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Solar developer requests waiver from public hearings
Attorney says administrative hurdle would only ‘delay the benefits of the project’
WASHINGTON — An attorney representing the Goldfinch Solar Project on Tuesday asked the Iowa Utilities Board (IUB) to waive the public hearing requirement and other rules usually applied before regulators can approve such facilities.
The planned solar farm would cover roughly 1,600 acres of leased agricultural land in the area around Haskins in Washington County.
While the proposed project drew a fair share of criticism at a public information session in fall of 2022, the overwhelming majority of written comments submitted to the IUB docket expressed support for it. While many of those positive remarks were identical copies of one another, and some were attributed to community members who denied sending them when asked, the ratio of written support remains hard to ignore.
The company said holding a hearing, nearly a year after news broke of the proposed facility, would be redundant given the efforts it’s already taken to inform and engage nearby communities.
“Interested members of the public have had ample opportunities to learn about the proposed Project and to file comments,” said one part of the seven-page waiver request. It continued in a footnote, “In fact, approximately 85 comments have been filed in the docket to date, with approximately three objections from two individuals filed.”
Iowa law allows the state’s utilities board to waive any requirements of its rules for power generators if the board “determines that the public interest would not be adversely affected” by doing so, based on four criteria. According to Goldfinch’s request, the board must consider:
- If application of the rule would pose an undue hardship on the applicant
- The waiver would not prejudice the substantial legal rights of another
- The rule is not specifically mandated by statute,
- Substantially equal protection of public health, safety, and welfare will be afforded by other means
The attorney who filed the request, Samantha Norris, appeared as Goldfinch’s legal counsel last week after the project’s previous representative, Amanda James, withdrew from the role according to documents filed in the IUB docket. The two work for different law firms in Des Moines.
Norris successfully argued for a public hearing waiver under similar circumstances for Duane Arnold Solar LLC, in Linn County, back in July of 2022. That decision by IUB was cited as precedent in Norris’ filing on Goldfinch’s behalf this week.
“Delaying a decision in this matter would likely hinder the procurement and construction of the Project, jeopardize Goldfinch Solar’s ability to maximize tax benefits made available to the Project, and delay the benefits of the project to landowners, the county, and the state,” the waiver application said.
“Requiring Goldfinch Solar to have a hearing when all land rights necessary for the construction of the Project have been acquired through voluntary agreements, no eminent domain is required, no objections have been filed, and the Board has waived hearings under similar circumstances would cause undue hardship,” it continued. “It would also cause an unnecessary expenditure of Board, OCA, and Goldfinch Solar resources.”
Some locals are skeptical of that reasoning, however.
Dave Skubal, a farmer in the Haskins area, said he thought the board should err on the side of caution and schedule a public hearing as usual before considering a generating certificate for Goldfinch Solar.
“This is a pretty big, deal,” he said. “Public input’s probably always better on any of this kind of stuff. If the county was going to do something, they’d have hearings, all kinds of hearings on it.”
Skubal has vocally opposed the Goldfinch Solar Project since its informational meeting in Ainsworth last year. He’s one of several community members who argue the facility would trade off with the use of valuable farm land, and require excessive tax breaks.
Both concerns are common talking points among the project’s critics. While Goldfinch’s application materials estimate a $10 million property tax revenue in its 30-40 year life span, opponents say the 30% investment tax credit expected for its construction would provide an unfair discount.
“You talked about a $250 million investment, I want to know if any of that is subsidized by grants, or tax credits, or offsets, state or federal,” Washington County Supervisor Jack Seward Jr. said at the 2022 informational meeting. “Are you actually putting $250 million into it? Or is that money coming from the government, which is our tax money?”
Comments: Kalen.McCain@southeastiowaunion.com
