Section 128.51. Commission review.

 

(1)   Appeals to the commission. An appeal under s. 66.0401 (5) (b) , Stats., shall be treated as a petition to open a docket under s. PSC 2.07 , except the time provisions of that section do not apply.

(2)   Petitioner filing requirements. An aggrieved person under s. 66.0401 (5) (a) , Stats., may file a petition with the commission. The petition shall be submitted to the commission in writing or filed using the commission's electronic filing system and shall contain all of the following:

(a) The petitioner's name, address, and telephone number.

(b) The name, address, and telephone number of the political subdivision that is the subject of the petition.

(c) A description of the wind energy system that is the subject of the petition.

(d) A description of the petitioner's relationship to the wind energy system.

(e) The information specified in s. PSC 2.07 (2) .

(3)   Political subdivision filing requirements.

(a) A political subdivision shall file a certified copy of the information required under s. 66.0401 (5) (c) , Stats., using the commission's electronic regulatory filing system.

(b) The commission may require the political subdivision to file up to 5 paper copies of the record upon which it based its decision.

(c) The commission may require the political subdivision to file additional information.

(4)   Service and notice.

(a) An owner submitting a petition under sub. (2) (intro.) shall serve a copy of the petition on the political subdivision and on any other person specified in s. PSC 2.07 (3) .

(b) Any person other than an owner submitting a petition under sub. (2) (intro.) shall serve a copy of the petition on the owner, the political subdivision, and any other person specified in s. PSC 2.07 (3) .

(c) A political subdivision that is subject to a petition under sub. (2) shall make a copy of the petition available for public inspection and, in the manner in which it is required to publish notice of a public meeting, publish notice of that petition.

(5)   Commission hearing discretionary. The commission may review a petition under this section with or without a hearing.

(6)   Environmental analysis. A docket opened to review a petition under this section is a Type III action under s. PSC 4.10 (3) .

(7)   Remand to political subdivision.

(a) Except as provided in par. (b) , if the commission remands any issue to the political subdivision, the political subdivision's review on remand shall be completed in a time frame established by the commission in its remand order.

(b) If the commission determines that a political subdivision has not yet reviewed an application that is complete, and the commission remands the application to the political subdivision for review, the political subdivision's review shall be completed within the time frame provided for reviewing a complete application under this chapter and s. 66.0401 (4) (d) and (e) , Stats., beginning with the day after the day on which the commission issues its remand order.

CR 10-057 : cr. Register February 2011 No. 662 , eff. 3-1-11.