RWE has suspended scheduling for a solar development proposal before the Michigan Public Service Commission, according to a filing dated July 6.
The project boasting 200 megawatts would stretch across 1,914 acres of agricultural-zoned land south of I-196 near the Ottawa Executive Airport.
A local farming family currently embroiled in a lawsuit with RWE has motioned for the project’s application to be dismissed altogether — but that motion, filed July 3, is being held in abeyance “pending the applicant’s determination on how it intends to proceed.”
What led to the suspension request from RWE?
RWE requested the suspension of all dates and agreed to waive a twelve-month decision deadline “while it evaluates measures to address the impacts” of a decision from the Michigan Court of Appeals in May — which defines an “Affected Local Unit” as any local government in which all or part of a proposed energy facility will be located.
ALUs were previously defined only as units of local government that exercise zoning jurisdiction over such projects — in this case Zeeland Township and Jamestown Township.
The updated interpretation would include Ottawa County. Commissioner Joe Moss, who represents constituents near the project, has already voiced his support of the county’s intervention on social media.
A case status conference for the project held July 1 focused on whether RWE successfully met the requirement of meeting with all ALUs — and whether the MPSC still considers the application complete.
In a memo dated June 29, attorneys from Jamestown Township argued the answer should be no.
“At minimum, the case should be stayed, all deadlines suspended, and the applicant required to restart the ALU process for Ottawa County,” the memo reads.
The Smallegan Trust, an intervener in the case, made a similar argument July 3. The farming family is currently fighting to see their land released from the project in Ottawa County’s 20th Circuit Court.
Why is the project going before the MPSC?
RWE, a global energy company, filed an application with the MPSC for Silver Maple Solar on April 3 — bypassing the deciding bodies of Zeeland Township and Jamestown Township.
The business already held public hearings March 17-19 as part of the pre-application process under PA 233 — a relatively new state statute that allows applicants behind certain utility-scale solar, wind and battery energy storage projects to seek approval directly from the MPSC.
Who are the Smallegans?
RWE filed a civil lawsuit against several members of the family in June, alleging violations of a signed lease agreement and continued refusal to allow access to the property.
RWE is requesting a “speedy hearing” before Judge Jon Hulsing. The company wants the court to grant an exclusive and unconditional right to enter the property; forbid the family from directly or indirectly threatening, violating or interfering with those property rights; and award costs, expenses and attorney fees related to the lawsuit.
The Smallegans own a dairy farm that’s spanned three generations on land across both Zeeland Township and Jamestown Township. The family’s lease agreement with RWE, according to court records, affects 562.8 acres — or roughly 30% of the proposed Silver Maple Solar.
A hearing hadn’t been scheduled as of July 7.
RWE argues, if the company doesn’t “soon” gain access to the property to conduct required surveys, the solar project will “almost certainly fail.” The surveys, including soil boring samples, are necessary for the next iteration of the project’s design, which is planned for this month.
“The project cannot survive being forced to restart,” the filing reads.
— Cassidey Kavathas is the politics and court reporter at The Holland Sentinel. Contact her at ckavathas@hollandsentinel.com. Follow her on X @cassideykava.
This article originally appeared on The Holland Sentinel: Approval timeline suspended as complications plague Silver Maple Solar
Reporting by Cassidey Kavathas, Holland Sentinel / The Holland Sentinel
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By Cassidey Kavathas, Holland Sentinel | USA TODAY Network
