Legalectric

We’re making slow but steady progress on the Bent Tree wind project’s noise problems.  Problem?  Yes, now we’ve got the THIRD study showing it’s exceeding noise allowed under MPCA noise rules.

The Complaints about the Bent Tree wind project have been ongoing for seven years.  In 2011, the post construction study showed violations:

20116-63863-01-1_Post-Construction_Part1

20116-63863-02_Post-Construction_Part2

But no one was paying any attention… so finally, after many complaints, the Public Utilities Commission ordered Dept. of Commerce – EERA to do noise studies, and the results:

Bent Tree_Noise Monitoring and Noise Monitoring Report_Phase I_ _20179-135856-01

Bent Tree PostConstNoiseMonitoring Report Phase II Report+2+7+18

Oh, great, there we have it, it’s in violation of the noise permit condition, E III in the permit:

Just a couple weeks ago, Big Blue was at the Commission regarding noise violations, and it didn’t go well, because there must be a hearing before a permit can be suspended or revoked.  OK, fine, I can deal with that!  There was notice of a meeting to address the Bent Tree noise eFiled on Friday, and on Monday, we filed:

Motion_OrderShowCauseHearing_FINAL

And the Commission meeting was today. Here are the Staff Briefing Papers (20182-140514-01).

And Alliant/Wisconsin Power & Light’s response to the Phase 2 noise monitoring (their Reply to my Motion for Order to Show Cause and for Hearing isn’t due for a few more days):

Alliant_Response_NoisePhase2_20182-140419-01-1

Much wrangling at the Commission today. The video will be posted HERE in a week or two.

What did we get?  This is roughly it, but the specifics of the written order may vary, and that’ll take a week or two to be filed.

• Require Wisconsin Power and Light to Show Cause within 60 days of the Commission issuing a Show Cause Order why its Bent Tree Project site permit should not be suspended or revoked for non-compliance with ambient noise permit condition E III.
• Require Wisconsin Power and Light to continue to curtail the Bent Tree Wind Project turbines 362, 132 and 397, as outlined in their February 22, 2018 filing, until authorized by the Commission to terminate curtailment.
• Require EERA to review options for full project site noise monitoring and file preliminary options with the Commission no later than April 30, 2018.
• Require EERA to evaluate the WPL interim curtailment provisions, and file with the Commission a compliance filing by March 31, 2018 on whether the provisions put forth are sufficient to ensure compliance with the MPCA noise standards in light of the violations alleged in the Phase 2 Report.
• Wisconsin Power and Light will meet with Complainants as ordered no later than April 30, 2018 (we’re going back and forth scheduling that now).

An interesting wrap up by Commissioner Tuma, a close but not exact rendition:

“Please focus on what’s going on, not tear apart the study.  Find out what’s wrong.”

There were some odd things in the briefing papers, these two points in particular:

To be clear: COMPLAINTS WERE ABOUT AUDIBLE NOISE FROM THE FIRST COMPLAINT, AND THERE WERE ALSO COMPLAINTS ABOUT INFRASOUND. BUT THIS IS ABSOLUTELY ABOUT AUDIBLE NOISE, AND A REVIEW OF THE COMPLAINTS ON FILE WILL DEMONSTRATE THAT.

Re 1) above — that is framing for causation, and this is an administrative proceeding, causation is not at issue.  Just stop.

Re 2) above — there is no state regulation or level of low frequency noise… Ja, sure, but it ain’t for lack of trying.  I’ve filed two Petitions for Rulemaking to the PUC, both rejected.  I’ve filed another Petition for Rulemaking to the MPCA specifically regarding noise rules, and here’s what MPCA Commissioner Stine said (here’s pdf version Letter_StineMPCA_9-12-2016:

So what does it all mean?  Stay tuned…