Our Legacy of Victory
Wisconsin Power Plant Siting Law
Since it was established by the Legislature in 1907, Public Service Commission of Wisconsin (PSC) has been tasked with approving power generation facilities in our state. But before the 1970s, environmental impacts were not considered by the Commission when evaluating power plant proposals.
In the early 1970s, Clean Wisconsin (known at that time as Wisconsin’s Environmental Decade) played a key role in three landmark legal cases establishing the right to sue to protect our environment. Passed in 1972, the Wisconsin Environmental Policy Act (WEPA) requires all state agencies, including the PSC, to consider the environmental impacts of major actions.
The foundation laid by WEPA allowed Clean Wisconsin to successfully advocate for Wisconsin’s Power Plant Siting Law in 1975. The Law introduced a regulatory process requiring the Public Service Commission (PSC) to consider environmental impacts and other factors when deciding on whether or not to approve any electricity-generating facilities, ranging from gas-burning power plants to solar farms. The law requires that the PSC consider factors such as environmental impact, public need and alternatives before signing off on any new power-generating infrastructure.
Today, any power generation facilities of 100 megawatts (MW) or more must have a Certificate of Public Convenience and Necessity (CPCN) issued by the PSC for construction to begin.
Clean Wisconsin still actively participates in the power plant siting process by intervening in PSC proceedings, providing expert testimony, and advocating for the consideration of environmental impacts and clean energy alternatives.
Why It Matters
Wisconsin’s Power Plant Siting Law provides an open, transparent process for regulators to consider the impacts of power plants on Wisconsin communities. Energy generation from gas and coal-fired power plants contributes significantly to air pollution and climate-warming greenhouse gas emissions in our state. Energy generation is also responsible for about 70% of all water withdrawals in Wisconsin.
