Kentucky Public Service Commission

20240423_Notice of Filing Hearing Documents - February 7, 2024.pdf

Order Entered: 1. Dogwood Corners’ February 16, 2024 petition for confidential treatment is granted. 2. Dogwood Corners’ February 22, 2024 petition for confidential treatment is granted.3. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for an indefinite period or until further order of this Siting Board. 4. Use of the designated material granted confidential treatment by this Order in any Siting Board proceeding shall comply with 807 KAR 5:110, Section 5. 5. Dogwood Corners shall inform the Siting Board if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment. 6. If a nonparty to this proceeding requests to inspect the material granted confidential treatment by this Order and the period during which the material has been granted confidential treatment has not expired, Dogwood Corners shall have 30 days from receipt of written notice of the request to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878. If Dogwood Corners is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Siting Board shall deny the request for inspection.

Final Order Entered: 1. Dogwood Corners’ application for a Construction Certificate to construct an approximately 125 MW merchant solar electric generating facility in Christian County, Kentucky, is conditionally granted subject to full compliance with the mitigation measures and conditions prescribed in Appendix A to this Order. 2. Dogwood Corners shall fully comply with the mitigation measures and conditions prescribed in Appendix A to this Order. 3. In the event mitigation measures within the body of this Order conflict with those prescribed in Appendix A to this Order, the measures in Appendix A shall control. 4. This case is closed and removed from the Commission's docket.

Post-Hearing Brief

M Todd Osterloh Dogwood Corners LLC

Christian Countys Post-Hearing Brief

Harold Mac Johns Christian County, Kentucky

Supplemental Response to DR 1-16

M Todd Osterloh Dogwood Corners LLC

Responses to Post-Hearing Data Requests

M Todd Osterloh Dogwood Corners LLC

Supplemental Response to DR 1-1

M Todd Osterloh Dogwood Corners LLC

20240213_Letter Filing Sign In Sheet From Public Comments Meeting into the Record.pdf

20240212_Letter Filing Executive Order 2024-161 into the Record.pdf

Christian Countys Post-Hearing Request for Information from Dogwood Corners, LLC

Harold Mac Johns Christian County, Kentucky

Data Request

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before February 9, 2024. 2. Responses to post-hearing requests for information shall be filed on or before February 16, 2024. 3. Counsel for Dogwood Corners shall file a memorandum brief in support of Dogwood Corners post-hearing position on or before February 23, 2024. 4. Intervenors shall file a memorandum brief on or before February 23, 2024. 5. This case shall stand submitted for a decision by the Siting Board effective 12:01 a.m. Eastern Standard Time, February 24, 2024.

Motion for the Board to Accept Late Filing of Christian Countys Witness List

Harold Mac Johns Christian County, Kentucky

20240205_Letter Filing January 29, 2024 Public Meeting Minutes into the Record.pdf

Objection to Intervenors Witness List

M Todd Osterloh Dogwood Corners LLC

Notice of Public Hearing Publication

M. Todd Osterloh Dogwood Corners LLC

Christian County Witness List for Evidentiary Hearing

Harold Mac Johns Christian County, Kentucky

Witness List

M Todd Osterloh Dogwood Corners LLC

20240131_PSC Letter Filing Document into the Record.pdf

Reply to Dogwood Corners Response to the Consultants Report

Harold Mac Johns Christian County, Kentucky

Dogwood Corners Notice of Filing Publication

M. Todd Osterloh Dogwood Corners LLC

Response to Consultants Report

M Todd Osterloh Dogwood Corners LLC

Siting Assessment Review

Douglas Jeavons BBC Research Consulting and the Siting Board

Order Entered: 1. Dogwood Corners’ petition for confidential treatment is granted in part and denied in part. 2. Dogwood Corners’ petition for confidential treatment for the material terms of leases provided in response to Staff’s First Request, Item 1 is granted. 3. Dogwood Corners’ petition for confidential treatment for the remaining portions of the leases is denied. 4. Dogwood Corners’ petition for confidential treatment for the Participation Agreement provided in response to Staff’s First Request, Item 2 is granted. 5. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for an indefinite period or until further order of this Siting Board. 6. Use of the designated material granted confidential treatment by this Order in any Siting Board proceeding shall comply with 807 KAR 5:110, Section 5. 7. Dogwood Corners shall inform the Siting Board if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Response to Second Request for Information

M Todd Osterloh Dogwood Corners LLC

Data Request

Order Entered: 1. A local public hearing in this matter is scheduled for January 29, 2024, at 4:00 p.m. Central Standard Time, Christian County Clerk’s Office, 511 South Main Street Hopkinsville, Christian County, Kentucky 42240. 2. Dogwood Corners shall give timely notice of this local public hearing in a newspaper of general circulation in Christian County as required by 807 KAR 5:110, Section 9(2). 3. Dogwood Corners shall submit proof to the Siting Board of the notice to the public at least three days prior to the January 29, 2024 hearing.

Responses to First Request for Information

M Todd Osterloh Dogwood Corners LLC

Data Request

Judge Executive Jerry Gilliam Request for Local Hearing

Order Entered: 1. The Fiscal Court’s motion to intervene is granted. 2. The Fiscal Court is entitled to the full rights of a party and shall be served with the Siting Board’s Orders and with filed testimony, exhibits, pleadings, correspondence, and all other documents submitted by parties after the date of this Order. 3. The Fiscal Court shall comply with all provisions of the Commission’s regulations, 807 KAR 5:001, Section 8, related to the service and electronic filing of documents. 4. The Fiscal Court shall adhere to the procedural schedule set forth in the Siting Board’s September 27, 2023 Order and as amended by subsequent Orders. 5. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of this Order, the Fiscal Court shall file a written statement with the Siting Board that: a. Certifies that it, or its agent, possesses the facilities to receive electronic transmissions; and b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding shall be served.

20231005_Letter Dated September 26, 2023 to Governor Beshear.pdf

Order Entered: 1. The statutory deadline for the processing of this matter is 180 days from the application filing date. 2. The procedural schedule set forth in the Appendix to this Order shall be followed for this proceeding. 3. Dogwood Corners shall respond to all requests for information propounded by Siting Board Staff, whether identified on the procedural schedule or otherwise, as provided in those requests.

Response to Motion to Intervene

M Todd Osterloh Dogwood Corners LLC

Order Entered: Dogwood Corners’ application shall be accepted for filing as of September 11, 2023.

Motion to Intervene

Harold Mac Johns Christian County, Kentucky

Response to Second Deficiency Letter

M Todd Osterloh Dogwood Corners LLC

Entry of Appearance for Harold Mac Johns, Lindsay Tate Porter, and Lincoln Foster, counsel for Christian County, Kentucky.

Harold Mac Johns Christian County, Kentucky

20230907_PSC Deficiency Letter - Merchant Plant Application.pdf

Response to Deficiency Letter

M Todd Osterloh Dogwood Corners LLC

20230906_PSC Deficiency Letter - Merchant Plant Application.pdf

Application

M. Todd Osterloh, Esq. Dogwood Corners, LLC.

20230829_Acknowledgement Letter of Application Fees.pdf

20230725_PSC No Deficiency Letter- Notice of Intent.pdf

Notice of Intent

M Todd Osterloh Dogwood Corners LLC

20230724_PSC Acknowledgment Letter.pdf

Dogwood Corners, LLC Notice of Intent to File an Application for Certificate of Construction for an approximately 125 Megawatt Merchant Electric Solar Generating Facility in Christian County, Kentucky pursuant to KRS 278.700 and 807 KAR 5:110 Using Electro