216F.011 SIZE DETERMINATION.
(a) The total size of a combination of wind energy conversion systems for the purpose
of determining what jurisdiction has siting authority under this chapter must be determined
according to this section. The nameplate capacity of one wind energy conversion system must be
combined with the nameplate capacity of any other wind energy conversion system that:
(1) is located within five miles of the wind energy conversion system;
(2) is constructed within the same 12-month period as the wind energy conversion system;
(3) exhibits characteristics of being a single development, including, but not limited to,
ownership structure, an umbrella sales arrangement, shared interconnection, revenue sharing
arrangements, and common debt or equity financing.
(b) The commissioner shall provide forms and assistance for project developers to make a
request for a size determination. Upon written request of a project developer, the commissioner of
commerce shall provide a written size determination within 30 days of receipt of the request and
of any information requested by the commissioner. In the case of a dispute, the chair of the Public
Utilities Commission shall make the final size determination.
(c) An application to a county for a permit under this chapter for a wind energy conversion
system is not complete without a size determination made under this section.
History: 2007 c 136 art 4 s 12