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Michigan PSC adopts application procedures to implement state law on siting very large renewable projects
Summary
The Michigan Public Service Commission unanimously adopted application filing instructions and procedures to implement Public Act 233 of 2023, setting standards for when the commission may consider certificates for very large wind, solar and storage facilities and clarifying the limited role of local ordinances.
The Michigan Public Service Commission on Oct. 10 unanimously adopted application filing instructions and procedures to implement Public Act 233 of 2023, which gives the commission limited authority to review and certify certain large renewable energy and energy storage projects.
Sarah Maloff, an MPSC staff member who led the rulemaking outreach, told commissioners the staff held eight public educational meetings, solicited more than 100 written comments and worked with a consultant on sound-modeling guidance as part of developing the application materials the commission approved.
"Public Act 233 of 2023 ... provides a limited grant of siting authority under specified conditions to the commission for certain utility scale solar, wind, and energy storage facilities," Maloff said, summarizing the statute and the staff's work. The adopted instructions clarify pre-application requirements, application exhibits and fees, and expectations for post-construction sound monitoring.
The order narrows the definition of a compatible renewable energy ordinance (CRO) to the provisions expressly listed in section 226(8) of the statute, the commission said, and limits the class of "affected local units" to local governments that exercise zoning jurisdiction. The commission rejected a broader geographic reading proposed in staff drafts and found unzoned areas are not treated the same as local units with CROs; if a project crosses jurisdictions the commission will review the entire project but its limited authority applies only in statutorily specified circumstances.
The commission also adopted sound-modeling parameters, including a +5 decibel measure for tonal prominence and support for a +6 dB facade pressure doubling measure consistent with the statute's 55-average-hourly-decibel limit as modeled at the nearest outer wall of the nearest dwelling on an adjacent nonparticipating property. Staff and the commission said they view post-construction monitoring as reasonable and useful; preconstruction monitoring will not be made mandatory in every case.
Chair Dan Scripps praised staff for the public engagement process, saying it "represents a model of public engagement" that informed the final instructions. Commissioner Peritic also thanked staff and commenters for the work that shaped the order.
The instructions are intended as a backstop pathway for very large projects — the commission noted that most siting and permitting will continue to start at the local level and only come to the commission under the limited conditions in the statute, such as when local review is unavailable, a moratorium is in effect, a local government requests commission review, or a local ordinance imposes restrictions beyond those allowed in the statute.
The commission voted unanimously to approve the order implementing the application filing instructions and associated guidance. The order and its attachments are posted to the commission's renewable energy and energy storage siting webpage.
