Kentucky Public Service Commission

Order Entered: 1. Sebree Solar’s application for declaratory Order is denied. 2. Sebree Solar’s request to obtain a transfer for funding during construction for the Project is granted. 3. Sebree Solar shall provide proof to the Siting Board, in post-case correspondence referencing this case number, within 20 days of the transfer transaction closing. 4. Sebree Solar shall provide notice to the Siting Board, in post-case correspondence referencing this case number, of the ultimate lienholder, the total amount of indebtedness as well as the indebtedness related to this project, within 20 days of the financial transaction closing.

Order Entered: 1. Sebree Solar’s January 17, 2024 motion is granted. 2. The revised final site plan is attached to the Appendix of this Order.

Order Entered: 1. Sebree Solar’s request to make corporate transfers of the project to allow for tax equity investments is granted. 2. Sebree Solar shall provide proof to the Siting Board when the transaction has been completed.

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

Notice of Change in Property Boundary

L. Allyson Honaker Sebree Solar, LLC

Order Entered: Sebree Solar’s request for clarification is denied.

Request for Clarification

L. Allyson Honaker Sebree Solar, LLC

Order Entered: 1. Sebree Solar’s motion for rehearing is granted in part and denied in part. 2. Sebree Solar’s motion for rehearing on Mitigation Measures 8, 10, 14, 16, 26, 28, and 29 is denied. 3. Sebree Solar’s motion for rehearing on Mitigation Measure 12 is granted. Mitigation Measure 12 in Appendix A to the Final Order is stricken and shall be replaced with the following: Sebree Solar 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 6 a.m. and 10 p.m. Monday through Sunday, including field visits, arrival, departure, planning meetings, mowing, surveying, etc.

Entry of Appearance

L. Allyson Honaker Sebree Solar, LLC

Notice of Withdrawal of Counsel

David Samford Sebree Solar, LLC

Motion for Ruling on Pending Motion for Rehearing

David S. Samford Sebree Solar, LLC

Notice of Filing of Updated Leases and Easements

David S. Samford Sebree Solar, LLC

Corrected Exhibit 2 to Motion for Rehearing Previously Filed on March 1, 2022.

David S. Samford Sebree Solar, LLC

Motion for Rehearing

David S. Samford Sebree Solar, LLC

Final Order Entered: 1. Sebree Solar's application for a Construction Certificate to construct an approximately 250 MW merchant solar generating facility in Henderson County, Kentucky, and an approximately 4.5-mile nonregulated electric transmission line in Henderson and Webster counties, Kentucky, is conditionally granted subject to full compliance with the mitigation measures and conditions prescribed in Appendix A. 2. Sebree Solar shall fully comply with the mitigation measures and conditions in Appendix A. 3. In the event mitigation measures within the body of the Order conflict with those prescribed in Appendix A, the measures in Appendix A shall control. 4. Within 30 days of entry, Sebree Solar will send a copy of this Order to all adjoining landowners who previously were required to receive notice of the Project. 5. This case is closed and removed from the Siting Board's docket.

Order Entered: 1. Sebree Solar’s motion for confidential treatment for portions of the decommissioning plan furnished in response to the Staff’s First Request Item 35 is granted. 2. The designated material granted confidential treatment by ordering paragraph 1 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. 3. Sebree Solar’s motion for confidential treatment for its leases filed in response to Staff’s Post Hearing Request Item 2 is granted in part and denied in part. 4. The designated material granted confidential treatment by ordering paragraph 3 shall not be placed in the public record or made available for public inspection for ten years or until further Order of this Siting Board. 5. Use of the designated material granted confidential treatment by this Order in any Siting Board proceeding shall comply with 807 KAR 5:110, Section 5. 6. Sebree Solar shall inform the Siting Board if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.

Response to Post-Hearing Data Requests

David S. Samford Sebree Solar, LLC

Response to Post-Hearing Data Requests

David S. Samford Sebree Solar, LLC

20220113_PSC Notice of Filing Hearing Documents.pdf

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before January 3, 2022. 2. Responses to post-hearing data requests shall be filed on or before January 14, 2022.

Data Request

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before December 27, 2021. 2. Responses to post-hearing data requests shall be filed on or before January 7, 2022.

Notice of Pre-Hearing Filing of Witness List

David S. Samford Sebree Solar, LLC

Notice of Filing of Proof of Publication of Hearing Notice

David S. Samford Sebree Solar, LLC

Response to Consultants Report

David S. Samford Sebree Solar, LLC

Case No. 2021-00072 Sebree Solar Final Report from Wells Engineering

Vasu Chikkeruru Wells Engineering

Responses to Second Set of Information Requests

David S. Samford Sebree Solar, LLC

Order Entered: 1. A hearing in this matter shall be held on December 21, 2021, at 9 a.m. Eastern Standard Time in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. Sebree Solar, LLC (Sebree Solar) shall give notice of any scheduled hearing in accordance with the provisions set forth in 807 KAR 5:110, Section 9. In addition, the notice of hearing shall include the following statement: “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 listing on the PSC website, psc.ky.gov.” 3. Sebree Solar shall file notice of the scheduled hearing with the Siting Board in accordance with the provisions set forth in 807 KAR 5:110, Section 9. 4. At any public hearing in this matter, neither opening statements nor summarization of direct testimonies shall be permitted. 5. Pursuant to KRS 278.360 and 807 KAR 5:001, Section 9(9), a digital video recording shall be made of the hearing. 6. Siting Board Staff shall contact the parties to provide instructions to participate in the virtual hearing.

Data Request

Response to Staffs First Information Request and Motion for Confidential Treatment

David S. Samford Sebree Solar, LLC

20211014_Letter Filing Document into the Record.pdf

Data Request

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed for this proceeding. 2. Sebree Solar 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, Sebree Solar shall forward a duplicate of the notice and request to the Commission.

20210817_Acknowledgement Letter of Application Fees.pdf

20210817_Memo Filing Document into the Record.pdf

20210816_No Deficiency Letter.pdf

Application

David S. Samford Sebree Solar, LLC

Judge Executive Stephen R. Henry Response to Letter from Chairman

Notice of Filing of Proof of Public Meeting Notice

David S. Samford Sebree Solar, LLC

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

20210217_PSC No Deficiency Letter- Notice of Intent.pdf

Motion for Approval of Public Meeting and Notice

David S. Samford Goss Samford PLLC

Notice of Intent

David S. Samford Sebree Solar, LLC

20210217_PSC Acknowledgment Letter.pdf

Sebree Solar, LLC Notice of Intent to File an Application for a Certificate to Construct an Approximately 250 Megawatt Merchant Solar Electric Generating Facility and an Approximately 4.5 Mile Nonregulated Electric Transmission Line in Henderson, Kentucky