The North Dakota Public Service Commission on a special meeting approved a partial waiver allowing standard aircraft lighting on nine turbines planned for the Badger Wind Project, conditioned on continued technical infeasibility and periodic review.

Commissioner Jill Kringstedt moved to adopt the "findings of fact, conclusions of law and order in Badger Wind LLC, amend Badger Wind Project, Logan and McIntosh, citing application, case number PUD-24-87," and the commission approved the motion. "I move the commission adopt the findings of fact, conclusions of law and order in Badger Wind LLC, amend Badger Wind Project, Logan and McIntosh, citing application, case number PUD-24-87," Kringstedt said when making the motion.

The nut of the decision is that the Federal Aviation Administration denied use of an aircraft detection lighting system (ADLS) on a subset of turbines because of proximity to the Wishic Municipal Airport, and the commission found ADLS currently remains the only FAA-approved light‑mitigating technology that meets the state requirement in North Dakota Century Code section 49‑22‑16.4. Commission documents and testimony in the record show that the FAA initially denied ADLS on 19 turbines, later reducing the number to nine after further discussions and consideration of shielding effects.

Badger Wind told the commission the FAA denials are expected to cause the project to lose at least 10 potential turbine locations, reducing the planned number from 92 turbines to approximately 82 and lowering project capacity by about 28 megawatts. The company also testified that nine landowners would no longer host any turbines under that reduced layout and that tax revenue from the project would decline. Badger Wind committed to not site future turbines within 3.15 nautical miles of a public‑use airport in North Dakota.

Commissioners described the waiver as narrowly tailored. The order grants a waiver from the statutory requirement to install an approved light‑mitigating technology system on those nine turbines based on the commissiontechnical infeasibility; it is conditioned on continued technical infeasibility. The order also directs Badger Wind to review FAA‑approved light‑mitigating technologies and to report results to the commission every three years to allow reconsideration of the waiver.

Commissioner Sherry Haugenhofer supported the order, saying the commission has authority to grant such waivers and that the projectlaid out economic benefits of proceeding. She noted the 3.15‑nautical‑mile buffer identified during the proceedings could inform future siting. Commissioner Randy Christman, who said he dissented on the original 2022 certificate, said he nonetheless voted to approve the waiver to reduce added costs to the project: "This is about making that project as cost effective as possible and not just adding more costs to it." He reiterated broader concerns he has previously raised about transmission congestion and long‑term reliability but confirmed his vote in favor of the waiver.

The commission record shows the underlying site compatibility certificate was issued on Nov. 20, 2022, and amended on Sept. 11, 2024. Badger Wind filed the partial waiver request April 16, 2025; the company applied to the Federal Aviation Administration for ADLS approval on Jan. 14, 2025. The commission held hearings on July 1, 2025, and July 24, 2025, on the waiver request.

The order does not change the commissioncertificate for the project more broadly; it applies only to the lighting requirement for the nine turbines identified in the decision and is expressly conditioned on the FAA continuing to disapprove ADLS for those locations. The commission recorded the motion as approved on a voice vote in the special meeting.

Less urgent details: the commission said it may consider rulemaking or legislative changes to address the identified gap in the light‑mitigation process going forward. Badger Wind's obligation to report every three years creates a recurring point for the commission to reassess whether FAA‑approved technologies become available for the turbines now covered by the waiver.

(Reporting by the North Dakota Public Service Commission meeting transcript.)