Legalectric

Turns out a landowner couple have been complaining about noise since March 9, 2020, and this Thursday it is coming up before the Public Utilities Commission. I read through some filings and got OH-SO-PISSED-OFF! Better pissed off than pissed on… and filed this:

THE PUBLIC UTILITIES COMMISSION WAS WARNED! THEY HAD ACTUAL AND CONSTRUCTIVE NOTICE THAT NOISE IS A PROBLEM, AND ACCEPTED GI/GO “MODELING” AND PERMITTED THE PROJECT.

Here’s a letter summarizing the landowners complaint:

This above complaint was dated September 25, 2020, but was not filed in the PUC’s eDockets until January 12, 2021.

They made their first complaint March 9, 2020, and there were other complaints March 17 and 24, and April 2 and 14, 2020, regarding turbines 11, 28, 31, 41, 42, 43, 45, 83, 84, 85 and 86.

Complaints made were reported in the monthly permit-required “Complaint” compliance filing as “pending,” with repeated complaints not disclosed. Thursday’s agenda item deals only with the Weverka noise complaint and turbine 90, and does not address the multiple complaints of March 17 and 24, and April 2 and 14, 2020, regarding turbines 11, 28, 31, 41, 42, 43, 45, 83, 84, 85 and 86.

The time-frame of Weverka noise complaints and actions by Xcel are listed here — pay particular attention to the dates, and note it’s XCEL hiring the consultants for the noise monitoring, not Commerce as occurred for the Bent Tree noise complaints:

DoC-EERA notes that:

… and Commission staff repeats this statement in the Staff Briefing Papers (p. 6):

… to which I can only say, DOH!

Doc-EERA recommends this be addressed regarding Turbine 90 only, when a more logical response would be to look at the entire project and compare monitoring results with the pre-construction noise modeling DONE AT THE IMPROPER 0.7 GROUND FACTOR! DOH! and DOUBLE DOH!

Post-construction noise modeling of the project “was completed during the summer of 2020,” but it’s not been filed yet, as of January 14, 2021. WHAT?!?! How long does it take to print out the results, write up a summary, and file it?

And what’s this Xcel July 9, 2020 noise report that was filed on 11/13/2021?

And this November 23, 2020 “Xcel Response to Noise Complaint” that also was not filed until 1/13/2021:

Here’s the initial Noise Modeling from the Application, Appendix A:

Here’s an “updated” Noise Modeling – REDACTED, dated December 2016, filed June 2020:

I really don’t have the time to dig into this, but it’s clear they’re hiding info, that the complaints are legitimate, that there are noise exceedences, and that the Commission knew the noise modeling was off, garbage in, garbage out. The Commission also knew that the setbacks were not adequate, because setbacks at Bent Tree, with smaller turbines, less noise turbines, were not adequate, and there were noise exceedences at 1,150 feet at Hagen’s home and 1,525 at Langrud’s home. They’re “resolving” this in secret, with back and forths between Xcel and Commerce-EERA without involvement of the landowners. THE LANDOWNERS ARE NOT EVEN ON THE SERVICE LIST!

THERE IS NO EXCUSE, NO EXCUSE FOR THIS!

We know who you are, and we saw what you did… and didn’t!

No surprise.  Today the Minnesota Public Utilities Commission rejected Goodhue Wind Truth’s Petition for Reconsideration of the Commission’s denial of our Petition for Rulemaking.  Rules, who needs rules… about 2,500 MW of wind has been sited in Minnesota WITHOUT LARGE WIND SPECIFIC SITING RULES AND/OR STANDARDS!  Really!  And the Commission doesn’t seem to regard that as a problem.  Large wind is sited using SMALL WIND/COUNTY SITING STANDARDS, not intended for large wind.  And the Commission doesn’t seem to regard that as a problem.  Large wind is sited using MPCA’s industrial noise standards which were admittedly NOT designed with wind in mind.  And the Commission doesn’t seem to regard that as a problem.  Large wind is sited using a Commerce boilerplate site permit with 1,000 foot setbacks and staff has no idea where that 1,000 foot setback came from (it’s contrary to even the small wind standards, and there’s no rule or standard of 1,000 ft!).  And the Commission doesn’t seem to regard that as a problem.

GWT_Reconsideration_FINAL

Here’s the rest of the background information:

Wisconsin Power and Light, owner/operator of the Bent Tree Wind project is under the Alliant Energy corporate umbrella.  Recently, Wisconsin Power & Light filed a response to the noise study for its Bent Tree wind project:

WPL_StudyResponse_201710-136370-01

In this response, well, it’s not wind turbine noise, it’s the birds! It’s the rustling leaves!

Here’s the noise study, in case you missed it:

Bent Tree_Noise Monitoring_20179-135856-01

Here are Comments filed on behalf of Association of Freeborn County Landowners:

Association of Freeborn CountyLandowners_Petition & Initial Comments – Filed July 6, 2017

Association of Freeborn County Landowners — Add to Service List

Process Issue – Timing of Request for Contested Case

Reply CommentsCompleteness – Association of Freeborn County Landowners

More interesting filings today, these from the Black Oak Getty wind project, the construction plans, and a new noise report.  There are also “Environmental Supplements” and other new filings.  You can find them all at the PUC’s site — go to SEARCH and search for eDockets 10-1240 or 11-831.

Here are the filings of the Construction Plans:

20162-118362-01_Part 1

20162-118362-03_Part 2

20162-118362-05_Part 3

20162-118362-07_Part 4

20162-118362-09_Part 5

20162-118362-11_Part 6

20162-118362-13_Part 7

I’ve separated out the noise report to make it easier to send around:

Noise Technical Report_ Black Oak Getty Wind Project

And for reference, here are the Minnesota Noise Rules, found in Minn. R. Ch. 7030 — we’re long overdue for a rulemaking for Noise Rules specifically regulating wind noise:

7030.0010	INCORPORATION BY REFERENCE.
7030.0020	DEFINITIONS.
7030.0030	NOISE CONTROL REQUIREMENT.
7030.0040	NOISE STANDARDS.
7030.0050	NOISE AREA CLASSIFICATION.
7030.0060	MEASUREMENT METHODOLOGY.
7030.0070	SOUND ATTENUATION MEASUREMENT METHODOLOGY.
7030.0080	VARIANCE.