Hopkins Township Supervisor Cade Bolser clarified a comment he reportedly made at the Township Board Meeting on April 13. It was widely reported that Bolser said NorthStar Clean Energy – Allegan Solar LLC was withdrawing its application for a solar project with Hopkins Township to go directly to the Michigan Public Service Commission (MPSC).
Given that such a move would be highly unusual in the site planning approval process, the report prompted media questions regarding the cause of such an action. According to the MPSC’s appeal flowchart, an applicant must initially apply with local authorities if that local unit has a “compatible renewable energy ordinance” before they can appeal. Hopkins Township has such an ordinance.
For background, NorthStar Clean Energy is a renewable energy company owned by CMS Energy Corporation, which also owns Consumers Energy.
Answering those media questions, Bolser said that NorthStar Clean Energy was not appealing to the MPSC. Bolser clarified that the letter the township received was NorthStar’s request to meet with the township to discuss the solar ordinance and its alignment with state requirements in Public Act 233 (PA 233).
Attorney Seth Koches, who works for Hopkins and Monterey townships, explained at a Monterey Planning Meeting in January that it is not unusual for a township’s ordinances regulating solar and Battery Energy Storage Systems (BESS) to be more restrictive than the state’s requirements. PA 233 allows for applicants to seek approval from the MPSC if the local authority refuses a special use permit.
However, the MPSC does not have jurisdiction to resolve disputes over local compatible renewable energy ordinances. A solar company cannot appeal to the MPSC unless local authorities deny the siting request or the township does not have a renewable energy ordinance.
The Michigan Legislature passed PA 233 in 2023 to help facilitate reaching Gov. Gretchen Whitmer’s goal of having 100% of energy produced in Michigan come from renewable sources. Whitmer also appointed all the members of the MPSC.
It was not clear when Hopkins officials and NorthStar’s representatives would meet, nor was it clear when NorthStar would submit the site application to Hopkins Township.
