APSC active on screening wind projects

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On December 29, 2025, the Arkansas Public Service Commission [APSC], through an order issued by Administrative Law Judge Justin Craig, adopted its final version of the Wind Energy Development Rules.               

These rules do not become effective until reviewed and approved by the Arkansas Legislative Council.

Act 945 of 2025, the Arkansas Wind Energy Development Act, establishes a reasonable set of requirements for the construction, operation and decommissioning of utility scale wind energy projects for Arkansas. It is not a ban on such projects. The Act directed the APSC to develop rules implementing the Act. The commission prepared a draft of the proposed rules and solicited public comments and allowed interested parties to suggest changes and to participate in a hearing on December 11, 2025, concerning the draft rules.

Concerned Citizens of the Ozarks submitted written comments and participated in the hearing. A video of the hearing can be viewed at youtube.com/watch?v=_KxtlrpU4us

In the final set of rules, the commission clarified certain provisions of the draft rules, rejected many of the changes suggested by wind project developers, and upheld a strict interpretation of Act 945 to protect the public interest in regulating utility scale wind projects. The final set of rules reinforces the public’s right to advance notice of a proposed wind project, ensured robust safety measures to protect the public would remain in place, and clarified how wind project developers must provide financial guarantees for the safe construction, operation and decommissioning of their wind projects.

The APSC refused to grant blanket exemptions for any wind projects that might have been already under development when Act 945 was passed and will require each claim of exemption to undergo a review by the commission on a case-by-case basis.

The commission noted that an overwhelming number of the public comments filed supported strict enforcement of Act 945, and many of those public comments were specifically referenced in Judge Craig’s Order.

Act 945 and the Wind Energy Development Rules establish reasonable guidelines for the development of wind energy projects in Arkansas. But each community needs to consider its own interests. Act 945 specifically authorizes a local legislative body, such as a quorum court, to adopt its own ordinances governing wind projects so long as those local rules do not relax the protections created by Act 945.

A copy of the commission’s order adopting the Wind Energy Development Rules can be found at 25-063-R_56_1.pdf.

George Caudle

1 COMMENT

  1. Glad they are holding firm to the legislation. It doesn’t help mollify those looking at the carving up of the hills and 30 towers going up in Green Forest. Someone in the family of one of the workmen told me the turbines will last about 5 years, then have to be taken down. That’s hardly green energy, folks.

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