Public Service Commission: "No significant environmental impact" expected from proposed solar farm - Comments due 4/11

Public Service Commission: “No significant environmental impact” expected from proposed solar farm – Comments due 4/11

Posted on: April 5, 2025

Depiction of properties that have lease agreements with Whitewater Solar

The proposed project would tie into the WE Energy cogeneration plant on County U

By Lynn Binnie
Whitewater Banner volunteer staff
whitewaterbanner@gmail.com

As was previously reported on The Banner, Whitewater Solar, LLC [WS] has proposed to construct “solar electric generation facilities” [popularly known as a solar farm] near the city. The company has signed 40-year leases with a number of property owners for a total of approximately 2567 acres, “of which, the proposed project arrays make up 988 acres, and the alternative project arrays make up 231 acres….The proposed project includes 23 fenced array areas, with 17 proposed array area sites and six alternative array area sites.” Most of the land is currently used for farming.

The Wisconsin Public Service Commission is responsible for reviewing the proposed project and deciding whether to approve it. At an August public information meeting, a WS representative indicated that as long as the proposal meets all of the regulatory requirements, it will be approved.

On March 20, 2025 the PSC announced that it and the WI Department of Natural Resources staff had “completed a joint environmental review of the proposed project and prepared an environmental assessment (EA) to determine if an environmental impact statement (EIS) is necessary.” In a letter that is copied below, PSC states that “The preliminary determination indicates that no significant impacts on the human or natural environment are likely to occur because of the construction and operation of this project. Therefore, preparation of an EIS is not required.” The letter briefly summarizes the review of construction impacts, as well as long-term impacts to Aesthetics and Noise, Wildlife and Natural Resources, and Archaeological and Historic Resources.

The public has until Friday, April 11 to submit comments regarding the environmental assessment, which may include an opinion as to whether an EIS is necessary. The most efficient way to submit such comments is on the PSC website.

The public may request a copy of the PSC’s 91 page environmental review document. On this website there may be reviewed the testimony by various DNR and other experts, including that of UW-Whitewater Economics Professor Russell Kashian, who estimates that the project will generate 1090 jobs and that the revenue for local government will greatly exceed tax revenue from agricultural land. Additionally, all of the comments that have been submitted by the public may be read. Although a number of comments have been posted after the March 20th announcement, the vast majority of comments so far were posted before a December deadline. The vast majority of comments are strongly opposed to the project, although there are also a number of comments that give rationales for a different view and urge the PSC to approve the project.

We have attempted to provide here the link to the page where comments may be submitted, but unfortunately that link keeps getting blocked. Here is the instruction from the state letter: Comments on the finding of no significant impact for this proposed project should be made to Adam Ingwell at the address above or through the Commission’s web comment form. Go to the Commission’s website at https://psc.wi.gov, click on “Commission Actions,” then click on “File a Public Comment.” On the next page, select “File a comment” for case 9828-CE-100. Please provide any comments by Friday, April 11, 2025.

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Area resident Rebecca Fredericks provided the following statement to The Banner.

An Update on Whitewater Solar, and an opportunity to participate!

For many, it may seem the Whitewater Solar project that has been proposed south and east of Whitewater, and in LaGrange and Cold Spring has gone quiet. However, the legal portion of this process continues through the Public Service Commission. For those directly impacted by the project who have chosen to participate as intervenors, the battle continues to protect our lands and waters. As the project continues to move through the stages of the project, opportunities for those outside the direct impact area do come to have a voice as a member of the public.

Today, there is a chance for the public to weigh in and share their thoughts about the project and how it specifically will impact the environment. The DNR has published a 91-page report called the Preliminary Environmental Assessment, which reviews the potential impacts of the project. The DNR ultimately decided that a full scale environmental assessment would not be performed. This does not mean there will be no environmental impact, but rather that the DNR wishes to hear from the public that a full environmental assessment is warranted. From now until April 11, 2025 this issue is now opened up to the public, and the importance of participation cannot be overstated.

The Whitewater Solar project will have the potential to impact waterways, ground water resources and soils. It will be visible from the Ice Age Trail and impact Ice Age Trail Communities. It will limit movement of wildlife, large and small through the use of fencing and gates, and reduce Prime farmland in this community for decades and likely forever. For those concerned about these and other potential impacts, now is the time to make your voice heard.

To make a Public Comment to the Public Service Commission follow the link below and read the instructions. The more detailed information you can include in your comment, the better! Thank you for participating in this important project with direct impact on your community!
https://apps.psc.wi.gov/ERF/ERF/comment/filecomment.aspx?util=9828&case=CE&num=100

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Since Rebecca Fredericks’ statement raised a number of the concerns that will also be easily found among the online comments, it seems appropriate to provide links to just a few of the positive comments about the project:

HCW-PSC: Whitewater Solar
ERF – Public Comments
ERF – Public Comments

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The following is the letter from the PSC.

Public Service Commission of Wisconsin
Summer Strand, Chairperson
Kristy Nieto, Commissioner
Marcus Hawkins, Commissioner
4822 Madison Yards Way
P.O. Box 7854
Madison, WI 53707-7854

March 20, 2025

Re: Application of Whitewater Solar, LLC for a Certificate of Public Convenience and Necessity to Construct Solar Electric Generation Facilities located within the City of Whitewater and Township of Cold Spring, Jefferson County, and the Townships of Whitewater and LaGrange, Walworth County, Wisconsin

9828-CE-100

To the Recipient,

On October 14, 2024, Whitewater Solar, LLC (Whitewater Solar or applicant), filed an
application with the Public Service Commission of Wisconsin (PSC or Commission), to receive a Certificate of Public Convenience and Necessity (CPCN) for the authority to construct and place in service a new utility-scale solar electric generating facility consisting of a project substation, 138 kilovolt (kV) generator tie-line, 34.5kV collector circuits, solar array areas, inverters, and other associated facilities . The applicant’s request to receive the CPCN was filed with the PSC pursuant to Wis. Stat. §§ 196.02, 196.491, 196.52, and 196.795, and Wis. Admin. Code PSC chs. 4 and 112.

Whitewater Solar proposes to construct a new solar electric generation facility and associated facilities in the City of Whitewater and Township of Cold Spring, Jefferson County, and the Townships of Whitewater and LaGrange , Walworth County, Wisconsin. The site control area includes 2,567 acres of land, with 996 acres required for the proposed array area. There are about 232 acres that could be used alternatively if issues are found within the proposed array area during application review.

The Commission is sending this letter to property owners near the proposed solar facility site or associated facilities, as well as individuals who have asked to be placed on our mailing list or have expressed interest in the project. This letter is also being sent to public officials in the project area. If you are a municipal clerk and receive this letter, please post it in a location where it can be viewed by the public.

PSC and Wisconsin Department of Natural Resources (DNR) staff have completed a joint environmental review of the proposed project and prepared an environmental assessment (EA) to determine if an environmental impact statement (EIS) is necessary. The EA is written following the guidelines in Wis. Admin. Code PSC 4.20 and is a review of the potential environmental effects of the proposed project that would affect the quality of the human environment as described in Wis. Stat. § 1.11(2)(c). The EA also describes ways of mitigating or avoiding some of the expected impacts and concludes with the evaluation of ten items described in Wis. Admin. Code § PSC 4.20(2)(d).

The preliminary determination indicates that no significant impacts on the human or natural environment are likely to occur because of the construction and operation of this project. Therefore, preparation of an EIS is not required. Comments regarding this determination can be directed to the contact person listed at the end of this letter.

The remainder of this letter describes the primary impacts of the project and summarizes the conclusions of the EA. To obtain a copy of the EA, please request a copy from the contact person listed at the end of this letter.

Construction
There would be temporary impacts during construction such as increased traffic, noise, and air pollution in the construction areas. Construction of the project would cause temporary increases to traffic in the project area because of workers, heavy equipment, and material deliveries using local roads. Construction would also create loose or disturbed soils that could be susceptible to erosion and cause dust. The applicant provided plans to reduce construction impacts on traffic.

Aesthetics and Noise
After construction, the project would create impacts to the local environment resulting from the new facility and the change in land use. The project would affect the aesthetics of the area for as long as it is in operation, which may be looked at favorably or unfavorably depending on the viewer. The applicant stated that it would work with surrounding neighbors to reduce aesthetic impacts. These measures could involve construction of fences and tree-screen between residences and the panels.

The applicant performed a glint and glare study to estimate any potential impacts. Out of the 96 houses included in the analysis, one house may experience glint or glare due to certain sun angles in combination with specific solar panel angles at certain times of the day. The applicant provided a procedure to investigate and address glare complaints with residents within or outside of the project area boundary.

The applicant completed a noise study to estimate any potential sound impacts. The study estimated the impact of the proposed project using the specifications of planned equipment measured versus the area’s pre-construction sound levels. The results found that the highest maximum noise level would be 43 A-weighted decibels (dBA) during both daytime and nighttime periods at the nearest residences. According to the study, predicted sound levels during operation of the proposed project would be below the PSC 128 Wind Noise standards of 50 dBA for daytime hours and 45 dBA for nighttime hours.

Wildlife and Natural Resources
The project would affect the animal and plant species that currently use the land. The applicant completed a certified endangered resources (ER) review with DNR to identify any protected species within the proposed project area. The ER Review for the proposed facility recommended actions to help conserve Wisconsin’s endangered resources for 23 plant species, one bird species, one fish species, two snake species, and one herptile species. There were no required actions to be taken to comply with state and/or federal endangered species laws. The applicant anticipates incorporating time of year restrictions and avoidance and/or mitigation measures (such as exclusion fencing) into their project design.

Based on this information as well as information available from the DNR and USFWS, the solar facilities and planned activities as described in the application are not expected to have a significant impact on rare species.

The applicant intends to replant the project area with low-growing perennial plants as well as native flowering to benefit pollinators. The change in habitat from agriculture to grassland would negatively affect certain animals while benefiting some others. The project applicant also plans to use fencing that allows small animals passage under or through fences.

Wetlands and waterways were field delineated within the project area. The primary project area would require temporarily impacting two wetlands (1.44 acres) due to the potential placement of construction matting for panel facilities and installation of fencing. There would be no permanent impacts to wetlands. The alternative project area includes permanently impacting 0.10 acres of wetland for the placement of two access roads, if this area were to be chosen.

Archaeological and Historic Resources
There are no previously recorded archaeological or burial/cemetery sites within the area of potential effect (APE). Eight Architecture History Inventory (AHI) properties were identified within the visual APE, assumed to be a 0.25-mile area around the APE, all of which were unevaluated for the National Register for Historic Places. A historic architectural survey was conducted by Stantec in November 2024 which concluded one property is eligible for listing in the National Register of Historic Places. However, due to the distance of the project from this property, Stantec concluded that the project would have No Adverse Effect on historic properties.

Conclusion
The project as proposed in the application and subsequent filings, including use of the stated construction methods and implementation of the mitigation plans, is not expected to cause any significant environmental effects. No significant impacts on the human environment that would warrant the preparation of an EIS are expected if this project were constructed using some combination of the currently proposed array sites. Thus, preparation of an EIS, as described in Wis. Stat. § 1.11, is not required for this project.

Copies of the EA are available upon request, either in electronic or paper format (for a paper copy, an address must be provided). Requests for a copy of the EA should be made to Adam Ingwell at the Public Service Commission of Wisconsin by telephone at (608) 267-9197, by e-mail at adam.ingwell@wisconsin.gov, or by regular mail directed to the Public Service Commission, P.O. Box 7854, Madison, Wisconsin 53707-7854.

Comments
Comments on the finding of no significant impact for this proposed project should be made to Adam Ingwell at the address above or through the Commission’s web comment form. Go to the Commission’s website at https://psc.wi.gov, click on “Commission Actions,” then click on “File a Public Comment.” On the next page, select “File a comment” for case 9828-CE-100. Please provide any comments by Friday, April 11, 2025.