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
Refer to Docket EL18-026
Filed Documents:- 12/26/18 - Notice of Appeal
- Admission of Services (Patricia Van Gerpen; Corporation Services Company; Kristen Edwards; Adam deHueck; Richard M. Williams, Office of State Attorney General; Lisa Schoendfelder; Sherman Fuerniss; Kelli Pazour; Karen Jenkins; Sara Clayton, Charles Mix County;and Neil Van Eschen, Charles Mix County)
- Certificate of Service
- 12/28/18 - Notice of Appearance (SD PUC - Adam de Hueck)
- 01/04/19 - Appellants' Statement of Issues on Appeal and Certificate of Service
- 01/04/19 - Appellants' Request for Transcripts and Certificate of Service
- 01/10/19 - Notice of Appearance (Prevailing Wind Park, LLC - Mollie M. Smith and Lisa M. Agrimonti)
- 01/10/19 - Prevailing Wind Park, LLC's Request for Transcript of Additional Parts of the Proceedings
- 01/11/19 - PUC's Letter to Bon Homme County Clerk of Court
- Certification
- Letter regarding Original Transcripts
- Letter to Parties
- Chronological Index (see table below for bate numbering sections)
- Alphabetical Index
- Certificate of Service
|
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 |
|
2. |
05/30/18 |
Docket EL18-026 – Comments and Responses (PUC Website) http://puc.sd.gov/Dockets/Electric/2018/EL18-026comments.aspx |
|
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 |
|
4. |
05/30/18 |
Pre-Filed Direct Testimony of James Damon; and Exhibit 1 - Resume |
|
5. |
05/30/18 |
Pre-Filed Direct Testimony of Bridget Canty; and Exhibit 1 - Resume |
|
6. |
05/30/18 |
Pre-Filed Direct Testimony of Keith Thorstad; and Exhibit 1 - Resume |
|
7. |
05/30/18 |
Pre-Filed Direct Testimony of Aaron Anderson; and Exhibit 1 - Curriculum Vitae |
|
8. |
05/30/18 |
Pre-Filed Direct Testimony of Chris Howell; and Exhibit 1 - Curriculum Vitae |
|
9. |
05/31/18 |
Docket EL18-026 – Weekly Filings – (PUC Website) http://puc.sd.gov/WeeklyFiling/2018/053118-060618.aspx |
|
10. |
06/01/18 |
Notice of Application; Order for and Notice of Public Input Hearing; Notice of Opportunity to Apply for Party Status |
|
11. |
06/05/18 |
PUC Staff's Corrected Letter to SD Newspaper Association regarding Notice of Public Hearing; and Notice of Public Hearing |
|
12. |
06/12/18 |
PUC Commission Meeting Agenda |
|
13. |
06/12/18 |
PUC Commission Meeting Minutes |
|
14. |
06/19/18 |
Land Ownership Map Confidential (not available to the public); and Certificate of Service |
1223 |
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) |
1228-1229 |
16. |
06/21/18 |
Prevailing Wind Park, LLC's Application to Bon Homme, Charles Mix and Hutchison County Auditors Certificate of Service |
|
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) |
1237-1246 |
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) |
|
19. |
06/27/18 |
Comments of Dr. Jamin Hubner; Attachment; and Comments of Dr. Jamin Hubner Confidential (not available to the public) |
1266 |
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) |
1270-1272 |
21. |
06/29/18 |
Amended Order Assessing Filing Fee; Authorizing Executive Director to Enter Into a Consulting Contract |
|
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) |
1278-1280 |
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) |
1288-1294 |
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) |
1306-1316 |
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) |
1321-1324 |
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) |
1330-1333 |
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) |
1349-1359 |
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) |
1368-1375 |
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) |
1387-1393 |
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) |
1400-1404 |
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) |
1541-1597 |
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) |
1720-1723 |
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) |
1741-1746 |
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) |
1750-1752 |
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) |
1759-1764 |
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) |
1772-1777 |
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) |
|
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) |
1788-1789 |
39. |
07/20/18 |
Staff's Letter regarding Motion for Adoption of Procedural Schedule; Motion for Adoption of Procedural Schedule; and Certificate of Service |
|
40. |
07/20/18 |
PUC Staff's First Set of Data Requests to Applicant Certificate of Service |
|
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) |
1802-1805 |
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) |
1810-1811 |
43. |
07/25/18 |
EL18-026 - Party Status Applications (PUC Website) |
|
44. |
07/25/18 |
Gregg C. Hubner’s Party Status Application |
|
45. |
07/25/18 |
Marsha Hubner’s Party Status Application |
|
46. |
07/25/18 |
Paul M. Schoenfelder’s Party Status Application |
|
47. |
07/25/18 |
Lisa A. Schoenfelder’s Party Status Application |
|
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) |
1820-1822 |
49. |
07/27/18 |
Commissioner Hanson's Response to David Brouwer, President, We-Care |
|
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); |
1858-1887 |
51. |
07/30/18 |
Charles Mix County, Keith Mushitz’s Party Status Application |
|
52. |
07/30/18 |
Sherman Fuerniss’ Party Status Application |
|
53. |
07/30/18 |
Karen D. Jenkins’ Party Status Application |
|
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) |
1902-1908 |
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) |
1915-1920 |
56. |
08/02/18 |
Prevailing Wind Park, LLC's Response to the Motion for Adoption of Procedural Schedule |
|
57. |
08/07/18 |
PUC Commission Meeting Agenda |
|
58. |
08/07/18 |
PUC Commission Meeting Minutes |
|
59. |
08/07/18 |
Transcript of PUC Commission Meeting for Docket EL18-026 |
|
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) |
|
61. |
08/08/18 |
PUC Staff's First Set of Data Requests to Charles Mix County Certificate of Service |
|
62. |
08/08/18 |
PUC Staff's First Set of Data Requests to Intervenors Certificate of Service |
|
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) |
|
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 |
|
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 |
|
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 |
|
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 |
|
68. |
08/10/18 |
Daniel Pardo's Supplemental Direct Testimony; Exhibit 1 - Statement of Qualifications; and Exhibit 2 - Decommissioning Cost Analysis |
|
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 |
|
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) |
3290-3292 |
71. |
08/16/18 |
PUC Staff's Second Set of Data Requests to Applicant Certificate of Service |
|
72. |
08/17/18 |
Notice of Appearance (Reece M. Almond); and Certificate of Service |
|
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) |
3300-3301 |
74. |
08/23/18 |
PUC Staff's Third Set of Data Requests to Applicant Certificate of Service |
|
75. |
08/28/18 |
Kelli Pazour’s Party Status Application |
|
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) |
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 |
|
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 |
3556-3768 |
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 |
|
80. |
09/10/18 |
Intervenors' Disclosure of Lay Witnesses (Gregg C. Hubner, Marsha Hubner, Paul M. Schoenfelder and Lisa A. Schoenfelder) |
|
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 |
|
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 |
|
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 |
|
84. |
09/11/18 |
Order For and Notice of Evidentiary Hearing |
|
85. |
09/11/18 |
Karen D. Jenkins' Letter regarding Testimony |
|
86. |
09/13/18 |
Intervenors' Motion to Have Witnesses Appear Telephonically; and Certificate of Service |
|
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 |
|
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 |
|
89. |
09/14/18 |
Staff's Response to Late Intervention; Attachment 1 - Portion of Transcript from Public Input Hearing; and Certificate of Service |
|
90. |
09/14/18 |
Order For and Notice of Ad Hoc Motions Hearing |
|
91. |
09/18/18 |
PUC Commission Meeting Agenda |
|
92. |
09/18/18 |
PUC Commission Meeting Minutes |
|
93. |
09/18/18 |
Transcript of PUC Commission Meeting for Docket EL18-026 |
|
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 |
|
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 |
|
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 |
|
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 |
|
98. |
09/20/18 |
PUC Staff's Fourth and Fifth Set of Data Requests to Applicant Certificate of Service |
|
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) |
|
100. |
09/21/18 |
Order Granting Late Party Status (Kelli Pazour) |
|
101. |
09/21/18 |
PUC Commission Meeting Agenda |
|
102. |
09/21/18 |
PUC Commission Meeting Minutes |
|
103. |
09/21/18 |
Transcript of PUC Commission Meeting for Docket EL18-026 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
109. |
09/26/18 |
Pre-Filed Rebuttal Testimony of Dr. Jeffrey Ellenbogen; and Exhibit 1 - Curriculum Vitae |
|
110. |
09/26/18 |
Pre-Filed Rebuttal Testimony of Aaron Anderson; and Exhibit 1 - Results of Updated Shadow Flicker Analysis |
|
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 |
|
112. |
09/26/18 |
Pre-Filed Rebuttal Testimony of Peter Pawlowski |
|
113. |
09/26/18 |
Pre-Filed Rebuttal Testimony of Chris Howell; and Exhibit 1 - Memorandum Regarding Updated Modeling Results - Prevailing Wind Park |
|
114. |
09/26/18 |
Pre-Filed Rebuttal Testimony of Michael MaRous |
|
115. |
09/26/18 |
Pre-Filed Rebuttal Testimony of Scott Creech; and Exhibit 1 - Resume |
|
116. |
09/28/18 |
PUC Staff's Sixth Set of Data Requests to Applicant Certificate of Service |
|
117. |
09/28/18 |
PUC Staff's Second Set of Data Requests to Intervenor Sherman Fuerniss Certificate of Service |
|
118. |
10/01/18 |
Order Granting Motion for Telephonic Testimony and Order Denying Motion to Exclude Lay Testimonies and Quashing Subpoenas |
|
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 |
|
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 |
|
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 |
5685-6070 |
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 |
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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 |
|
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 |
|
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? |
Pages Bate Number are audio and video clips located below: |
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 |
|
127. |
10/03/18 |
Exhibit I-34 -Intervenors' Responses to Staff's 2nd Set of Data Requests |
|
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 |
|
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 |
|
130. |
10/04/18 |
Eric Elsberry's Admission of Service of Subpoena |
|
131. |
10/04/18 |
Charles Mix County Sheriff Office's Return of Service for Keith Mushitz |
|
132. |
10/04/18 |
Michael Soukup's Admission of Service of Subpoena |
|
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 |
|
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) |
|
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 |
|
136. |
10/05/18 |
PUC Staff's Response to Intervenors' First Data Request Certificate of Service |
|
137. |
10/09/18 |
Intervenors' Opposition to Having Exhibits I-16 and I-17 be Confidential; and Certificate of Service |
|
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? |
|
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 |
|
140. |
10/09/18 |
Staff's Letter regarding Exhibit S5; and Exhibit S5 - Additional Data Requests |
|
141. |
10/09/18 |
Evidentiary Hearing – Sign In Sheets; and Transcript |
|
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 |
11531-11637 |
143. |
10/10/18 |
Evidentiary Hearing – Sign In Sheets; and Transcript |
|
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 |
|
145. |
10/11/18 |
Evidentiary Hearing – Sign In Sheets; and Transcript |
|
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 |
|
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) |
12441-12447 |
148. |
10/12/18 |
Evidentiary Hearing – Sign In Sheets; and Transcript |
|
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 |
|
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 |
|
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 |
|
152. |
10/12/18 |
EL18-026 - Evidentiary Hearing Exhibits (PUC Website) |
|
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 |
13827-13860 16183-16289 16718-17103 Pages Bate Number |
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) |
17989-17990 |
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) |
17993-17994 |
156. |
10/23/18 |
Additional Comments of Mary Walkes; and Additional Comments of Mary Walkes Confidential (not available to the public) |
17997-17998 |
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) |
18001-18002 |
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) |
18006-18008 |
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 |
|
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 |
|
161. |
10/31/18 |
PUC Commission Meeting Agenda |
|
162. |
10/31/18 |
PUC Commission Meeting Minutes |
|
163. |
10/31/18 |
Transcript of PUC Commission Meeting for Docket EL18-026 |
|
164. |
11/01/18 |
Order Redacting Exhibits and Testimonies |
|
165. |
11/05/18 |
Additional Comments of David Ratzlaff; |
18193-18198 |
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) |
18204-18208 |
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) |
18218-18226 |
168. |
11/07/18 |
Order For and Notice of Ad Hoc Hearing and Decision Date on Less Than 10 Days' Notice |
|
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) |
18239-18248 |
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) |
18252-18254 |
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) |
18259-18262 |
172. |
11/13/18 |
Sherman Fuerniss' Post-Hearing Brief |
|
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) |
|
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) |
18307-18324 |
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 |
|
176. |
11/13/18 |
Karen Jenkins' Post-Hearing Brief |
|
177. |
11/14/18 |
Kelli Pazour's Post-Hearing Brief |
|
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) |
18418-18420 |
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) |
18425-18428 |
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) |
18435-18439 |
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 |
|
182. |
11/20/18 |
PUC Ad Hoc Commission Meeting Agenda |
|
183. |
11/20/198 |
PUC Ad Hoc Commission Meeting Minutes |
|
184. |
11/20/18 |
Transcript PUC Ad Hoc Commission Meeting for Docket EL18-026 |
|
185. |
11/20/18 |
Comments of Elouise Meyer; and Comments of Elouise Meyer Confidential (not available to the public) |
18565-18566 |
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) |
18568 |
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) |
18572-18574 |
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) |
18578-18580 |
189. |
12/10/18 |
Additional Comments of Wanda Oorlog; and Additional Comments Wanda Oorlog Confidential (not available to the public) |
18582 |
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) |
18584 |
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) |
18591-18593 |
- 01/15/19 - Notice of Appearance (Sherman Fuerniss - Steven K. Huff and Nicholas G. Moser) and Certificate of Service
- 01/18/19 - Sherman Fuerniss, Kelli Pazour, and Karen Jenkins' Statement of Issues on Appeal and Certificate of Service
- 02/11/19 - Appellants' Opening Brief and Certificate of Service
- 02/21/19 - Withdrawal of Appearance (South Dakota Public Utilities Commission)
- 03/06/19 - Notice of Appearance (Kelli Pazour, and Karen Jenkins - Steven K. Huff and Nicholas G. Moser) and Certificate of Service
- 03/08/19 - Notice of Appearance (Prevailing Wind Park, LLC - Lee Schoenbeck and Joe Erickson) and Certificate of Service
- 03/08/19 - Prevailing Wind Park, LLC's Response Brief and Certificate of Service
- 03/18/19 - Nicholas G. Moser for Sherman Fuerniss, Kelli Pazour, and Karen Jenkins' Notice of Withdrawal of Appeal and Certificate of Service
- 03/22/19 - Appellants' Reply Brief with Attachments and Certificate of Service
- 04/02/19 - Order Dismissing Appeals and Judgment of Affirmance
- 04/03/19 - Notice of Entry of Order Dismissing Appeals and Judgment of Affirmance and Certificate of Service
- 05/17/19 - Docket Closed