The Samsung Richwood Solar application has been issued its letter of completeness from the state.
At the regular meeting Wednesday, the Union County Commissioners discussed a letter sent out last Friday from the Ohio Power Siting Board stating the application was found to be in compliance with the state standards to begin the project application review process.
According to the letter, the OPSB will now review the project and, during the investigation, “may request additional information to ensure (the board) can continue to conduct its review of the application, including but not limited to: Providing further information regarding agricultural land impacts.”
This means property owners, residents and local officials are encouraged to submit their support or opposition to the state to be considered for the case.
Residents are encouraged to make comments regarding the proposal at any time and can do so either in writing or online on the OPSB website.
According to the OPSB, those interested in a formal intervention “must file a notice of intervention with the (OPSB) within thirty days of being served a copy of the application.”
Local officials, businesses and organization looking to intervene can request to do so through the OPSB and require legal counsel. Individuals looking to do it don’t have to have legal counsel but do have to request intervention before the deadline set.
While the board did not list a deadline for when those submissions had to be made, it did list April 21 as the date ad hoc board members should be selected to represent affected parties. The commissioners have to choose one commissioner or a designee to represent the county and the trustees for the three townships in the project area, Leesburg, Taylor and Claibourne, have to choose a trustee or designee, to serve as the representative for the three townships.
“The service of that, of the copy of the application, then triggers the 30 days for intervention. So I would expected the service to be completed relatively soon,” said Assistant Prosecutor Thayne Gray. “And then after the intervention period closes, based on past experience, the administrative law judge to whom the case has been assigned, will establish a scheduling order.”
Once the investigation is finished, the first public hearing will be set. There will be a local hearing and an adjudicatory hearing.
According to the OPSB, the purpose of the local hearing is to “gather sworn statements concerning the application from members of the public” and “provide the board with information about the reaction of the local community to the proposed application, and the hearing transcript becomes part of the case documents in the official record that the board considers before making its decision.”
Now that the application has received the letter of completeness, the county’s next step in the immediate term is to lock down legal counsel. Previously, the county said it would partner with members of the affected townships to get legal counsel as a group to file in opposition to the project.
County Administrator Bill Narducci said that hasn’t been easy to do but he hopes something will be decided by the end of the week.
“We’re still looking,” he said. “The initial attorney that we reached out to who has represented counties in some similar cases is no longer taking these types of cases.”
He said the county is going through its list and as of Wednesday, had two strong candidates that they were pursuing. He said he hoped to have someone firmly committed by the end of this week.
Resident Keith Engle, who has property near the proposed Samsung site, told the commissioners that he wanted to commend the board for choosing to intervene.
He said he is also in support of the county seeking legal counsel and doing so jointly with other townships.
“I feel that this shows responsible utilization of the county tax dollars as you are not seeking duplicate representation if your positions are aligned,” Engle said. “As has been stated in previous meetings, not all solar developers have worked in good faith with the county to ensure that issues and concerns by the local community have been addressed and resolved.”