Section PSC 128.02 - Applicability(1) POLITICAL SUBDIVISION APPLICATIONS. (a) Except as provided in par. (b), this chapter applies to a political subdivision's review of a proposed wind energy system or regulation of a wind energy system under s. 66.0401, Stats.(b) This chapter does not apply to any of the following:1. A wind energy system for which construction began before March 1, 2011.2. A wind energy system placed in operation before March 1, 2011.3. A wind energy system approved by a political subdivision before March 1, 2011.4. A wind energy system proposed by an owner in an application filed with a political subdivision before the March 1, 2011.(c) Notwithstanding par. (b) 4., if an owner withdraws an application for a proposed wind energy system that is filed with a political subdivision before March 1, 2011, this chapter applies to the wind energy system if the owner re-files the application with the political subdivision on or after March 1, 2011.(3) COMMISSION APPLICATIONS. The commission shall consider whether the installation or use of a wind energy system is consistent with the standards specified in this chapter when reviewing an application under s. 196.491(3) (d), Stats., filed on or after March 1, 2011.(4) INDIVIDUAL CONSIDERATION. Nothing in this chapter shall preclude the commission from giving individual consideration to exceptional or unusual situations and applying requirements to an individual wind energy system that may be lesser, greater, or different from those provided in this chapter.Wis. Admin. Code Public Service Commission PSC 128.02
CR 10-057: CR Register February 2011 No. 662, eff. 3-1-11.