Aug. 20--Minnesota Power has breezed through the application process for Morton County's first 17 wind turbines. Earlier this month, the Morton County Commission approved the special use permit.

Sixteen more must be approved for Oliver County.

The North Dakota Public Service Commission will weigh testimony at 10 a.m. Tuesday at the Sunset Inn in New Salem for both counties.

Oliver County's part of the 33-unit wind farm first will be considered locally before its planning and zoning commission at 7 p.m. Aug. 27 at the Oliver County Courthouse in Center.

Recommendations from the zoning board will then come before the full Oliver County Commission on Sept. 10.

Public Service Commissioner Tony Clark said it is an involved process for a wind farm applicant.

"It's a formal opportunity for Minnesota Power to tell us what the project entails and to give it the opportunity to meet all the standards set up in law," Clark said.

"They have to ensure they meet the environmental laws, the cultural resource laws and natural resource laws," he said. "They have to submit thick documentation."

Clark said local and county policies weigh heavily into the PSC's decision to approve a permit as well as state standards.

The PSC will review risks of shadow flickering, noise near homes, hazards to bird flight patterns and wetlands, whether turbines are located near Native American and other historical artifacts, and whether it is a hindrance to the neighbors. Setback standards must meet both state and local requirements. Clark said if a local turbine policy is stricter than the state's, that will be enforced.

The decision will not be made Tuesday, but will take a few weeks to review.

Clark said it all depends on how well Minnesota Power complies.

More than 50 wind turbines already occupy Oliver County from Florida Power and Light.

With approval from both the state and local boards, Minnesota Power will be able convert the options for easements from affected landowners into actual easements.

Jim Atkinson, environmental specialist for Minnesota Power, hopes to get the all clear signal within a month past the PSC hearing. "So far, everything has been going well," he said.

Only preliminary work would start this fall. "Our plan would be to construct the road off Highway 86, east into our operation and maintenance facilities and the site of our planned substation. We'll do the preparation work of our access roads."

Construction of the wind turbines could begin in the spring. "We plan to have the first 17 in service by late fall or early winter of 2010," Atkinson said. Most of these would be located in Morton County.

The other 16 will be fully operational by late 2011.

There are a few issues that remain unclear as the novelty energy industry evolves in North Dakota.

Questions have been raised whether property owners can sever wind rights as they do for mineral rights. Clark doesn't think so. Clark said state Century Code 17-4-04, dealing with wind energy property rights, specifies that wind rights stay with the surface owner of the land.

Clark says neighbors of a proposed turbine can testify if they feel it will have an adverse effect on their lifestyle.

Clark does not rule out the chance of mineral property being located below a wind turbine.

He advises people impacted to carefully draw out a contract that spells out who has what rights to property after the turbine is installed. Mineral rights should be closely researched and an attorney consulted if there is a possible conflict.

Clark said some turbines will be placed on land already reclaimed or now depleted of coal.

(Reach reporter LeAnn Eckroth at 250-8264 or leann.eckroth@bismarcktribune.com.)

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