By Greg Chandler
Zeeland Record
Twelve people who sought to state their opposition to the proposed Silver Maple solar project in Zeeland and Jamestown townships before the Michigan Public Service Commission have been denied in their request by an administrative law judge.
Judge James Varchetti on June 25 denied petitions for 12 of 16 potential intervenors who do not own property in or adjacent to the area of the proposed $330 million Silver Maple project.
Varchetti largely sided with attorneys representing project developer RWE, who said the concerns raised by the potential intervenors were already being represented adequately by the two townships and more than 20 property owners who live in the project area who have been granted petitions to intervene in the case before the MPSC.
“I’m not finding any indication of a unique perspective or any factor warranting permissive intervention. The interests described in the petition are stated by most of the 20 other intervenors by right,” Varchetti said in denying the petitions by Matthew and Brenda VanderPlow and Christi Meppelink.
The judge also rejected the petitions of Jeff and Lisa Russcher, Brad DeWeerd, Michael and Amy Raczynski, Jerry VanderLugt, and William and Cadence DeVree.
RWE attorneys on June 3 filed an “omnibus opposition to permissive petitions to intervene” motion against the 16 potential intervenors who live outside the project area.
“That’s not to say any of these folks who are trying to intervene have invalid interests, and we’re certainly not saying their interests are something the commission should disregard. That’s not our position,” RWE attorney Ryan Shannon said. “It’s just that those interests are already going to be served by the existing parties – multiple, multiple times over. The strongest concern is over judicial efficiency and procedural economy.”
Meppelink expressed disappointment over the rejection of her petition.
“I am very disappointed that the process allows for permissive intervenors, but in the end they don’t actually accept them due to the time constraints and the belief that their interests and concerns are represented elsewhere,” she said. “Obviously, the (Zeeland-Jamestown Preservation and Legacy) coalition will go on to represent the adjacent intervenors that were accepted, and I am happy to continue to support them and the coalition in protecting our community.”
Cadence DeVree said despite the rejection of the petition she and her husband submitted, she will continue to be an outspoken advocate for the township’s agricultural and rural character.
“This procedural hurdle changes nothing about my commitment to our community, our agricultural land, and the preservation of local control,” she said. “Ultimately, (Public Act) 233 represents an unprecedented overreach that strips power away from the communities who actually live on and care for this land. I intend to fight this legislation tooth and nail to help restore true local control over our zoning and utility-scale projects.”
Varchetti granted petitions to intervene that were filed by Melissa and Richard Terpstra, and Cary and Lynae Van Bronkhorst. The Terpstras live in Allegan County’s Salem Township, just across the county line from Zeeland Township, said attorney Keith Brown of the Foster Swift law firm that is representing many individual property owners who oppose Silver Maple.
“They are not represented by the intervening (affected local units) at this point,” Brown said of the Terpstras’ petition. “Their parcel is separated from the project and from the ability to intervene by right only by the Consumers (Energy) transmission corridor that separates their property from a participating property’s.”
Similarly, the Van Bronkhorst property is also separated from the project by the Consumers transmission corridor, Brown said.
“While these parcels aren’t directly adjacent, they do appear to be very, very close to the proposed solar project, because it’s only that narrow electrical transmission line corridor that separates these petitioners’ parcels from the proposed project, and that project is directly on the other side of that transmission line … This is close enough to the proposed facility that I’m willing to find that these petitioners have an interest that is sufficient to be considered intervention by right,” Varchetti said.
Varchetti also granted intervenor status to Ottawa Executive Airport and to Patricia Smallegan, trustee of the Smallegan Trust. The judge had granted conditional approval of their intervenor applications at a June 4 pre-hearing, provided that those entities retain legal counsel, which they did within a two-week deadline that he had set.
Another potential intervenor, Jeff Scholten Builder LLC, was denied their petition because they did not have a licensed attorney file an appearance on behalf of their business within two weeks of the pre-hearing, Varchetti said.
A status conference in the case was scheduled to take place Wednesday morning. It was expected to address procedural issues that came out of a recent Michigan Court of Appeals ruling that may affect the Silver Maple case. A total of 79 townships and counties alleged the MPSC tried to limit the definition of an affected local unit as only those municipalities that exercise zoning jurisdiction.
The townships and counties also argued that they should have 30 days under PA 233 between a meeting of the chief elected official and a project developer to put together a compatible renewable energy ordinance, or CREO. MPSC had argued in favor of a 30-day window between a developer’s offer for a meeting and the passage of the CREO.
Zeeland Record
Twelve people who sought to state their opposition to the proposed Silver Maple solar project in Zeeland and Jamestown townships before the Michigan Public Service Commission have been denied in their request by an administrative law judge.
Judge James Varchetti on June 25 denied petitions for 12 of 16 potential intervenors who do not own property in or adjacent to the area of the proposed $330 million Silver Maple project.
Varchetti largely sided with attorneys representing project developer RWE, who said the concerns raised by the potential intervenors were already being represented adequately by the two townships and more than 20 property owners who live in the project area who have been granted petitions to intervene in the case before the MPSC.
“I’m not finding any indication of a unique perspective or any factor warranting permissive intervention. The interests described in the petition are stated by most of the 20 other intervenors by right,” Varchetti said in denying the petitions by Matthew and Brenda VanderPlow and Christi Meppelink.
The judge also rejected the petitions of Jeff and Lisa Russcher, Brad DeWeerd, Michael and Amy Raczynski, Jerry VanderLugt, and William and Cadence DeVree.
RWE attorneys on June 3 filed an “omnibus opposition to permissive petitions to intervene” motion against the 16 potential intervenors who live outside the project area.
“That’s not to say any of these folks who are trying to intervene have invalid interests, and we’re certainly not saying their interests are something the commission should disregard. That’s not our position,” RWE attorney Ryan Shannon said. “It’s just that those interests are already going to be served by the existing parties – multiple, multiple times over. The strongest concern is over judicial efficiency and procedural economy.”
Meppelink expressed disappointment over the rejection of her petition.
“I am very disappointed that the process allows for permissive intervenors, but in the end they don’t actually accept them due to the time constraints and the belief that their interests and concerns are represented elsewhere,” she said. “Obviously, the (Zeeland-Jamestown Preservation and Legacy) coalition will go on to represent the adjacent intervenors that were accepted, and I am happy to continue to support them and the coalition in protecting our community.”
Cadence DeVree said despite the rejection of the petition she and her husband submitted, she will continue to be an outspoken advocate for the township’s agricultural and rural character.
“This procedural hurdle changes nothing about my commitment to our community, our agricultural land, and the preservation of local control,” she said. “Ultimately, (Public Act) 233 represents an unprecedented overreach that strips power away from the communities who actually live on and care for this land. I intend to fight this legislation tooth and nail to help restore true local control over our zoning and utility-scale projects.”
Varchetti granted petitions to intervene that were filed by Melissa and Richard Terpstra, and Cary and Lynae Van Bronkhorst. The Terpstras live in Allegan County’s Salem Township, just across the county line from Zeeland Township, said attorney Keith Brown of the Foster Swift law firm that is representing many individual property owners who oppose Silver Maple.
“They are not represented by the intervening (affected local units) at this point,” Brown said of the Terpstras’ petition. “Their parcel is separated from the project and from the ability to intervene by right only by the Consumers (Energy) transmission corridor that separates their property from a participating property’s.”
Similarly, the Van Bronkhorst property is also separated from the project by the Consumers transmission corridor, Brown said.
“While these parcels aren’t directly adjacent, they do appear to be very, very close to the proposed solar project, because it’s only that narrow electrical transmission line corridor that separates these petitioners’ parcels from the proposed project, and that project is directly on the other side of that transmission line … This is close enough to the proposed facility that I’m willing to find that these petitioners have an interest that is sufficient to be considered intervention by right,” Varchetti said.
Varchetti also granted intervenor status to Ottawa Executive Airport and to Patricia Smallegan, trustee of the Smallegan Trust. The judge had granted conditional approval of their intervenor applications at a June 4 pre-hearing, provided that those entities retain legal counsel, which they did within a two-week deadline that he had set.
Another potential intervenor, Jeff Scholten Builder LLC, was denied their petition because they did not have a licensed attorney file an appearance on behalf of their business within two weeks of the pre-hearing, Varchetti said.
A status conference in the case was scheduled to take place Wednesday morning. It was expected to address procedural issues that came out of a recent Michigan Court of Appeals ruling that may affect the Silver Maple case. A total of 79 townships and counties alleged the MPSC tried to limit the definition of an affected local unit as only those municipalities that exercise zoning jurisdiction.
The townships and counties also argued that they should have 30 days under PA 233 between a meeting of the chief elected official and a project developer to put together a compatible renewable energy ordinance, or CREO. MPSC had argued in favor of a 30-day window between a developer’s offer for a meeting and the passage of the CREO.
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