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Kentucky Public Service Commission


View Case Filings for: 2022-00274


Case Number:2022-00274
Service Type:Electric
Filing Date:9/15/2023
Category:Merchant Plant Applications
Utilities:

Bright Mountain Solar, LLC


Electronic Case
Case Nature:

Bright Mountain Solar, LLC









Case Filings
FilingDocuments
4/4/2024 3:57:39 PM

20240404_Notice of Filing Hearing Documents - February 6, 2024.pdf


3/13/2024 4:26:32 PM

Final Order Entered: 1. Bright Mountain’s application for a Construction Certificate to construct an approximately 80-MW merchant solar electric generating facility in Perry County, Kentucky, and an approximately four-mile nonregulated electric transmission line in Perry County is conditionally granted subject to full compliance with the mitigation measures and conditions prescribed in Appendix A. 2. Bright Mountain shall fully comply with the mitigation measures and conditions prescribed in Appendix A. 3. 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. 4. This case is closed and removed from the commission's docket.


3/12/2024 9:22:17 PM

Resubmission of Project leases redacted consistent with Board 03.06.2024 Order on Applicants Motion for Confidential Treatment


Sommer L. Sheely Bright Mountain Solar, LLC

Bright_Mountain_Project_Leases_Redacted_Per_Order_on_Motion_for_Confidential_Treatment.pdf

Bright Mountain Project Leases Redacted per Order on Motion for Confidential Treatment

Read_1st_Resubmission_of_Redacted_Leases.pdf

Read 1st letter re Submission of Leases redacted per Order on Motion for Confidential Treatment

3/6/2024 11:38:04 AM

Order Entered: 1. Bright Mountain’s February 19, 2024 motion for confidential treatment is granted in part and denied in part. 2. Bright Mountain’s motion for the material terms of leases provided in response to Siting Board Staff’s Post- Hearing Request for Information, Item 5, is granted. 3. Bright Mountain motion for confidential treatment for the remaining portions of the leases is denied. 4. 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. 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. Bright Mountain shall inform the Siting Board if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.


2/19/2024 7:21:43 PM

Amended Response of Bright Mountain Solar, LLC to Board Staffs Second Request for Information (amended only to designate Responding Witnesses and provide Witness Verifications)


Sommer L. Sheely Bright Mountain Solar, LLC

Bright_Mountain_Amended_Response_to_DR2.pdf

Bright Mountain Solar Amended Response to Board Staff's Second Request for Information

Witness_Veritications_Bright_Mountain_Response_to_DR2.pdf

Witness Verifications for Bright Mountain Solar's Response to Board Staff's Second Request for information

2/19/2024 7:18:20 PM

Amended Response of Bright Mountain Solar, LLC to Board Staffs First Request for Information (amended only to designate Responding Witnesses and add Witness Verifications)


Sommer L. Sheely Bright Mountain Solar, LLC

Bright_Mountain_Amended_Response_to_DR1.pdf

Bright Mountain Solar, LLC Amended Response to Board Staff's First Request for Information

Witness_Verifications_Bright_Mountain_Response_to_DR1.pdf

Witness Verifications for Bright Mountain Solar's Response to Board Staff's First Request for Information

2/19/2024 7:13:18 PM

Bright Mountain Solar, LLC Response to Board Staffs Post-Hearing Request for Information


Sommer L. Sheely Bright Mountain Solar, LLC

Bright_Mountain_Response_to_PHDR.pdf

Bright Mountain Solar, LLC Response to Staff's Post-Hearing Request for Information

Exhibit_A_Easements_Part_1.pdf

Exhibit A - Easements (Part 1 of 2)

Exhibit_A_Easements_Part_2.pdf

Exhibit A - Easements (Part 2 of 2)

Exhibit_B_Letter_Agreement_Lease_Assignment.pdf

Exhibit B - Letter Agreement re: Lease Assignments

Exhibit_C_Secretary_Certificate.pdf

Exhibit C - Secretary Certificate

Exhibit_E_Wetland_and_Stream_Delineation_Part_1.pdf

Exhibit E - Wetland and Stream Delineation (Part 1 of 4)

Exhibit_E_Wetland_and_Stream_Delineation_Part_2.pdf

Exhibit E - Wetland and Stream Delineation (Part 2 of 4)

Exhibit_E_Wetland_and_Stream_Delineation_Part_3.pdf

Exhibit E - Wetland and Stream Delineation (Part 3 of 4)

Exhibit_E_Wetland_and_Stream_Delineation_Part_4.pdf

Exhibit E - Wetland and Stream Delineation (Part 4 of 4)

Exhibit_F_Phase_IA_Archaeological_Survey.pdf

Exhibit F - Phase IA Archaeological Survey

Exhibit_G_Historical_Resources_Survey.pdf

Exhibit G - Historical Resources Survey

Witness_Verifications_Bright_Mountain_Response_to_PHDR.pdf

Witness Verifications for Bright Mountain Solar Response to Staff's Post-Hearing Request for Information

2/19/2024 5:51:04 PM

Motion for Confidential Treatment


Sommer L. Sheely Bright Mountain Solar, LLC

2/15/2024 5:14:08 PM

Applicant Bright Mountain Solar, LLCs Post-Hearing Brief


Sommer L. Sheely Applicant Bright Mountain Solar, LLC

Applicant_Bright_Mountain_Soler_Post-Hearing_Brief.pdf

Applicant Bright Mountain Solar, LLC Post-Hearing Brief

2/9/2024 8:09:15 AM

Data Request


2/8/2024 4:08:44 PM

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before February 8, 2024. 2. Responses to post-hearing requests for information shall be filed on or before February 19, 2024. 3. Counsel for Bright Mountain shall file a memorandum brief in support of Bright Mountain’s post-hearing position on or before February 15, 2024. 4. This case shall stand submitted for a decision by the Siting Board effective 12:01 a.m. Eastern Standard Time February 20, 2024.


2/1/2024 10:02:45 PM

Applicant Bright Mountain Solar, LLCs Hearing Witness List


Sommer L. Sheely Applicant Bright Mountain Solar, LLC

Applicant_Bright_Mountain_Solar_Hearing_Witness_List.pdf

Applicant Bright Mountain Solar, LLC Hearing Witness List

1/19/2024 7:13:16 PM

Applicants Response to Consultants Review and Evaluation of Bright Mountain Solar, LLC Site Assessment Report


Sommer L. Sheely Applicant Bright Mountain Solar, LLC

Bright_Mountain_Response_to_Consultant_Report.pdf

Applicant Response to Consultant Review and Evaluation of Bright Mountain Solar, LLC Site Assessment Report

1/19/2024 11:37:44 AM

Proof of Publication of Public Notice of Formal Evidentiary Hearing


Sommer L Sheely Bright Mountain Solar, LLC

1/16/2024 4:08:28 PM

Resubmission of Part 1 of the Review and Evaluation of the Bright Mountain Solar, LLC Site Assessment Report


Susan Walker Harvey Economics Co

1/12/2024 2:33:26 PM

Review and Evaluation of the Bright Mountain Solar, LLC Site Assessment Report


Susan Walker Harvey Economics Co

HE_Bright_Mountain_Solar_SAR_Review_011224_1.pdf

Bright Mountain Solar, LLC SAR Review - 1 of 2 - Report

HE_Bright_Mountain_Solar_SAR_Review_011224_2.pdf

Bright Mountain Solar, LLC SAR Review 2 of 2 - Report Appendices

1/12/2024 2:09:23 PM

Order Entered: 1. Bright Mountain motion for confidential treatment is granted. 2. The designated material granted confidential treatment provided in Bright Mountain’s application 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. 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. 4. Bright Mountain shall inform the Siting Board if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment. 5. If a nonparty to this proceeding requests to inspect the material granted confidential treatment by this Order and the period during which the material has been granted confidential treatment has not expired, Bright Mountain shall have 30 days from receipt of written notice of the request to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878. If Bright Mountain is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Siting Board shall deny the request for inspection.


12/22/2023 4:06:13 PM

Bright Mountain Solar LLC Response to Second Data Request


Sommer L. Sheely Bright Mountain Solar, LLC

12/6/2023 9:37:18 AM

Data Request


11/6/2023 4:45:56 PM

Bright Mountain Solar, LLCs Motion for Deviation from Setback Requirement


Sommer L. Sheely Bright Mountain Solar, LLC

Bright_Mountain_Motion_for_Deviation_from_Setback_Requirement.pdf

Bright_Mountain_Motion_for_Deviation_from_Setback_Requirement

Exhibit_A_Bright_Mountain_Setback_Waiver_Map.pdf

Exhibit_A_Bright_Mountain_Setback_Waiver_Map

Exhibit_B_Bright_Mountain_Setback_Waiver_Table.pdf

Exhibit_B_Bright_Mountain_Setback_Waiver_Table

11/3/2023 5:11:19 PM

Response to October 19, 2023 Data Request


Sommer L. Sheely Bright Mountain Solar, LLC

Attachment_A_Generation_Facility_Agreements.pdf

Attachment A - Generation Facility Agreements

Attachment_B_Transmission_Line_Agreements.pdf

Attachment B - Transmission Line Agreements

Attachment_C_Water_Features_Site_Map.pdf

Attachment C - Water Features Site Map

Attachment_D__Participating_Parcels_Map.pdf

Attachment D - Participating Parcels Map

Attachment_E_Receptor_Distance_Tables.pdf

Attachment E - Receptor Distance Tables

Attachment_F__Noise_Level_Tables.pdf

Attachment F - Noise Level Tables

Attachment_G_-_Topographic_Map_of_Visual_Study_Area.pdf

Attachment G - Topographic Map of Visual Study Area

10/19/2023 10:45:58 AM

SITING BOARD STAFF'S FIRST REQUEST FOR INFORMATION TO BRIGHT MOUNTAIN SOLAR, LLC


10/16/2023 2:07:30 PM

The Re-filing of Application Section 4 of Tab 12 - Assessment Report


Sommer L. Sheely Bright Mountain Solar, LLC

9/27/2023 8:52:33 AM

Order Entered: 1. The statutory deadline for the processing of this matter is 180 days from the application filing date. 2. The procedural schedule set forth in the Appendix to this Order shall be followed for this proceeding. 3. Bright Mountain shall respond to all requests for information propounded by Siting Board Staff, whether identified on the procedural schedule or otherwise, as provided in those requests. 4. Pursuant to 807 KAR 5:110, Section 3(4), any party filing a paper with the Siting Board shall file an electronic copy in accordance with the electronic filing procedures set forth in 807 KAR 5:001, Section 8. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked. The Siting Board directs the parties to the Commission’s July 22, 2021 Order in Case No. 2020-00085¹ regarding filings with the Siting Board.


9/18/2023 11:52:07 AM

20230918_No Deficiency Letter.pdf


9/15/2023 4:25:00 PM

Motion for Confidential Treatment of Tab 10 Attachment I - Socioeconomic Report


Sommer L. Sheely Bright Mountain Solar, LLC

Motion_for_Confidential_Treatment.pdf

Motion for Confidential Treatment

9/15/2023 4:17:04 PM

Application for a Certificate of Construction for an up to 80-Megawatt Merchant Electric Solar Generating Facility and Related Nonregulated Transmission Line of Approximately 4 Miles in Perry County, Kentucky


Sommer L. Sheely Bright Mountain Solar, LLC

Tab_01_Applicant_Information.pdf

Tab 01 Applicant Information

Tab_02_Proposed_Site_Description.pdf

Tab 02 - Proposed Site Description

Tab_03_Public_Notice_Evidence.pdf

Tab 03 - Public Notice Evidence

Tab_04_Compliance_with_Local_Ordinances_and_Regulations.pdf

Tab 04 - Compliance with Local Ordinances and Regulations

Tab_05_Setback_Requirements.pdf

Tab 05 - Setback Requirements

Tab_06_Public_Involvement.pdf

Tab 06 - Public Involvement

Tab_07_Efforts_to_Locate_Near_Existing_Electric_Generating_Facilities.pdf

Tab 07 - Efforts to Locate Near Existing Electric Generating Facilities

Tab_08_Proof_of_Service.pdf

Tab 08 - Proof of Service

Tab_09_Effect_on_the_Electric_Transmission_System_in_Kentucky.pdf

Tab 09 - Effect on the Electric Transmission System in Kentucky

Tab_10_Economic_Impact.pdf

Tab 10 - Economic Impact Report

Tab_11_Environmental_Violation_Record.pdf

Tab 11 - Environmental Violation Record

Tab_12_Part_1_Site_Assessment_Report.pdf

Tab 12 Part 1 - Site Assessment Report

Tab_12_Part_2_Site_Assessment_Report.pdf

Tab 12 Part 2 - Site Assessment Report

Tab_12_Part_3_Site_Assessment_Report.pdf

Tab 12 Part 3 - Site Assessment Report

Tab_12_Part_4_Site_Assessment_Report.pdf

Tab 12 Part 4 - Site Assessment Report

Tab_12_Part_5_Site_Assessment_Report.pdf

Tab 12 Part 5 - Site Assessment Report

Tab_13_Description_of_the_Proposed_Electric_Transmission_Line_Route_Appurtenances.pdf

Tab 13 - Description of the Proposed Electric Transmission Line, Route, and Appurtenances

Tab_14_Compliance_with_National_Electric_Safety_Code.pdf

Tab 14 - Compliance with National Electric Safety Code

Tab_15_Cumulative_Environmental_Assessment.pdf

Tab 15 - Cumulative Environmental Assessment

8/14/2023 4:29:18 PM

Proof of Compliance for Second Public Information Meeting


Sommer L. Sheely Bright Mountain Solar, LLC

Proof_of_Compliance.pdf

Proof of Compliance

6/20/2023 2:35:49 PM

20230620_Acknowledgement Letter of Additional Application Fees.pdf


5/16/2023 11:17:13 AM

20230516_PSC No Deficiency Letter- Notice of Intent.pdf


5/15/2023 5:35:10 PM

Second Notice of Intent


Sommer L. Sheely Applicant Bright Mountain Solar, LLC

3/15/2023 5:04:00 PM

Proof of Publication of Public Information Meeting Notice


Sommer L. Sheely Bright Mountain Solar, LLC

Bright_Mountain_PIM_Proof.pdf

Notice of Compliance - Proof of Publication of Public Information Meeting Notice

2/8/2023 11:10:01 AM

20230208_Letter Filing Executive Order 2023-060 into the Record.pdf


12/21/2022 2:41:20 PM

20221221_Acknowledgement Letter of Application Fees.pdf


11/16/2022 4:55:17 PM

20221116_PSC No Deficiency Letter- Notice of Intent.pdf


11/15/2022 3:33:32 PM

Notice of Intent to file an application for a Certificate to Construct an up to 80-megawatt alternating current merchant solar electric generating facility in Perry County, Kentucky


Sommer L. Sheely Bright Mountain Solar, LLC

8/15/2022 4:13:09 PM

20220815_PSC Acknowledgment Letter.pdf


8/15/2022

Bright Mountain Solar, LLC Notice of Intent to File an Application for a Certificate of Construction for a Merchant Electric Solar Generating Facility in Kentucky pursuant to KRS 278.700 and 807 KAR 5:110 Using Electronic Filing Procedures


20220815_Bright Mountain Solar, LLC Notice of Intent and Election.pdf

Bright Mountain Solar, LLC Notice of Intent and Election