[Below filing from the Public Service Commission of Wisconsin Docket 9300-WF-2023, by Ben Hoffman, October 3, 2023.]

Subject: Docket ID: 9300-WF-2023
Required Notices and Filings under Wis. Admin. Code ch. PSC 128 Related to Wind Siting for CY 2023 PSC REF # 480525

Uplands Wind LLC (Pattern Energy) submitted a 180 day Pre-Application Notice for the proposed Uplands Wind Project on September 27th 2023. The project, proposed to be located in the Wisconsin Counties of Iowa, Lafayette, and Grant, is a 600-megawatt (MW) wind energy facility requiring a Certificate of Public Convenience and Necessity (CPCN) under Wis. Stat. § 196.491 (3). Having proposed turbine heights greater than 600 feet, Pattern Energy is required to submit this Pre-Application Notice in order to comply with state law.

• –  Per Wis. Admin. Code PSC 128.01 (26), “Wind Energy System Facility” is defined as: “any component of a wind energy system, such as a wind turbine, collector circuit, access road, electric system interconnection facility or operation and maintenance facility.”
• –  Per Wis. Admin. Code PSC 128.105 (2) (b), the owner of a Wind Energy System is required to include “a map showing the planned location of all wind energy system facilities” with their 180 Day Pre-Application Notice.The map included in Pattern Energy’s 180 Day Pre-Application Notice (PSC REF # 480525) does not show the planned location of all wind energy system facilities, and therefore does not satisfy the legal requirements outlined in Wis. Admin. Code PSC 128.105 (2) (b). There are numerous omissions and inaccuracies on the map, but of particular importance:

1. 21 of the 145 “Wind Turbine Locations” on the map have no Collector Circuit lines, which means they are not connected to the overall project/grid.
   
2. At least 50-75% of the “Wind Turbine Locations” on the map have “Access Roads” that do not connect to any identifiable or named public road, which makes it impossible to identify what the access road connects to.
   
3. Up to 10 of the “Wind Turbine Locations” have no access roads identified at all.
   
4. The map is missing key road names that are necessary access points for the operation of the proposed Wind Energy System Facilities.
   
5. At least one (possibly two) of the “Wind Turbine Locations” on the map are located inside designated State of Wisconsin Wildlife Areas that cannot possibly be used for this project given that the land was purchased using State and Federal Stewardship funds that does not permit any type of industrial or commercial use of the land.

It is important to note that this is the second Pre-Application Notice filed for this project by Pattern Energy. On August 11th, 2023, Pattern Energy filed a Pre-Application Notice (PSC REF # 475068) that was embarrassingly incomplete. Fortunately, concerned citizens [Kurt, Zemlicka] recognized this and submitted correspondence to the PSC highlighting the obvious lack of detail in that original filing. It took Pattern Energy just 49 days to file their new/second Pre-Application Notice, which – as outlined above – is still incredibly incomplete and inaccurate.

It is also important to note that Pattern is not the first developer to navigate the approval process in our State. There are numerous other developers that have complied with state law by providing accurate and detailed maps of their proposed wind energy system facilities and were successful in their applications. These projects serve as templates, providing a reliable precedent for what a developer is required to provide during the approval process. It is alarming that Pattern Energy did not feel the need to utilize that information not just once, but twice, in their Pre-Application Notice filings.

The fact that Pattern Energy felt it was necessary to file a second Pre-Application Notice means they acknowledge their first filing did not satisfy state requirements. This second incomplete and inaccurate filing by Pattern Energy supports that this is no longer an “error” on their part as they navigate the approval process – especially since there are many successful wind project applications in our state that can be used as reference. At worst, Pattern’s filings are a blatant disregard for the law. At best, it shows their dishonest business practices and total disregard for the public as they attempt to push this project through. Given Pattern Energy’s track record of submitting incomplete and inaccurate filings, additional scrutiny by state officials and citizens is warranted when reviewing any additional filings by Pattern Energy related to this proposed project.

Due to both Pattern Energy’s Pre-Application Notices (PSC REF #480525 and #475068) omitting essential wind energy system facilities from their map, the 180-day time period prior to application should not commence until the map is updated and fully complies with Wis. Admin. Code PSC 128.105 (2) (b). Proceeding without this information deprives citizens and political subdivisions of their opportunity to defend their substantial interests – most importantly, their health and safety – and therefore deprives them of their due process rights.

Respectfully,

Ben Hoffman
Muskego, WI