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Thursday October 27

Public Health, Permit | Air Permits

Prehearing Conference for Air Pollution Control Construction Permit 21-RAB-082

Date: 10/27/2022

Time: 2:00 p.m. - End of Agenda

Location: Virtual


Sue Burns,


On March 10, 2022, the Wisconsin Department of Natural Resources (DNR) issued Air Pollution Control Construction Permit 21-RAB-082 to the Wisconsin Electric Power Company and Wisconsin Public Service Corporation (Applicant). On April 8, 2022, Sierra Club (Petitioner) filed a Petition for a Contested Case Hearing with the DNR pursuant to Wis. Stat. §§ 227.42-227.50 and 285.81.

By letter dated April 25, 2022, and amended on June 16, 2022, the DNR granted the request for a contested case hearing on the following issues:

  1. Whether issuing the Permit without conducting an Environmental Assessment or Environmental Impact Statement violates Wis. Stat. 1.11 and 285.61(8)(a);
  2. Whether the Department was required to adopt the “background” air pollution concentrations that it relied on to issue the Permit through rulemaking; and
  3. Whether the Department erroneously excluded the addition of battery storage to the Reciprocating Internal Combustion Engine (RICE) units in the Best Available Control Technology (BACT) analysis as “redefining the source.”

On August 11, 2022, the Division of Hearings and Appeals received, for filing, an original request for hearing from the DNR. The parties have conferred and agreed to a date for a prehearing conference.

NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a prehearing conference on the above-captioned matter pursuant to Wis. Stat. § 227.46(1) and Wis. Admin. Code §§ NR 2.08(5) and 2.12, at 2 p.m. on Oct. 27, 2022, via Microsoft Teams.  Interested persons may request an email invitation to the Teams Telephone Conference by contacting the Division of Hearings and Appeals at (608) 266-7709. In the alternative, those interested may participate by telephone by calling (608) 571-2209 and entering Meeting ID 734 831 434#.

Any person, organization, or governmental unit wishing to become a party to this proceeding must attend the conference personally or by an authorized representative. The purpose of the prehearing conference will be to identify parties to the proceeding, to simplify or clarify the issues which may be contested at the hearing, identify witnesses, discuss the exchange of exhibits, establish a discovery schedule, address any other matters as may aid in the disposition of the action, and confirm the date for the contested case hearing. No testimony will be heard at the prehearing conference. However, a date may be selected for a contested case hearing.

The hearing is a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a), and the fair play provisions of Wis. Stat. ch. 227 will apply. The procedures relating to contested cases set forth in Wis. Admin. Code Ch. NR 2 will be followed. Said procedures will closely resemble those that are normally followed at a trial in State circuit court. All parties are advised that they have the right to seek the aid and assistance of legal counsel and to be represented by legal counsel at the contested case hearing.

The permits, petitions and other information relating to the petitioner are on file and may be inspected and copied at the offices of the Department of Natural Resources, 101 South Webster Street, Madison, Wisconsin, between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. Copies of documents on file related to the permit may be obtained by writing to the Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets.

Pursuant to the Americans With Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please call the Division of Hearings and Appeals at (608) 266-7709 with specific information on your request prior to the date of the scheduled prehearing or hearing.

Published on September 16, 2022 at 8:40 AM