Editor's note: In general, Windaction.org finds the standards and setback recommendations as ordered by the MN PUC to be minimal particularly in light of the noise problems at the Mars Hill wind facility in Mars Hill, ME. Further, it does not appear the PUC considered setback requirements necessary to protect the public from equipment failure. These photos (Photo1, Photo2, Photo3) show catastrophic equipment failure at the wind energy facility near Lake Wilson, MN in September and November 2006.
In its ruling, it appears the MN PUC took pains to protect the rights of non-participating landowners particularly in regard to the "wind access buffer setback".
MN PUC ORDER (Excerpt):
After careful consideration, the Commission herein adopts the attached "General Wind Turbine Permit Setbacks and Standards for LWECS Facilities Permitted by Counties Pursuant to Minnesota Statute 216F.08." Exhibit A. These standards and setbacks maintain most of the Commission's established LWECS permit standards and setbacks which have been in effect for the last twelve years, with the relatively minor changes set forth below. (Note: LWECS refers to "large wind energy conversion systems")
A. Wetland Setbacks
The Minnesota Department of Natural Resources (DNR) initially recommended that the Commission establish a 1000 foot turbine setback from all wetlands, streams, rivers and lakes listed in the state Public Waters Inventory and those listed on the National Wetlands Inventory. The DNR submitted a letter on December 7 which supported deferring action on the wetland setback issue to provide time to further explore the issue.
The DNR's proposal with respect to wetlands would encompass a large and significant change from the Commission's existing standards, which prohibit placement of wind turbines in wetlands, but require no setbacks from wetlands. Were the Commission to adopt this proposal, it would exclude significant amounts of land from future wind development. As the DNR has agreed to defer the issue pending further factual development, the Commission will retain its current practice of prohibiting placement of wind turbines in wetlands, but requiring no setback from them, as an interim standard.
Having determined that the Commission cannot act on the DNR's recommendation unless and until there is further record development of this issue, the Commission will request the Energy Facility Permitting staff to investigate wetland setback issues with stakeholders and develop recommendations for future Commission consideration.
B. Wind Access Buffer Setback
Seventeen C-BED participants and advocates filed comments on setback issues. They asserted that the wind access buffer setback historically applied by the Commission to protect the wind rights of landowners adjacent to, but not participating in, the permitted project is overly conservative and does not economically or efficiently utilize state wind resources. The C-BED advocates requested a reduction of the wind access buffer to a distance of two rotor diameters on the cross wind axis and four rotor diameters on the predominant axis.
The DNR requested that the Commission require the same three rotor diameter by five rotor diameter wind access buffer setback to publicly owned conservation lands, such as state wildlife management areas.
Another commentor, PPM Energy, supported the current wind access buffer setbacks, considering the prevailing wind directions in Minnesota and the wake effects, or turbulence, between wind turbines.
The Energy Facility Permitting staff informed the Commission that their own experience, as well as information from experts and practitioners in the field of wind turbine siting, has consistently affirmed that wind turbines be spaced at least four rotor diameters and up to twelve rotor diameters apart on the predominant wind axis to minimize the effects of wind turbine induced turbulence downwind.
Therefore, the Commission will maintain its current setbacks of three rotor diameters on the secondary wind axis and five rotor diameters on the predominant axis. This buffer setback has been shown to protect wind rights and future development options of adjacent rights owners. At the request of the DNR, the Commission will also apply this same setback to public lands.
1. Setbacks from Small Parcels
C-BED participants requested that the Commission eliminate the wind access buffer setback from non-participating property owners with land parcels less than fifteen acres in size.
The Commission declines to do so. Historically, the wind projects for which Commission review and permits have been granted have been composed of dozens of individual parcels of land and wind rights, totaling thousands of acres of land for each LWECS project. For these many years, permittees have been able to develop projects while applying the wind access setbacks from small, non-participating landowners. After consideration, the Commission finds no rationale in statute or rule to treat one person's wind rights differently from another's.
2. Internal Turbine Spacing
C-BED advocates also requested that the Commission not regulate turbine spacing within an LWECS facility, nor require wake analyses prior to construction, claiming that these provide only
a snapshot of expected performance at a facility.
The Commission declines to implement this request. The purpose of the internal turbine spacing setback and requirement that wake loss studies be submitted is to ensure that LWECS projects permitted by the Commission are designed and sited in a manner that ensures efficient use of the wind resources, long term energy production, and reliability.
Maintaining the Commission's three rotor by five rotor dimension internal turbine spacing setback and requirement to submit wind wake loss studies is a reasonable means by which to accomplish these goals.
3. Setbacks from Roads and Recreational Trails
The DNR and Dakota County suggested increasing setbacks from public road rights-of-way to total turbine height; the DNR proposed applying the same setback from state trails and other recreational trails.
As amended, Minn. Stat. § 216F.081 allows counties to adopt more restrictive public road setback ordinances than the Commission's general permit standards. The amended statute also directs the Commission to take those more restrictive standards into consideration when permitting LWECS within such counties. Finally, the Commission or a county may require larger road setbacks on a case-by-case basis in situations where a greater setback is justified.
Here, maintaining the existing minimum 250 foot turbine setback from the edge of public road rights-of-ways continues to be reasonable. The purpose of the setback is to prevent ice from shedding off wind turbines onto public roads. No reports of ice shed from turbines being deposited onto public roads has come to the attention of state regulators, despite inquiries made to wind developers, maintenance technicians, and local government officials about the subject.
The Commission will therefore adopt a case-by-case approach to handling issues of this type where necessary and in the public interest. The Commission will adopt this same case-by-case approach to address setbacks from high volume roads that may be widened in future transportation expansion projects.
The Commission also concludes that setbacks should be developed and applied to state trails on a case-by-case basis. State trails, which are generally multi-use recreational trails, traverse a wide variety of terrains and landscapes across the state. Setbacks are primarily to enhance the aesthetic enjoyment of the trail user; however, the needs and desires of the owner of the property through which the trail runs must also be considered.
A case-by-case analysis is best suited in recognition of many types of permanent and temporary recreational trails situated across the state.
C. Miscellaneous Issues
Finally, comments and recommendations were offered on a variety of matters as set forth below. After review, the Commission finds that no changes to the Wind Siting Rules or General Permit Standards are necessary to address these issues.
Comments and recommendations were made concerning decommissioning and facility retrofit, urging review of permits if a permittee seeks to retrofit or otherwise modify the permitted facility. The Wind Siting Rules and Commission-issued LWECS permits have always required decommissioning plans nearly identical to the language recommended by the commentor. The Commission or counties have the ability to reassess and/or amend requirements for decommissioning plans as needed throughout the life of the LWECS facility permitted. Also, a facility retrofit or expansion would require Commission siting process review and site permit action, in accordance with Minn. Rules, Chapter 7836. These comments support the need to retain such requirements in the general wind permit standards.
The Southwest Regional Development Council offered comments on transportation issues related to transporting wind project equipment to the site, bridge and weight restrictions, local road permits required and construction related road damages. Issues such as these will continue to be handled by the governmental bodies controlling each road right-of-way, as set forth in Commission wind permit conditions. These comments support the need to retain such requirements in the general wind permit standards.
The Southwest Regional Development Council requested clarification on determination of project size. Minn. Stat. § 216F.011 provides a process and standards for the Commission and the Department of Commerce to use in making LWECS size determinations. Training materials and sessions will also be provided by the Department of Commerce Energy Facility Permitting staff.
Finally, the C-BED participants requested that permit costs for the site permit and any additional studies be capped at $1000.00. Costs associated with site permit processing by the Commission are governed by Minn. Rule, part 7836.1500, which establishes that permit applicants shall pay the actual costs in processing an application.
1. The Commission herein adopts the Large Wind Energy Conversion System General Wind Turbine Permit Setbacks and Standards proposed by the Department of Commerce Energy Facility Permitting staff, attached as Exhibit A. The general permit standards shall apply to large wind energy conversion system site permits issued by counties pursuant to Minn. Stat. 216F.08 and to permits issued by the Commission for LWECS with a combined nameplate capacity of less than 25,000 watts.
2. The Commission requests that the Department of Commerce Energy Facility Permitting staff further investigate wetland setback issues with stakeholders and develop recommendations for Commission consideration.
3. This Order shall become effective immediately.
BY ORDER OF THE COMMISSION
Burl W. Haar