system and was connected to their roof-mounted antenna to determine if they received better reception than with the Sony unit.

The Muellers indicated that the reception was an improvement, but fell short of the pre-turbine reception conditions.

The Muellers suggested that satellite radio service be considered if other options were unsuccessful.

On February 9, 2010, a Sirius satellite radio system was installed at the Muellers. The Muellers were provided the Starmate 5 radio and car kit, the SUBX2 boombox, a 50 foot antenna extension, and credit for 12 months of Sirius’ “Pick 50” programming.

On March 11, 2010, Mrs. Mueller contacted WEPCO because she was upset about the credit structure for the Sirius radio solution.

She did not want to be responsible for monthly payments to Sirius after receiving a check for the year of service upfront.

WEPCO agreed to address her concern when finalizing the terms of the satellite radio mitigation program.

In July 2010, a revised radio service agreement was sent to the Muellers.

Additionally, a WEPCO representative notified Mr. Mueller by voicemail of its purpose and that he should call
if he had any questions or concerns.

On August 6, 2010, Mr. Mueller contacted the WEPCO representative and indicated that he would not sign the agreement because he believed that we had changed language in prior contracts such as the turbine maximum noise levels.

The WEPCO representative reiterated that the letter was solely intended for clarification and documentation of the terms.

Mr. Mueller indicated that he understood WEPCO would require that he return the Sirius equipment in the
event he moved from the area or if a better solution became available.

WEPCO also explained the intended plans to transfer to a “lifetime” account structure.

The WEPCO representative also stated that the new account would address Mrs. Mueller’s previous concerns of monthly payment responsibilities by requiring a one time payment by WEPCO to Sirus for the extended “lifetime” service. Furthermore, WEPCO indicated the new account would provide more Sirius programming than the “Pick 50” package.

Currently the Muellers are being provided DISH Network satellite TV service with America’s Family Plan (a 55 channel package) and Green Bay local channel programming at WEPCO’s expense.

The Muellers are also being provided Sirius satellite radio service with the “Pick 50” programming package, a high gain UHF antenna and amplifier system, a SONY HD radio, a Sangean HD radio Tuner and a weather radio.

Town of Marshfield Committee

Mr. Mueller has participated as a member of the Town of Marshfield Wind Turbine Committee.

During the committee meetings, Mr. Mueller raised concerns about only being able to obtain the local channels through DISH after the initial promotional programming package ended for new DISH subscribers.

After discussion with the Town of Marshfield committee on wind turbines, in November 2009, WEPCO offered to upgrade the package for all those receiving DISH service from WEPCO from the local channel only package to the “family package.”

The rationale for this was that before the project went operational some affected residents were able to receive programming from Green Bay and Milwaukee. In addition to this, people could also pick up over-the-air digital channels.

Since the DISH subscription allowed for only one local area programming (Green Bay) due to FCC rules, it was concluded adding the “family package” was a reasonable mitigation measure.

At a Town of Marshfield Committee on Wind Turbines meeting in late 2009, Mr. Mueller suggested that we offer satellite radio in cases where people have severe radio reception issues even with an HD radio.

WEPCO looked into this service and agreed to try the service at two residences. After a trial period, the residents felt that this was a good service that could provide the variety of programming that they would otherwise receive off-air, and in many cases they would be receiving additional programming via the satellite service.

It was discussed and acknowledged that local channels are not available over satellite radio; however, the additional programming was seen as a benefit. The HD radio could still be utilized for the local programming.

Customers receiving satellite radio service were initially provided the Pick 50 Channel programming package. We have since determined it is more cost effective to pay for an equipment lifetime subscription to Sirius Satellite Radio, which provides significantly more program options. We are preparing to convert accounts from Pick 50 to the lifetime subscriptions.

Sound

Mr. Mueller has raised concerns regarding [wind turbine] sound levels.

WEPCO personnel have discussed this with Mr. Mueller on numerous occasions and have provided the sound study for his review.

Mr. Mueller has also indicated that he believes there was a change in the language from the original JDA and what was submitted to the PSCW during permitting.

The sound standard has remained unchanged since the original JDA was signed Nov. 3, 2003. The WEPCO application for the CPCN contained the original JDA as Appendix C. The document Mr. Mueller is
apparently confusing this with is the Feb. 6, 2007 CPCN Order issued by the PSCW approving the project and referencing the noise standard under the JDA.

Answered By: Paul Farron
Date: September 3, 2010

PSC Data Request Response Blue Sky Green Field Wind Project 6630-CE-294 

11.02.It has come to the attention of [the Public Service] Commission staff that WEPCO has recently begun sending “Radio Mitigation Agreements” to residents who experienced radio interference problems, and to whom WEPCO had previously provided mitigation.

A sample agreement is attached.

Describe the company’s rationale in sending out the Radio Mitigation Agreements. Include a description of any other agreements that have or will be sent.

Response:

WEPCO utilizes Television and Radio Agreements with customers participating in our mitigation programs to ensure an understanding between both parties on what WEPCO is providing.

The television agreements are used to ensure that the customers know exactly what credit WEPCO applies to their account with DISH Network.

When a customer is signed up for DISH Network, WEPCO credits an account in their name for the equipment and services covered in our program for a two-year period. The two-year term was chosen to allow the Company to periodically evaluate the status of technical solutions available to provide mitigation.

The payment term was also established to monitor and account for changes of residency in the affected area.

Because DISH Network accounts are in the customers’ names, customers are able to upgrade programming and additional services as they choose.

However, if they add additional services and do not separately pay for these additional costs, the credit WEPCO applied is used by DISH Network to cover the additional costs.

We have had many instances where this has happened and the credit runs out before the two-year period is up.

To ensure customers understand what programming costs are covered by the WEPCO credit, we began re-visiting participants of the program in April 2009 and have them review and sign the Television Mitigation Service Agreement which explains the compensation provided by WEPCO.

In the unusual cases where people have refused to sign the agreement, we document the visit and note the service agreement terms were reviewed with them.

The Radio Service Agreement is similar to the Television Service Agreement. Since WEPCO is purchasing the programming package and radio equipment, the Company attempts to present a clear understanding that if a resident moves or no longer needs the service, the equipment must be returned to WEPCO for use with the next resident at this location or with another customer.

In July 2010, a signature page was sent to current satellite radio users. Unfortunately, the cover letter was omitted in the mailing, so a clear description of why the individuals received the signature page
was not provided.

Those five individuals who did not receive the complete information package are being contacted to fully explain the mailings.

Since WEPCO is committed to mitigating interference and is actively engaged in doing so, we want to make sure everyone is very clear on the terms and conditions associated with the use of our equipment.

The signature page merely spells out those terms and conditions to avoid misunderstandings in the future. Also see the response to PSC 10.02.
Answered By: Paul Farron
Date: September 3, 2010

PSC Data Request Response Blue Sky Green Field Wind Project 6630-CE-294

11.03. Describe WEPCO’s plans if landowners do not sign and return the agreements. Address specifically whether WEPCO intends to discontinue service if the agreements are not signed.

Response:

The agreements were developed to document the offerings and confirm the customers’ understanding of the terms. Not having a signature does not affect the proposed mitigation, but the goal is to make the customers aware of the extent of the offering.

Answered By: Paul Farron
Date: September 3, 2010

PSC Data Request Response Blue Sky Green Field Wind Project 6630-CE-294

11.04. Describe whether the radio mitigation agreement was discussed with the local committees established in the joint development agreements (JDA) with the towns of Calumet and Marshfield. If it was not, explain why not.

Response:

While the Joint Development Agreements between WEPCO and the Towns of Marshfield and Calumet did not contain provisions for the establishment of committees the Company has voluntarily participated in local efforts to solicit customer input on wind farm issues and provide mitigation as appropriate.

At a Town of Marshfield Committee on Wind Turbines meeting in late 2009, it was suggested that we offer satellite radio in cases where people have severe radio reception issues even with an HD radio.

WEPCO looked into this service and agreed to try the service at two residences. After a trial period, the residents felt that this was a good service that could provide the variety of programming that they would otherwise receive off-air, and in many cases they would be receiving additional programming via the satellite service.

It was discussed and acknowledged that local channels are not available over satellite radio; however, the additional programming was seen as a benefit. The HD radio could still be utilized for the local programming.

The radio service agreement was not discussed with the Committee; however, it was stated that we would put together guidelines and a verification process for the program.

At several meetings the Committee was asked for their input regarding the guidelines. The only discussion point raised and agreed upon was that there would need to be some level of verification.

The Committee has not met since the agreements were mailed but WEPCO plans to participate in Committee meetings as scheduled by the municipalities. Also see the response to PSC 10.02.
Answered By: Paul Farron
Date: September 3, 2010

PSC Data Request Response Blue Sky Green Field Wind Project 6630-CE-294

11.05. The third paragraph of the attached sample agreement states that “We Energies has the right to modify or terminate the satellite radio contract,” “at the sole discretion of We Energies.”

At the end of the letter, “12 months of Pick 50 programming” is listed as an item provided to the landowner. Viewed together, these statements could be interpreted to mean that WEPCO intends to discontinue satellite radio at the end of the current 12-month period, about November 2, 2010.

Additionally, comments received in the Wind Siting Rules proceeding (1-AC-231) state that WEPCO has reduced the quantity of channels available in the satellite television packages provided to residents with television reception problems.

Discontinuing these services may not be consistent with the Commission’s decision in the Glacier Hills docket (6630-CE-302), nor with the draft Wind Siting Rules, where mitigation measures are specifically required to be made permanent.

Describe WEPCO’s short- and long-term strategies for managing mitigation of reception problems caused by the project. If the strategies include discontinuation or scaling back of services provided to residents, describe the rationale for these reductions in service.

Include a discussion of any reductions in service that have already been implemented. Do not limit the discussion of reductions in service to those that have already been implemented to interference mitigation.

Response:

It is appropriate to ask for clarification when and where assumptions or interpretations can be made.

Regarding radio and television reception, WEPCO’s long range objective is to restore the customer level of programming that existed before the Blue Sky Green Field project was constructed.

In the meantime, the Company is providing mitigation that comes as close as possible to this objective.

As reception and programming improvements become available the Company will transition as permitted within existing contracts.

The Customers receiving satellite radio service were initially provided a Pick 50 Channel programming package for a contract period of a year.

We have since determined it is more cost-effective to pay for an equipment lifetime subscription, rather than annual commitments for Sirius Satellite Radio.

This option is more attractive even if other alternatives such as improved antenna performance become available. An added feature of this new subscription is significantly more programming options to our customers.

The Company is in the process of converting accounts from Pick 50 to the lifetime subscriptions. Also see the response to PSC 10.02.
Answered By: Paul Farron
Date: September 3, 2010