Energy agency asks for public comment one last time

Benjamin Joe, Lockport Union-Sun & Journal, N.Y.
·2 min read

Oct. 6—The outlook for residents opposed to the Bear Ridge Solar Project in the towns of Cambria and Pendleton is coming closer to a seemingly final standoff.

ORES, the state agency in charge of siting renewable energy projects, recently released a draft permit to Cypress Creek Renewables, the solar company developer that proposed the 900-acre project.

Residents can now only hope that their final comments strike a chord at the 5 p.m. Dec. 13 meeting at Cambria's Volunteer Fire Co. being hosted by ORES.

To Cambria Supervisor Wright Ellis, the biting edge of the permit is its disregard of laws that he and the citizens of Cambria had crafted to give the developer a place in their town, but with certain restrictions.

"There are 450 acres of industrially zoned land," Ellis said. "Why can't they go there?"

The Cambria Solar Law did get some pushback in ORES's draft permit benefiting Cypress Creek. Again and again, issues such as zoning, the preservation of farm land, and setbacks from parks and roads are neatly cut out with the phrase "unreasonably burdensome," and that the developer did not have to apply to in its plans.

Ellis also said that the project has moved forward in a manner that he's never seen before.

"This is the only activity where the community is shut out of the siting process," he said. "It's up to the developer. They decide where to go and make arrangements with land owners and the community is shut out."

Currently, Ellis said that the town will be making a written response by the ORES's deadline of 5 p.m. Dec. 23.

According to Bear Ridge Solar Senior Project Developer Keith Silliman, if a comment is raised that is a significant issue, as ruled by a judge, there may be a hearing on that issue, potentially changing the permit.

He also said that he has seen nothing in the permit, though his team is still looking at "every word" of the document, that suggests that Cypress Creek will pursue changes of its own.

"We are happy with the draft permit ORES has issued," Silliman said.

Silliman broke down the timeline after the meetings if the public hearing and written submissions do not bring up significant issues to ORES's attention.

He said a "pre-construction compliance plan" will be required by ORES and that will involve filing detailed construction plans to the Department of Public Service and ORES. He estimated that would take nine-months, making the start construction date in spring of 2024.

Also after the public comment ends, Silliman said that Cypress Creek would speak of Host Community Agreements, as well as tax deals with the towns in the hopes of making the project "palatable" for the residents.

"We hope to get out to the towns to talk about Host Community Agreements and PILOTS for the community," he said.