Kentucky Public Service Commission

Order Entered: the case is closed and removed from the Siting Board’s Docket.

Order Entered: 1. AEUG Fleming’s petition for reconsideration, clarification and for a formal conference is granted in part and denied in part. 2. AEUG Fleming’s petition for reconsideration and clarification for Mitigation Measure 3 is granted. Mitigation Measure 3 is stricken from Appendix A to the May 24, 2021 Order and replaced with the following: The Siting Board will determine if any deviation in the boundaries (as set forth in Mitigation Measure 2) is likely to create a materially different pattern or magnitude of impacts. If not, no further action is required; but if that is the case, AEUG Fleming will support the Siting Board’s effort to review its assessment of impacts and mitigation requirements. If AEUG Fleming modifies its site development plan from the version originally submitted with its Application in a manner that negatively impacts noise levels or external view, such as moving project infrastructure closer to adjoining neighbors, then it will similarly submit such information to the Siting Board for review as specified above.

Notice of Filing

M Todd Osterloh AEUG Fleming Solar, LLC

Petition for Reconsideration, Clarification and for a Formal Conference

M. Todd Osterloh AEUG Fleming Solar, LLC

Order Entered: 1. AEUG Fleming’s January 22, 2021 petition for confidential treatment is granted in part and denied in part. 2. AEUG Fleming’s request for confidential treatment in its January 22, 2021 petition for responses to Staff’s Initial Request, Item 16, is granted. 3. AEUG Fleming’s January 22, 2021 petition for confidential treatment for the leases contained in its responses to Staff’s Initial Request, Item 19(c), is granted solely for the material terms of the lease as defined within this Order. 4. AEUG Fleming’s January 22, 2021 petition for confidential treatment for Sections 3.3(a), 3.3(b), and 4.5 and all non-material terms of the leases contained in its responses to Staff’s Initial Request, Item 19(c), is denied.

Order Entered: 1. AEUG Fleming’s application for a Certificate to Construct an approximately 188 MWac merchant solar electric generating facility in Fleming County, Kentucky, remains conditionally granted subject to full compliance with the mitigation measures and conditions prescribed in Appendix A of the May 24, 2021 final Order. 2. The Siting Board approves the glare study submitted by AEUG Fleming as filed, satisfying the condition provided in mitigation measure No. 13 listed in Appendix A of the May 24, 2021 final Order.

Final Order Entered: 1. AEUG Fleming’s application for a Certificate to Construct an approximately 188 MWac merchant solar electric generating facility in Fleming County, Kentucky, is conditionally granted subject to full compliance with the mitigation measures and condition prescribed in Appendix A. 2. AEUG Fleming’s motion for deviation from the 2,000 feet setback requirement is granted. 3. AEUG Fleming shall fully comply with the mitigation measures and conditions prescribed in Appendix A.

Supplemental Response to PHDR Items 4 and 9

M Todd Osterloh AEUG Fleming Solar, LLC

Response to Post-Hearing Data Requests

M Todd Osterloh AEUG Fleming Solar, LLC

20210408_PSC Notice of Filing Hearing Documents.pdf

Data Request

Notice of Filing

M Todd Osterloh AEUG Fleming Solar, LLC

Order Entered: 1. Post-hearing data requests shall be filed in the record on or before Wednesday, April 7, 2021. 2. Responses to post-hearing data requests shall be filed in the record on or before Tuesday, April 20, 2021.

20210322_Memo Filing Executive Order into the Record.pdf

Notice of Filing

M Todd Osterloh AEUG Fleming Solar, LLC

Order Entered: 1. AEUG Fleming Solar’s motion for an extension of time to file its response to the HE Final Report is granted. 2. The deadline in which AEUG Fleming Solar shall file its response to the HE Final Report is extended from March 12, 2021, to March 17, 2021.

Response to Consultants Report

M Todd Osterloh AEUG Fleming Solar, LLC

Motion for Extension

M Todd Osterloh AEUG Fleming Solar, LLC

20210226_PSC_Memo Filing Final Report of Harvey Economics.pdf

Certification of Responses to Second Data Requests

M Todd Osterloh AEUG Fleming Solar, LLC

Motion for Deviation from Setback Requirements

M Todd Osterloh AEUG Fleming Solar, LLC

Response to Second Request for Information

M Todd Osterloh AEUG Fleming Solar, LLC

Data Request

AEUG Fleming Petition for Confidential Treatment

M Todd Osterloh AEUG Fleming Solar, LLC

Responses to Harvey Economics Initial Request for Information

M Todd Osterloh AEUG Fleming Solar, LLC

Responses to Siting Board Staffs Initial Request for Information

M Todd Osterloh AEUG Fleming Solar, LLC

Data Request

20201210_Acknowledgement Letter of Application Fees.pdf

20201207_PSC Memo Filing Letter to Governor.pdf

20201207_PSC Memo Filing Letter to Judge Foxworthy.pdf

Order Entered: The procedural schedule set forth in the Appendix to this Order shall be followed for this proceeding.

20201130_PSC No Deficiency Letter.pdf

Application

James W. Gardner AEUG Fleming Solar, LLC

Notice of Filing

M Todd Osterloh AEUG Fleming Solar, LLC

Notice of Date Change for Public Meeting

James W. Gardner AEUG Fleming Solar, LLC

Order Entered: 1. Fleming Solar's motion to approve form of public meeting is granted. 2. Within three days of the publication of the public notice, Fleming Solar shall submit a copy of the newspaper advertisement that will notify the public of the proposed public meeting format. 3. Within three days of the mailing of the notice to adjacent property owners, Fleming Solar shall submit a copy of the notice of the public meeting format that is required to be provided to owners of property adjacent to the solar project.

Motion to Approve Form of Public Meeting

M. Todd Osterloh AEUG Fleming Solar, LLC

20200625_PSC No Deficiency Letter.pdf

Notice of Intent

James W. Gardner AEUG Fleming Solar

20200624_PSC Acknowledgment Letter.pdf

AEUG Fleming Solar, LLC Notice of Intent to File an Application for a Certificate of Public Convenience and Necessity to Construct an Approximately 188 Megawatt Merchant Electric Solar Generating Facility in Fleming County, Kentucky pursuant to KRS 278.700