by Joseph Schultz
In the on-again/off-again back-and-forth between NorthStar Clean Energy’s solar project and Monterey and Hopkins townships, it looks like it is “off” again.
Monterey Supervisor Henry Reinart told the Township Board that NorthStar sent a letter stating it is withdrawing its special use application and will instead seek approval from the Michigan Public Service Commission (MPSC).
Reinart said the reason NorthStar gave for going to the MPSC was Monterey’s lack of a Battery Energy Storage System (BESS) ordinance. Instead of waiting for Monterey to craft one, NorthStar decided to appeal to the state.
Though NorthStar expressed its intent to appeal to the MPSC, it has not yet sent an official withdrawal to Lori Castello of Professional Code Inspections (PCI). Castello advised the township that until she receives official notification, the solar project should remain on the agenda for the planning meeting May 11.
In January, NorthStar Clean Energy – Allegan Solar LLC told the Monterey Planning Commission that a 101-megawatt solar energy system and a 200-megawatt-hour BESS project would be built in Monterey and Hopkins townships. NorthStar is a renewable energy company owned by CMS Energy Corporation, which also owns Consumers Energy.
NorthStar sought a zoning variance from the Hopkins Zoning Board of Appeals (ZBA) in February to build closer than 300 feet from a non-associated dwelling. The company also requested to build closer than 100 feet from a 100-year flood plain and a wetland.
The request was not heard due to an error in the official notifications so in March, NorthStar withdrew the request.
Senior Manager Colin Daining explained that the company was “looking at a different approach.”
It was revealed at the March Monterey planning meeting that Monterey did not have a “compatible renewable energy ordinance” regarding the BESS. Township lawyers and engineers were scheduled to meet with NorthStar’s counterparts to resolve the issues.
NorthStar failed to submit an expected application last month to Hopkins Township. Amid reports of an MPSC appeal, Township Supervisor Cade Bolser clarified that the letter the township received was NorthStar’s request to meet with the township to talk about the township’s solar ordinance, and its alignment with state requirements in Public Act 233.(PA 233) There has been no word on those discussions.
Reinart stated it was his understanding that the entire project is moving to the MPSC. However, that has not been verified with Hopkins Township.
According to the letter, NorthStar will file its appeal by the end of June. Under state law, Michigan will compensate the townships for the costs of presenting their defense to the MPSC.
The Michigan Legislature passed PA 233 at the March Monterey planning meeting to help reach Gov. Gretchen Whitmer’s goal of 100% renewable energy production in the state. The act grants the MPSC the power to approve special use permits over the objections of local authorities.
This appeal process is becoming a popular avenue for renewable energy projects. Just last month, Silver Maple PV, LLC filed an appeal for a solar project in Jamestown and Zeeland townships. That case is still ongoing.
