Kentucky Public Service Commission

Order Entered: 1. Ashwood Solar’s motion for a declaratory Order is denied. 2. Ashwood Solar’s request to make corporate transfers of the project to allow for tax equity investments is granted. 3. Ashwood Solar shall provide proof to the Siting Board, in post-case correspondence referencing this case number, within 20 days of the transaction closing.

Order Entered: 1. Ashwood Solar’s petition for confidential treatment for information provided in response to Staff’s First Request is granted in part and denied in part. 2. Ashwood Solar’s petition for confidential treatment for material terms of leases, as described above, provided in response to Item 25 of Staff’s First Request is granted. 3. Ashwood Solar’s petition for confidential treatment of the landowner names provided in response to Question 5 of BBC is granted. 4. Ashwood Solar’s petition for confidential treatment for the contents of the complaints and Ashwood Solar’s proposed remedy provided in response to Question 5 of BBC is denied. 5. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for an indefinite period or until further order of this Siting Board.

Order Entered: 1. Mitigation measure 20 in the Siting Board’s Order of June 21, 2021, is hereby stricken and replaced with the following mitigation measure: 20. Ashwood Solar I is required to limit the construction activity, process, and deliveries to the hours between 8 a.m. and 6 p.m. Monday through Saturday. Non-noise-causing and non-construction activities can take place on the site between 7 a.m. and 10 p.m., Monday through Sunday, including field visits, arrival, departure, planning meetings, g, surveying, etc. 2. Mitigation measures 10, 27, and 30 in the Siting Board’s Order of June 21, 2021, are hereby stricken. Mitigation measure 29 is also hereby stricken and shall be replaced with the following mitigation measure: 29. Ashwood Solar I shall complete screening plan agreements with nearby homeowners as stated in Section 2 of the SAR to address their general concerns about viewshed impacts by limited tree clearing and planting vegetative buffers to further buffer viewshed concerns. The buffers shall be planted as indicated on the plan attached to the Siting Board’s Order of June 21, 2021 as Appendix B. Plants should reach eight feet high within four years. Vegetative buffering shall be maintained or replaced as needed.

Petition for Reconsideration

M Todd Osterloh Ashwood Solar I, LLC

Final Order Entered: 1. Ashwood Solar I’s application for a Certificate to Construct an approximately 86 MWac merchant solar electric generating facility in Lyon County, Kentucky, is conditionally granted subject to full compliance with the mitigation measures and condition prescribed in Appendix A. 2. Ashwood Solar I’s motion for deviation from the 2,000 foot setback requirement is granted. 3. Ashwood Solar I shall fully comply with the mitigation measures and conditions prescribed in Appendix A.

20210610_PSC Notice of Filing Hearing Documents.pdf

20210604_Memo Regarding Siting Board Extensions.pdf

Responses to Post-Hearing Data Requests

James W. Gardner Ashwood Solar I, LLC

Data Request

Order Entered: 1. Post-hearing data requests shall be filed in the record on or before May 13, 2021. 2. Responses to post-hearing data requests shall be filed in the record on or before May 25, 2021.

Notice of Filing - EEC Letter

M Todd Osterloh Ashwood Solar I, LLC

Notice of Filing - Public Notice of Hearing

M Todd Osterloh Ashwood Solar I, LLC

Notice of Filing - Leases

M Todd Osterloh Ashwood Solar I, LLC

Ashwood Solar I, LLC Response to Consultants Report

M. Todd Osterloh Ashwood Solar I, LLC

20210407_Letter Filing BBC Research and Consulting Final Report.pdf

Response to Second Request for Information

James W. Gardner Ashwood Solar I, LLC

Data Request

Applicants Motion for Deviation from Setback Requirements

M. Todd Osterloh Ashwood Solar I, LLC

Certification of Responses

M Todd Osterloh Ashwood Solar I, LLC

Response to First Request for Information

M Todd Osterloh Ashwood Solar I, LLC

Data Request

20210203_Memo Filing Documents into the Record.pdf

Order Entered: IT IS THEREFORE ORDERED that the procedural schedule set forth in the Appendix to this Order shall be followed for this proceeding.

20210107_No Deficiency Letter.pdf

Application for Construction Certificate

James W. Gardner Ashwood Solar I, LLC

20201218_Acknowledgement Letter of Application Fees.pdf

Notice of Filing - Corrected Notice

James W. Gardner Ashwood Solar I, LLC

Notice of Public Notice of Meeting

M Todd Osterloh Ashwood Solar I, LLC

Order Entered: 1. Ashwood Solar's motion to approve form of public meeting is granted. 2. Within three days of the publication of the public notice, Ashwood 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, Ashwood 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.

20200824_PSC No Deficiency Letter- Notice of Intent.pdf

Motion for Approval of Format of Public Meeting

James W. Gardner Ashwood Solar I, LLC

Notice of Intent

James W. Gardner Ashwood Solar I, LLC

20200821_PSC Acknowledgment Letter.pdf

Ashwood Solar I, LLC Notice of Intent to File an Application for a Certificate of Construction for an Approximately 86 Megawatt Merchant Electric Solar Generating Facility in Lyon County, Kentucky pursuant to KRS 278.200 and 807 KAR 5:110 Using Electronic