Minnesota Public Utilities Commission sets hearings for request by Elk Creek Solar
NOTICE OF PUBLIC HEARINGS,
AVAILABILITY OF ENVIRONMENTAL ASSESSMENT, AND COMMENT PERIOD
Issued: January 29, 2024
In the Matter of the Request for Amendment of Permit Conditions by Elk Creek Solar, LLC for the 160 MW Elk Creek Solar Project in Rock County, Minnesota
PUC Docket Number: IP-7009/GS-19-495
OAH Docket Number: OAH 65-2500-39582
PLEASE TAKE NOTICE that the Minnesota Public Utilities Commission (Commission) will hold public hearings on the application of Elk Creek Solar, LLC (Elk Creek) for a site permit amendment for an up to 160 megawatt (MW) solar energy generating system (project). The hearing is an opportunity to provide comments on the draft amended site permit, and to comment on the supplemental environmental assessment developed as a requirement of the permit amendment request. These documents are available on the Commission eDockets website for public review, which can be found at https://mn.gov/puc/edockets/.
In-Person Hearing
Date: February 12, 2024
Time: 1:00 P.M.
Location: Grand Prairie Event Center
205 South Estey Street
Luverne, MN 56156
To find out if the February 12, 2024, hearing is canceled due to inclement weather or other reason, call 1-855-731-6208 or 651-201-2213, or visit mn.gov/puc.
If the February 12, 2024, hearing is cancelled, the In-Person Hearing will be rescheduled to:
Date: February 15, 2024
Time: 1:00 P.M.
Location: Grand Prairie Event Center
205 South Estey Street
Luverne, MN 56156
The in-person hearing on February 15, 2024, will only occur if the February 12,
2024, hearing is cancelled.
In addition to the in-person hearing in the project area, there will also be a virtual
hearing where parties, participants, and members of the public can attend by video
or telephone.
Online (WebEx) Hearing
Date: February 13, 2024
Time: 6:00 P.M.
To join by WebEx (Webinar) Link (video and audio):
https://minnesota.webex.com/minnesota/j.php?MTID=m6a91a4171651d08d4d5
5711937000d b4
Webinar Number: 2487 518 1086
Webinar Password: MnPUC! (667820 from phones)
To join by telephone (audio only): 1-855-282-6330 Toll Free
Access Code: 2487 518 1086
To join the hearing by video, you must use a computer, tablet, or cellular telephone with a camera, microphone, and internet capacity. If you are joining the hearing using the WebEx link and would like to ask a question or make a comment during the designated portion of the hearing, use the “raised hand” function to alert the meeting moderator. When it is your turn to speak, your video will be turned on, your microphone will be unmuted, and you will be able to ask questions and provide comments.
If you are joining the hearing by telephone only, press *3 on your phone. When it is your turn to speak, your line will be unmuted, and you will be able to ask questions and provide
comments.
Additional information and instructions for virtual hearing participation are
available at:
https://mn.gov/puc/activities/meetings/webex/
Public Hearing Information
The Honorable Ann O’Reilly, Administrative Law Judge with the Office of
Administrative Hearings, will preside over the public hearings and provide the
Commission with a summary of those comments.
The purpose of the public hearing is to obtain public input on the proposed permit amendments, which seek to add more area and capacity to the project, as well as to compile a record for the Commission to consider in making a final decision on the site permit amendment. Specifically, interested persons will have the opportunity to: (1) ask questions of the applicant and agency staff; (2) offer oral and written comments on the merits of the proposed project amendment; and (3) suggest possible conditions to be considered for inclusion in the amended site
permit.
Comments received at the hearings and during the comment period will be used to inform the record and assist the Commission in making its final decision. The information presented will be the same at both the virtual and in-person hearings. The hearings will end when all persons present have had the opportunity to be heard and all other business has been concluded. Therefore, it is important to join the hearing at the published start time. If you arrive late, the hearing may have already concluded.
Members of the public may participate without the necessity of intervening as a
party. Representation by legal counsel is permitted but not required.
Minnesota Statutes and Rules. This project is being reviewed under Minnesota
Statutes chapter 216E and Minnesota Rules chapter 7850. The rules and statutes are
available for review at: www.revisor.mn.gov.
Written Comment Period
Written comments will be accepted through February 26, 2024, by 4:30 p.m. Please include the docket number (19-495) in all communications. Comments received after the close of the comment period may or may not be considered by the Commission.
Please focus your comments on information that will help answer the following
questions:
• Should the Commission amend the site permit for the proposed amendment
to the project?
•If the amended site permit is granted for the facility, what additional conditions
or requirements should be included?
•What are the environmental and human impacts of the proposed project amend-
ment and how can these impacts be addressed?
•Are there other project-related issues or concerns?
Comments may be submitted:
Online https://mn.gov/puc/consumers/public-comments
Email consumer.puc@state.mn.us
U.S. Mail Consumer Affairs Office
Minnesota Public Utilities Commission
121 7th Place East, Suite 350
St. Paul, MN 55101
Written comments may also be submitted at the in-person hearing and will be
included in the project record. You may bring a copy of your written comments to
the in-person hearing or submit them as provided above.
All comments will be made available to the public via the Commission’s
website (eDockets), except in limited circumstances consistent with the Minnesota
Government Data Practices Act. The Commission does not edit or delete personal
identifying information from submissions.
Environmental Assessment
On January 29, 2024, the Minnesota Department of Commerce (Department) issued a supplement to the environmental assessment (EA) for the project. The purpose of the EA supplement is to provide information on the potential human and environmental impacts of the proposed amendment to the project and possible mitigations for identified impacts. The EA supplement is available on the Department’s website and on eDockets (see Additional Information, below). Print copies of the EA are available from the Department upon request; please contact Erika Wilder at the Department (Erika.wilder@state.mn.us or 651-539-1009).
Project Description
On December 31, 2020, the Commission granted a certificate of need and issued a site permit to Elk Creek Solar, LLC (Elk Creek) for an 80 MW solar energy generating system in Rock County (project). According to Elk Creek, repeated delays in its interconnection request with the Midcontinent Independent System Operator delayed the project’s commercial operation and required Elk Creek to substitute other projects for the Power Purchase Agreement (PPA) they had initially secured for the project. Elk Creek is currently looking to secure a new PPA for this project.
On June 1, 2023, Elk Creek, a wholly owned subsidiary of National Grid
Renewables Development, LLC (NG Renewables), requested an amendment to its
site permit to: (1) increase the project area from 976 acres to 1,522 acres; (2) increase
the nameplate capacity from 80 MW to 160 MW; (3) extend the expiration date of
the site permit to 30 years from the date of the amended permit issuance; (4) add
546 acres of land in Vienna and Magnolia Townships to the project area; and (5)
modify the permitted associated facilities.
On October 10, 2023, the Commission granted Elk Creek’s request to initiate the permit amendment process, but imposed certain conditions on the process. Conditions included the development of a supplement to the EA that was created during the initial permit review process; a requirement that the applicant submit a new standalone application; and the scheduling of an additional in-person public hearing in the project area.
Additional Information
Filing Requirements. Utilities, telecommunications carriers, official parties, and state agencies are required to file documents using the Commission’s electronic filing (eFiling) system called eDockets. All parties, participants, and interested persons are encouraged to use eFiling by going to
mn.gov/puc/edockets, select Go to eDockets, and follow the prompts.
Full Case Record. See all documents filed in this matter via the Commission’s
website at mn.gov/puc/edockets, select Go to eDockets, enter the year and
the docket number (19-495), and select Search.
Subscribe to the Docket. To receive email notification when new documents
are filed in this matter visit: https://www.edockets.state.mn.us/EFiling, select Subscribe
to Dockets, and follow the prompts.
Project Mailing List. To sign up to receive notices about the project and opportunities to participate in the permit process, or to change your mailing preference, please email eservice.admin@state.mn.us or call 651-201-2246. You must include the docket number (19- 495), your name, your mailing address,
and your email address to be added to the project mailing list.
Department of Commerce Website: For more information about this project, please visit: https://eera.web.commerce.state.mn.us/web/project/13739
Questions about these dockets or Commission process and procedure? Contact Commission staff, Sam Lobby at sam.lobby@state.mn.us or 651-201-2205.
If any reasonable accommodation is needed to enable you to fully participate
in this hearing, please contact the Commission at 651-296-0406 or 1-800-657-
3782 at least one week in advance of the hearings.
To request this document in another format, such as large print or audio,
call 651-296-0406 (voice). Persons with a hearing or speech impairment
may call using their preferred Telecommunications Relay Service or may
email consumer.puc@state.mn.us for assistance.
