COPAKE — The Town of Copake has asked New York state officials to dismiss Hecate Energy LLC’s application to build a 60 megawatt (MW) solar farm, known as Shepherd’s Run, along routes 23 and 7.
The town filed a brief with the New York State Office of Renewable Energy Siting (ORES) on Tuesday, Jan. 16, seeking dismissal of Hecate’s application or an adjournment of public comment based on changes in the company’s interest in land associated with the project.
At issue are close to 60 acres of land initially included in the planned project that no longer are available to the company for hosting up to 20% of the farm’s solar panels, and for a “laydown area” and road access to adjacent parcels included in the project.
A new owner of the land has requested that “the property not be considered as a potential site for any aspect of Hecate’s proposed Shepherd’s Run Solar Facility,” according to the town’s filing.
The town claims that the loss of the planned, leased property requires a redesign of the project.
The project has been greeted with community opposition since it was announced in 2017 and opponents repeatedly have taken their case to court without success. The project footprint spans 880 acres with a solar array covering about 220 acres. The installation would be one of the first things motorists encounter as they enter this agricultural community from the west along Route 23.
Hecate could not be reached for comment, but the company, based in Chicago, can respond to the town’s motion by Monday, Jan. 22, based on a ruling by ORES Executive Director Houtan Moaveni.
Moaveni overruled administrative law judges to grant the town additional time to air its case after the 60-acre parcel was out of the picture.
“It is unclear why Hecate failed to disclose the expiration of the lease option for the Property when it occurred, in September of 2023,” the town’s motion states. “As recently as December 15, 2023, Hecate distributed a project map to prospective parties and the ALJ’s (administrative law judges) that represents the Property as participating in the facility.”
The lease option expired Sept. 17, 2023, and on Jan. 2, the property was purchased by Craryville Farms LLC from Main Farm LLC.
The town requests dismissal of the application and cancellation of any further proceedings; or for ORES to permanently cancel public hearings on the current application and direct Hecate, if it chooses to proceed, to submit a revised application.
The ORES staff filed a response to the town’s appeal on Monday, Jan. 22, noting that based on the town’s motion it “appears that the applicant [Hecate] may not meet the regulatory requirements necessary to obtain a final siting permit for the facility as initially proposed. [...] Such deficiency, if not meaningfully rebutted by the applicant, may require denial of the application.”
Under state regulations, no amendments are permitted to an application once ORES has deemed it “complete,” which it did in August 2023. The ORES statement continued that given this circumstance, the options for Hecate include withdrawing its application and resubmitting. Or, “ORES may consider the scope of the proposed changes and either incorporate any required changes in the final siting permit or deny the application.”
The ORES staff “requests the opportunity to address any responsive filings provided by the applicant,” the filing concluded.
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