Ohio's Largest Solar Project Faces Final Decision After 2-Year Wait

The Ohio Power Siting Board is set to make a final decision on the Oak Run Solar Project, which would bring 800 megawatts of solar and 300 MW of energy storage to the state.

The Oak Run Solar Project, Ohio's largest solar and energy storage project to date, is awaiting a final decision from the Ohio Power Siting Board (OPSB) after a two-year wait.

The OPSB initially approved the project in March 2024, but the case has been bogged down by an appeal filed by Madison County and three of its townships. The appeal was filed with the Ohio Supreme Court in October 2024, and the court weighed in last May.

A majority of the seven justices rejected all objections to the project except one, which dealt with the project's visual impacts. The court sent the case back to the board with instructions for regulators to "more thoroughly address the Oak Run project's visual impacts" by reviewing photo simulations or artist's sketches of how the project's proposed substations would look from public vantage points.

Visual Impacts and the OPSB's Decision

On July 28, Ohio regulators heard testimony on this narrow issue. Briefing wrapped up last Friday. Once the full board reviews the transcript, briefs, and other filings, it will issue a decision. The OPSB's staff has already weighed in, asking the full board to confirm Oak Run's permit.

However, the board is under no obligation to vote according to its staff's recommendation, and there is no specific deadline for it to act. Any additional appeal could also eat up more time.

The Project's Significance

The Oak Run Solar Project represents a significant opportunity for long-term economic investment in Madison County while supporting Ohio's growing energy needs. The project would bring 800 megawatts of solar and 300 MW of energy storage to the state, which has become increasingly hostile to clean energy.

The Challenges of Developing Clean Energy in Ohio

The Oak Run Solar Project's saga demonstrates the difficulty of developing clean energy in Ohio. In recent years, the state has blocked 5.3 gigawatts of wind and solar projects and garnered a reputation as the place "where wind and solar projects go to die."

Since 2021, the General Assembly has enacted multiple laws that create extra hurdles for new solar and wind projects, but not for fossil fuel projects. The OPSB has played a central role in restricting solar's growth, especially for grandfathered projects exempted from local government bans under those state statutes.

The Ohio Supreme Court's Ruling

The Ohio Supreme Court's multiple opinions on May 26 in the Oak Run case may also suggest a growing partisanship among some of its members. Previously, the court's members had generally shown more deference toward the OPSB's expertise on its factual findings.

When those opinions are pieced together, six of the court's seven justices found fault with the OPSB's grant of the permit because the developer's visual evidence didn't include renderings of the project's three substations. Three of those justices found that was the only shortcoming. Three others also sided with the local governments and would have required more evidence on issues dealing with water, wildlife, and fears about the safety of battery storage.

Jennifer Brunner, the court's only Democrat, would have affirmed the OPSB's decision in its entirety, based on the case record's other evidence.

The Next Steps

The clock is ticking for Oak Run, as lawyers for the developer noted in a May 18 court filing: "Oak Run is now in dire need to have the appeals process come to a close as soon as possible." Besides having spent more than $13 million already, the developer faces contractual deadlines from grid operator PJM Interconnection and others to reach commercial operation by 2030.

"Should the Project fail due to the lengthy time for considerations, Oak Run will lose its significant financial investment and the community and state of Ohio will lose the employment and financial benefits that would result from construction and operation of the Project," including about $250 million for local governments, its filing said.

Plus, of course, the clean energy and battery storage.

Source: Canary Media