Who gets to set the rules? Local or state government? Tomorrow the Minnesota Public Utilities Commission is expected to decide that question when it comes to wind farms.

The issue has been raised in connection with the $179 million, 78-megawatt Goodhue Wind project near Red Wing that, when completed, would consist of 50 turbines spanning about 32,000 acres of farm land an hour drive southeast of the Twin Cities. The developer is a subsidiary of Mesa Power Group, which is owned by Texas oil-and-gas tycoon T. Boone Pickens.

Midwest Energy News this week published a thorough story on the history and issues at stake. It promises to broadcast the PUC meeting tomorrow.

Wind generators at the Buffalo Ridge wind generation complex near Lake Benton, MN. Star Tribune photo.


Last October Goodhue County adopted a setback ordinance that restricts the siting of wind turbines. It says that
they have to be at least 10 rotor diameters -- or about half a mile in this case -- of any home that has not leased
its land to the project. That's significantly more stringent than state law, which generally requires setbacks between 750 and 1,500 feet.

The Goodhue county rule can be traced to some local residents who say the giant turbines will upset their quality of life. They allege noise, shadows and transmission lines related to the project will lead to lost sleep, sick cattle, dead birds, spoiled views, and depressed home values. They've questioned the financial validity and how much the community will benefit economically.


The developer, which has leased land from some 200 property owners, has said in PUC filings that the project can't go through under the local setback rules. The PUC is expected to give its final decision Thursday. It will be the first major test of a 2007 state law that gives local communities the authority to over ride state law on siting rules.


The commission has in had the opinion of Administrative Law Judge Kathleen Sheehy, who summarily dismissed many of the opponents objections in her final report on April 29th. She said the opponents failed to provide sufficient
evidence of health and safety risks, and that their argument that the commission must consider local ordinances doesn't make sense.


No matter what the PUC decides, it's not likely to be the end of the debate. Legal observers predict that the
question could end up at the Legislature.

Nor is it likely to mark the end of the fight over the Goodhue project. Residents there say there are many eagle nests in the area, and they will use federal wildlife protection laws to try and stop the project and preserve the eagles. So stay tuned.