2025-00064

Key events and submissions in the Summer Shade Solar, LLC proceeding (Case No. 2025-00064) include:

- March 12, 2025: The Kentucky Public Service Commission acknowledged receipt of the notice of election to use electronic filing procedures for the application in this case 1.
- January 29, 2025: An in-person public information meeting was held at the Metcalfe County Government Building, with notice published on January 15, 2025, and letters mailed to adjoining property owners two weeks in advance 2.
- April 29, 2025: Summer Shade Solar, LLC filed its application seeking a construction certificate for a 106-megawatt merchant electric solar facility 3, 3.
- May 12, 2025: The Kentucky State Board on Electric Generation and Transmission Siting issued an order establishing a 180-day statutory deadline for processing the application, set a procedural schedule, and scheduled an evidentiary hearing 3, 3, 3.
- May 16, 2025: Summer Shade Solar filed a motion for deviation from setback requirements 4.
- September 9, 2025: An evidentiary hearing is scheduled at 9 a.m. Eastern Daylight Time in the Richard Raff Hearing Room at the offices of the Public Service Commission, with public comments allowed at the beginning of the hearing 3, 3.

Other ongoing activities include multiple information requests and submissions related to construction plans, environmental studies, and traffic analysis throughout mid-2025. The statutory deadline for the board’s final decision is 180 days from April 29, 2025 (i.e., by late October 2025) 3, 3.

This docket concerns the Summer Shade Solar Project, a proposed utility-scale solar photovoltaic (PV) and battery energy storage system (BESS) facility in Metcalfe County, Kentucky. Key points include:

- The project is proposed by Summer Shade Solar, LLC, with an intended capacity of approximately 106 MWAC (139.9 MWDC), using around 269,055 JA Solar modules and about 96 battery storage units with a combined 424 MWh storage capacity. The facility will occupy about 1,535 acres, with approximately 737 acres fenced for the main solar array and BESS equipment 1, 2.
- The project site is primarily rolling agricultural land in a rural area near the south end of Metcalfe County. The area is characterized by low population density and typical rural land uses 2.
- The operational noise assessment found that the highest expected sound levels at the nearest residence are 43 dBA, which is below the recommended project noise goals of 55 dBA (day) and 50 dBA (night). Construction noise could temporarily reach 67-90 dBA at the nearest residence but would be temporary and distributed throughout the site 3.
- Environmental and safety concerns, including fire risk, electric shock, and toxicity, were found to be negligible. The project will follow best practices for fire safety and decommissioning, and all decommissioning waste will be recycled or disposed of according to state and federal law 4, 1.
- Studies and real estate analyses conclude that, with proper setbacks and landscaping buffers, the project will not negatively impact adjoining property values. In fact, similar projects have been found to have no discernible effect on home or land prices in rural areas 5.
- The project has undergone geotechnical investigations, habitat assessments, and received site-specific authorization for bat surveys from the US Fish and Wildlife Service. Coordination with relevant agencies for permits, environmental protection plans, and ongoing compliance is documented 4, 6.
- The Kentucky State Board on Electric Generation and Transmission Siting is responsible for reviewing the application and has begun the process of member appointments and public notifications 7.

In summary, the docket documents the regulatory, environmental, technical, and community considerations for the proposed Summer Shade Solar Project, indicating compliance with safety, environmental, and property standards, and ongoing coordination with state and federal agencies.

The docket discusses several financial and timeline risks and concerns for the Summer Shade Solar project:

Financial Risks:
- Decommissioning costs are significant, with estimated expenses for the solar project at $6,341,151 and for the battery energy storage system (BESS) at $334,318. These estimates are based on early 2025 prices without accounting for future market fluctuations or inflation. Potential salvage revenues are considered, such as resale of used modules at $0.10 per watt, which could raise $13,990,000, but BESS resale revenue within the first ten years is not included in the main calculations 1.
- There is ongoing uncertainty regarding the final inclusion and specifications of the BESS, as its installation is contingent on further PJM system impact and facilities study results. The supplier and technology for the BESS have not yet been selected 2.
- The long-term risk of karst-related land movement (e.g., sinkholes) poses a potential threat to the structural integrity of the project’s infrastructure, which could lead to unanticipated repair or remediation costs in both construction and long-term operations. Buffer zones and mitigation measures are recommended, but remediation may not fully eliminate the risk of future damage 3.

Timeline Risks and Concerns:
- The project faces a statutory processing deadline of 180 days from the application filing date, with an evidentiary hearing scheduled for September 9, 2025. Delays could occur if the hearing is not concluded as scheduled, since it may be continued verbally by the presiding officer 4.
- The construction schedule must account for ongoing monitoring and possible remediation of karst features, which may be discovered during or after construction. This could cause delays if new features are found and must be evaluated and remediated 3.
- The final decision on BESS inclusion depends on pending studies, which introduces uncertainty into both the project timeline and final design 2.
- Construction activities near karst features require special protocols, training, and possible work stoppages if new features are found, potentially causing interruptions in construction progress 3.

In summary, key risks include potential increases in decommissioning costs, uncertainty in BESS implementation, long-term geotechnical hazards, and possible schedule delays related to both regulatory proceedings and unforeseen site conditions.

The stakeholders in this docket (Kentucky Public Service Commission Case No. 2025-00064, concerning the Summer Shade Solar Project) include:

- Summer Shade Solar, LLC (applicant/developer)
- Kentucky Public Service Commission (PSC) and the Kentucky State Board on Electric Generation and Transmission Siting (regulatory bodies)
- Landowners whose property borders the proposed site (both participating and non-participating)
- Residents of neighboring communities, particularly those within 2,000 feet of the project
- Local churches within a two-mile radius
- Metcalfe County government
- The general public in Metcalfe County
- Local fire department and other emergency services
- U.S. Fish and Wildlife Service (with respect to environmental/bat surveys)
- Engineering, procurement, and construction (EPC) contractor (to be selected)
- Local workforce and businesses (potential employment and service providers)

Positions for or against proposals:
- Summer Shade Solar, LLC is in favor of constructing and operating the solar facility and is pursuing necessary permits and agreements, including an industrial revenue bond and Payment In Lieu Of Taxes (PILOT) agreement with Metcalfe County 1.
- The Kentucky PSC and Siting Board act as neutral regulators, reviewing the application for compliance.
- Some adjoining landowners and nearby residents have voiced concerns about property values, construction schedules, environmental effects (such as karst, heat island effect), safety of solar panels, and project lifespan. The project team reports that feedback has been mixed—questions and concerns have been raised, but some appreciation has been shown for responsiveness 1.
- No specific records of communication with church representatives are documented in the public notice report as of the latest filings 2.
- Metcalfe County government is a stakeholder with a financial interest, as the project is expected to increase local tax revenues via PILOT agreement 1.
- The U.S. Fish and Wildlife Service is involved in environmental oversight but does not take a position for or against the project.

There is no excerpted evidence of organized or official opposition or support from specific stakeholder groups beyond the concerns and questions raised by some local residents and landowners. The majority of documented feedback is from the developer and regulatory process, with some community engagement noted but not detailed as explicitly for or against the proposals.

The docket identifies several key areas of growth related to the Summer Shade Solar project, with associated considerations for each:

1. Photovoltaic (PV) Solar Facility and Battery Energy Storage System (BESS)
- Area of growth: The project will utilize approximately 269,055 solar modules (up to 106 MW AC) and a 424 MWh BESS, with a project area of about 1,535 acres, primarily on agricultural land 1, 1, 2.
- Key considerations:
- Decommissioning: The plan outlines removal, recycling, or disposal of all equipment at end-of-life, in compliance with state and federal law. Some components may be resold, salvaged, or recycled, while others will be disposed of in licensed facilities 1, 1, 1.
- Environmental impact: The project asserts there are no hazardous waste byproducts from normal operations and less potential for hazardous material incidents compared to typical agricultural or residential uses 3.
- Coordination with agencies: The project will coordinate with local, state, and federal agencies for permits and road repairs during decommissioning 1.

2. Karst Terrain Management
- Area of growth: The project area includes karst-prone limestone formations, leading to risks such as sinkhole development, altered drainage, and subsidence 4, 4.
- Key considerations:
- Best management practices: Double silt fencing, hay bales/coir logs, buffer zones, and enhanced stormwater control are required to maintain pre-development recharge/discharge rates and minimize stormwater flow into sinkholes 4.
- Design and construction: Avoidance of major earthmoving within 75 feet of karst features, minimal rock removal, and careful placement of spoils to prevent runoff toward karst features 4.
- Monitoring and mitigation: Use of survey markers and monitoring devices to detect subsidence, and implementation of long-term monitoring plans 4, 4.

3. Environmental and Wildlife Considerations
- Area of growth: The site consists primarily of agricultural fields with blocks of young forest; habitat assessments identified potential for listed bat species and documented caves in the vicinity 2.
- Key considerations:
- Vegetation and habitat: Efforts to minimize tree clearing and protect riparian and forested habitats; mapping and assessment of water resources, wetlands, and streams for wildlife potential 2, 5.
- Flood risk mitigation: Plans to manage flood risks after vegetative clearing 5.
- Permit compliance: Coordination with environmental agencies and adherence to habitat protection guidelines.

4. Land Use and Adjoining Property Values
- Area of growth: The site is adjacent to residential and agricultural uses, typical for large-scale solar projects 3.
- Key considerations:
- Impact studies indicate minimal effect on adjoining property values due to absence of hazardous materials, odors, or significant noise/traffic 3.
- Appearance and stigma are noted as lesser concerns compared to other types of development.

5. Soil and Water Management
- Area of growth: The project’s scale involves significant soil mapping and resource assessment 6, 6.
- Key considerations:
- Soil variability: Onsite investigations are recommended for intensive use areas due to possible contrasting soil components in mapped units 6, 6.
- Water management: Plans to monitor and control surface water drainage and manage pollutants/wastes as per regulatory requirements 7.

In summary, the docket outlines growth in solar energy generation capacity, battery storage, environmental management (especially in karst terrain), wildlife/habitat protection, and land use planning, each with detailed mitigation, monitoring, and regulatory compliance considerations.