Kentucky Public Service Commission

Final Order Entered: 1. Summer Shade’s application for a Construction Certificate to construct an approximately 106 MW merchant solar electric generating facility in Metcalfe County, Kentucky, and an approximately 300-foot nonregulated electric transmission line in Metcalfe County is conditionally granted subject to full compliance with the mitigation measures and conditions prescribed in Appendix A to this Order. 2. Summer Shade’s motion for deviation from setback requirements in KRS 278.704(2) is granted. Summer Shade shall comply with the setbacks prescribed in the mitigation measures in Appendix A to this Order. 3. Summer Shade shall fully comply with the mitigation measures and conditions prescribed in Appendix A to this Order. 4. In the event mitigation measures within the body of this Order conflict with those prescribed in Appendix A to this Order, the measures in Appendix A shall control. 5. This case is closed and removed from the Siting Board's docket.

Post Hearing Brief

Todd Osterloh Summer Shade Solar, LLC

Response to Post Hearing Data Requests

Todd Osterloh Summer Shade Solar, LLC

Data Request

1. Post-hearing requests for information, if any, shall be filed on or before September 11, 2025. 2. Responses to post-hearing requests for information shall be filed on or before September 16, 2025. 3. Counsel for Summer Shade may file a memorandum brief in support of Summer Shade’s post-hearing position on or before September 16, 2025. 4. This case shall stand submitted for a decision by the Siting Board effective 12:01 a.m. Eastern Daylight Time, September 17, 2025.

Notice of Evidentiary Hearing

Todd Osterloh Summer Shade Solar, LLC

Summer Shade Solar, LLC Witness List

M. Todd Osterloh Summer Shade Solar, LLC

Response to Consultants Report

Todd Osterloh Summer Shade Solar, LLC

BBC Site Assessment Review for Summer Shade Solar on behalf of the Siting Board

Douglas Jeavons BBC Research Consulting

Responses to Siting Board’s Second Request for Information

M. Todd Osterloh Summer Shade Solar

Data Request

Response to First Request for Information

Todd Osterloh Summer Shade Solar, LLC

Data Request

Revised Site Plan

M Todd Osterloh Summer Shade Solar, LLC

Motion Regarding Setbacks

M Todd Osterloh Summer Shade Solar, LLC

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. Summer Shade 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. 2020-00085 regarding filings with the Siting Board. 5. As set forth in 807 KAR 5:110, Section 4, a person requesting to become a party to the proceeding before the Siting Board is required to demonstrate (1) that he or she has a special interest in the proceeding; or (2) that his or her participation in the proceeding will assist the Siting Board in reaching its decision and would not unduly interrupt the proceeding. 6. An evidentiary hearing in this matter shall be held September 9, 2025, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky.

20250501_PSC No Deficiency Letter - Merchant Plant Application.pdf

20250430_Acknowledgement Letter of Application Fees.pdf

Application

Todd Osterloh Summer Shade Solar, LLC

20250410_PSC Notice of Filing for ad hoc request letter to Governor Beshear and Notice of Intent.pdf

20250317_PSC No Deficiency Letter- Notice of Intent.pdf

Notice of Intent

M Todd Osterloh Summer Shade Solar, LLC

20250312_PSC Acknowledgment Letter.pdf

Summer Shade Solar, LLC Notice of Intent to File an Application for a Certificate of Construction for an Approximately 106-Megawatt Merchant Electric Solar Generating Facility in Metcalfe County, Kentucky pursuant to KRS 278.700 and 807 KAR 5:110 Using Ele