Calumet County Board May 20, 2008

1. ADDRESSING THE ISSUES Calumet County BoardMay 20, 2008

2. Tom Swierczewski, AICP • Project Coordinator for Midwest Wind Energy and Principal Coordinator for Stonybrook • BS in Community and Regional Planning from Iowa State University • Member American Institute of Certified Planners • Professional Planner for 11 yrs • City Planner and Zoning Official for City of Geneva, IL

3. Midwest Wind Energy • Leading Developer of Wind Power Projects in Midwest • Current Project Development Portfolio > 1500 MWs • Developed Cedar Ridge (80 MW, Fond du Lac County) and Butler Ridge (54 MW, Dodge County) • 530 MWs targeted for construction in 2008 • Goal: 1500 MWs by 2010 • Responsible for Project Development • “Concept to Construction”

4. Edison Mission Group • Subsidiary of Edison International (NYSE – EIX) • EIX - Assets totaling over $36 billion • EMG is a Leading Independent Power Producer • 9000 MWs Owned and Operated in the U.S. • Leader in Renewable Energy • Currently Owns/Operates 1055 MWs of Wind Power • 5th Largest Owner of Wind Power in the U.S.

5. Why Calumet County? • Unique wind resource • Proximity to transmission • Land use compatibility • Regulatory environment (before recent amendments)

6. Wisconsin’s Wind Resource Calumet County is located in the heart of Wisconsin’s Best wind resource area Subject Site

7. Town Zoning • Town of Brothertown Zoning Ordinance Exempts Wind Energy Facilities from Town Zoning • Defers siting authority to Calumet County Wind Energy Facility Ordinance • Thus, Wind Energy Facilities are permitted in the Town of Brothertown with a County permit

8. County Zoning • Wind Turbines are PERMITTED in Calumet County subject to a siting permit per Chapter 79 of the County Code (“Wind Energy Facility Ordinance”) • “Wind Energy Facilities are permitted in Calumet County provided the operation is in compliance with [the WEF Ordinance.] The ability of the applicant to create, enlarge or modify a Wind Energy Facility is not debatable….” • WEF Ordinance has Strict Application Requirements and Regulations that Protect Public Health and Safety

9. State Statute • Section 66.0401 of Wisconsin Statutes. “No county, town, city or village may place any restriction on the installation of a wind energy system unless the restriction serves to preserve or protect the public health and safety.” ORD. 04-77 AN ORDINANCE AMENDING SECTION III OF THE ZONING ORDINANCE REGARDING AGRICULTURAL DISTRICT WHEREAS, Wisconsin Statute Section 66.0401 provides limited authority for towns to regulate wind energy systems; and…

10. Summary of Existing Regulations • Wind turbines are legally permitted in Brothertown • Wind turbines are legally permitted in Calumet County • Wisconsin State Law strictly limits local governments’ ability to restrict wind turbines • Fact: Landowners in Calumet County are legally entitled to install wind turbines with a County permit. • Fact: Recently adopted regulations make developing utility scale wind farms impossible.

11. Project timeline/history October 2005 – August 2006 • Calumet County adopts wind energy ordinance • MWE Identified Proposed Project Area, Analyzed available wind data and transmission system • Held Public Information Meeting • Erected 2 met towers on site and initiated land acquisition • Prepared Preliminary Turbine Layout Plan • Filed Interconnection Request w/ATC • Held on-site visits w/WDNR & USFWS • Conducted Landowner Meetings

12. Project timeline/history August 2006 – January 2007 • Wind energy opponents sought to amend County Ordinance to eliminate wind turbine development in Calumet County • MWE Suspended Development Activities – took “wait and see” approach • MWE attended County meetings and public hearings – submitted evidence and testimony • Calumet County rejected opponents’ amendments and upheld current ordinance • Opponents filed Federal lawsuit against County

13. Project timeline/history February 2007 – August 2007 • MWE resumed development activities • Avian Risk, Environmental Site and Geological Assessments • Started to Finalize Turbine Layout Plan • Met w/County Staff re: permit application requirements • Opponents request Town of Stockbridge to restrict wind turbines • Town of Stockbridge Imposes Moratorium • Town of Stockbridge drafts new “license ordinance” • MWE reconfigured project to locate all turbines in Brothertown

14. Project timeline/history August 2007 – Present • Opponents initiate anti-wind energy campaign • Opponents again seek amendments to County ordinance • County will not consider amendments due to pending Federal lawsuit • Opponents move to withdraw lawsuit • Ad-Hoc Committee on wind is formed, trip to Crescent Ridge is taken, amendments adopted precluding wind development in Calumet County • MWE suspends development activity and begins preparations for PSC submittal

15. Addressing the Issues • Groundwater Impacts • Impact on Property Values • Shadow Flicker • Company Accountability (if something goes wrong) • Benefits of Wind Energy

16. Groundwater Impacts • SBW understands the issue well: • Local bedrock is frequently fractured because of the area’s Karst geology • Excavation could expose existing fractures or crack the bedrock further allowing contaminants to enter the shallow aquifers • This is a real problem that applies to any excavation, including foundations for new homes.

17. Groundwater Impacts • Pre-construction planning can avoid this problem • SBW has mapped all visible Karst features including sink holes and cracks in the ground • SBW has located turbines to avoid these areas • SBW will obtain rock core samples at each turbine site to determine existing condition of the rock • If the core indicates unsound subsurface rock then SBW will use construction techniques to minimize fractures: • Quick-setting cements and anchors to seal cracks • Avoid drilling, blasting or hammering on the bedrock • These measures are currently being implemented in the Blue Sky/Green Field project

18. Property Values Economic Impacts of Wind Power in Kittitas County, WA, prepared by EcoNorthwest, November 2002. Evaluated impact from 22 wind farms across the country

19. Property Values Renewable Energy Policy Project, May 2003 • Analyzed over 25,000 records of property sales within 5 miles of 10 different wind farms using 3 methodologies

20. Property Values • A Real Estate Study of the Proposed Forward Wind Energy Center, Dodge and Fond du Lac Counties, WI, by Polletti and Associates, May 20, 2005 for the PSC of Wisconsin • Investigated property sales in the Town of Lincoln, Kewaunee County, WI and at Mendota Hills, Lee County, IL

21. Property Values • Impact of Windmill Visibility on Property Values in Madison County, NY, Bard Center for Environmental Policy, 4/2006 • Analyzed impact on 280 homes near a 20-turbine wind farm

22. Shadow Flicker • Blade shadow flicker can be observed when: • Sun is visible near sunrise or sunset (24% sunny, 28% partly sunny) • Wind direction causes rotor to be parallel to observer. • Direct line of sight between observer, turbine and sun. No trees or other obstructions • Short duration event due to sun’s movement • Rate of “flicker” is approximately 1/second • 1000’ setbacks are more than adequate to mitigate effects of shadow flicker • No known studies attributing shadow flicker from wind farms to health or safety issues

23. Microwave Beampath Interference • All beampaths have been mapped • All turbines are located outside of beam paths • Turbines are either in a beampath or they’re out. • No need for further setback if they’re not in a beampath.

24. Ice “Throws”(Ice Shedding) • Icing only occurs with an infrequent combination of temperature, humidity & low wind speed - May occur 1-4 times per year • Turbines automatically shut down when ice forms due to blade imbalance • Wet snow or ice sloughs off around the base of the turbine • Setbacks are more than adequate to protect public safety • With over 10,000 operating turbines in U.S. never a report of ice related injury

25. Company Accountability • Who do we call if something goes wrong? • On-site operation and maintenance center open 40 hours per week • 24-hour emergency telephone number available for after-hours calls • What if the company abandons the wind farm? • SBW provides financial security to guarantee decommissioning in the event of facility abandonment • Decommission guarantees are required by the County Ordinance • Decommission guarantees are also in all leases

26. Benefits of Wind Energy Stony Brook would generate enough renewable energy to power ~30,000 Wisconsin homes

27. Benefits of Wind Energy • Clean, safe, renewable • No emissions or environmental impacts • Reduce dependence on foreign oil • Reduce dependence on nuclear, coal and other power sources • Most economical of all renewable sources

28. Project Benefits • Harvesting the wind is good for farmers • Offers additional means of farming income • Preserves agricultural way of life

29. Next Steps Where do we go from here? What would you like us to do?

30. Q & A