Embed Size (px)
Citation preview
STATE OF VERMONT PUBLIC UTILTY COMMISSION
Application of Orchard Road Solar I, LLC for a ) Certificate of public good, pursuant to ) 30 V.S.A. §§ 219a and 248, for a 500 kW ) CPG #16-0042-NMP interconnected group net-metered solar electric ) Generation system in Middletown Springs, Vermont )
MOTION OF PRO SE PARTIES TO SUPPLEMENT THE RECORD DUE TO CHANGED CIRCUMSTANCES
Now come Doug Freilich and Julie Sperling, Elizabeth Cooper, Karen Gutmann
and Larry Springsteen, Ted and Dina Fitzpatrick and Peter and Aileen Stevenson, pro se,
(hereinafter “Neighbors”) and hereby move to supplement the record with photographs of
the site in use that provide information previously unavailable to the Public Utility
Commission (PUC).
Background
This case has proceeded through the technical hearing, brief and reply brief phase
and awaits a Proposal for Decision from the Hearing Officer. At no time from the
announcement of the project to the close of the evidentiary record did any opportunity
present itself to clearly show what a large visual impact would result from the proposed
500 kW solar array.
Changed Circumstance
On the weekend of Oct. 21 and 22, 2017, the circumstance changed. For the first
time since the project was proposed, Neighbors were provided a clear visual impact of
Motion of Pro Se Parties to Supplement Record Orchard Road Solar I, CPG #16-0042-NMP, Oct. 31, 2017
p. 2 of 4
the site in use for a wedding with a large tent erected on the southern edge of the property
and cars parked on the project site itself.
Legal Standard
Rule 2.206 allows parties to file a post-hearing motion in writing to present
additional evidence after a technical hearing is over. The moving party must demonstrate
that the evidence would help the Commission or Hearing Officer make a final
determination, and that it would not be unfair to other parties to allow such additional
evidence to be presented after the technical hearing. In consideration of whether to grant
such a post-hearing motion, an important consideration is whether the new evidence
should have been made sooner or during the technical hearing.
Discussion
At no time since the project was announced was the site occupied in any way that
would have provided the visual impact that was seen by Neighbors on the weekend of
Oct. 20 and 21, 2017. The circumstance changed only after the technical hearing, when
Neighbors were able to provide new information to the Commission and Hearing Officer
to assist in making its determination in this case. Providing previously unavailable
evidence of the visual impact will not be unfair to other parties in this case.
New Evidence
Neighbors respectfully submit Exhibit 1 in the form of photographic evidence of
the unduly adverse visual impact of large manmade objects on the high visibility high
elevation north facing hillside on which the groSolar 500 kW array is proposed. The
outsized mass and high elevation placement of the proposed industrial glass and steel
monolith will have a shocking impact not just on the immediate neighbors, but also on
Motion of Pro Se Parties to Supplement Record Orchard Road Solar I, CPG #16-0042-NMP, Oct. 31, 2017
p. 3 of 4
the idyllic historic town and region. Due to the timing of when parties were granted party
status in this case, this is the first opportunity available to take photos in partial leaf-off
condition, and this recent weekend event was the only time the site was in use during this
case’s process.
Conclusion
Neighbors hereby move and request that the Commission allow the additional
evidence due to changed circumstances into the record in this case.
Dated in Middletown Springs, Vermont this 31th day of October 2017.
Sincerely,
Elizabeth W. Cooper 49 Rocks and Trees Lane, PO Box 1011 Middletown Springs, VT 05757 802-235-1406 [email protected]
Douglas K. Freilich and Julie A. Sperling PO Box 1041 Middletown Springs, VT 05757 802-235-1282 [email protected]
Motion of Pro Se Parties to Supplement Record Orchard Road Solar I, CPG #16-0042-NMP, Oct. 31, 2017
p. 4 of 4
Karen L. Gutmann and Larry L. Springsteen 290 West Street Middletown Springs, VT 05757 802-235-1133 [email protected]
Ted W Fitzpatrick Dina J Fitzpatrick 12525 Jot Em Down Lane Odessa, FL 33556 813-920-6880 [email protected]
Peter Stevenson Aileen Stevenson 97 Coy Hill Rd. Middletown Springs, VT 05757 802-235-2191 [email protected]
EXHIBIT 1
Tent erected at southern edge of parcel. Solar array location is north of tent location (downhill). As seen from Rocks & Trees property.
Photo 1 by Elizabeth Cooper (Lawrence Report (LR) May 2017, p. 36, location 6)
Photo 2 by Elizabeth Cooper, from Rocks & Trees property (LR, p. 36, loc. 6)
p. 2 of 8 Photo 3 by Elizabeth Cooper, from Rocks & Trees property (LR, p. 36, loc. 6)
Photo 4 taken from Wescott Road. Project site, field mowed for car parking. (LR, near loc. 9)
p. 3 of 8 Photo 5 by Daniel McKeen (LR, loc 5), as seen from Daniel McKeen’s property.
(Orange line is a rope swing).
Photo 6 by Neil Russell (LR loc 2) As seen from Neil Russell property. Cars parked on solar site, wedding tent at southern end of parcel.
p. 4 of 8 Photo 7 by Neil Russell (LR loc 2). As seen from Neil Russell property.
Photo 8 by Neil Russell (LR loc 2). As seen from Neil Russell property.
p. 5 of 8 Photo 9 by Karen Gutmann
Wedding Tent south of project site as seen from Pleasant View Cemetery in Middletown Springs.
Photo 10 by Karen Gutmann, View from Pleasant View Cemetery
p. 6 of 8 Photo 11 by Karen Gutmann. View from Pleasant View Cemetery.
Pleasant View Cemetery location east of solar project site
p. 7 of 8 Photo 12 by Julie Sperling (LR loc 3)
Mowed field for car parking on project site, wedding tent south of project site. Historic homes of Gutmann/Springsteen and Querrys, from Sundog Lane at the entrance to home of Freilich/Sperling.
Photo 13 by Julie Sperling (LR loc 3) Historic Burnham Hollow area with wedding tent south of project site, from Sundog Lane.
p. 8 of 8 Photo 14 by Karen Gutmann, about 2 miles from project site (LR loc 3)
Solar site and tent as seen from Route 140 by white farmhouse east of MSP center
Photo 15 by Julie Sperling, same location as Photo 14, above) Project site as seen from Route 140, with wedding tent south of project site.
STATE OF VERMONT PUBLIC SERVICE BOARD
Application of Orchard Road Solar I, LLC for a ) certificate of public good, pursuant to 30 V.S.A. ) §§ 219a and 248, to install and operate a 500 kW ) CPG #16-0042-NMP group net metered solar electric generation facility ) located on Orchard Road in Middletown Springs, ) Vermont, to be known as the “Orchard Road ) Solar Project” )
CERTIFICATE OF SERVICE
I, Elizabeth Cooper, on behalf of pro se parties Douglas Freilich and Julie Sperling, Karen Gutmann and Larry Springsteen, Peter and Aileen Stevenson, Dina and Ted Fitzpatrick and myself, certify this on date, I mailed copies of the enclosed documents to the below Service List. Ms. Judith Whitney, Clerk Vermont Public Service Board 112 State Street, Drawer 20 Montpelier, VT 05620-2701 Geoffrey H. Hand, Esq. Victoria Westgate, Esq. Dunkiel Saunders Elliott Raubvogel & Hand 91 College Street – P.O. Box 545 Burlington, VT 05402-0545 Randy J. Miller, II, Esq. Vermont Agency of Natural Resources 1 National Life Drive, Davis 2 Montpelier, VT 05620-3901 Stephanie Hoffman, Esq. Vermont Public Service Department 112 State Street, 3rd Floor Montpelier, VT 05620-2601 R. Scott Dillon Elizabeth G. Peebles Division for Historic Preservatoin 1 National Life Drive, Davis Bldg., 6th Flr Montpelier, VT 05620-0501 Rutland Regional Planning Commission Executive Finance Committee PO Box 965 Rutland, VT 05702
John E. Arsenault, Chairman Middletown Springs Planning Commission PO Box 1232 Middletown Springs, VT 05757 David Wright, President Middletown Springs Historical Society 10 Park Avenue – P.O. Box 1121 Mideletown Springs, VT 05757 Green Mountain Power Corporation 163 Acorn Lane Colchester, VT 05446 L. Brooke Dingledine, Esquire Valsangiacomo, Detora & McQuesten P.O. Box 625 172 North Main Street Barre, VT 05641 Richard M. Spitalny 24 Tanglewild Road Chappaqua, NY 10514 Karen & Robert Galloway 883 Chagrin River Road Gates Mills, OH 44040 Ted & Dina Fitzpatrick 12525 Jot Em Down Lane Odessa, FL 33556
Peter & Aileen Stevenson 97 Coy Hill Road Middletown Springs, VT 05757 Douglas Freilich & Julie Sperling P.O. Box 1041 Middletown Springs, VT 05757 Karen Gutmann & Larry Springsteen 290 West St. Middletown Springs, VT 05757
Roy Cooper 327 West St. Middletown Springs, VT 05757 Neil & Thomas Russell PO Box 279 West Rutland, VT 05777 Daniel McKeen 320 West Street Middletown Springs, VT 05757
Dated in Middletown Springs, Vermont this 31th day of October 2017.
Sincerely,
Elizabeth W. Cooper 49 Rocks and Trees Lane, PO Box 1011 Middletown Springs, VT 05757 802-235-1406 [email protected]
