COPAKE — The state Office of Renewable Energy Siting granted a draft permit to Hecate Energy to build and operate the embattled Shepherd’s Run Solar Farm.
In its ruling, ORES said the permit application was approved because it complies with environmental laws and follows state regulations and conditions.
ORES announced its decision Thursday in a 92-page permit document accompanied by notices of public hearings and a set of draft permit conditions.
Shepherd’s Run is a 60-megawatt solar energy farm. The facility includes panels that convert sunlight directly into electricity, inverters, security fencing, access roads, substation and a point of interconnection with the Craryville 115 kilowatt substation owned by New York State Electric and Gas.
In May, the state Appellate Court upheld a lower court ruling to dismiss a lawsuit brought against ORES by the town of Copake and a dozen other municipalities in New York State Supreme Court of Albany County in June 2021 alleging ORES fast-tracked the siting process and violated the state Environmental Quality Review Act.
Hecate Energy Columbia County, whose home office is in Chicago, filed the application for the draft permit March 8, 2022. ORES issued a notice of complete application Aug. 25, and published the draft permit conditions Tuesday.
“On issuing the draft permit conditions, ORES staff takes the position that the proposed facility, together with the uniform and site-specific standards and conditions contained in the draft permit condition, would comply with applicable laws and regulations,” according to ORES.
Copake Town Supervisor Jeanne Mettler vowed to continue fighting against the issuance of the final permit and sharply criticized ORES for putting private interests ahead of public concerns.
“Despite years of opposition by all levels of local government and most of Copake’s residents, ORES has chosen to ignore the community’s concerns and issue a draft permit for the proposed Shepherd’s Run Solar project,” Mettler said in an emailed statement Friday. “In doing so, ORES recommends waiving local laws intended to protect wildlife, agriculture, wetlands and community character. The town disagrees strongly with ORES’ decision to elevate the interest of a private developer over the prospect of serious adverse impacts.
“As recently noted by Gov. Kathy Hochul in her veto of a bill that would have allowed a high voltage electrical transmission line to make landfall on a major public beach, ‘[I]t is incumbent on renewable energy developers to cultivate and maintain strong ties to their host communities throughout the planning, siting and operation of all large-scale projects.’
“In Copake, Hecate has defied the governor’s guidance by alienating the local community and ignoring its concerns. Copake is disappointed that ORES has ignored the law and Gov. Hochul’s leadership in issuing a draft permit to such a poorly sited project, Mettler said.
Attorney Noah Shaw of the Manhattan firm Foley Hoag, who is representing Hecate, did not return a call for comment by press time.
Shepherd’s Run drew heavy criticism in the last two years from Copake officials, pro-agriculture advocates and other Columbia County municipalities over the size of the project, threats posed to farmland, impacts on the viewshed and property values what they saw as Hecate’s disregard for home rule. The Hudson Common Council’s opposition resolution sought proof from Hecate that the project would not adversely affect the Taghkanic Creek Watershed, the city’s primary water supply.
However, the Appellate Court decided that ORES’ regulations setting standard uniform conditions for all renewable energy projects in the state override home rule.
Virtual public hearings will be held before an administrative law judge Jan. 11 at 1:30 p.m. and 6 p.m. The hearings will be conducted electronically through the Webex Events platform and by telephone.
Each public comment session will begin with a brief presentation about the project by Hecate representatives. The remainder of the session will be devoted to hearing public comments on the application, issues determination procedure and the draft permit conditions.
The purpose of the issues conference is to determine party status for any individual or organization that has properly filed a petition and to narrow and define issues, if any, that will require adjudication.
In addition to the two virtual hearings, four in-person public comment hearings are scheduled for 1:30 p.m. and 6 p.m. Jan. 9 and Jan. 10 at Copake Town Hall, 230 Mountain View Road. A written public comment period on the application and the draft permit conditions is also planned.