Ohio Supreme Court may have last word on Frasier Solar

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The upcoming Ohio Power Siting Board (OPSB) decision on Frasier Solar’s application to build a proposed 120-megawatt project in Knox County may not be the last word on the project. 

The Ohio Supreme Court is currently considering two cases that were brought to it. In both cases, developers appealed decisions by the OPSB that rejected applications for the proposed solar farms. 

Birch Solar would have been built about 10 miles southwest of Lima. Kingwood Solar had been proposed for Greene County. Both were rejected because local opposition led the OPSB to determine they were not in the “public interest,” one of the eight criteria a facility must meet before it can be approved. 

How the Court rules could affect the future of Frasier Solar because strong local opposition to the project is what Frasier’s opponents are hoping will lead the OPSB to reject its application. 

At the recent OPSB hearing, Craig Adair, the project lead for Frasier Solar, admitted that comments to the OPSB in opposition to the proposed solar project outweighed those in support by a sizable margin. 

According to Adair, “Of the 896 comments submitted by Knox County residents, 345 comments (39%) are in support of the Project, while 551 comments (61%) express opposition to the Project.”

Benjamin Dean also testified at the August 19 hearing. He created a dataset by obtaining all the public comments submitted to the OPSB.

“As of the end of the day on August 12, 2024, the number of Knox County residents who submitted comments opposing the Project outnumber the Knox County residents who submitted comments supporting the Project by a margin of 581 to 292, or 66.55% to 33.45%,” Dean testified.

In its case before the Court, Kingwood Solar is arguing that it met all of the criteria to have its project approved and the OPSB erred in its decision. 

“The Board’s consideration of and reliance on the local governmental authorities’ positions on the Project to determine that the Project is not in the public interest, convenience and necessity exceeded the Board’s statutory authority and therefore was unlawful and unreasonable,” Kingwood Solar wrote in its brief.

In both cases, support for the solar projects is coming largely from outside the counties where they would be built, just as was the case before the OPSB. Those supporting one or both of the projects include the International Brotherhood of Electrical Workers, the Ohio Chamber of Commerce, Ohio Independent Power Producers, the Ohio Senate Democratic Caucus, the Ohio Environmental Council, and the Ohio Manufacturers' Association Energy Group. 

Even if the OPSB approves Fraser Solar, the Court may get the last word. Madison County Commissioner Chris Wallace said he may appeal the OPSB’s decision to approve the application for the Oak Run Solar Project. The project was opposed by the Madison County Board of Commissioners and three townships’ boards of trustees.

“The decision by the Ohio Power Siting Board to deny our request for a rehearing is a clear disregard for the voices of Madison County residents and their elected representatives,” Wallace told NBC4“This is not just a loss for our community; it’s a troubling precedent where the will of the people is overlooked in favor of corporate interests.”

Although the OPSB has completed its hearing process, there is no specified timeline for when it will make its decision about Frasier Solar. 

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