North Dakota Public Service Commission www.psc.nd.gov 701-328-2400 - PowerPoint PPT Presentation

North Dakota Public Service Commission www.psc.nd.gov 701-328-2400 Annette Bendish abendish@nd.gov 701-425-6655

� Authority – Energy Conversion and Transmission Facility Siting Act – North Dakota Century Code chapter 49-22 � Rules – North Dakota Administrative Code Chapter 69-06

� Leasing � Costs � Wind rights � Site Meteorological (MET) Towers � Legal advice

“The legislative assembly finds that the construction of energy conversion facilities and transmission facilities affects the environment and the welfare of the citizens of this state. Therefore, it is necessary to ensure that the location, construction, and operation of energy conversion facilities and transmission facilities will produce minimal adverse effects on the environment and upon the welfare of citizens of this state by providing that no energy conversion facility or transmission facility shall be located, constructed, and operated within this state without a certificate of site compatibility or a route permit acquired pursuant to this chapter. The legislative assembly hereby declares it to be the policy of this state to site energy conversion facilities and to route transmission facility in an orderly manner compatible with environmental preservation and the efficient use of resources. In accordance with this policy, sites and routes shall be chosen which minimize adverse human and environmental impact while ensuring continuing system reliability and integrity and ensuring that energy needs are met and fulfilled in an orderly and timely fashion. N.D. Cent. Code § 49-22-02 (1975).

� Generation of 60 megawatts or more of electricity � Manufacture or refinement of one hundred million cubic feet or more of gas per day, regardless of the end use of the gas � Manufacture or refinement of fifty thousand barrels or more of liquid hydrocarbon products per day � Enrichment of uranium materials N.D. Cent. Code § 49-22-03(5) (2009)

Overall Diameter Incl. Hub: 252 ft A Boeing 747 has a wingspan of 210 ft 262 ft 242 ft

Blade Hub Nacelle Tower Access Pad mount road transformer Photo Source: Langdon Wind Energy Center PSC Application, Figure 8 by Tetra Tech EC, Inc.

Commission Letter Findings of Public Commission Fact, of Application hearing work session Conclusions intent of Law, and Order Preconstruction meeting Public Input Post construction inspection

� Zoning restrictions � Use permits � Building permits

� Exclusion areas � Avoidance areas � Selection criteria � Policy criteria

N.D. Admin. Code §69-06-08-01(1) (2006) a. Designated or registered national: d. Prime farmland and unique � � farmland, as defined by the land parks; memorial parks; historic sites inventory and monitoring division of and landmarks; natural landmarks; the soil conservation service, United historic districts; monuments; States department of agriculture, in 7 wilderness areas; wildlife areas; wild, C.F.R. part 657; provided, however, that if the commission finds that the scenic, or recreational rivers; wildlife prime farmland and unique farmland refuges; and grasslands. that will be removed from use for the b. Designated or registered state: life of the facility is of such small � acreage as to be of negligible impact parks; forests; forest management on agricultural productions, such lands; historic sites; monuments; exclusion shall not apply. historical markers; archaeological e. Irrigated land. � sites; grasslands; wild, scenic, or f. Areas critical to the life stages of � recreational rivers; game refuges; threatened or endangered animal or game management areas; plant species. management areas; and nature g. Areas where animal or plant � species that are unique or rare to this preserves. state would be irreversibly damaged. c. County parks and recreational � areas; municipal parks; parks owned or administered by other governmental subdivisions; hardwood draws; and enrolled woodlands.

N.D. Admin. Code §69-06-08-01(2) (2006) � a. Historical resources � d. Areas that are which are not geologically unstable. designated as � e. Woodlands and exclusion areas. wetlands. � b. Areas within the city � f. Areas of recreational limits of a city or the significance which are boundaries of a not designated as military installation. exclusion areas. � c. Areas within known floodplains as defined by the geographical boundaries of the hundred-year flood.

N.D. Admin. Code §69-06-08-01(3) (2006) a. The impact upon agriculture: c. The impact upon: � � (1) Agricultural production. ◦ (1) Local institutions. ◦ (2) Family farms and ranches. ◦ (2) Noise-sensitive land uses. ◦ (3) Land which the owner demonstrates has ◦ (3) Rural residences and businesses. ◦ soil, topography, drainage, and an available water supply that cause the land to be (4) Aquifers. ◦ economically suitable for irrigation. (5) Human health and safety. ◦ (4) Surface drainage patterns and ground ◦ (6) Animal health and safety. ◦ water flow patterns. (7) Plant life. ◦ (5) The agricultural quality of the cropland. ◦ (8) Temporary and permanent ◦ b. The impact upon the availability and adequacy � housing. of: (9) Temporary and permanent skilled ◦ (1) Law enforcement. ◦ and unskilled labor. (2) School systems and education programs. ◦ d. The cumulative effects of the (3) Governmental services and facilities. ◦ � location of the facility in relation to (4) General and mental health care facilities. ◦ existing and planned facilities and (5) Recreational programs and facilities. ◦ other industrial development. (6) Transportation facilities and networks. ◦ (7) Retail service facilities. ◦ (8) Utility services. ◦

N.D. Admin. Code §69-06-08-01(4) (2006) � g. Economies of construction and � a. Recycling of the conversion operation. byproducts and effluents. � h. Secondary uses of appropriate � b. Energy conservation through associated facilities for recreation location, process, and design. and the enhancement of wildlife. � c. Training and utilization of � i. Use of citizen coordinating available labor in this state for committees. the general and specialized � j. A commitment of a portion of skills required. the energy produced for use in � d. Use of a primary energy this state. source or raw material located � k. Labor relations. within the state. � l. The coordination of facilities. � e. Nonrelocation of residents. � m. Monitoring of impacts. � f. The dedication of an area adjacent to the facility to land uses such as recreation, agriculture, or wildlife management.

Department of Transportation � Highway Patrol � Department of Health � Game and Fish � Historical Society � Geological Survey � Parks and Recreation � Department of Agriculture � Land Department � Others �

� National Environmental Policy Act (NEPA) Environmental Assessment if there is a federal nexus � U.S. Fish and Wildlife Service � Federal Aviation Administration – lighting if towers are tall enough � National Park Service � Natural Resource Conservation Service � Environmental Protection Agency � U.S. Army Corps of Engineers

� Setbacks ◦ Occupied residences and other buildings ◦ Roads ◦ Existing transmission lines ◦ Railroads ◦ Property boundaries ◦ Others � Aviation issues ◦ Radar ◦ Crop spraying � Noise � Shadow Flicker

� Definition of wind generation � Is a public hearing required? � Noise from turbines (dB level) � Shadow flicker � Appearance - height, color, lighting, ground clearance � Access roads and road repair � Tree removal and land restoration � Transmission collection lines � Setbacks � Reverse setbacks � Decommissioning � Insurance requirements this is not an exhaustive list �

� An electric transmission line and associated facilities with a design in excess of 115kV � A gas or liquid transmission line and associated facilities designed for or capable of transporting coal, gas, liquid hydrocarbons, liquid hydrocarbon products, or carbon dioxide N.D. Cent. Code § 49-22-03(12) (2009)

� Exclusion areas � Avoidance areas � Selection criteria � Policy criteria

N.D. Admin. Code §69-06-08-02(1) (2006) � a. Designated or registered national: parks; memorial parks; historic sites and landmarks; natural landmarks; monuments; and wilderness areas. � b. Designated or registered state: parks; historic sites; monuments; historical markers; archaeological sites; and nature preserves. � c. County parks and recreational areas; municipal parks; and parks owned or administered by other governmental subdivisions. � d. Areas critical to the life stages of threatened or endangered animal or plant species. � e. Areas where animal or plant species that are unique or rare to this state would be irreversibly damaged.