Kentucky Public Service Commission

Final Order Entered: 1. Mt Olive Creek’s application for a Certificate to Construct an approximately 60 MWac merchant solar electric generating facility in Russell County, Kentucky, is conditionally granted subject to full compliance with the mitigation measures and condition prescribed in Appendix A. 2. Mt Olive Creek’s motion for deviation from the 2,000 foot setback requirement is granted in part, such that a 150-foot setback requirement shall apply to each of the six neighborhoods that lie within 2,000 feet of the Project site: Neighborhood A at 150 feet from the Project, Neighborhood B at 160 feet from the Project, Neighborhood C at 550 feet from the Project, Neighborhood D at 720 feet from the Project, Neighborhood E at 180 feet from the Project, and Neighborhood F at 1,030 feet from the Project. In addition, the setbacks and requirements listed in Appendix A, mitigation measure 28 apply. 3. Mt Olive Creek shall fully comply with the mitigation measures and conditions prescribed in Appendix A. 4. In the event mitigation measures within the body of this Order conflict with those prescribed in Appendix A, the measures in Appendix A shall control. 5. This case is closed and removed from the commission's docket.

20211028_Acknowledgement Letter of Additional Application Fees.pdf

Order Entered: 1. Mt Olive Creek’s motion for an extension of time is granted. 2. Mt Olive Creek shall remit the supplemental application fee of $38,903.74 to the Siting Board no later than five (5) days following service of this Order.

20211013_PSC Notice of Filing Hearing Documents.pdf

Response to Post-Hearing Request for Information

Gregory Dutton Mt Olive Creek Solar LLC

Data Request

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before September 29, 2021. 2. Responses to post-hearing data requests shall be filed on or before October 12, 2021. 3. This case shall stand submitted for a decision by the Siting Board effective 12:01 a.m., October 13, 2021.

Motion for Extension of Time

Gregory Dutton Mt Olive Creek Solar LLC

20210923_Memo Filing Document into the Record.pdf

Notice of Transfer

Gregory Dutton Mt Olive Creek Solar LLC

Public Notice

Gregory Dutton Mt Olive Creek Solar LLC

Order Entered: Mt. Olive Creek is assessed a supplemental application fee of $38,903.74, which shall be remitted to the Board no later than September 27, 2021.

Order Entered: 1. Mt. Olive Creek’s July 11, 2021 motion for confidential treatment is granted. 2. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for five years or until further Order of this Siting Board. 3. Use of the designated material granted confidential treatment by this Order in any Siting Board proceeding shall comply with 807 KAR 5:001, Section 13(9). 4. Mt. Olive Creek shall inform the Siting Board if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.

Affidavit Regarding Informational Forum

Gregory Dutton Mt Olive Creek Solar LLC

Public Notice of Public Meeting

Gregory Dutton Mt Olive Creek Solar LLC

Order Entered: 1. Mt. Olive Creek’s motion to deviate from filing requirements is granted. 2. Mt. Olive Creek’s response to Staff’s Second Request, Item 18, is accepted for filing as of August 3, 2021.

Order Entered: 1. A public hearing in this matter shall be scheduled for September 15, 2021, at 5:00 p.m. Central Daylight Time, or 6:00 p.m. Eastern Daylight Time, at the Russell County Courthouse, 410 Monument Square, Suite 204, Jamestown, Kentucky 42629. 2. The Applicant shall give adequate public notice of this rescheduled hearing pursuant to 807 KAR 5:110, Section 9.

Order Entered: 1. Mt. Olive Creek Solar, LLC, shall appear on Tuesday, September 28, 2021, at 1:30 p.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purposes of presenting evidence. 2. Mt. Olive Creek Solar, LLC, shall give notice of the hearing in compliance with 807 KAR 5:110, Section 9(1). In addition, the notice of hearing shall include the following statements: “This hearing will be streamed live and may be viewed on the PSC website, psc.ky.gov.”; and “Public comments may be made at the beginning of the hearing. Those wishing to make oral public comments may do so by following the instructions listed on the PSC website, psc.ky.gov.” At the time the notice is mailed or publication is requested, Mt. Olive Creek Solar, LLC, shall forward a duplicate of the notice and request to the Commission. 3. Pursuant to 807 KAR 5:110, Section 6(7), a digital video transcript shall be made of the hearing.

Response to Consultants Report

Gregory Dutton Mt Olive Creek Solar LLC

20210816_Letter Filing Document into the Record.pdf

20210811_Letter Filing Document into the Record.pdf

Response to Second Request for Information

Gregory Dutton Mt Olive Creek Solar LLC

Data Request

Supplemental Response to Requests for Information

Gregory Dutton Mt Olive Creek Solar LLC

Motion for Confidential Protection

Gregory Dutton Mt Olive Creek Solar LLC

Supplemental Response to Initial RFI

Gregory Dutton Mt Olive Creek Solar LLC

Response to Initial Requests for Information

Gregory Dutton Mt Olive Creek Solar LLC

Data Request

Carrie S. Pendleton Request for Public Hearing

Elvin Tiller Request for Public Hearing

Cameron Tiller Request for Public Hearing

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

Notice of Substitution of Counsel

Gregory Dutton Mt Olive Creek Solar LLC

20210527_Memo Filing Document into the Record.pdf

Supplemental Information

M Todd Osterloh Mt Olive Creek Solar, LLC

20210521_Memo Filing Executive Order into the Record.pdf

Motion for Deviation

James W. Gardner Mt Olive Creek Solar, LLC

20210512_PSC No Deficiency Letter.pdf

20210510_Acknowledgement Letter of Application Fees.pdf

Application for Certificate of Construction

James W. Gardner Mt Olive Creek Solar, LLC

Renewed Notice of Intent

James W. Gardner Mt Olive Creek Solar, LLC

Notice of Filing - Public Notice

M Todd Osterloh Mt Olive Creek Solar, LLC

Order Entered: 1. Mt Olive Creek's motion for a second public meeting and the proposed format of the second public meeting is granted. 2. Within three days of the publication of the public notice, Mt Olive Creek 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, Mt Olive Creek shall submit a copy of the notice of the public meeting format that is required to be provided to new adjacent property owners to the solar project.

Motion to Approve Format of Second Meeting

M Todd Osterloh Mt Olive Creek Solar, LLC

Public Notice for Public Meeting

James W. Gardner Mt Olive Creek Solar, LLC

Order Entered: 1. Mt Olive Creek's motion to approve form of public meeting is granted. 2. Within three days of the publication of the public notice, Mt Olive Creek 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, Mt Olive Creek 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 for Approval of Form of Public Meeting

James W. Gardner Mt Olive Creek Solar, LLC

20200710_PSC No Deficiency Letter.pdf

Notice of Intent

James W. Gardner Mt Olive Creek Solar, LLC

20200710_PSC Acknowledgment Letter.pdf

Mt Olive Creek Solar, LLC Notice of Intent to File an Application for a Certificate of Public Convenience and Necessity to Construct an Approximately 60 Megawatt Merchant Electric Solar Generating Facility in Russell County, Kentucky pursuant to KRS 278.70