Wis. Admin. Code Public Service Commission PSC 128.01

Current through October 28, 2024

Section PSC 128.01 - Definitions

In this chapter:

(1) "Commercial communications" includes communications used by government and military entities for emergency purposes, licensed amateur radio service, and non-emergency communications used by agricultural, business, government, and military entities including aviation radar, commercial mobile radio service, fixed wireless service, global positioning, line-of-sight, microwave, personal communications service, weather radar, and wireless internet service.

(2) "Commission" means the public service commission.

(4) "Decommissioning" means removal of all of the following:

(a) The above ground portion of a wind energy system, including wind turbines and related facilities, except for access roads if removal has been waived by the property owner.

(b) All below ground facilities, except the following:

1. Underground collector circuit facilities.

2. Those portions of concrete structures 4 feet or more below grade.

(5) "DNR" means the Wisconsin department of natural resources.

(6) "Maximum blade tip height" means the nominal hub height plus the nominal blade length of a wind turbine, as listed in the wind turbine specifications provided by the wind turbine manufacturer. If not listed in the wind turbine specifications, "maximum blade tip height" means the actual hub height plus the blade length.

(7) "Nameplate capacity" means the nominal generating capacity of a wind energy system, as listed in the wind turbine specifications provided by the wind turbine manufacturer.

(8) "Nonparticipating property" means real property that is not a participating property.

(9) "Nonparticipating residence" means a residence located on nonparticipating property.

(10) "Occupied community building" means a school, church or similar place of worship, daycare facility or public library.

(12) "Owner" means:

(a) A person with a direct ownership interest in a wind energy system, regardless of whether the person was involved in acquiring the necessary rights, permits and approvals or otherwise planning for the construction and operation of a wind energy system.

(b) At the time a wind energy system is being developed, a person who is acting as a wind energy system developer by acquiring the necessary rights, permits and approvals for or by planning for the construction and operation of a wind energy system, regardless of whether the person will own or operate the wind energy system.

(13) "Participating property" means any of the following:

(a) A turbine host property.

(b) Real property that is the subject of an agreement that does all of the following:

1. Provides for the payment of monetary compensation to the landowner from an owner regardless of whether any part of a wind energy system is constructed on the property.

2. Specifies in writing any waiver of a requirement or right under this chapter and that the landowner's acceptance of payment establishes the landowner's property as a participating property.

(14) "Participating residence" means a residence located on participating property.

(15) "Personal communications" includes wireless telecommunications, personal communications service, radio, television, wireless internet service, and other systems used for personal use purposes.

(16) "Political subdivision" has the meaning given in s. 66.0401(1e) (c), Stats.

(17) "Residence" means an occupied primary or secondary personal residence including a manufactured home as defined in s. 101.91(2), Stats., a hospital, community-based residential facility, residential care apartment complex or similar facility, or a nursing home. "Residence" includes a temporarily unoccupied primary or secondary personal residence. "Residence" does not include any of the following:

(a) A recreational vehicle as defined in s. 340.01(48r), Stats., notwithstanding the length of the vehicle.

(b) A camping trailer as defined in s. 340.01(6m), Stats.

(c) A permanently abandoned personal residence.

(19) "Shadow flicker" means a pattern of moving shadows cast on a residence or an occupied community building caused by sunlight shining through moving wind turbine blades resulting in alternating changes in light intensity.

(20) "Small wind energy system" means a wind energy system that has a total installed nameplate capacity of 300 kilowatts or less and that consists of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts.

(21) "Turbine host property" means real property on which at least one wind turbine is located.

(22) "Wind access easement" means a written document that creates a legal interest in real property that restricts the use of the property to avoid interference with the wind resource on another property.

(23) "Wind energy system" has the meaning given in s. 66.0403(1) (m), Stats., and is used to convert wind energy to electrical energy.

(24) "Wind energy system easement" means a written document that creates a legal interest in real property that permits an owner to place, construct or operate a wind turbine or other wind energy system facility on the property.

(25) "Wind energy system emergency" means a condition or situation at a wind energy system that presents a significant threat of physical danger to human life or a significant threat to property or a natural event that causes damage to wind energy system facilities.

(26) "Wind energy system facility" means 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.

(27) "Wind energy system lease" means a written agreement between a landowner and an owner that establishes the terms and conditions associated with the placement, construction or operation of a wind turbine or other wind energy system facility on a landowner's property.

Wis. Admin. Code Public Service Commission PSC 128.01

CR 10-057: CR Register February 2011 No. 662, eff. 3-1-11.