The DEQ process regarding utility scale solar facilities is in dire need of an overhaul.

The current NOI portion of this process has multiple faults. These include the following:

• • Stakeholders do not have meaningful opportunity to participate. 
  • Parent companies and their divisions or subsidiaries that oversee multiple energy projects are not identified
  • Often, very few local residents and landowners are aware of a proposed project
  • Inadequate or often no time for county/city officials to gather and digest impacts of projects 
  • Inadequate or often no time for citizens to gather and digest impacts of projects 
  • Lack of transparency surrounding process

Local officials and citizens need time to assess and evaluate how individual utility scale solar projects mesh with land use, local impacts, community desires, etc. Input should also be sought from DCR and DWR as part of the local process. The siting of each project can greatly vary and consume enormous tracts of land that encompass many square miles, yet can fall under the purview of a DEQ Solar PBR Application. 

Example of NOI obscuring chain of ownership:

Riverstone Solar, Notice of Intent - Small Renewable Energy Project (Solar) - RE0000211

Date Posted: 12/1/2021

Expiration Date: 12/20/2021

Note: Ares Management is the majority stake holder of Apex Clean Energy. Apex Clean Energy has and is developing multiple energy projects across the United States. These assorted projects are developed as LLCs. It would be helpful to stakeholders if company hierarchy was disclosed through the NOI.

Example of NOI hindering stakeholder participation:

Riverstone Solar LLC (being developed by Apex Clean Energy) entered the PJM New Services Queue on 9.12.2018. However, the NOI was posted to the Regulatory Town Hall on 12.01.2021. Over three years of time elapsed between these two events.

Further, The Riverstone Solar LLC NOI was posted after a SUP was approved by the Buckingham County BOS. The original SUP had been approved almost a month prior to the NOI.

The NOI process should be amended and improved. The NOI should be submitted and posted at the State level months prior to any local level introductions or public hearings. This will serve to promote meaningful public involvement. Additionally, majority stake holders, parent companies and developers of multiple LLCs involved with the proposed projects should be disclosed as part of the NOI.