25-0495-EL-BGA

This docket (Case No. 25-495-EL-BGA) concerns Firelands Wind, LLC’s application for a third amendment to its original certificate for the Emerson Creek Wind Project in Erie and Huron counties, Ohio. The main changes proposed and supported by staff include:

- Reducing the number of wind turbines from 70 to 49, resulting in significant reductions in environmental impact.
- Access roads will be reduced from 205,164 to 99,401 linear feet (a 52% reduction).
- Electric collection lines will be reduced from 917,390 to 626,497 linear feet (a 32% reduction).
- The collection substation’s footprint will shrink from 6.2 to 1.7 acres, avoiding nearby wetlands.
- The amendment replaces up to three planned permanent meteorological towers (met towers) with three lidar (Light Detection and Ranging) facilities for wind measurement. Lidar units require less space and are less visible.
- The applicant requests minor layout adjustments to access roads and collection lines, mostly to accommodate landowner feedback and minimize environmental impacts.
- Additional wetland, stream, and archaeological surveys were conducted for new or shifted facility components; all new wetlands identified will be entirely avoided by the project components.
- The staff recommends approval of the amendment, finding that the changes do not result in substantial new impacts and that all prior certificate conditions and regulatory requirements remain in force 1, 2.

In summary, the amendment streamlines the project, reduces its environmental footprint, and introduces lidar technology for wind assessment, while retaining all previous environmental and regulatory commitments 1, 2.

Key events and submissions in the Emerson Creek Wind Farm proceeding (Case No. 25-0495-EL-BGA and related cases):

- January 31, 2019: Initial application for a certificate of environmental compatibility and public need filed with the Ohio Power Siting Board (OPSB), with supplements on March 18, April 11, July 10, and September 12, 2019 (Case No. 18-1607-EL-BGN).

- September 11, 2020: Joint stipulation and recommendation filed by the applicant, OPSB staff, Huron County, City of Willard, Norwich and Richmond Townships, and local residents.

- June 24, 2021: OPSB issues certificate authorizing construction and operation of the wind facility (up to 297.66 MW).

- October 29, 2021: Application for first amendment filed (Case No. 21-1055-EL-BGA), with supplements on March 20 and July 26, 2023. Addresses turbine location shifts, updated geotechnical info, slight project area expansion, and minor design modifications.

- August 25, 2023: OPSB staff report issued for first amendment.

- November 16, 2023: OPSB issues order approving first amendment.

- August 30, 2024: Second amendment application filed (Case No. 24-845-EL-BGA), addressing turbine shifts, addition of access road, further design shifts, and landowner feedback.

- November 11, 2024: OPSB staff report issued for second amendment.

- January 16, 2025: OPSB issues order approving second amendment.

- April 28, 2025: Third amendment application filed (Case No. 25-0495-EL-BGA).

- May 7, 2025: Inspection date for the third amendment.

- April 16–17, 2025: Field delineation work for wetlands and streams conducted.

- May 5, 2025: Anticipated submission date for final wetland and stream delineation report to OPSB.

- Early May 2025: Anticipated completion of Phase I archaeological fieldwork for modified facilities.

- May 29, 2025: Applicant responds to second OPSB staff data request, clarifies wetland count.

- June 2, 2025: Staff report issued and filed for third amendment; report date for latest staff investigation.

This timeline covers the major filings, amendments, investigations, and scheduled studies in the project’s regulatory review process through mid-2025 1, 1, 1, 2.

The provided excerpts do not discuss any specific financial or timeline risks or concerns related to the project. The available information focuses primarily on environmental impacts, regulatory compliance, coordination with agencies, and technical modifications to the project layout. There are no details about cost overruns, funding issues, construction delays, or other financial or scheduling risks in the excerpts.

The main stakeholders in the Firelands Wind, LLC docket (Case No. 25-0495-EL-BGA) include:

- Firelands Wind, LLC (the applicant)
- Apex Clean Energy Holdings LLC (associated with Firelands Wind)
- Attorneys representing the applicant: Christine M. T. Pirik, Terrence O’Donnell, Matthew C. McDonnell (Dickinson Wright PLLC)
- Ohio Power Siting Board (OPSB) members, which include:
- Chair, Public Utilities Commission of Ohio
- Director, Ohio Department of Development
- Director, Department of Health
- Director, Department of Agriculture
- Director, Environmental Protection Agency
- Director, Department of Natural Resources
- Public member(s)
- Representatives from the Ohio House of Representatives and Ohio Senate
- Local government entities, such as Huron County and associated townships
- U.S. Fish and Wildlife Service (USFWS) and Ohio Department of Natural Resources (ODNR) (consulted for environmental review)
- Ohio State Historic Preservation Office (SHPO)
- Local residents and landowners (some provided feedback that influenced project modifications)
- Huron County Library (on the distribution list)
- Interested parties and legal counsel listed on the service list

Positions:
- Firelands Wind, LLC and its counsel are in favor of the third amendment proposal, which includes reducing the number of turbines and modifying facility components.
- The OPSB staff conducted an investigation and recommended approval of the amendment, provided certain conditions are met. The staff report states that the amendment would not result in a significant increase in overall environmental impact compared to the previously certificated project and recommends approval with conditions 1.
- Local government entities (Huron County, townships) and landowners influenced specific modifications, such as access road alignment and safety considerations, but there is no explicit information in the excerpts about outright opposition or support from these entities; most changes accommodate their requests 1.
- There is no direct evidence in the excerpts of any stakeholders being against the proposals in this amendment.

In summary, the applicant and OPSB staff support the proposal with conditions, and the modifications largely reflect accommodation of landowner and local government feedback. There is no documented opposition in the provided excerpts.

The areas of growth identified in this docket for the Firelands Wind, LLC project primarily include:

- Installation of three lidar (Light Detection and Ranging) measurement facilities to replace previously planned permanent meteorological towers. Each lidar facility will require an access road, electric service, communication lines, and a temporary monitoring mast. The lidar facilities have a smaller footprint and will be less visible than met towers, resulting in reduced environmental impact. The applicant requests some flexibility to adjust the lidar station locations within a 200-foot radius for operational reasons 1, 2.

- Modifications to access roads, collection lines, and the collection substation due to a reduction in the number of turbines from 70 to 49. This results in:
- Access roads being reduced from 205,164 to 99,401 linear feet
- Collection lines reduced from 917,390 to 626,497 linear feet
- Collection substation area reduced from 6.2 to 1.7 acres
These changes reflect a significant reduction in the project's overall footprint and environmental impacts 2, 2.

Key considerations related to these areas of growth:

- Environmental Impact: Updated wetland and stream delineations identified two additional wetlands, which will be entirely avoided by facility components. There are no new streams identified, so no additional wetland or stream impacts are expected. The reduction in the substation footprint also avoids wetland impacts 2, 2, 2.

- Cultural Resources: Additional archaeological surveys were conducted for modified areas, identifying three new archaeological sites, all found not eligible for listing on the National Register of Historic Places (NRHP). Ongoing coordination with the Ohio Historic Preservation Office (OHPO) ensures mitigation or avoidance of significant cultural resources 2.

- Flexibility and Landowner Requests: Many modifications are driven by landowner feedback and safety considerations, demonstrating responsiveness to local concerns and operational needs 2, 1.

- Regulatory Compliance: The applicant commits to adhering to all certificate conditions, including environmental, safety, and resource protection measures, and is working with relevant agencies to maintain compliance as modifications proceed 1, 2.

In summary, growth is identified in the adoption of lidar technology and the optimization of project layout, with key considerations being environmental protection, cultural resource management, stakeholder engagement, and regulatory compliance.