From pv magazine USA
Lightsource bp has withdrawn its appeal to the Ohio Supreme Court regarding approval of its planned Birch Solar project. The 300 MW solar facility was opposed by county residents, which prevented regulatory approval of the facility.
The solar developer said in a filing that it has “elected to suspend further development of the solar facility at issue.”
Ohio state law has eight criteria for approving electric generation, including environmental impact studies, water conservation, agricultural impact studies, and whether the project serves electric system “economy and reliability” as well as the “public interest, convenience, and necessity.”
After heavy public opposition in the Republican county, regulators shut down Lightsource bp’s project, claiming that it was not in the “public interest.”
The solar developer argued that the Ohio Power Siting Board’s view of “public interest” was too narrow and placed too much weight on local opposition, while failing to consider the broader economic and service reliability benefits of the project.
Lightsource bp claimed that the local government and public comment was “a determining component” of assessing the project’s ability to meet the “public interest” requirement. It said that this interpretation violated Ohio state law by delegating the Ohio Power Siting Board’s legal authority to local governments.
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