Legislature Approves Small Wind Siting Reform Legislation

After two legislative sessions and more than 12 months of effort, Wisconsin now has a statewide standardized process to site small wind farm projects, boosting the state’s efforts to increase renewable energy sources. Senate Bill 185 became 2009 Wisconsin Act 40 when Governor Jim Doyle signed the measure into law on September 30 at a ceremony in Milwaukee.

“With our resources and strategic location, we have a tremendous opportunity to become a worldwide leader in wind energy,” Governor Doyle said. “This bill is a clear statement to the wind industry that Wisconsin is open for business and will create more jobs for hardworking Wisconsin families.”

MEUW, along with dozens of other organizations and companies met with legislators and staff over the course of more than a year to craft the legislation. The authors of the bill, Senator Jeff Plale (D-So. Milwaukee) and Rep. Jim Soletski (D-Green Bay), were instrumental in bringing together diverse interests.

“Too many wind projects have been the victims of delay tactics and other obstructions,” said Plale, Chair of the Senate Committee on Commerce, Utilities, Energy, and Rail. “With this legislation, Wisconsin will attract new investment to our state while supporting state energy policy.

The legislation accomplishes an integral recommendation of the Governor’s Task Force on Global Warming. The bill requires the Public Service Commission to establish uniform standards regulating the construction and operation of wind energy systems. It allows proposed wind energy systems that are one megawatt or larger to appeal decisions by local authorities with the PSC.

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APPA Washington Report
Three on One
by Robert Varela, Editor, Public Power Weekly

In September, all three branches of the federal government—administrative, legislative and judicial—got into the act on climate change.

In Congress, Senate Democrats unveiled a draft of their climate change bill. The 821-page draft released by Environment and Public Works Committee Chair Barbara Boxer, D-Calif., and Foreign Relations Committee Chairman John Kerry, D-Mass., largely tracks the cap-and-trade bill passed by the House, H.R. 2454.

One notable difference is the Senate draft has a tougher emissions reduction target for 2020, 20% compared with 17% in the House-passed bill. Another is that the Senate added what Boxer characterized as a “soft” collar on the prices of carbon emission allowances. To control prices, the soft collar would rely on release of allowances from a reserve fund—to be administered by the Environmental Protection Agency—when auction allowance prices hit specified trigger levels.

Look for plenty of changes to the 851-page draft bill as it wends its way toward the Senate floor. The House bill went from a 630-page draft to 1,400 pages at the end. It looks like the Senate may have plenty of time to make changes, as most observers believe the legislation won’t make it to the floor until 2010. 2011 isn’t out of the realm of possibility since Congress doesn’t like to vote on controversial legislation in an election year.

On the same day that the Senate unveiled its climate change bill, the Environmental Protection Agency issued a proposed rule to use its existing Clean Air Act authority to target facilities that emit at least 25,000 tons of carbon (or other greenhouse gases) a year. When constructed or significantly modified, such facilities would have to obtain permits requiring the use of best available control technologies and energy efficiency measures to minimize their greenhouse gas emissions.

The proposed “tailoring” rule is actually intended to limit the reach of anticipated requirements, EPA said. If the agency’s proposed rule to regulate greenhouse gas emissions from cars and trucks is finalized and takes effect in the spring of 2010, Clean Air Act permits would automatically be required for stationary sources that emitting at least 250 tons of carbon equivalent per year, EPA said. That would be politically untenable.

In addition, EPA is requesting public comment on its previous interpretation of when certain pollutants, including carbon dioxide and other greenhouse gases, would be covered under the permitting provisions of the Clean Air Act. A different interpretation could mean that large facilities would need to obtain permits prior to the finalization of a rule regulating greenhouse gas emissions.

However, EPA's tailoring proposal "will not hold," Sen. Lisa Murkowski, R-Alaska, asserted on the Senate floor Sept. 24. "It has no legal basis, and it will swiftly be rejected by the courts. The EPA cannot constitutionally legislate a major change in the Clean Air Act," she said. "Ultimately, once this has all played out, the agency's carbon dioxide regulations would remain in effect, but the threshold would be triggered at a level 100 times lower than the agency planned." Murkowski argued unsuccessfully for an amendment to block for one year possible EPA limits on stationary source emissions of greenhouse gases.

A federal appeals court has reinstated a "public nuisance" lawsuit seeking to force five electric utilities to reduce greenhouse gas emissions from coal-fired power plants. In a Sept. 21 decision in Connecticut, et al v. American Electric Power, et al, the U.S. Court of Appeals for the Second Circuit held that a lower court erred in dismissing the complaints brought by eight states, New York City and three land trusts. The court remanded the case to the district court for further proceedings. The states want the courts to order the utilities to first cap and then reduce their carbon dioxide emissions by 3% annually for 10 years.

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December 9, 2009 in Marshfield
MEUW Management Certification Program “Session D”

Municipal Electric Utilities of Wisconsin is continuing its program to provide education for “home grown” management personnel for existing managers, mid-level managers and future management prospects. Session D (Utility Accounting, Finance and Negotiations) will be held on Wednesday, December 9, 2009, at the Marshfield Holiday Inn.

Session D topics will include: how to read financial statements; how to develop and track your department budget; how proper invoice coding/inventory tracking affects the bottom line; why decisions are made from a financial perspective; your responsibility to ratepayers and community leaders; internal control methods; audits and regulatory reports (PSC uniform system of accounting); financial tools for assessing utility health; electric and water rates (wholesale and retail); Public Service Commission of Wisconsin regulations and other industry regulations; understanding utility tariffs; and negotiation skills and considerations.

The instructors for Session D will be John Andres and Jodi Dobson of Baker Tilly. The fee for this session will be $250/person, which includes breaks, lunch and handout materials that will be sent to each registrant prior to the session. Individuals wishing to reserve an overnight room should call the Marshfield Holiday Inn at 715/486-1500.

Registration materials were sent in late October. If your utility did not receive a copy, please contact MEUW Receptionist Shari Baumann at sbaumann@meuw.org, call 608/837-2263 or visit www.meuw.org/events.htm. The registration deadline is November 25, 2009.

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Power Tool Safety: Concrete Cut-Off Saw
by MEUW Regional Safety Coordinator Dan Becker

Have you ever wondered how difficult it would be to accomplish some of our work tasks without the use of some of the power tools we’ve become so accustomed to using? Today the possibilities are endless based on the countless power tools available to our work force but with this variety also comes the daunting task of training employees that may have the opportunity to run these tools.

One power tool commonly used by municipal utilities is the “Concrete Cut-Off Saw”. Concrete saws are used for a variety of tasks to make our jobs easier, but when safety procedures or a lack of training occur these saws can be extremely dangerous and sometimes even cause fatalities.

Manufactures provide both specific and general safety suggestions provided in the owners manual for concrete saws. It is imperative that all employees that may be asked to run concrete saws be trained on safe work practices associated with that specific concrete saw. What may be common knowledge about operation of the saw to one employee may be something never seen before by another. I encourage any employees that don’t feel comfortable running any type of equipment or power tools to request additional training from their supervisor. Because human nature sometimes causes us to be a bit reluctant when asking for help I also encourage fellow employees to help each other identify and correct unsafe work practices observed when employees operate concrete saws.

There are two categories associated with the safe operation of concrete saws. These categories include: general safe saw operation and blade safety.

General Saw Safety:
  1. Read and understand the owners manual provided by the
      manufacturer.
  2. Confirm all employees using these power tools have had adequate
      training pertaining to the specific saw they will be operating.
  3. Confirm that all guards are in place and move freely.
  4. Avoid contact with the saw blade in the kickback area which is
      usually located from about the 12:00 position to the 3:00.
  5. Do a visual inspection of the saw prior to operation.
  6. Never drop start any saw.
  7. When operating a concrete saw always use both hands and be
      aware of surroundings.
  8. Never stand directly behind the blade of the saw (allow a
      kick-back area).
  9. Never remove or pin back guards.
10. Never use concrete saws for purposes that they are not intended
      for.

General Blade Safety:
  1. Check blade condition and tightness prior to each use.
  2. Confirm you have selected the correct blade for the material being
      cut.
  3. Confirm blade is traveling in correct direction when using a new
      blade.
  4. Confirm if the blade is a wet or dry use blade.
  5. Never cut any material other than what the blade was intended for.
  6. Check blade for missing segments and/or pieces.
  7. Be aware of PPE requirements when cutting concrete or asphalt
      (use an appropriately rated respirator when making dry cuts;
      follow manufactures recommendations when selecting PPE).
  8. Never expose blades to side flex they are not made to be
      side-stressed.
  9. Never store abrasive type blades near gas or oil (hydrocarbon
      fuels can break down the binding agent used to hold this type of
      blade together).

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October 4-10, 2009
Eagle River Soars Into Public Power Week

The Eagle River Light & Water Utility kicked off Public Power Week last month (Oct. 4-10) with a group photo of staff and governing board members alongside the famous bronze eagle in downtown Eagle River. The utility supplied the lighting for that landmark community project.

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