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04CIV18-000084 - Gregg and Marsha Hubner vs. South Dakota Public Utilities Commission; Prevailing Wind Park, LLC; South Dakota Public Commission Staff; Paul Schoenfelder; Lisa Schoenfelder; Sherman Fuerniss; Kelli Pazour; Karen Jenkins; Charles Mix County, South Dakota


Date Filed: 12/26/18 ♦ Docket Closed: 05/17/19

Service List

Refer to Docket EL18-026

Filed Documents:

 

Date of Filing

Name of Filing

Bate Number

1.

05/30/18

Docket EL18-026 – Electronic Docket Filings (PUC Website) http://puc.sd.gov/Dockets/Electric/2018/EL18-026.aspx

1-6

2. 

05/30/18

Docket EL18-026 – Comments and Responses (PUC Website) http://puc.sd.gov/Dockets/Electric/2018/EL18-026comments.aspx

7-14

3. 

05/30/18

Prevailing Wind Park, LLC's Letter regarding Application; Application; Appendix A – Figures; Appendix B - Grasslands Analysis; Appendix C - Wetland Desktop Determination; Appendix D - Tiers 1 And 2 Wildlife Report; Appendix E - Raptor Nest Survey Report; Appendix F - Avian Use Surveys - Year One; Appendix G - Avian Use Surveys - Year Two; Appendix H - Bald Eagle Nest Monitoring; Appendix I - Northern Long-Eared Bat Acoustic Survey; Appendix J - Northern Long-Eared Bat Presence/Absence Survey; Appendix K - Whooping Crane Habitat Review; Appendix L - Bird And Bat Conservation Strategy; Appendix M - Sound Study; Appendix N - Shadow Flicker Analysis; Appendix O - RF Impact Report; Appendix P - 2009 Berkeley Property Values Study; Appendix Q - 2013 Berkeley Property Values Study; Appendix R - Cultural Resources Literature Search Confidential (not available to the public); Appendix S - Cultural Resources Desktop Review and Construction Grid; and Appendix T - Agency Correspondence

15-990

991-1024
Confidential

1025-1140

 4.

05/30/18

Pre-Filed Direct Testimony of James Damon; and Exhibit 1 - Resume

1141-1158

5. 

05/30/18

Pre-Filed Direct Testimony of Bridget Canty; and Exhibit 1 - Resume

1159-1180

 6.

05/30/18

Pre-Filed Direct Testimony of Keith Thorstad; and Exhibit 1 - Resume

1181-1190

7. 

05/30/18

Pre-Filed Direct Testimony of Aaron Anderson; and Exhibit 1 - Curriculum Vitae

1191-1199

8. 

05/30/18

Pre-Filed Direct Testimony of Chris Howell; and Exhibit 1 - Curriculum Vitae

1200-1210

9. 

05/31/18

Docket EL18-026 – Weekly Filings – (PUC Website) http://puc.sd.gov/WeeklyFiling/2018/053118-060618.aspx

1211

10. 

06/01/18

Notice of Application; Order for and Notice of Public Input Hearing; Notice of Opportunity to Apply for Party Status

1212-1213

 11.

06/05/18

PUC Staff's Corrected Letter to SD Newspaper Association regarding Notice of Public Hearing; and Notice of Public Hearing

1214-1216

12. 

06/12/18

PUC Commission Meeting Agenda

1217-1219

13. 

06/12/18

PUC Commission Meeting Minutes

1220-1222

14. 

06/19/18

Land Ownership Map Confidential (not available to the public); and Certificate of Service

1223
Confidential

1224-1225

15. 

06/19/18

Comments of Susanne Plooster to Commissioner Fiegen; Comments of Susanne Plooster to Commissioner Hanson; Comments of Susanne Plooster Commissioner Fiegen Confidential (not available to the public); and Comments of Susanne Plooster Commissioner Hanson Confidential (not available to the public)

1226-1227

1228-1229
Confidential

16. 

06/21/18

Prevailing Wind Park, LLC's Application to Bon Homme, Charles Mix and Hutchison County Auditors Certificate of Service

1230-1231

17. 

06/21/18

Prevailing Wind Park, LLC's Proof of Mailing; Attachment A - Letter to Landowners with Attachments; and Attachment B - List of Landowners Confidential (not available to the public)

1232-1236

1237-1246
Confidential

18. 

06/22/18

Commissioner Fiegen's Response to Susanne Plooster; and Commissioner Fiegen's Response to Susanne Plooster Confidential (not available to the public)

1247

1248
Confidential

 19.

06/27/18

Comments of Dr. Jamin Hubner; Attachment; and Comments of Dr. Jamin Hubner Confidential (not available to the public)

1249-1265

1266
Confidential

20. 

06/28/18

Comments of Karen Jenkins; Comments of Mike Hubner; Comments of Karen Jenkins Confidential (not available to the public); and Comments of Mike Hubner Confidential (not available to the public)

1267-1269

1270-1272
Confidential

21. 

06/29/18

Amended Order Assessing Filing Fee; Authorizing Executive Director to Enter Into a Consulting Contract

1273-1274

22. 

06/29/18

Comments of Phyllis Hubner; Comments of David Ratzlaff; Comments of Phyllis Hubner Confidential (not available to the public); and Comments of David Ratzlaff Confidential (not available to the public)

1275-1277

1278-1280
Confidential

 23.

07/02/18

Commissioner Fiegen's Response to Phyllis Hubner; Comments of Mary Walkes; Commissioner Fiegen's Response to Mary Walkes; Commissioner Fiegen's Response to David Ratzlaff; Commissioner Fiegen's Response to Phyllis Hubner Confidential (not available to the public); Comments of Mary Walkes Confidential (not available to the public); Commissioner Fiegen's Response to Mary Walkes Confidential (not available to the public); and Commissioner Fiegen's Response to David Ratzlaff Confidential (not available to the public)

1281-1287

1288-1294
Confidential

24. 

07/03/18

Commissioner Fiegen's Response to Mike Hubner; Comments of Michael Bollweg; Attachment; Commissioner Fiegen's Response to Michael Bollweg; Commissioner Fiegen's Response to Mike Hubner Confidential (not available to the public); Comments of Michael Bollweg Confidential (not available to the public); Attachment Confidential (not available to the public); and Commissioner Fiegen's Response to Michael Bollweg Confidential (not available to the public)

1295-1305

1306-1316
Confidential

 25.

07/05/18

Comments of Greg Whiteley; Commissioner Fiegen's Response to Karen Jenkins; Commissioner Fiegen's Response to Dr. Jamin Hubner; Commissioner Fiegen's Response to Greg Whiteley; Comments of Greg Whiteley Confidential (not available to the public); Commissioner Fiegen's Response to Karen Jenkins Confidential (not available to the public); Commissioner Fiegen's Response to Dr. Jamin Hubner Confidential (not available to the public); and Commissioner Fiegen's Response to Greg Whiteley Confidential (not available to the public)

1317-1320

1321-1324
Confidential

 26.

07/06/18

Comments of Rosemary Draeger; Attachment; Comments of Wanda Oorlog; Commissioner Fiegen's Response to Rosemary Draeger; Commissioner Fiegen's Response to Wanda Oorlog; Comments of Rosemary Draeger Confidential (not available to the public); Comments of Wanda Oorlog Confidential (not available to the public); Commissioner Fiegen's Response to Rosemary Draeger Confidential (not available to the public); and Commissioner Fiegen's Response to Wanda Oorlog Confidential (not available to the public)

1325-1329

1330-1333
Confidential

 27.

07/09/18

Comments of Gregg C. Hubner ; Attachment; Additional Comments of Wanda Oorlog; Additional Comments of Gregg C. Hubner; Attachment; Comments of Alan Meiers; Attachment; Comments of David Brouwer, President, We-Care; Comments of Stewart D. Sharpe, Trustee of Douglas S. Sharpe Trust to Commissioner Fiegen; Comments of Gregg C. Hubner Confidential (not available to the public); Attachment Confidential (not available to the public); Additional Comments Wanda Oorlog Confidential (not available to the public); Additional Comments of Gregg C. Hubner Confidential (not available to the public); Comments of Alan Meiers Confidential (not available to the public); Attachment Confidential (not available to the public); and Comments of Stewart D. Sharpe, Trustee of Douglas S. Sharpe Trust to Commissioner Fiegen Confidential (not available to the public)

1334-1348

1349-1359
Confidential

28.

07/10/18

Comments of Herb and Nance Teal; Commissioner Fiegen's Response to Herb and Nance Teal; Comments of Richard J & Terri Ann Mayer; Commissioner Fiegen's Response to Richard J & Terri Ann Mayer; Commissioner Fiegen's Response to Alan Meiers; Comments of Linda & Doug Schnabel; Commissioner Fiegen's Response to Linda & Doug Schnabel; Comments of Herb and Nance Teal Confidential (not available to the public); Commissioner Fiegen's Response to Herb and Nance Teal Confidential (not available to the public);Comments of Richard J & Terri Ann Mayer Confidential (not available to the public); Commissioner Fiegen's Response to Richard J & Terri Ann Mayer Confidential (not available to the public); Commissioner Fiegen's Response to Alan Meiers Confidential (not available to the public); Comments of Linda & Doug Schnabel Confidential (not available to the public); and Commissioner Fiegen's Response to Linda & Doug Schnabel Confidential (not available to the public)

1360-1367

1368-1375
Confidential

29.

07/11/18

Comments of Alan Case, President, Nine Quarter Circle, Inc.; Attachment; Comments of Todd Christensen; Commissioner Fiegen's Response to Todd Christensen; Comments of Wallace Kost; Additional Comments of Gregg C. Hubner; Attachment; Comments of Todd Christensen Confidential (not available to the public); Commissioner Fiegen's Response to Todd Christensen Confidential (not available to the public); Comments of Wallace Kost Confidential (not available to the public); Additional Comments of Gregg C. Hubner Confidential (not available to the public); and Attachment Confidential (not available to the public)

1376-1386

1387-1393
Confidential

30.

07/12/18

Comments of Dale Christensen; Comments of Gerry Winckler; Commissioner Fiegen's Response to Alan Case, President, Nine Quarter Circle, Inc.; Commissioner Fiegen's Response to Wallace Kost; Commissioner Fiegen's Response to Gerry Winckler; Commissioner Fiegen's Response to Dale Christensen; Comments of Dale Christensen Confidential (not available to the public); Comments of Gerry Winckler Confidential (not available to the public); Commissioner Fiegen's Response to Wallace Kost Confidential (not available to the public); Commissioner Fiegen's Response to Gerry Winckler Confidential (not available to the public); and Commissioner Fiegen's Response to Dale Christensen Confidential (not available to the public)

1394-1399

1400-1404
Confidential

31.

7/12/18

Public Input Hearing at the Avon School, 210 Pine St., Avon, S.D. - Notice of Application; Order for and Notice of Public Input Hearing; Notice of Opportunity to Apply for Party Status; South Dakota Public Utilities Commission Information Guide to Siting Energy Conversion & Electric Transmission Facilities; Party Status Application; Prevailing Wind Park, LLC's Presentation; Sign In Sheets; Comments of Lori Fuerniss; Comments of Ed Van Gerpen; Comments of George L. Holborn; Comments of Ruby L. Holborn; Comments of James and Julie Kaufman; Comments of Erik Johnson; Comments of Jeff Haverly, S.D. Governor's Office of Economic Development; Comments of Julie Freier; Comments of Ronnie Hornstra; Comments of Amber Christenson; Comments of Kelly Pazour; Comments of Dave Adam; Comments of Katie Bartunek; Comments of Gregg Hubner; Comments of Marsha Hubner; Comments of Darci Adam; Comments of Kristi Mogen; Comments of Lori Fuerniss Confidential (not available to the public); Comments of George L. Holborn Confidential (not available to the public)
Comments of Ruby L. Holborn Confidential (not available to the public); Comments of James and Julie Kaufman Confidential (not available to the public); Comments of Julie Freier Confidential (not available to the public); Comments of Ronnie Hornstra Confidential (not available to the public); Comments of Amber Christenson Confidential (not available to the public); Comments of Kelly Pazour Confidential (not available to the public); Comments of Marsha Hubner Confidential (not available to the public); Comments of Darci Adam Confidential (not available to the public); and Transcript of Public of Input Meeting

1405-1540

1541-1597
Confidential

1598-1715

32.

07/13/18

Additional Comments of Gregg C. Hubner; Attachment; Additional Comments of Gregg C. Hubner Confidential (not available to the public); and Attachment Confidential (not available to the public)

1716-1719

1720-1723
Confidential

33.

07/16/18

Comments of Albert Tieche; Commissioner Fiegen's Response to Albert Tieche; Additional Comments of Gregg C. Hubner; Additional Comments of Gregg C. Hubner; Attachment; Comments of Michael Bollweg, Bollweg Farms; Commissioner Fiegen's Response to Michael Bollweg, Bollweg Farms; Additional Comments of Michael Bollweg, Bollweg Farms; Attachments; Comments of Albert Tieche Confidential (not available to the public); Commissioner Fiegen's Response to Albert Tieche Confidential (not available to the public); Additional Comments of Gregg C. Hubner Confidential (not available to the public); Additional Comments of Gregg C. Hubner Confidential (not available to the public); and Attachment Confidential (not available to the public)

1724-1740

1741-1746
Confidential

34.

07/17/18

Comments of Denis L. Meiers; Commissioner Fiegen's Response to Denis L. Meiers; Comments of Denis L. Meiers Confidential (not available to the public); and Commissioner Fiegen's Response to Denis L. Meiers Confidential (not available to the public)

1747-1749

1750-1752
Confidential

35.

07/18/18

Comments of William Hopkins; Commissioner Fiegen's Response to William Hopkins; Comments of Keith Raysby; Attachment; Commissioner Fiegen's Response to Keith Raysby; Comments of William Hopkins Confidential (not available to the public); Commissioner Fiegen's Response to William Hopkins Confidential (not available to the public); Comments of Keith Raysby Confidential (not available to the public); Attachment Confidential (not available to the public); and Commissioner Fiegen's Response to Keith Raysby Confidential (not available to the public)

1753-1758

1759-1764
Confidential

36.

07/19/18

Comments of Bruce Rasor, Chris Graber, Travis Rasor, Bart Best, Jason Rasor, Sam Best, and Luke Best; Attachment; Commissioner Fiegen's Response to Bruce Rasor, Chris Graber, Travis Rasor, Bart Best, Jason Rasor, Sam Best, and Luke Best; Comments of Dan Nagowski, President, Wings & Things, Inc.; Commissioner Fiegen's Response to Dan Nagowski, President, Wings & Things, Inc.; Comments of Bruce Rasor, Chris Graber, Travis Rasor, Bart Best, Jason Rasor, Sam Best, and Luke Best Confidential (not available to the public); Attachment Confidential (not available to the public); Commissioner Fiegen's Response to Bruce Rasor, Chris Graber, Travis Rasor, Bart Best, Jason Rasor, Sam Best, and Luke Best Confidential (not available to the public); and Comments of Dan Nagowski, President, Wings & Things, Inc. Confidential (not available to the public)

1765-1771

1772-1777
Confidential

37.

07/19/18

Prevailing Wind Park, LLC's Affidavits of Publication (Tripp Star Ledger, Yankton Daily Press & Dakotan, Scotland Journal, Avon Clarion and The Wagner Post)

1778-1785

38.

07/20/18

Comments of Bernie Fineman, Caldwell Tanks, Inc.; and Comments of Bernie Fineman, Caldwell Tanks, Inc. Confidential (not available to the public)

1786-1787

1788-1789
Confidential

39.

07/20/18

Staff's Letter regarding Motion for Adoption of Procedural Schedule; Motion for Adoption of Procedural Schedule; and Certificate of Service

1790-1795

40.

07/20/18

PUC Staff's First Set of Data Requests to Applicant Certificate of Service 

1796-1797

41.

07/24/18

Additional Comments of Denis L. Meiers; Attachment; Additional Comments of Denis L. Meiers Confidential (not available to the public); and Attachment Confidential (not available to the public)

1798-1801

1802-1805
Confidential

42.

07/25/18

Commissioner Fiegen's Response to Bernie Fineman, Caldwell Tanks, Inc.; Comments of David Brouwer, President, We-Care; Comments of Douglas Kozel; Commissioner Fiegen's Response to Douglas Kozel; Comments of Douglas Kozel Confidential (not available to the public); and Commissioner Fiegen's Response to Douglas Kozel Confidential (not available to the public)

1806-1809

1810-1811
Confidential

43.

07/25/18

EL18-026 - Party Status Applications (PUC Website)
http://puc.sd.gov/Dockets/Electric/2018/EL18-026partystatus.aspx

1812

44.

07/25/18

Gregg C. Hubner’s Party Status Application

1813

45.

07/25/18

Marsha Hubner’s Party Status Application

1814

46.

07/25/18

Paul M. Schoenfelder’s Party Status Application

1815

47.

07/25/18

Lisa A. Schoenfelder’s Party Status Application

1816

48.

07/26/18

Additional Comments of Wanda Oorlog; Commissioner Fiegen's Response to Wanda Oorlog; Commissioner Fiegen's Response to David Brouwer, President, We-Care; Additional Comments of Wanda Oorlog Confidential (not available to the public); and Commissioner Fiegen's Response to Wanda Oorlog Confidential (not available to the public)

1817-1819

1820-1822
Confidential

49.

07/27/18

Commissioner Hanson's Response to David Brouwer, President, We-Care

1823

50.

07/30/18

Comments of Julie Freier; Attachment; Comments of Marlene Skorpik; Attachment; Additional Comments of Karen Jenkins; Commissioner Hanson's Response to Karen Jenkins; Comments of Lisa Schoenfelder; Attachment; Comments of Lori Cerny; Attachment; Additional Comments of Karen Jenkins; Attachment; Additional Comments of Karen Jenkins; Attachment; Comments of Sherman Fuerniss; Comments of Kevin Andersh, Tiny Acres Farm; Attachment; Comments of Paul Schoenfelder; Attachment; Comments of Karen Brown; Attachment; Comments of Julie Freier Confidential (not available to the public); Attachment Confidential (not available to the public); Comments of Marlene Skorpik Confidential (not available to the public); Attachment Confidential (not available to the public); Additional Comments of Karen Jenkins Confidential (not available to the public); Commissioner Hanson's Response to Karen Jenkins Confidential (not available to the public); Comments of Lisa Schoenfelder Confidential (not available to the public); Attachment Confidential (not available to the public); Comments of Lori Cerny Confidential (not available to the public); Attachment Confidential (not available to the public); Additional Comments of Karen Jenkins Confidential (not available to the public); Additional Comments of Karen Jenkins Confidential (not available to the public) Attachment Confidential  (not available to the public); Comments of Sherman Fuerniss Confidential  (not available to the public); Comments of Paul Schoenfelder Confidential  (not available to the public); Attachment Confidential  (not available to the public); Comments of Karen Brown Confidential  (not available to the public); and Attachment Confidential  (not available to the public);

1824-1857

1858-1887
Confidential

51.

07/30/18

Charles Mix County, Keith Mushitz’s Party Status Application

1888

52.

07/30/18

Sherman Fuerniss’ Party Status Application

1889

53.

07/30/18

Karen D. Jenkins’ Party Status Application

1890

54.

07/31/18

Commissioner Fiegen's Response to Paul Schoenfelder; Commissioner Fiegen's Response to Sherman Fuerniss; Comments of Christopher S. Smith, Hoyer, Hoyer & Smith, PLLC; Commissioner Fiegen's Response to Lori Cerny; Commissioner Fiegen's Response to Karen Brown; Commissioner Fiegen's Response to Lisa Schoenfelder; Commissioner Fiegen's Response to Kevin Andersh, Tiny Acres Farm; Commissioner Fiegen's Response to Marlene Skorpik; Commissioner Fiegen's Response to Julie Freier; Additional Comments of Gregg Hubner; Commissioner Fiegen's Response to Paul Schoenfelder Confidential (not available to the public); Commissioner Fiegen's Response to Sherman Fuerniss Confidential (not available to the public); Commissioner Fiegen's Response to Lori Cerny Confidential (not available to the public); Commissioner Fiegen's Response to Karen Brown Confidential (not available to the public); Commissioner Fiegen's Response to Lisa Schoenfelder Confidential (not available to the public); Commissioner Fiegen's Response to Marlene Skorpik Confidential (not available to the public); and Commissioner Fiegen's Response to Julie Freier Confidential (not available to the public)

1891-1901

1902-1908
Confidential

55.

08/02/18

Comments of Erik Johnson; Comments of George Meyer; Commissioner Fiegen's Response to Erik Johnson; Commissioner Fiegen's Response to George Meyer; Comments of Erik Johnson Confidential (not available to the public); Comments of George Meyer Confidential (not available to the public); Commissioner Fiegen's Response to Erik Johnson Confidential (not available to the public); and Commissioner Fiegen's Response to George Meyer Confidential (not available to the public)

1909-1914

1915-1920
Confidential

56.

08/02/18

Prevailing Wind Park, LLC's Response to the Motion for Adoption of Procedural Schedule

1921

57.

08/07/18

PUC Commission Meeting Agenda

1922-1927

58.

08/07/18

PUC Commission Meeting Minutes

1928-1932

59.

08/07/18

Transcript of PUC Commission Meeting for Docket EL18-026

1933-1944

60.

08/08/18

PUC's Affidavits of Publication - The Wagner Post's Affidavit of Publication (June 20, 2018 and July 11, 2018); Yankton Daily Press & Dakotan's Publication (June 20, 2018 and July 11, 2018); Avon Clarion's Affidavit of Publication (June 20, 2018); Avon Clarion's Affidavit of Publication (July 11, 2018); The Tripp Star Ledger's Affidavit of Publication (June 20, 2018); and The Tripp Star Ledger's Affidavit of Publication (July 11, 2018)

1945-1954

61.

08/08/18

PUC Staff's First Set of Data Requests to Charles Mix County Certificate of Service 

1955

62.

08/08/18

PUC Staff's First Set of Data Requests to Intervenors Certificate of Service

1956-1957

63.

08/09/18

Order Granting Party Status and Establishing Procedural Schedule (Gregg Hubner, Marsha Hubner, Paul Schoenfelder, Lisa Schoenfelder, Charles Mix County, Sherman Fuerniss and Karen Jenkins)

1958-1959

64.

08/10/18

EL18-026 - Pre-filed Testimonies and Exhibits; Supplemental Testimonies and Exhibits; Disclosure of Lay Witnesses; and Rebuttal Testimonies and Exhibits (PUC Website) http://puc.sd.gov/Dockets/Electric/2018/EL18-026testimony.aspx

1960-1963

65.

08/10/18

Prevailing Wind Park, LLC's Letter regarding Supplemental Testimonies and Exhibits; Bridget Canty's Supplemental Direct Testimony; and Exhibit 1 - NTIA Correspondence regarding the Project, Dated June 7, 2018

1964-1971

66.

08/10/18

Dr. Mark Roberts Supplemental Direct Testimony; Exhibit 1 - Statement of Qualifications; Exhibit 2 - Australian National Health and Medical Research Council (2010) - Wind Turbines and Health: A Rapid Review of the Evidence; Exhibit 2a - Australian National Health and Medical Research Council (2014) - Review of Additional Evidence for NHMRC Information Paper - Evidence on Wind Farms and Human Health - Final Report; Exhibit 2b - Australian National Health and Medical Research Council (2015) - NHMRC Statement: Evidence on Wind Farms and Human Health; Exhibit 2c - Australian National Health and Medical Research Council (2015) - Systematic Review of the Human Health Effects of Wind Farms; Exhibit 3 - French National Agency for Food Safety, Environment and Labor 100 ("ANSES") (2017) - ANSES Opinion regarding the Expert Appraisal on the "Assessment of the Health Effects of Low-Frequency Sounds and Infrasounds from Wind Farms"; Exhibit 4 - Wisconsin Wind Siting Council (2014) - Wind Turbine Siting - Health Review and Wind Siting Policy Update; Exhibit 5 - Joseph Rand and Ben Hoen (2017) - Thirty Years of North American Wind Energy Acceptance Research - What have We Learned? Energy Analysis and Environmental Impacts Division, Lawrence Berkeley National Laboratory, Electricity Markets and Policy Group; Exhibit 6 - Public Service Commission of Wisconsin (2015) - Review of Studies and Literature Relating to Wind Turbines and Human Health - Prepared for the Wisconsin State Legislature; Exhibit 7 - Massachusetts Departments of Environmental Protection and Public Health (2012) - Wind Turbine Health Impact Study - Report of the Independent Expert Panel; and Exhibit 8 - Letter, Kim Malsam-Rysdon, Secretary of Health, South Dakota Department of Health (Oct. 13, 2017) - In the Matter of the Application by Crocker Wind Farm, LLC for a Permit of a Wind Energy Facility and a 345 kV 118 Transmission Line in Clark County, South Dakota, for Crocker Wind Farm -Docket No. EL17-055

1972-2780

67.

08/10/18

Michael MaRous' Supplemental Direct Testimony; Exhibit 1 - Statement of Qualifications & August 10, 2018, Market Impact Analysis; Exhibit 2 - Brian Guerin, Jason Moore, Jamie Stata, and Scott Bradfield(2012) - Impact of Industrial Wind Turbines on Residential Property Assessment in Ontario - 2012 Assessment Base Year Study – Municipal Property Assessment Corporation; Exhibit 3 - Jason Moore, Jamie Stata, and Scott Bradfield (2016) - Impact of Industrial Wind Turbines on Residential Property Assessment in Ontario -2016 Assessment Base Year Study. Municipal Property Assessment Corporation; Exhibit 4 - Corey Lang and James Opaluch (2013) - Effects of Wind Turbines on Property Values in Rhode Island - Environmental and Natural Resource Economics, University of Rhode Island; Exhibit 5 - Richard J. Vyn and Ryan M. McCullough (2013) - The Effects of Wind Turbines on Property Values in Ontario - Does Public Perception Match Empirical Evidence? University of Guelph, Canada; Exhibit 6 - Carol Atkinson-Palombo and Ben Hoen (2014) - Relationshipbetween Wind Turbines and Residential Property Values in Massachusetts. University of Connecticut and Lawrence Berkeley National Laboratory; and Exhibit 7 - Surrebuttal Testimony of David Lawrence on Behalf of the Staff of the South Dakota Public Utilities Commission, In Re the Matter of the Application by Dakota Range I, LLC and Dakota Range II, LLC for a Permit of a Wind Energy Facility in Grant County and Codington County, South Dakota, for the Dakota Range Wind Project - Docket No. EL 18-003

2781-3238

68.

08/10/18

Daniel Pardo's Supplemental Direct Testimony; Exhibit 1 - Statement of Qualifications; and Exhibit 2 - Decommissioning Cost Analysis

3239-3273

69.

08/10/18

Peter Pawlowski's Supplemental Direct Testimony; Exhibit 1 – Resume; Exhibit 2 - Example of a Federal Aviation Administration ("FAA") Determination of No Hazard for a Project Turbine Location; and Certificate of Service

3274-3286

70.

08/10/18

Comments of Mary Bauder; Commissioner Fiegen's Response to Mary Bauder; Comments of Mary Bauder Confidential (not available to the public); and Commissioner Fiegen's Response to Mary Bauder Confidential (not available to the public)

3287-3289

3290-3292
Confidential

71.

08/16/18

PUC Staff's Second Set of Data Requests to Applicant Certificate of Service

3293-3294

72.

08/17/18

Notice of Appearance (Reece M. Almond); and Certificate of Service

3295-3297

73.

08/22/18

Comments of Janet Wagner; Commissioner Fiegen's Response to Janet Wagner; Comments of Janet Wagner Confidential (not available to the public); and Commissioner Fiegen's Response to Janet Wagner Confidential (not available to the public)

3298-3299

3300-3301
Confidential

74.

08/23/18

PUC Staff's Third Set of Data Requests to Applicant Certificate of Service 

3302-3303

75.

08/28/18

Kelli Pazour’s Party Status Application

3304

76.

09/10/18

Comments of Lyla Roth; Commissioner Fiegen's Response to Lyla Roth; Comments of Lyla Roth Confidential  (not available to the public); and Commissioner Fiegen's Response to Lyla Roth Confidential (not available to the public)

3305-3307

3308-3310 Confidential

77.

09/10/18

Staff's Letter regarding Staff's Testimonies and Exhibits; Direct Testimony of David M. Hessler; and Exhibit_DMH-1 - Resume

3311-3324

78.

09/10/18

Direct Testimony of Darren Kearney; Exhibit_DK-1 – Resume; Exhibit_DK-2 - Prevailing Wind Park, LLC’s Responses to Staff Data Requests; Exhibit_DK-2 - Prevailing Wind Park, LLC’s Responses to Staff Data Requests Confidential (not available to the public); Exhibit_DK-3 - Intervenors’ Responses to Staff Data Requests; and Exhibit_DK-4 - South Dakota Department of Health Letter

3325-3555

3556-3768
Confidential

3769-3923

79.

09/10/18

Direct Testimony of David Lawrence; Exhibit_DAL-1 - Qualification & Resume; Exhibit_DAL-2 - Brookings County Market Research; and Certificate of Service

3924-3974

80.

09/10/18

Intervenors' Disclosure of Lay Witnesses (Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder)

3975-3978

81.

09/10/18

Reece M. Almond, Davenport, Evans, Hurwitz & Smith LLP - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder - Pre-filed Testimony of Richard R. James; Exhibit 1 - Bio Materials; Exhibit 2 - Noise: Windfarms; Exhibit 3 - A Possible Criterion for Wind Farms; Exhibit 4 - A Theory to Explain Some Physiological Effects of the Infrasonic Emissions at Some Wind Farm Sites; Exhibit 5 - Summary of Wind Turbine Blade Pass Frequency and Effects; and Exhibit 6 - Shirley Wind Study Infrasound Graphs

3979-4040

82.

09/11/18

Pre-filed Testimony of Jerry L. Punch; Exhibit 1 - Curriculum Vitae; and Exhibit 2 - Wind Turbine Noise and Human Health: a Four-Decade History of Evidence that Wind Turbines Pose Risks

4041-4157

83.

09/11/18

Pre-filed Testimony of Prof. Mariana Alves-Pereira; Exhibit 1 - Curriculum Vitae 2018; Exhibit 1a - Annex to Curriculum Vitae - List of Publications; Exhibit 2 - Pictorial Explanation of the dBA Metric; Exhibit 3 - Neurological Manifestations Among US Government Personnel Reporting Directional Audible and Sensory Phenomena in Havana, Cuba; Exhibit 4 - Occupational and Residential Exposures to Infrasound and Low Frequency Noise in Aerospace Professionals: Flawed Assumptions, Inappropriate Quantification of Acoustic Environments, and the Inability to Determine Dose-Response Values; Exhibit 5: lnfrasound and Low Frequency Noise - Shall We Measure It Properly?; Exhibit 6 - An Evaluation of Environmental, Biological and Health Data From the Island of Vieques, Puerto Rico; Exhibit 7 - Vibroacoustic Disease: Biological Effects of Infrasound and Low-Frequency Noise Explained by Mechanotransduction Cellular Signalling; Exhibit 8 - Vibroacoustic Disease I: The Personal Experience of a Motorman; Exhibit 9 - Vibroacoustic Disease and Respiratory Pathology Ill - Tracheal and Bronchial Lesions; Exhibit 10 - Vibroacoustic Disease in a Ten Year Old Male; and Certificate of Service

4158-4689

84.

09/11/18

Order For and Notice of Evidentiary Hearing

4690-4691

85.

09/11/18

Karen D. Jenkins' Letter regarding Testimony

4692

86.

09/13/18

Intervenors' Motion to Have Witnesses Appear Telephonically; and Certificate of Service

4693-4696

87.

09/14/18

Prevailing Wind Park, LLC's Letter regarding Answer to the Application for Party Status of Kelli Pazour; Applicant's Answer to the Application for Party Status of Kelli Pazour; and Certificate of Service

4697-4703

88.

09/14/18

Prevailing Wind Park, LLC's Letter regarding Motion to Exclude Lay Testimony, to Quash Subpoenas and to Require Further Disclosures; Applicant's Motion to Exclude Lay Testimony, to Quash Subpoenas and to Require Further Disclosures; Attachment A - Subpoenas Duces Tecum for Bon Homme County, Charles Mix County, Hutchinson County and Brian McGinnis, a Community Development Specialist with District III; Attachment B - Applicant’s Affidavit and Its August 22, 2018 Letter to the Commission; and Certificate of Service

4704-4733

89.

09/14/18

Staff's Response to Late Intervention; Attachment 1 - Portion of Transcript from Public Input Hearing; and Certificate of Service

4734-4740

90.

09/14/18

Order For and Notice of Ad Hoc Motions Hearing

4741-4742

91.

09/18/18

PUC Commission Meeting Agenda

4743-4747

92.

09/18/18

PUC Commission Meeting Minutes

4748-4750

93.

09/18/18

Transcript of PUC Commission Meeting for Docket EL18-026

4751-4773

94.

09/19/18

Staff's Response to Applicant's Motion to Exclude Lay Testimony, to Quash Subpoenas and to Require Further Disclosures; Attachment 1 - Applicant's First Set of Data Requests to Intervenor Gregg Hubner; and Certificate of Service

4774-4781

95.

09/19/18

PUC Staff's Second Set of Data Requests to Intervenors Mr. Reece M. Almond - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder Certificate of Service 

4782

96.

09/19/18

Prevailing Wind Park, LLC's Letter regarding Applicant’s Response to Intervenors’ Motion to Have Witnesses Appear Telephonically; Applicant’s Response to Intervenors’ Motion to Have Witnesses Appear Telephonically; and Certificate of Service

4783-4788

97.

09/19/18

Intervenors' Response to Applicant's Motion to Exclude Lay Testimony, to Quash Subpoenas and to Require Further Lay Disclosures (Reese Almond - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder ); Intervenors' First Amended Disclosure of Lay Witnesses; and Certificate of Service

4789-4800

98.

09/20/18

PUC Staff's Fourth and Fifth Set of Data Requests to Applicant Certificate of Service

4801

99.

09/20/18

Intervenor Response to Applicant's Motion to Exclude Lay Testimony, to Quash Subpoenas, and to Require Further Lay Disclosures (Karen Jenkins)

4802-4803

100.

09/21/18

Order Granting Late Party Status (Kelli Pazour)

4804

101.

09/21/18

PUC Commission Meeting Agenda

4805-4806

102.

09/21/18

PUC Commission Meeting Minutes

4807

103.

09/21/18

Transcript of PUC Commission Meeting for Docket EL18-026

4808-4847

104.

09/26/18

Intervenor's Subpoena for Testimony at Evidentiary Hearing to Michael Soukup (Reese Almond - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder); and Certificate of Service

4848-4851

105.

09/26/18

Intervenor's Subpoena for Testimony at Evidentiary Hearing to Keith Mushitz (Reese Almond - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder); and Certificate of Service

4852-4855

106.

09/26/18

Sherman Fuerniss - Response of Sherman Fuerniss to Direct Testimonies; Expert Review of the NHMRC Draft Information Paper, "Evidence on Wind Farms and Human Health"; Open Letter to the Members of the Panel Developing the WHO Environmental Noise Guidelines for the European Region; and Certificate of Service

4856-4883

107.

09/26/18

Prevailing Wind Park, LLC's Letter regarding Rebuttal Testimonies and Exhibits and Applicant's Lay Witness Disclosures; Applicant's Disclosure of Lay Witnesses; and Certificate of Service

4884-4890

108.

09/26/18

Pre-Filed Rebuttal Testimony of Bridget Canty; Exhibit 1 - Burns & McDonnell Memorandum, Potential House Field Review; and Exhibit 2 - Revised Layout

4891-4902

109.

09/26/18

Pre-Filed Rebuttal Testimony of Dr. Jeffrey Ellenbogen; and Exhibit 1 - Curriculum Vitae

4903-4922

110.

09/26/18

Pre-Filed Rebuttal Testimony of Aaron Anderson; and Exhibit 1 - Results of Updated Shadow Flicker Analysis

4923-4940

111.

 

Pre-Filed Rebuttal Testimony of Dr. Mark Roberts; Exhibit 1 - Ministry for the Environment, Climate and Energy of the Federal State of Baden-Wuerttemberg, Germany (2016) - Low-frequency Noise Incl. Infrasound from Wind Turbines and Other Sources - LUBW Landesanstalt Fur Umwelt, Messungen and Naturschutz Baden-Wuerttemberg; Exhibit 2 - Akira Shimada and Mimi Nameki (2017) - Evaluation of WindTurbine Noise in Japan - Ministry of the Environment of Japan; Exhibit 3 - Danish Energy Agency (2009) - Wind Turbines in Denmark; Exhibit 4 - Frits van den Berg, Public Health Service Amsterdam, and Irenevan Kamp, National Institute for Public Health and the Environment (2017) - Health Effects Related to Wind Turbine Sound - Swiss Federal Office for the Environment; Exhibit 5 - Stephen Chiles (2010) - A New Wind Farm Noise Standard for New Zealand, NZS 6808:2010 - Proceedings of 20th International Congress on Acoustics, ICA 2010; Exhibit 6 - Eja Pedersen, Högskolan i Halmstad (2003) - Noise Annoyance 116 from Wind Turbines - A Review. Swedish Environmental Protection Agency; Exhibit 7 - Hitomi Kimura, Yoshinori Momose, Hiroya Deguchi, and Nameki, Mimi (2016) - Investigation, Prediction, and Evaluation of Wind Turbine Noise in Japan. Ministry of the Environment of Japan; Exhibit 8 - C. Yan, K. Fu and W. Xu. On Cuba, Diplomats, Ultrasound, and Intermodulation Distortion - University of Michigan Tech Report. March 1,2018; Exhibit 9 - Crichton, F., et al. (2014) - The Link Between Health Complaints and Wind Turbines - Support for the Nocebo Expectations Hypothesis - Frontiers in Public Health 2:220; Exhibit 10 - Enck, P., et al. "New Insights Into the Placebo and Nocebo
Responses," Neuron (July 31, 2008) - Vol. 59, No. 2, pp. 195-206; and Exhibit 11 - Colloca, L. (2017) - Nocebo Effects Can Make You Feel Pain -Negative Expectancies Derived From Features of Commercial Drugs ElicitNocebo Effects - Science, 358(6359): 44

4941-5240

112.

09/26/18

Pre-Filed Rebuttal Testimony of Peter Pawlowski

5241-5247

113.

09/26/18

Pre-Filed Rebuttal Testimony of Chris Howell; and Exhibit 1 - Memorandum Regarding Updated Modeling Results - Prevailing Wind Park

5248-5267

114.

09/26/18

Pre-Filed Rebuttal Testimony of Michael MaRous

5268-5273

115.

09/26/18

Pre-Filed Rebuttal Testimony of Scott Creech; and Exhibit 1 - Resume

5274-5281

116.

09/28/18

PUC Staff's Sixth Set of Data Requests to Applicant Certificate of Service

5282

117.

09/28/18

PUC Staff's Second Set of Data Requests to Intervenor Sherman Fuerniss Certificate of Service

5283

118.

10/01/18

Order Granting Motion for Telephonic Testimony and Order Denying Motion to Exclude Lay Testimonies and Quashing Subpoenas

5284-5285

119.

10/01/18

Intervenor's Subpoena for Testimony at Evidentiary Hearing to Jack Soulek (Reese Almond - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder); and Certificate of Service

5286-5289

120.

10/01/18

EL18-026 - Pre-filed Exhibits and Witness Lists for Evidentiary Hearing (PUC Website) http://puc.sd.gov/Dockets/Electric/2018/el18-026prefiledexhibits.aspx

5290-5295

121.

10/01/18

Staff's Letter regarding Witness and Exhibits List; Staff's Witness List and Exhibit List; Exhibit S1 - Darren Kearney Pre-filed Testimony and Exhibits; Exhibit S1 - Darren Kearney Pre-filed Testimony and Exhibits Confidential (not available to the public); Exhibit S2 - David Lawrence Pre-filed Testimony and Exhibits; Exhibit S3 - David M. Hessler Pre-filed Testimony and Exhibit; Exhibit S4 - Additional Data Requests; and Certificate of Service

5296-5684

5685-6070
Confidential

6071-6147

122.

10/01/18

Sherman Fuerniss Exhibits - Exhibit 1 - Dr. Visit 1; Exhibit 2 - Dr. Visit 2; Exhibit 3 - PV Map 4-2018 Red on Green 1; Exhibit 4 - PV Map 4-2018 Red on Green 2; Exhibit 5 - WHO-Noise-2015-Open-Letter; Exhibit 6 - NHMRC Review; Exhibit 7 - Low Frequency Noise-From-Large-Wind-Turbines; Exhibit 8 - Colin Hansen Correspondence; Exhibit 9 - Vesta Operation Manual; Exhibit 10 - B&McD Response to Noise Peer Review 7-3-2018; and Exhibit 11 - IMG_20181001_115514

6148-6240

123.

10/01/18

Prevailing Wind Park, LLC's Letter regarding Witness and Exhibits List; Applicant's Witness List & Exhibit List; Exhibit A1 - Application to the South Dakota Public Utilities Commission for a Facility Permit Submitted by Prevailing Wind Park, LLC, Including Appendices A-T; Appendix R - Cultural Resources Literature Search Confidential (not available to the public); Exhibit A2 - Direct Testimony of Aaron Anderson; Exhibit A2-1 - Exhibit 1 - Curriculum Vitae; Exhibit A3 - Rebuttal Testimony of Aaron Anderson; Exhibit A3-1 - Exhibit 1- Results of Updated Shadow Flicker Analysis; Exhibit A4 - Supplemental Direct Testimony of Dr. Mark Roberts; Exhibit A4-1 - Exhibit 1 - Statement of Qualifications; Exhibit A4-2 - Exhibit 2 - Australian National Health and Medical Research Council (2010) - Wind Turbines and Health - A Rapid Review of the Evidence; Exhibit A4-2a - Exhibit 2a - Australian National Health and Medical Research Council (2014) - Review of Additional Evidence for NHMRC Information Paper - Evidence on Wind Farms and Human Health - Final Report; Exhibit A4-2b - Exhibit 2b - Australian National Health and Medical Research Council (2015) - NHMRC Statement: Evidence on Wind Farms and Human Health; Exhibit A4-2c - Exhibit 2c - Australian National Health and Medical Research Council (2015) - Systematic Review of the Human Health Effects of Wind Farms; Exhibit A4-3 - Exhibit 3 - French National Agency for Food Safety, Environment and Labor 100 (“ANSES”) (2017) - ANSES Opinion regarding the Expert Appraisal on the “Assessment of the Health Effects of Low-Frequency Sounds and Infrasounds from Wind Farms”; Exhibit A4-4 - Exhibit 4 - Wisconsin Wind Siting Council (2014) - Wind Turbine Siting - Health Review and Wind Siting Policy Update; Exhibit A4-5 - Exhibit 5 - Joseph Rand and Ben Hoen (2017) - Thirty Years of North American Wind Energy Acceptance Research - What Have We Learned? - Energy Analysis and Environmental Impacts Division, Lawrence Berkeley National Laboratory, Electricity Markets and Policy Group; Exhibit A4-6 - Exhibit 6 - Public Service Commission of Wisconsin (2015) - Review of Studies and Literature Relating to Wind Turbines and Human Health - Prepared for the Wisconsin State Legislature; Exhibit A4-7 - Exhibit 7 - Massachusetts Departments of Environmental Protection and Public Health (2012) - Wind Turbine Health Impact Study - Report of the Independent Expert Panel; Exhibit A4-8 - Exhibit 8 - Letter, Kim Malsam-Rysdon, Secretary of Health, South Dakota Department of Health (Oct. 13, 2017) - In the Matter of the Application by Crocker Wind Farm, LLC for a Permit of a Wind Energy Facility and a 345 kV Transmission Line in Clark County, South Dakota, for Crocker Wind Farm - Docket No. EL17-055; Exhibit A5-1 - Exhibit 1 - Ministry for the Environment, Climate and Energy of the Federal State of Baden- Wuerttemberg, Germany (2016) - Low-frequency Noise Incl. Infrasound from Wind Turbines and Other Sources - LUBW Landesanstalt Fur Umwelt, Messungen and Naturschutz Baden- Wuerttemberg; Exhibit A5-2 - Exhibit 2 - Akira Shimada and Mimi Nameki (2017) - Evaluation of Wind Turbine Noise in Japan - Ministry of the Environment of Japan; Exhibit A5-3 - Exhibit 3 - Danish Energy Agency (2009) - Wind Turbines in Denmark; Exhibit A5-4 - Exhibit 4 - Frits van den Berg, Public Health Service Amsterdam, and Irene van Kamp, National Institute for Public Health and the Environment (2017) - Health Effects Related to Wind Turbine Sound - Swiss Federal Office for the Environment; Exhibit A5-5 - Exhibit 5 - Stephen Chiles (2010) - A New Wind Farm Noise Standard for New Zealand, NZS 6808:2010 - Proceedings of 20th International Congress on Acoustics, ICA 2010; Exhibit A5-6 - Exhibit 6 - Eja Pedersen, Högskolan i Halmstad (2003) - Noise Annoyance from Wind Turbines - A Review - Swedish Environmental Protection Agency; Exhibit A5-7 - Exhibit 7 - Hitomi Kimura, Yoshinori Momose, Hiroya Deguchi, and Nameki, Mimi (2016) - Investigation, Prediction, and Evaluation of Wind Turbine Noise in Japan - Ministry of the Environment of Japan; Exhibit A5-8 - Exhibit 8 - C. Yan, K. Fu and W. Xu - On Cuba, Diplomats, Ultrasound, and Intermodulation Distortion - University of Michigan Tech Report - March 1, 2018; Exhibit A5-9 - Exhibit 9 - Crichton, F., Et Al. (2014) - The Link Between Health Complaints and Wind Turbines - Support for the Nocebo Expectations Hypothesis - Frontiers in Public Health 2:220; Exhibit A5-10 - Exhibit 10 - Enck, P., Et Al. “New Insights Into the Placebo and Nocebo Responses,” Neuron (July 31, 2008) - Vol. 59, No. 2, pp. 195-206; Exhibit A5-11 - Exhibit 11 - Colloca, L. (2017) - Nocebo Effects Can Make You Feel Pain - Negative Expectancies Derived From Features of Commercial Drugs Elicit Nocebo Effects - Science, 358(6359): 44; Exhibit A6 - Supplemental Direct Testimony of Peter Pawlowski; Exhibit A6-1 - Exhibit 1 – Resume; Exhibit A6-2 Exhibit 2 - Example of a Federal Aviation Administration (“FAA”) Determination of No Hazard for a Project Turbine Location; Exhibit A6-3 - Exhibit 3 - Direct Testimony of James Damon; Exhibit A7 - Rebuttal Testimony of Peter Pawlowski; Exhibit A8 - Direct Testimony of Keith Thorstad; Exhibit A8-1 - Exhibit 1 – Resume; Exhibit A9 - Direct Testimony of Chris Howell; Exhibit A9-1 - Exhibit 1 - Curriculum Vitae; Exhibit A10 - Rebuttal Testimony of Chris Howell; Exhibit A10-1 - Exhibit 1 - Memorandum Regarding Updated Modeling Results - Prevailing Wind Park; Exhibit A11 - Supplemental Direct Testimony of Daniel Pardo; Exhibit A11-1 - Exhibit 1 - Statement of Qualifications; Exhibit A11-2 - Exhibit 2 - Decommissioning Cost Analysis; Exhibit A12 - Direct Testimony of Bridget Canty; Exhibit A12-1 - Exhibit 1 – Resume; Exhibit A13 - Supplemental Direct Testimony of Bridget Canty; Exhibit A13-1 - Exhibit 1 - NTIA Correspondence regarding the Project, Dated June 7, 2018; Exhibit A14 - Rebuttal Testimony of Bridget Canty; Exhibit A14-1 - Exhibit 1- Burns & McDonnell Memorandum, Potential House Field Review; Exhibit A14-2 - Exhibit 2 - Revised Layout; Exhibit A15 - Supplemental Direct Testimony of Michael MaRous; Exhibit A15-1 - Exhibit 1 - Statement of Qualifications & August 10, 2018, Market Impact Analysis; Exhibit A15-2 - Exhibit 2 - Brian Guerin, Jason Moore, Jamie Stata, and Scott Bradfield (2012) - Impact of Industrial Wind Turbines on Residential Property Assessment in Ontario - 2012 Assessment Base Year Study - Municipal Property Assessment Corporation; Exhibit A15-3 - Exhibit 3 - Jason Moore, Jamie Stata, and Scott Bradfield (2016) - Impact of Industrial Wind Turbines on Residential Property Assessment in Ontario - 2016 Assessment Base Year Study - Municipal Property Assessment Corporation; Exhibit A15-4 - Exhibit 4 - Corey Lang and James Opaluch (2013) - Effects of Wind Turbines on Property Values in Rhode Island - Environmental and Natural Resource Economics, University of Rhode Island; Exhibit A15-5 - Exhibit 5 - Richard J. Vyn and Ryan M. McCullough (2013) - The Effects of Wind Turbines on Property Values in Ontario - Does Public Perception Match Empirical Evidence? - University of Guelph, Canada; Exhibit A15-6 - Exhibit 6 - Carol Atkinson-Palombo and Ben Hoen (2014) - Relationship between Wind Turbines and Residential Property Values in Massachusetts - University of Connecticut and Lawrence Berkeley National Laboratory; Exhibit A15-7 - Exhibit 7 - Surrebuttal Testimony of David Lawrence on Behalf of the Staff of the South Dakota Public Utilities Commission, In Re the Matter of the Application by Dakota Range I, LLC and Dakota Range II, LLC for a Permit of a Wind Energy Facility in Grant County and Codington County, South Dakota, for the Dakota Range Wind Project - Docket No. EL 18-003; Exhibit A16 - Rebuttal Testimony of Michael MaRous; Exhibit A17 - Rebuttal Testimony of Scott Creech; Exhibit A17-1 - Exhibit 1 – Resume; Exhibit A18 - Rebuttal Testimony of Dr. Jeffrey Ellenbogen; Exhibit A18-1 - Exhibit 1 - Statement of Qualifications; Exhibit A19 - Applicant’s Disclosure of Lay Witnesses; Exhibit A21-1 - Applicant’s Responses to Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s First Set of Data Requests; Exhibit A21-2 - Applicant’s Responses to Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Second Set of Data Requests; Exhibit A22-1 - Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Responses to Applicant’s First Set of Data Requests; Exhibit A23 - Intervenor Sherman Fuerniss’ Responses to Applicant’s First Set of Data Requests; and Certificate of Service

6241-9198

124.

10/01/18

Reece M. Almond, Davenport, Evans, Hurwitz & Smith LLP - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder - Intervenors' Witness List and Exhibit List; and Certificate of Service

9199-9204

125.

10/02/18

Reece M. Almond, Davenport, Evans, Hurwitz & Smith LLP - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder - Exhibit I-1 - Pre-filed Testimony of Richard James; Exhibit I-1a - Exhibit 1 - Bio Materials; Exhibit I-1b - Exhibit 2- Noise – Windfarms; Exhibit I-1c - Exhibit 3 - A Possible Criterion for Wind Farms; Exhibit I-1d -Exhibit 4- A Theory to Explain Some Physiological Effects of the Infrasonic Emissions at Some Wind Farm Sites; Exhibit I-1e -Exhibit 5 - Summary of Wind Turbine Blade Pass Frequency and Effects; Exhibit I-1f - Exhibit 6 - Shirley Wind Study Infrasound Graphs; Exhibit I-2 - Pre-filed Testimony of Jerry Punch; Exhibit I-2a -Exhibit 1 - Curriculum Vitae; Exhibit I-2b -Exhibit 2 - Wind Turbine Noise and Human Health: A Four-Decade History of Evidence that Wind Turbines Pose Risks; Exhibit I-3 - Pre-filed Testimony of Mariana Alves-Pereira; Exhibit I-3a - Exhibit 1 - Curriculum Vitae; Exhibit I-3b - Exhibit 1a - List of Publications; Exhibit I-3c - Exhibit 2 - Pictorial Explanation of the dBA Metric; Exhibit I-3d - Exhibit 3 - Neurological Manifestations Among US Government Personnel Reporting Directional Audible and Sensory Phenomena in Havana, Cuba; Exhibit I-3e - Exhibit 4 - Occupational and Residential Exposures to Infrasound and Low Frequency Noise in Aerospace Professionals - Flawed Assumptions, Inappropriate Quantification of Acoustic Environments, and the Inability to Determine Dosef Response Values; Exhibit I-3f - Exhibit 5 - Infrasound and Low Frequency Noise - Shall We Measure It Properly?; Exhibit I-3g - Exhibit 6 - An Evaluation of Environmental, Biological and Health Data from the Island of Vieques, Puerto Rico; Exhibit I-3h - Exhibit 7 - Vibroacoustic Disease: Biological Effects of Infrasound and Low Frequency Noise Explained by Mechanotransduction Cellular Signaling; Exhibit I-3i - Exhibit 8 - Vibroacoustic Disease I - The Personal Experience of a Motorman; Exhibit I-3j - Exhibit 9 - Vibroacoustic Disease and Respiratory Pathology III-Tracheal and Bronchial Lesions; Exhibit I-3k -Exhibit 10 - Vibroacoustic Disease in a Ten Year Old Male; Exhibit I-4 - Google Maps View of Vicki May's Residence and Turbines; Exhibit I-5 - Decibel Readings Taken in 2016 and 2017 By Vicki May-Lynch, NE; ExhibitI-6 - 5 Videos Taken by Vicki May on 9/25/2018 Around Her Residence (Exhibits 1-6a through 1-6e) - Exhibit I-6a - May Video 1; Exhibit I-6b - Vicki May Video 2; Exhibit I-6c - Vicki May Video 3; Exhibit I-6d - Vicki May Video 4; Exhibit I-6e - Vicki May Video 5; Exhibit I-7 - Audio Clip Recording Taken By Vicki May on 7/28/2018; Exhibit I-8 - Google Maps View of Scott Rueter's Former Residence (1341 Yew Ave., Harris, IA) and Turbines; Exhibit I-9 - Video of Turbines Located Around Scott Rueter's Farmhouse (Previous Residence) Taken on November 22, 2016; Exhibit I-10 - Video of Malfunctioning Turbine on Scott Rueter's Property (Section 21, Fairview Township, Osceola County, Iowa) Taken on June 5, 2017; Exhibit I-11 - Google Maps View of Sherm and Lori Fuerniss Residence; Exhibit I-12 - Photo of Malfunctioned/Burnt Turbine on Scott Rueter's Property; ExhibitI-13 - Google Maps View of Kevin Andersh's Residence; Exhibit I-14 - Bon Homme County Zoning Ordinance; Exhibit I-15 - GE Publication - Ice Shedding and Ice Throw Risk and Mitigation; Exhibit I-18 - sPower Brochure; Exhibit I-20 - Bon Homme Wind Ordinance Explained; Exhibit I-21 - Google Earth - Beethoven and PWP; Exhibit I-22 - 8/22/2018 Letter From Charles Mix County Along with Affidavit of Peter Pawlowski; Exhibit I-23 - PUC Draft Model Ordinance; Exhibit I-24 - 10/28/2015 Email from Roland Jurgens to Eric Elsberry; Exhibit I-25 -Rebuttal Exhibits for Mariana Alves-Pereira (Exhibits I-25a through I-25f); Exhibit I-25a -In-Home Wind Turbine Noise Is Conducive to Vibroacoustic Disease; Exhibit I-25b - Family With Wind Turbines in Close Proximity to Home - Follow-up of the Case Presented in 2007; Exhibit I-25c -Low Frequency Noise-Induced Pathology: Contributions Provided by the Portuguese Wind Turbine Case; Exhibit I-25d -Clinical Protocol for Evaluating Pathology Induced by Low Frequency Noise Exposure; Exhibit I-25e -Case Report - Cross-Sensitisation to Infrasound and Low Frequency Noise; Exhibit I-25f - Letter to the Editor Re - 'How the Factoid of Wind Turbines Causing Vibroacoustic Disease Came to be Irrefutably Demonstrated'; Exhibit I-26 -Applicant's Responses to Intervenors' 1st Set of Data Requests; Exhibit I-27 -Applicant's Responses to Intervenors' 2nd Set of Data Requests; Exhibit I-31 -WHO Night Noise Guidelines for Europe (2009); Exhibit I-32 -Guidelines for Community Noise (1999); and Exhibit I-33 -The Environment and Disease - Association or Causation?

9205-10446

Pages Bate Number are audio and video clips located below:
9938
9939
9940
9941
9942
9943
and
9945
9946

126.

10/02/18

Karen Jenkins Exhibits - Amended Response to Staff's First Set of Data Requests to Intervenors; Wind Turbine Noise 2013Provisional Programme; South Dakota Game, Fish and Parks' Siting Guidelines for Wind Power Projects in South Dakota; Seventh International Conference on Wind Turbine Noise - Rotterdam 2nd to 5th May 2017 - Post Conference Report; and Response to Applicant's First Set of Data Request to Intervenor

10447-10485

127.

10/03/18

Exhibit I-34 -Intervenors' Responses to Staff's 2nd Set of Data Requests

10486-10499

128.

10/04/18

Prevailing Wind Park, LLC's Letter regarding Corrected Exhibit A5; Exhibit A5 - Rebuttal Testimony of Dr. Mark Roberts; and Certificate of Service

10500-10533

129.

10/04/18

Intervenor's Subpoena for Testimony at Evidentiary Hearing to Eric Elsberry (Reese Almond - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder); and Certificate of Service

10534-10537

130.

10/04/18

Eric Elsberry's Admission of Service of Subpoena

10538

131.

10/04/18

Charles Mix County Sheriff Office's Return of Service for Keith Mushitz

10539

132.

10/04/18

Michael Soukup's Admission of Service of Subpoena

10540

133.

10/04/18

Karen Jenkins Additional Exhibits - DR1 Response to Applicant Email to Cliff Tjaden 8-15-2018 With Questions; DR1 Response to Applicant Email to Cliff Tjaden to Forward to Zoning Board; DR1 Response to Applicant Email to Cliff Tjaden 8-15-2018; DR1 Response to Applicant Hutchinson County Public Hearing 9-4-2018 - My Comments Given; DR1 Response to Applicant Email from Cliff Tjaden 9-15-2018; DR1 Response to Applicant - 8-6-2018 Hutchinson County Regular Meeting Minutes; DR1 Response to Applicant Comments Presented to Bon Homme County Zoning 9-17-2017; Amended Response to Applicants First Set of Data Requests to Intervenors; and Response to Staff's First Set of Data Requests to Intervenors

10541-10560

134.

10/05/18

Intervenors' Corrected Exhibit I-16; and Additional Exhibit I-17 (Reece M. Almond, Davenport, Evans, Hurwitz & Smith LLP - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder)

10561-10581

135.

10/05/18

Sherman Fuerniss Additional Exhibits - Staff's First Set of Data Requests to Sherman Fuerniss; and Staff's Second Set of Data Requests to Sherman Fuerniss

10582-10588

136.

10/05/18

PUC Staff's Response to Intervenors' First Data Request Certificate of Service

10589

137.

10/09/18

Intervenors' Opposition to Having Exhibits I-16 and I-17 be Confidential; and Certificate of Service

10590-10595

138.

10/09/18

Exhibit I-16 - Lease Payment Calculations and Land Use Area - Provided to Gregg Hubner to Entice Him to Sign Up for the Project; Exhibit I-17 - Wind Energy Lease and Wind Easement Agreement - Blank Form; Corrected Exhibit I-19 - How Does PW Decide Where Turbines Will Go?; Exhibit I-28 -Applicant's Responses to Intervenors' 3rd Set of Data Requests; Exhibit I-29 - Applicant's Responses to Intervenors' 4th Set of Data Requests; Exhibit I-30 - PUC Staffs Responses to Intervenors' 1st Set of Data Requests; and Exhibit I-35 - Wind Turbines - Is There a Human Health Risk?

10596-10651

139.

10/09/18

Prevailing Wind Park, LLC's Letter regarding Exhibits A3-2; A10-2; A20-1; A20-2; A22-2; A22-3; A24; A25; A27; A28; A29; A30; A31; A32; A33; Certificate of Service Exhibits A3-2; A10-2; A20-1; A20-2; A22-2; A22-3; A24; A25; A27; A28; A29; A30; A31; A32; A33; Exhibit A3-2 - Exhibit 2 - Updated Shadow Flicker Analysis; Exhibit A10-2 - Exhibit 2 - Updated Sound Study; Prevailing Wind Park, LLC's Letter regarding Exhibits A16R; Exhibit A16R - Revised Rebuttal Testimony of Michael MaRous; Certificate of Service Exhibit A16R; Exhibit A20-1 - Applicant’s Responses to Staff’s Fifth Set of Data Requests; Exhibit A20-2 - Applicant’s Responses to Staff’s Sixth Set of Data Requests; Exhibit A22-2 - Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Responses to Applicant’s Second Set of Data Requests; Exhibit A22-3 - Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Responses to Applicant’s Third Set of Data Requests; Exhibit A23 - Intervenor Sherman Fuerniss’ Responses to Applicant’s First Set of Data Requests; Exhibit A24 - Intervenor Kelli Pazour’s Responses to Applicant’s First Set of Data Requests; Exhibit A25 - Intervenor Karen Jenkins’ Responses to Applicant’s First Set of Data Requests; Exhibit A27 - Intervenor Sherman Fuerniss’ Responses to Staff’s Second Set of Data Requests; Exhibit A28 - Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Responses to Staff’s Second Set of Data Requests; Exhibit A29 - Figure 10; Exhibit A30 - Applicant’s Supplemental Responses to Staff’s Data Requests; Exhibit A31 - Applicant’s Updated Responses to Intervenors’ Data Requests; Exhibit A32 - Permit Conditions Jointly Proposed by Applicant and Staff; Exhibit A33 - Applicant’s Proposed Conditions; and Certificate of Service

10652-11119

140.

10/09/18

Staff's Letter regarding Exhibit S5; and Exhibit S5 - Additional Data Requests

11120-11147

141.

10/09/18

Evidentiary Hearing – Sign In Sheets; and Transcript

11148-11528

142.

10/10/18

Prevailing Wind Park, LLC's Letter regarding Exhibits 34 and 35; Exhibit A34 - Safety Manual Confidential (not available to the public); Exhibit A35 - Operating Manual Confidential (not available to the public); and
Certificate of Service

11529-11530

11531-11637
Confidential

11638-11639

143.

10/10/18

Evidentiary Hearing – Sign In Sheets; and Transcript

11640-12002

144.

10/10/18

Sherman Fuerniss Additional Exhibits - Applicant's First Set of Data Requests to Intervenor Sherman Fuerniss; and Response of Sherman Fuerniss to Direct Testimonies

12003-12012

145.

10/11/18

Evidentiary Hearing – Sign In Sheets; and Transcript

12013-12413

146.

10/11/18

Reece M. Almond, Davenport, Evans, Hurwitz & Smith LLP - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder - Exhibit I-36 - 12-12-24 Team Report from Wis PSC Infrasound Study at Shirley Wind; and Exhibit I-37 - Hessler publication - Wind Turbine Noise-Recommended Design Goals

12414-12433

147.

10/11/18

Comments of Dave and Carol Eggers; Attachment; Commissioner Fiegen's Response to Dave and Carol Eggers; Comments of David Mogck; Attachment; Commissioner Fiegen's Response to David Mogck; Comments of Dave and Carol Eggers Confidential  (not available to the public); Attachment Confidential (not available to the public); Commissioner Fiegen's Response to Dave and Carol Eggers Confidential (not available to the public); Comments of David Mogck Confidential (not available to the public); Attachment Confidential (not available to the public); and Commissioner Fiegen's Response to David Mogck Confidential (not available to the public)

12434-12440

12441-12447
Confidential

148.

10/12/18

Evidentiary Hearing – Sign In Sheets; and Transcript

12448-12678

149.

10/12/18

Prevailing Wind Park, LLC's Letter regarding Exhibits A36, A37, A38, A39, A40 and Updated Exhibit I-29, Attachment 4-2 Project Layout; Exhibit A36: Williams v. Invenergy, LLC, 2016 WL 1275990 (D. Oregon, April 28, 2016) Exhibit A37: Ownership Structure of Prevailing Wind Park, LLC; Exhibit A38: Turbine Number Key; Exhibit A39: Michaud et al., Effects of Wind Turbine Noise on Self-Reported and Objective Measures of Sleep (2016); Exhibit A40: Hearing and Vibrotactile Thresholds Table; and Certificate of Service

12679-12719

150.

10/12/18

Prevailing Wind Park, LLC's Letter regarding Exhibit A41: Rueter v. Osceola Windpower, LLC, Case No. 16-2088 (Iowa Ct. App, Nov. 8, 2017); Exhibit A41: Rueter v. Osceola Windpower, LLC, Case No. 16-2088 (Iowa Ct. App, Nov. 8, 2017); and Certificate of Service

12720-12727

151.

10/12/18

Prevailing Wind Park, LLC's Letter regarding Revised Exhibit I-29, Attachment 4-2 Project Layout; Updated Exhibit I-29, Attachment 4-2 Project Layout; and Certificate of Service

12728-12731

152.

10/12/18

EL18-026 - Evidentiary Hearing Exhibits (PUC Website)
http://puc.sd.gov/Dockets/Electric/2018/el18-026evidentiaryexhibits.aspx

12732-12735

153.

10/12/18

Evidentiary Hearing Exhibits - Prevailing Wind Park, LLC - Exhibit A1 - Application to the South Dakota Public Utilities Commission for a Facility Permit Submitted by Prevailing Wind Park, LLC, Including Appendices A-T; Appendix R - Cultural Resources Literature Search Confidential (not available to the public); Exhibit A2 - Direct Testimony of Aaron Anderson; Exhibit A2-1 - Exhibit 1 - Curriculum Vitae; Exhibit A3 - Rebuttal Testimony of Aaron Anderson; Exhibit A3-1 - Exhibit 1- Results of Updated Shadow Flicker Analysis; Exhibit A3-2 - Exhibit 2 - Updated Shadow Flicker Analysis; Exhibit A4 - Supplemental Direct Testimony of Dr. Mark Roberts; Exhibit A4-1 - Exhibit 1 - Statement of Qualifications; Exhibit A4-2 - Exhibit 2 - Australian National Health and Medical Research Council (2010) - Wind Turbines and Health - A Rapid Review of the Evidence; Exhibit A4-2a - Exhibit 2a - Australian National Health and Medical Research Council (2014) - Review of Additional Evidence for NHMRC Information Paper - Evidence on Wind Farms and Human Health - Final Report; Exhibit A4-2b - Exhibit 2b - Australian National Health and Medical Research Council (2015) - NHMRC Statement: Evidence on Wind Farms and Human Health; Exhibit A4-2c - Exhibit 2c - Australian National Health and Medical Research Council (2015) - Systematic Review of the Human Health Effects of Wind Farms; ◦Exhibit A4-3 - Exhibit 3 - French National Agency for Food Safety, Environment and Labor 100 (“ANSES”) (2017) - ANSES Opinion regarding the Expert Appraisal on the “Assessment of the Health Effects of Low-Frequency Sounds and Infrasounds from Wind Farms”; Exhibit A4-4 - Exhibit 4 - Wisconsin Wind Siting Council (2014) - Wind Turbine Siting - Health Review and Wind Siting Policy Update; Exhibit A4-5 - Exhibit 5 - Joseph Rand and Ben Hoen (2017) - Thirty Years of North American Wind Energy Acceptance Research - What Have We Learned? - Energy Analysis and Environmental Impacts Division, Lawrence Berkeley National Laboratory, Electricity Markets and Policy Group; Exhibit A4-6 - Exhibit 6 - Public Service Commission of Wisconsin (2015) - Review of Studies and Literature Relating to Wind Turbines and Human Health - Prepared for the Wisconsin State Legislature; Exhibit A4-7 - Exhibit 7 - Massachusetts Departments of Environmental Protection and Public Health (2012) - Wind Turbine Health Impact Study - Report of the Independent Expert Panel; Exhibit A4-8 - Exhibit 8 - Letter, Kim Malsam-Rysdon, Secretary of Health, South Dakota Department of Health (Oct. 13, 2017) - In the Matter of the Application by Crocker Wind Farm, LLC for a Permit of a Wind Energy Facility and a 345 kV Transmission Line in Clark County, South Dakota, for Crocker Wind Farm - Docket No. EL17-055; Exhibit A5 - Rebuttal Testimony of Dr. Mark Roberts; Exhibit A5-1 - Exhibit 1 - Ministry for the Environment, Climate and Energy of the Federal State of Baden- Wuerttemberg, Germany (2016) - Low-frequency Noise Incl. Infrasound from Wind Turbines and Other Sources - LUBW Landesanstalt Fur Umwelt, Messungen and Naturschutz Baden- Wuerttemberg; Exhibit A5-2 - Exhibit 2 - Akira Shimada and Mimi Nameki (2017) - Evaluation of Wind Turbine Noise in Japan - Ministry of the Environment of Japan; Exhibit A5-3 - Exhibit 3 - Danish Energy Agency (2009) - Wind Turbines in Denmark; Exhibit A5-4 - Exhibit 4 - Frits van den Berg, Public Health Service Amsterdam, and Irene van Kamp, National Institute for Public Health and the Environment (2017) - Health Effects Related to Wind Turbine Sound - Swiss Federal Office for the Environment; Exhibit A5-5 - Exhibit 5 - Stephen Chiles (2010) - A New Wind Farm Noise Standard for New Zealand, NZS 6808:2010 - Proceedings of 20th International Congress on Acoustics, ICA 2010; Exhibit A5-6 - Exhibit 6 - Eja Pedersen, Högskolan i Halmstad (2003) - Noise Annoyance from Wind Turbines - A Review - Swedish Environmental Protection Agency; Exhibit A5-7 - Exhibit 7 - Hitomi Kimura, Yoshinori Momose, Hiroya Deguchi, and Nameki, Mimi (2016) - Investigation, Prediction, and Evaluation of Wind Turbine Noise in Japan - Ministry of the Environment of Japan; Exhibit A5-8 - Exhibit 8 - C. Yan, K. Fu and W. Xu - On Cuba, Diplomats, Ultrasound, and Intermodulation Distortion - University of Michigan Tech Report - March 1, 2018; Exhibit A5-9 - Exhibit 9 - Crichton, F., Et Al. (2014) - The Link Between Health Complaints and Wind Turbines - Support for the Nocebo Expectations Hypothesis - Frontiers in Public Health 2:220; Exhibit A5-10 - Exhibit 10 - Enck, P., Et Al. “New Insights Into the Placebo and Nocebo Responses,” Neuron (July 31, 2008) - Vol. 59, No. 2, pp. 195-206; Exhibit A5-11 - Exhibit 11 - Colloca, L. (2017) - Nocebo Effects Can Make You Feel Pain - Negative Expectancies Derived From Features of Commercial Drugs Elicit Nocebo Effects - Science, 358(6359): 44; Exhibit A6 - Supplemental Direct Testimony of Peter Pawlowski; Exhibit A6-1 - Exhibit 1 – Resume; Exhibit A6-2 Exhibit 2 - Example of a Federal Aviation Administration (“FAA”) Determination of No Hazard for a Project Turbine Location; Exhibit A6-3 - Exhibit 3 - Direct Testimony of James Damon; Exhibit A7 - Rebuttal Testimony of Peter Pawlowski; Exhibit A8 - Direct Testimony of Keith Thorstad; Exhibit A9 - Direct Testimony of Chris Howell; Exhibit A9-1 - Exhibit 1 - Curriculum Vitae; Exhibit A10 - Rebuttal Testimony of Chris Howell; Exhibit A10-1 - Exhibit 1 - Memorandum Regarding Updated Modeling Results - Prevailing Wind Park; Exhibit A10-2 - Exhibit 2 - Updated Sound Study; Exhibit A11 - Supplemental Direct Testimony of Daniel Pardo; Exhibit A11-1 - Exhibit 1 - Statement of Qualifications; Exhibit A11-2 - Exhibit 2 - Decommissioning Cost Analysis; Exhibit A12 - Direct Testimony of Bridget Canty; Exhibit A12-1 - Exhibit 1 – Resume; Exhibit A13 - Supplemental Direct Testimony of Bridget Canty; Exhibit A13-1 - Exhibit 1 - NTIA Correspondence regarding the Project, Dated June 7, 2018; Exhibit A14 - Rebuttal Testimony of Bridget Canty; Exhibit A14-1 - Exhibit 1- Burns & McDonnell Memorandum, Potential House Field Review; Exhibit A14-2 - Exhibit 2 - Revised Layout; Exhibit A15 - Supplemental Direct Testimony of Michael MaRous; Exhibit A15-1 - Exhibit 1 - Statement of Qualifications & August 10, 2018, Market Impact Analysis; Exhibit A15-2 - Exhibit 2 - Brian Guerin, Jason Moore, Jamie Stata, and Scott Bradfield (2012) - Impact of Industrial Wind Turbines on Residential Property Assessment in Ontario - 2012 Assessment Base Year Study - Municipal Property Assessment Corporation; Exhibit A15-3 - Exhibit 3 - Jason Moore, Jamie Stata, and Scott Bradfield (2016) - Impact of Industrial Wind Turbines on Residential Property Assessment in Ontario - 2016 Assessment Base Year Study - Municipal Property Assessment Corporation; Exhibit A15-4 - Exhibit 4 - Corey Lang and James Opaluch (2013) - Effects of Wind Turbines on Property Values in Rhode Island - Environmental and Natural Resource Economics, University of Rhode Island; Exhibit A15-5 - Exhibit 5 - Richard J. Vyn and Ryan M. McCullough (2013) - The Effects of Wind Turbines on Property Values in Ontario - Does Public Perception Match Empirical Evidence? - University of Guelph, Canada; Exhibit A15-6 - Exhibit 6 - Carol Atkinson-Palombo and Ben Hoen (2014) - Relationship between Wind Turbines and Residential Property Values in Massachusetts - University of Connecticut and Lawrence Berkeley National Laboratory; Exhibit A15-7 - Exhibit 7 - Surrebuttal Testimony of David Lawrence on Behalf of the Staff of the South Dakota Public Utilities Commission, In Re the Matter of the Application by Dakota Range I, LLC and Dakota Range II, LLC for a Permit of a Wind Energy Facility in Grant County and Codington County, South Dakota, for the Dakota Range Wind Project - Docket No. EL 18-003; Exhibit A16R - Revised Rebuttal Testimony of Michael MaRous; Exhibit A17 - Rebuttal Testimony of Scott Creech; Exhibit A17-1 - Exhibit 1 – Resume; Exhibit A18 - Rebuttal Testimony of Dr. Jeffrey Ellenbogen; Exhibit A18-1 - Exhibit 1 - Statement of Qualifications; Exhibit A19 - Applicant’s Disclosure of Lay Witnesses; Exhibit A20-1 - Applicant’s Responses to Staff’s Fifth Set of Data Requests; Exhibit A20-2 - Applicant’s Responses to Staff’s Sixth Set of Data Requests; Exhibit A21-1 - Applicant’s Responses to Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s First Set of Data Requests; Exhibit A21-2 - Applicant’s Responses to Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Second Set of Data Requests; Exhibit A22-1 - Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Responses to Applicant’s First Set of Data Requests; Exhibit A22-2 - Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Responses to Applicant’s Second Set of Data Requests; Exhibit A22-3 - Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Responses to Applicant’s Third Set of Data Requests; Exhibit A23 - Intervenor Sherman Fuerniss’ Responses to Applicant’s First Set of Data Requests; Exhibit A24 - Intervenor Kelli Pazour’s Responses to Applicant’s First Set of Data Requests; Exhibit A25 - Intervenor Karen Jenkins’ Responses to Applicant’s First Set of Data Requests; Exhibit A27 - Intervenor Sherman Fuerniss’ Responses to Staff’s Second Set of Data Requests; Exhibit A28 - Intervenors Gregg Hubner, Marsha Hubner, Paul Schoenfelder, and Lisa Schoenfelder’s Responses to Staff’s Second Set of Data Requests; Exhibit A29 - Figure 10; Exhibit A30 - Applicant’s Supplemental Responses to Staff’s Data Requests; Exhibit A31 - Applicant’s Updated Responses to Intervenors’ Data Requests; Exhibit A32 - Permit Conditions Jointly Proposed by Applicant and Staff; Exhibit A33 - Applicant’s Proposed Conditions; Exhibit A34 - Safety Manual Confidential (not available to the public); Exhibit A35 - Operating Manual Confidential (not available to the public); Exhibit A36: Williams v. Invenergy, LLC, 2016 WL 1275990 (D. Oregon, April 28, 2016); Exhibit A37: Ownership Structure of Prevailing Wind Park, LLC; Exhibit A38: Turbine Number Key; Exhibit A39: Michaud et al., Effects of Wind Turbine Noise on Self-Reported and Objective Measures of Sleep (2016); Exhibit A40: Hearing and Vibrotactile Thresholds Table; Exhibit A41: Rueter v. Osceola Windpower, LLC, Case No. 16-2088 (Iowa Ct. App, Nov. 8, 2017); Exhibit A42: Distance from Each Residence to the Nearest Wind Turbine, Modeled Shadow Flicker and Sound Pressure Levels; PUC Staff - Exhibit S1 - Darren Kearney Pre-filed Testimony and Exhibits; Exhibit S1 - Darren Kearney Pre-filed Testimony and Exhibits Confidential (not available to the public); Exhibit S3 - David M. Hessler Pre-filed Testimony and Exhibit; Exhibit S4 - Additional Data Requests; Exhibit S5 - Additional Data Requests; Intervenors - Reece M. Almond, Davenport, Evans, Hurwitz & Smith LLP - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder - Exhibit I-1 - Pre-filed Testimony of Richard James (redacted yellow highlighted); Exhibit I-1a - Exhibit 1 - Bio Materials; Exhibit I-1b - Exhibit 2- Noise – Windfarms; Exhibit I-1c - Exhibit 3 - A Possible Criterion for Wind Farms; Exhibit I-1d - Exhibit 4- A Theory to Explain Some Physiological Effects of the Infrasonic Emissions at Some Wind Farm Sites; Exhibit I-1e - Exhibit 5 - Summary of Wind Turbine Blade Pass Frequency and Effects; Exhibit I-1f - Exhibit 6 - Shirley Wind Study Infrasound Graphs; Exhibit I-2 - Pre-filed Testimony of Jerry Punch (redacted yellow highlighted); Exhibit I-2a -Exhibit 1 - Curriculum Vitae; Exhibit I-2b -Exhibit 2 - Wind Turbine Noise and Human Health: A Four-Decade History of Evidence that Wind Turbines Pose Risks; Exhibit I-4 -Google Maps View of Vicki May's Residence and Turbines; ExhibitI-6 - 5 Videos Taken by Vicki May on 9/25/2018 Around Her Residence (Exhibits 1-6a through 1-6e) - Exhibit I-6a - May Video 1; Exhibit I-6b - Vicki May Video 2; Exhibit I-6c - Vicki May Video 3; Exhibit I-6d - Vicki May Video 4; Exhibit I-6e - Vicki May Video 5; Exhibit I-8 - Google Maps View of Scott Rueter's Former Residence (1341 Yew Ave., Harris,IA) and Turbines; Exhibit I-10 - Video of Malfunctioning Turbine on Scott Rueter's Property (Section 21, Fairview Township, Osceola County, Iowa) Taken on June 5, 2017; Exhibit I-11 - Google Maps View of Sherm and Lori Fuerniss Residence; Exhibit I-12 - Photo of Malfunctioned/Burnt Turbine on Scott Rueter's Property; Exhibit I-13 - Google Maps View of Kevin Andersh's Residence; Exhibit I-14 - Bon Homme County Zoning Ordinance; Exhibit I-15 - GE Publication - Ice Shedding and Ice Throw Risk and Mitigation; Exhibit I-16 - Lease Payment Calculations and Land Use Area - Provided to Gregg Hubner to Entice Him to Sign Up for the Project; Exhibit I-17 - Wind Energy Lease and Wind Easement Agreement - Blank Form; Exhibit I-18 - sPower Brochure; Exhibit I-21 - Google Earth - Beethoven and PWP; Exhibit I-22 - 8/22/2018 Letter From Charles Mix County Along with Affidavit of Peter Pawlowski; Exhibit I-23 - PUC Draft Model Ordinance; Exhibit I-26 -Applicant's Responses to Intervenors' 1st Set of Data Requests; Exhibit I-27 -Applicant's Responses to Intervenors' 2nd Set of Data Requests; Exhibit I-28 -Applicant's Responses to Intervenors' 3rd Set of Data Requests; Exhibit I-29 - Applicant's Responses to Intervenors' 4th Set of Data Requests; Exhibit I-30 - PUC Staffs Responses to Intervenors' 1st Set of Data Requests; Exhibit I-31 -WHO Night Noise Guidelines for Europe (2009); Exhibit I-32 -Guidelines for Community Noise (1999); Exhibit I-33 -The Environment and Disease - Association or Causation?; Exhibit I-34 -Intervenors' Responses to Staff's 2nd Set of Data Requests; Exhibit I-35 - Wind Turbines - Is There a Human Health Risk?; Exhibit I-36 - 12-12-24 Team Report from Wis PSC Infrasound Study at Shirley Wind; Exhibit I-37 - Hessler Publication - Wind Turbine Noise-Recommended Design Goals; Exhibit I-38 - List of Landowners with Turbines; Intervenors - Sherman Fuerniss - Sherm 1 - Dr. Visit 1; Sherm 2 - Dr. Visit 2; Sherm 3 - PV Map 4-2018 Red on Green 1; Sherm 4 - PV Map 4-2018 Red on Green 2; Sherm 12 - Staff's First Set of Data Requests to Sherman Fuerniss; Sherm 13 - Staff's Second Set of Data Requests to Sherman Fuerniss; Sherm 14 - Applicant's First Set of Data Requests to Intervenor Sherman Fuerniss; Intervenors - Karen Jenkins - KJ4 - South Dakota Game, Fish and Parks' Siting Guidelines for Wind Power Projects in South Dakota; KJ5 - Response to Applicant's First Set of Data Request to Intervenor; KJ6 - Amended Response to Staff's First Set of Data Requests to Intervenors; and KJ15 - Response to Staff's First Set of Data Requests to Intervenors

12736-13826

13827-13860
Confidential

13861-16182

16183-16289
Confidential

16290-16717

16718-17103
Confidential

17104-17986

Pages Bate Number
17388
17389
17390
17391
17392
and
17394
are located on
flash drive

154.

10/15/18

Comments of Roger Roth; Commissioner Fiegen's Response to Roger Roth; Comments of Roger Roth Confidential (not available to the public); and Commissioner Fiegen's Response to Roger Roth Confidential (not available to the public)

17987-17988

17989-17990
Confidential

155.

10/22/18

Comments of Jerry and Lori Heumiller; Commissioner Fiegen's Response to Jerry and Lori Heumiller; Comments of Jerry and Lori Heumiller Confidential (not available to the public); and Commissioner Fiegen's Response to Jerry and Lori Heumiller Confidential (not available to the public)

17991-17992

17993-17994
Confidential

156.

10/23/18

Additional Comments of Mary Walkes; and Additional Comments of Mary Walkes Confidential (not available to the public)

17995-17996

17997-17998
Confidential

157.

10/24/18

Patricia Van Gerpen's Response to Mary Walkes; and Patricia Van Gerpen's Response to Mary Walkes Confidential (not available to the public)

17999-18000

18001-18002
Confidential

158.

10/29/18

Comments of Ed Van Gerpen; Patricia Van Gerpen's Response to Ed Van Gerpen; Comments of Ed Van Gerpen Confidential (not available to the public); and Patricia Van Gerpen's Response to Ed Van Gerpen Confidential (not available to the public)

18003-18005

18006-18008
Confidential

159.

10/29/18

Prevailing Wind Park, LLC's Letter regarding Exhibit A42; Exhibit A42: Distance from Each Residence to the Nearest Wind Turbine, Modeled Shadow Flicker and Sound Pressure Levels; and Certificate of Service

18009-18017

160.

10/29/18

Hearing Examiner's Redacted Exhibits I-1 and I-2, and Evidentiary Hearing Transcript for October 11, 2018 - Exhibit I-1 - Pre-filed Testimony of Richard James; Exhibit I-2 - Pre-filed Testimony of Jerry Punch; and October 11, 2018, Transcript

18018-18172

161.

10/31/18

PUC Commission Meeting Agenda

18173-18175

162.

10/31/18

PUC Commission Meeting Minutes

18176-18178

163.

10/31/18

Transcript of PUC Commission Meeting for Docket EL18-026

18179-18184

164.

11/01/18

Order Redacting Exhibits and Testimonies

18185-18186

165.

11/05/18

Additional Comments of David Ratzlaff;
Comments of Daniel Kaaz; Comments of Charles Cvrk; Attachment; Additional Comments of Mike Hubner; Comments of Jennifer Stanga Kolbeck; Additional Comments of David Ratzlaff Confidential  (not available to the public); Comments of Daniel Kaaz Confidential (not available to the public); Comments of Charles Cvrk Confidential (not available to the public); Attachment Confidential (not available to the public); Additional Comments of Mike Hubner Confidential (not available to the public); and Comments of Jennifer Stanga Kolbeck Confidential (not available to the public)

18187-18192

18193-18198
Confidential

166.

11/06/18

Commissioner Fiegen's Response to David Ratzlaff; PUC Staff's Response to Daniel Kaaz; Commissioner Fiegen's Response to Charles Cvrk; Commissioner Fiegen's Response to Mike Hubner; Commissioner Fiegen's Response to Jennifer Stanga Kolbeck; Commissioner Fiegen's Response to David Ratzlaff Confidential (not available to the public); PUC Staff's Response to Daniel Kaaz Confidential (not available to the public); Commissioner Fiegen's Response to Charles Cvrk Confidential (not available to the public); Commissioner Fiegen's Response to Mike Hubner Confidential (not available to the public); and Commissioner Fiegen's Response to Jennifer Stanga Kolbeck Confidential (not available to the public)

18199-18203

18204-18208
Confidential

167.

11/07/18

Comments of Lori Fuerniss; Attachment; Commissioner Fiegen's Response to Lori Fuerniss; Comments of Katie Bartunek; Attachment; Comments of James & Julie Kaufman; Attachment; Comments of Lori Fuerniss Confidential (not available to the public); Attachment Confidential (not available to the public); Commissioner Fiegen's Response to Lori Fuerniss Confidential (not available to the public); Comments of Katie Bartunek Confidential (not available to the public); Attachment Confidential (not available to the public); Comments of James & Julie Kaufman Confidential (not available to the public); and Attachment Confidential (not available to the public)

18209-18217

18218-18226
Confidential

168.

11/07/18

Order For and Notice of Ad Hoc Hearing and Decision Date on Less Than 10 Days' Notice

18227-18228

169.

11/08/18

Commissioner Fiegen's Response to James & Julie Kaufman; Commissioner Fiegen's Response to Katie Bartunek; Additional Comments of Alan Meiers; Attachment; Commissioner Fiegen's Response to Alan Meiers; Additional Comments of Wanda Oorlog; Attachment; Commissioner Fiegen's Response to Wanda Oorlog; Commissioner Fiegen's Response to James & Julie Kaufman Confidential (not available to the public); Commissioner Fiegen's Response to Katie Bartunek Confidential (not available to the public); Comments of Alan Meiers Confidential  (not available to the public); Attachment Confidential (not available to the public); Commissioner Fiegen's Response to Alan Meiers Confidential (not available to the public); Additional Comments of Wanda Oorlog Confidential (not available to the public); Attachment Confidential (not available to the public); and Commissioner Fiegen's Response to Wanda Oorlog Confidential (not available to the public)

18229-18238

18239-18248
Confidential

170.

11/09/18

Comments of Kristi Mogen; Attachment; Comments of Kristi Mogen Confidential (not available to the public); and Attachment Confidential (not available to the public)

18249-18251

18252-18254
Confidential

171.

11/13/18

Comments of Jim Greenfield; Attachment; Commissioner Fiegen's Response to Jim Greenfield; Commissioner Fiegen's Response to Kristi Mogen; Comments of Jim Greenfield Confidential (not available to the public); Attachment Confidential (not available to the public); Commissioner Fiegen's Response to Jim Greenfield Confidential (not available to the public); and Commissioner Fiegen's Response to Kristi Mogen Confidential (not available to the public)

18255-18258

18259-18262
Confidential

172.

11/13/18

Sherman Fuerniss' Post-Hearing Brief

18263-18265

173.

11/13/18

Intervenors' Post-Hearing Brief; and Certificate of Service (Reece M. Almond, Davenport, Evans, Hurwitz & Smith LLP - Representing: Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder)

18266-18286

174.

11/13/18

PUC Staff's Letter regarding Post-Hearing Brief; Staff's Post-Hearing Brief; Certificate of Service; and Staff's Post-Hearing Brief Confidential (not available to the public)

18287-18306

18307-18324
Confidential

175.

11/13/18

Prevailing Wind Park, LLC's Letter regarding Post-Hearing Brief; Prevailing Wind Park, LLC's Post-Hearing Brief; Attachment A - Permit Conditions Jointly Proposed by Applicant and Staff; Attachment B - Applicant's Proposed Sound and Charles Mix Conditions; Attachment C - Exhibit I-29 - Attachment 4-2 - Revised Project Layout; Prevailing Wind Park, LLC's Proposed Findings of Fact, Conclusions of Law and Order; and Certificate of Service

18325-18405

176.

11/13/18

Karen Jenkins' Post-Hearing Brief

18406-18407

177.

11/14/18

Kelli Pazour's Post-Hearing Brief

18408-18414

178.

11/14/18

Comments of Julie Kaufman; Attachment; Comments of Julie Kaufman Confidential; (not available to the public); and Attachment Confidential (not available to the public)

18415-18417

18418-18420
Confidential

179.

11/15/18

Commissioner Fiegen's Response to Julie Kaufman; Comments of Christine Sawinsky; Attachment; Commissioner Fiegen's Response to Christine Sawinsky; Commissioner Fiegen's Response to Julie Kaufman Confidential (not available to the public); Comments of Christine Sawinsky Confidential  (not available to the public); and Commissioner Fiegen's Response to Christine Sawinsky Confidential (not available to the public)

18421-18424

18425-18428
Confidential

180.

11/19/18

Comments of Darci Adam; Attachment; Commissioner Fiegen's Response to Darci Adam; Comments of Jodi VanRuler; Attachment; Commissioner Fiegen's Response to Jodi VanRuler; Comments of Darci Adam Confidential (not available to the public); Commissioner Fiegen's Response to Darci Adam Confidential (not available to the public); Comments of Jodi VanRuler Confidential (not available to the public); Attachment Confidential (not available to the public); and Commissioner Fiegen's Response to Jodi VanRuler Confidential (not available to the public)

18429-18434

18435-18439
Confidential

181.

11/19/18

Prevailing Wind Park, LLC's Letter regarding Applicant’s and Staff’s Revised Joint Proposed Condition 29 and New Joint Proposed Condition; Applicant’s and Staff’s Revised Joint Proposed Condition 29 and New Joint Proposed Condition; and Certificate of Service

18440-18443

182.

11/20/18

PUC Ad Hoc Commission Meeting Agenda

18444

183.

11/20/198

PUC Ad Hoc Commission Meeting Minutes

18445-18446

184.

11/20/18

Transcript PUC Ad Hoc Commission Meeting for Docket EL18-026

18447-18562

185.

11/20/18

Comments of Elouise Meyer; and Comments of Elouise Meyer Confidential (not available to the public)

18563-18564

18565-18566
Confidential

186.

11/21/18

Commissioner Fiegen's Response to Elouise Meyer; and Commissioner Fiegen's Response to Elouise Meyer Confidential (not available to the public)

18567

18568
Confidential

187.

11/30/18

Comments of Michelle Powers Olson to Commissioner Fiegen; and Comments of Michelle Powers Olson to Commissioner Fiegen Confidential (not available to the public)

18569-18571

18572-18574
Confidential

188.

12/03/18

PUC Staff's Response to Michelle Powers Olson; and PUC Staff's Response to Michelle Powers Olson Confidential (not available to the public)

18575-18577

18578-18580
Confidential

189.

12/10/18

Additional Comments of Wanda Oorlog; and Additional Comments Wanda Oorlog Confidential (not available to the public)

18581

18582
Confidential

190.

12/11/18

PUC Staff's Response to Wanda Oorlog; and PUC Staff's Response to Wanda Oorlog Confidential (not available to the public)

18583

18584
Confidential

191.

12/26/18

Comments of Ruby and George Holborn; Attachment - Infra and Low Frequency Noise Impact of Utility Scale Wind Turbines on Residents of Wind Projects from E-Coustic Solutions, LLC; Attachment - E-Coustic Solutions, LLC's Permission to Post; Commissioner Fiegen's Response to Ruby and George Holborn; Comments of Ruby and George Holborn Confidential (not available to the public); and Commissioner Fiegen's Response to Ruby and George Holborn Confidential (not available to the public)

18585-18590

18591-18593
Confidential