PSC grants Fox Solar CPCN with environmental, safety and vegetation conditions

Commissioner Hawkins led the decision‑matrix review and announced he would vote to grant the Certificate of Public Convenience and Necessity (CPCN) for the Fox Solar project, a merchant‑developer proposal by Fox Solar LLC (a NextEra Energy Resources subsidiary). The project would include a 112‑megawatt nameplate solar array, a 50‑megawatt battery energy storage system, a 950‑foot 138 kV generation tie line, and siting across roughly 648 acres under lease or easement in the town of Morgan, Oconto County.

The commission reviewed statutory factors under Wis. Stat. §196.491 and related guidance: energy priority law ranking, competition, land‑use and comprehensive plan conflicts, alternative siting (including brownfields), safety, environmental factors under WEPA (Wis. Stat. §1.11) and DNR analysis. The joint PSC/DNR environmental assessment concluded an EIS is not necessary. Commissioners acknowledged substantial public comment — both opposition (ag land use, PFAS concerns, water/soil testing) and support — and discussed project‑specific conditions proposed by the town of Morgan and the DNR.

Among conditions accepted or modified were a requirement for DNR review of the vegetation management plan and seed mix, a winter stabilization plan within the stormwater pollution prevention plan, visual buffers for nonparticipating residences, final engineering plans and standard safety conditions (NESC/NFPA compliance) and a new reporting item to notify the commission of final land‑use impacts in acres. The commission rejected town proposals that would give local governments veto authority (for example, requiring town approval of the emergency response plan) and declined broad PFAS testing and continuous decibel monitoring requirements because the record and expert testimony did not support them.

"Today, I will be voting to grant the issuance of the CPCN for this project as I have found that it complies with all the statutory requirements," Commissioner Hawkins said. The motion to grant the CPCN consistent with the decision matrix and imposed conditions was seconded, carried by voice vote, and the PSC directed staff to finalize the order with the adopted conditions.