{"id":3631,"date":"2024-05-06T15:08:14","date_gmt":"2024-05-06T19:08:14","guid":{"rendered":"https:\/\/norwichobserver.com\/?p=3631"},"modified":"2024-05-06T15:08:16","modified_gmt":"2024-05-06T19:08:16","slug":"update-on-the-upper-loveland-road-solar-project-developer-objects-to-puc-order-for-town-review","status":"publish","type":"post","link":"https:\/\/norwichobserver.com\/index.php\/2024\/05\/06\/update-on-the-upper-loveland-road-solar-project-developer-objects-to-puc-order-for-town-review\/","title":{"rendered":"Update on the Upper Loveland Road Solar Project: Developer Objects to PUC Order for Town Review"},"content":{"rendered":"\n

<\/p>\n\n\n\n

\"\"
Attachment to ORDER REQUIRING CONFIRMATION OF TOWN SUPPORT AND CONFIRMATION THAT NO ORAL ARGUMENT IS REQUESTED<\/figcaption><\/figure>\n\n\n\n

Is the controversial Upper Loveland Road solar project coming back to the Town of Norwich for review?<\/p>\n\n\n\n

The Public Utility Commission (PUC) recently issued an order directing the developer of the solar panel farm, an entity related to Norwich Technologies, to confirm ongoing support from the Town as a \u201cpreferred site.\u201d The PUC order in that case (21-3587-NMP<\/a>) specifies four significant changes to the project, since the developer made its presentation to the Planning Commission in July 2021, including increased deforestation and visibility.<\/p>\n\n\n\n

However, in a motion filed with the PUC on April 30, the developer is requesting that the PUC withdraw its recent order. The developer asserts the PUC order is \u201carbitrarily re-open[ing] and second-guess[ing] the Town\u2019s very clear decision, made numerous times, would be contrary to the evidence, extremely prejudicial, and clear and reversible error.\u201d <\/p>\n\n\n\n

The motion also takes exception to a footnote in the PUC order. In footnote 5, the PUC intimates that the developer may not have provided \u201cforthright information\u201d to the Norwich Planning Commission.<\/p>\n\n\n\n

Notably, this is not the first time the PUC noted a lack of transparency by a Norwich Technologies related entity. In October 2023, the PUC criticized the developer of a Randolph project for making \u201cfactually incorrect verbal statements\u201d to the Randolph Planning Commission and Selectboard at meetings seeking preferred site status.** <\/p>\n\n\n\n

Background<\/strong><\/h4>\n\n\n\n

The proposed project is a 500 kW (AC) group net-metering solar electric generation system, located off of Upper Loveland Road, near the cell tower. The project, which has an 8.2-acre footprint, is located in the Ridgeline Protection Overlay Area of the Town of Norwich and the Resource Protection Planning Area of the Town Plan. <\/p>\n\n\n\n

Local zoning rules do not apply to solar projects. Instead, the developer needs to obtain a certificate of public good (\u201cCPG\u201d) from the PUC. However, local authorities exercise some control over the siting of projects through the issuance of a \u201cpreferred site\u201d letter of support. More on preferred sites later.<\/p>\n\n\n\n

In August 2021, the developer filed its petition for a CPG. At least nine residents living near the site oppose the project as a group. (\u201cNorwich Neighbors\u201d). A December 2021 VTDigger article about the project is here<\/a>.<\/p>\n\n\n\n

The Hearing Officer conducted an evidentiary hearing in April 2023 and the record closed in August 2023. On March 27, 2024, the Hearing Officer issued a 51-page Proposal for Decision that recommended that the PUC issue a CPG.<\/p>\n\n\n\n

The Norwich Neighbors filed their comments to the proposed decision on April 11. Among the concerns raised was that the developer made \u201cmisrepresentation of material fact\u201d that led to the issuance of the preferred site letter. <\/p>\n\n\n\n

Changes to site plan<\/strong><\/h4>\n\n\n\n

The PUC Order notes four significant changes to developers plan since its July 13, 2021, presentation to the Norwich Planning Commission.<\/p>\n\n\n\n

\n

<\/p>\n\n\n\n