FLAT CREEK SOLAR

BRINGING SOLAR-POWERED ENERGY TO MONTGOMERY COUNTY, NEW YORK

Flat Creek Solar NY LLC (Flat Creek) is proposing to construct the Flat Creek Solar Project, a 300-megawatt (MW) solar facility in the Towns of Root and Canajoharie in Montgomery County, New York.

FLAT CREEK SOLAR

BRINGING SOLAR-POWERED ENERGY TO MONTGOMER COUNTY, NEW YORK

Flat Creek Solar NY LLC (Flat Creek) is proposing to construct the Flat Creek Solar Project, an up to 300-megawatt (MW) solar facility in the Towns of Root and Canajoharie in Montgomery County, New York.

ABOUT THE PROJECT

The project is anticipated to include single-axis tracker solar panels, power inverters to convert electricity from direct current (DC) to alternating current (AC), permanent access roads, collection lines, and a substation and switchyard to deliver electricity to the existing New York Power Authority (NYPA) 345 kilovolt (kV) transmission line.

ABOUT THE PROJECT

The project is anticipated to include single-axis tracker solar panels, power inverters to convert electricity from direct current (DC) to alternating current (AC), permanent access roads, collection lines, and a substation and switchyard to deliver electricity to the existing New York Power Authority (NYPA) 345 kilovolt (kV) transmission line.

PROJECT STATUS

Flat Creek has prepared an application for a Permit for a Major Renewable Energy Facility pursuant to Article VIII of the New York State Public Service Law, which was submitted to the Office of Renewable energy siting (ORES) on September 6, 2024. Documents formally filed with the Office of Renewable Energy Siting for the Project can be accessed here.

For more information, please email flatcreekinfo@cordeliopower.com.

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Landowners can reach Cordelio’s land team by emailing land@cordeliopower.com

Project Information
Notices
What is Article VIII?
- Effective April 20, 2024, the Renewable Action through Project Interconnection and Development (RAPID) Act (L 2024, ch 58, part O) repealed Executive Law § 94-c, repealed the current Public Service Law article VIII, and enacted a new Public Service Law article VIII entitled “Siting of Renewable Energy and Electric Transmission” (Article VIII). The RAPID Act also transferred the Office of Renewable Energy Siting (ORES) from the Department of State to the Department of Public Service, continuing all existing functions, powers, duties, and obligations related to major electric transmission siting.
  
  With respect to ORES’s regulations at 19 NYCRR part 900, the RAPID Act transfers part 900 to 16 NYCRR chapter XI and continues part 900 in full force and effect subject to conforming changes, such as the substitution of numbering, names, titles, citations, and other non-substantive changes to be filed with the Secretary of State (see RAPID Act §7). The conforming changes were filed with the Secretary of State as a new Part 1100 of Title 16 of the NYCRR and became effective July 17, 2024. Article VIII and the former 19 NYCRR Part 900 (Section 94-c) provide for the State’s consolidated review and permitting process for major renewable energy facilities (25 megawatts or larger).
  
  Article VIII places the review and permitting of such facilities into a single forum, the Office of Renewable Energy Siting (ORES). ORES has the authority to issue a single permit for the construction of major renewable energy facilities from both a state and local law perspective. ORES takes into consideration local laws, public health and safety, environmental, social and economic factors pertinent in deciding to permit such facilities.
Article VIII Permitting Process
- Overview
  - The Article VIII process contains pre-application public engagement with the local community, pre-application consultations with state agencies and local municipalities, application review, draft permit, hearings and decision, and compliance.
  - Projects must be designed to avoid or minimize, to the maximum extent practicable, potentially significant adverse environmental impacts.
  - Article VIII requires that the final decision on a project’s permit be made within one year of the application being completed.
  - Only projects with “substantive and significant” issues require evidentiary hearings, testimony and briefing.
  - Projects are required to comply with substantive provisions of applicable local laws and regulations. ORES can elect not to apply a local law that is unreasonably burdensome in view of CLCPA targets and environmental benefits of the project.
  Schedule
  
  Pre-Application
  - Begin preparing draft reports and local agency consultations 18 months to 1 year before filing an application.
  - Meet with agencies.
  - At least 60 days before filing an application, meet with host municipalities and hold a community meeting.
  Application Completeness Review
  - 60-day application completeness review period – can be extended by 30 days on consent.
  - If incomplete, applicant will submit a supplement.
  - Another 60-day review period will follow after submission of the supplement.
  - After all required information is provided, ORES deemed application “complete.”
  Draft Permit and Comment Period
  - 60 days after an application is deemed complete, a draft permit will be issued, which will be a combination of the uniform standard conditions (USC) and site-specific conditions.
  - 60 days after application is deemed complete, ORES will issue a combined notice.
  - The combined notice kicks oZ a 60-day public comment period on the draft permit conditions.
  - No less than 60 days from the combined notice issuance, a public comment hearing will be held.
  - 30 days after an application is deemed complete, intervenor funding requests are due (applicant provides $1,000/MW upon application filing for intervenor funds)
  Issues/Party Status
  - The period for filing a petition for party status shall be a minimum of 60 days from the date of the combined notice issuance.
  - The period for filing a statement of compliance with local laws shall be a minimum of 60 days from the date of the combined notice issuance.
  - The administrative law judge (ALJ) will set the schedule for the filing of a statement of issues (may also set diZerent dates for party requests and statement of compliance with local laws).
  - The applicant has 15 days to respond to party status and statement of compliance with local laws.
  Issue Determination
  - 30 days after receipt of written submission of issues, the ALJ will decide party status, issues for adjudication – if any, rule on any issues of law that don’t require hearings and decide any pending motions.
  Adjudicatory Hearings/Decision
  - There is no set deadline for when hearings must occur after issues determination.
  - Parties are required to submit pre-filed testimony in advance of an adjudicatory hearing.
  - The ALJ shall issue a recommended decision within 45 days after the close of the record.
  - Parties have 14 days to submit comments on the recommended decision.
  - The final decision of the Executive Director shall be issued within 30 days after receipt of all comments on the recommended decision and hearing report (no later than one year after the Application has been deemed complete).
  - Parties have 90 days to appeal the final decision to the Appellate Division.
  Public Engagement
  - Prior to submitting a permit application, renewable energy projects are required to consult with the host municipalities and communities in which the proposed project will be located.
  - ORES also requires that state agencies are consulted and subsequently review and approve decisions involving wetland and stream delineations, threatened and endangered species, and archeological and cultural resources, if appropriate. Agency consultations should take place at the earliest point possible in the applicant’s process.
  - Following consultations with impacted agencies, Article VIII applicants must hold at least one meeting for community members. Notice of the meeting should be provided to community members no sooner than 21 days before the meeting takes place, and no later than 14 days before the meeting takes place. Included in an Article VIII application are copies of meeting transcripts, materials, and discussions. Notice of intent to file an application should be published by the applicant at least 60 days before the application is filed.
  - Municipalities are notified upon ORES issuance of draft permit conditions and are required to provide feedback on the draft permit conditions and compliance with local laws. In addition, there is a 60-day public comment period following the publishing of the draft permit.
  Application
  
  Exhibits required as part of an Article VIII Application include summaries, third party reports and information on the following topics:
  - General Requirements
  - Overview and Public Involvement
  - Location of Facilities and Surrounding Land Use
  - Real Property
  - Design Drawings
  - Public Health, Safety and Security
  - Noise and Vibration
  - Visual Impacts
  - Cultural Resources
  - Geology, Seismology, and Soils
  - Terrestrial Ecology
  - NYS Threatened and Endangered Species
  - Water Resources and Aquatic Ecology
  - Wetlands
  - Agricultural Resources
  - EZect on Transportation
  - Consistency with Energy Planning Objectives
  - Socioeconomic EZects
  - Environmental Justice
  - EZect on Communications
  - Electric System EZects and Interconnection
  - Electric and Magnetic Fields
  - Site Restoration and Decommissioning
  - Local Laws and Other Ordinances
  - Other Permits and Approvals
  Compliance
  
  Once the project is as received its final siting permit, there is a three-part compliance phase:
  - Pre-Construction – filing of engineering and design documents, permits, and approvals prior to construction.
  - On-Site Compliance – on-site inspections by state agency personnel after construction begins to ensure the project is complying with the certificate.
  - Long-Term Compliance - on-site inspections regarding the operation of the facility over its lifetime.
How to Request Party Status
- How to request party status for an Article VIII proceeding
  
  In order to formally file papers related to issues of fact and have them considered as part of the evidentiary record, you must be granted full party or amicus status pursuant to Section 1100-8.4 of the Article VIII regulations. The period for filing a petition for party status shall be at least 60 days from the Office of Hearing’s issuance of notice of the public comment hearing. Nonparties who wish to have their comments recorded are permitted to submit oral or written comments during the public comment portion of the proceedings, or as otherwise provided by the ALJ. Such public statements will not constitute evidence in the adjudicatory hearing but may be used by the ALJ as a basis for further inquiries.
  
  To request full party or amicus status, an interested party should file a written petition and complete one of the following two options:
  
  For full party status, interested parties should file a petition that includes:
  - Identification of the proposed party together with the name(s), address, telephone number and email address of the person or persons who will act as representative of the party;
  - Statement of the petitioner's interest related to the standards and conditions established by the ORES for the siting, design, operation, and construction of the project;
  - Identification of any interest relating to statutes administered by other State agencies or the ORES relevant to the project;
  - Statement that the petition is for full party status;
  - Identification of the precise grounds for opposition or support;
  - Identification of an adjudicable issue(s) that meets the criteria set forth in Section 1100- 8.3(c); and
  - An offer of proof specifying the witness(es), the nature of the evidence the person expects to present and the grounds upon which the assertion is made with respect each issue identified.
  For amicus party status, interested parties should file a petition that includes:
  - Identification of the proposed party together with the name(s), address, telephone number and email address of the person or persons who will act as representative of the party;
  - Statement of the petitioner's interest related to the standards and conditions established by the ORES for the siting, design, operation, and construction of the project;
  - Identification of any interest relating to statutes administered by other State agencies or the ORES relevant to the project;
  - Statement that the petition is for amicus status;
  - Identification of the precise grounds for opposition or support;
  How to Request Party Status
  - Identification of the nature of the legal or policy issue(s) to be briefed which meets the criteria of Section 1100-8.3(c); and
  - A statement explaining why the proposed party is in a special position with respect to that issue.
Intervenor Funding
- Intervenor Funding
  
  The siting process under Article VIII requires that applicants submit with their application $1,000 dollars for each MW of capacity, to be deposited into a local agency account to be made available to local agencies and potential community intervenors for the purpose of contributing to a complete record leading to an informed permit decision as to the appropriateness of the site and the facility, and for local agencies, shall include the use of funds to determine whether a proposed facility is designed to be sited, constructed and operated in compliance with applicable local laws and regulations. This includes the cost to defray expenses for experts.
  
  Seventy-five percent of local agency account funds shall be reserved for local agencies. Any local agency or potential community intervenor shall submit a request for initial funding within thirty (30) days of the date of application filing and such requests can be made to: general@ores.ny.gov or by mail to:
  
  Attention: Request for Local Agency Account Funding OPice of Renewable Energy Siting Empire State Plaza 240 State Street P-1 South, J Dock Albany, NY 12242
Public Documents and Contact Information
- Public Documents and Contact Information
Newsletter
- August Newsletter
Article VIII Application