Wisconsin Court Rules $250M Wind Farm Development May Proceed

By Joe Grundle

A Chicago wind farm developer can build a $250 million wind farm near the Horicon Marsh, the Wisconsin 2nd District Court of Appeals ruled July 25.

A three-judge panel affirmed Dodge County Circuit Court Judge John Storck’s ruling that the Public Service Commission of Wisconsin correctly issued a certificate of public convenience and necessity to Invenergy Wind LLC of Chicago in 2005 for a 200-megawatt wind farm called Forward Energy Center that could sport up to 133 turbines. The wind farm will be the largest in the state.

“The judges made it pretty clear that the PSC had done a thorough job and has the right to make these decisions and saw no reason for the courts to intervene,” said Kevin Smith, senior vice president of development for Invenergy, which has proceeded with construction. Brownsville-based Michels Corp. has started on-site road work, and Smith said the first commercially viable turbines could be ready by early 2008.

Forward Energy Center will be located on 50 square miles in northeastern Dodge and southern Fond du Lac counties. The power generated – enough to provide electricity to 72,000 homes – will be sold to four Wisconsin utilities (Madison Gas and Electric, Wisconsin Public Power Inc., Wisconsin Public Service Corp. and Alliant Energy) to help them meet a state-mandated 10 percent renewable energy requirement by 2015.

Horicon Marsh Systems Advocates, a local organization dedicated to protecting the marsh, sued the PSC in 2005 for approving the wind farm that it claims will kill many migrating birds that rest in the wetlands in spring and fall.

“We were disappointed (with the court’s decision) but not surprised,” said Curt Kindschuh, public relations officer for HMSA. “It seemed all the way through the governmental process, the developer got everything it wanted.”

Kindschuh said HMSA was reviewing its legal options, which include petitioning the state Supreme Court, appealing the state court of appeals decision in federal court or simply dropping the suit. However, he indicated the first option was unlikely due to bonding costs.

‘Environmentally sound’

Even if HMSA opts to end its legal battle, Kindschuh said the organization would still be around to monitor the project and alert the authorities about dead migratory birds, which could result in large state or federal fines for both Invenergy and landowners hosting the turbines.

The PSC estimated each turbine’s kill count at two to 10 birds per year, meaning several hundred birds at Forward Energy Center could die yearly. But Smith said that pales in comparison to the thousands of birds killed by other human activities such as hunting, driving, transmission lines and buildings.

“One stray cat can kill 200 birds per year,” Smith said. “There are much larger risks to birds than our turbines, which will be two miles away (from the marsh) and not have any substantial effect on bird population.”

The PSC required Invenergy to erect the turbines at least two miles from the 14-mile long marsh, but HMSA argued that was still too close, preferring a five-mile buffer. Invenergy has insisted that moving the turbines to a site any further away would lessen optimum wind conditions and make the project unprofitable.

Kindschuh believes once Invenergy completes its first phase of construction, it will ask the PSC to permit more turbines as close as 1.2 miles away from the marsh. Smith said Invenergy would abide by whatever limits the PSC set.

“Modern wind turbines have proven to be pretty safe around wildlife, and both the National Audubon Society and Sierra Club fully support wind power,” Smith said. “We are providing an environmentally sound project.”

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