STATE OF VERMONT PUBLIC SERVICE BOARD PREFILED TESTIMONY OF ANDREW THOMAS ON BEHALF OF BDE EAST MONTPELIER LAZAR SOLAR, LLC. Summary of Testimony

Transcription

1 STATE OF VERMONT PUBLIC SERVICE BOARD PSB NMP No. Application of BDE East Montpelier Lazar Solar, LLC ) Pursuant to 0 V.S.A. a and Board Rule.0 ) authorizing the installation and operation of a 00 kw ) solar group net-metered electric generation facility ) located off of Route in East Montpelier, Vermont ) PREFILED TESTIMONY OF ANDREW THOMAS ON BEHALF OF BDE EAST MONTPELIER LAZAR SOLAR, LLC Summary of Testimony Mr. Thomas testimony provides an overview of the proposed project by BDE East Montpelier Lazar Solar, LLC to install and operate a 00 kw ground-mounted group net metering solar electric generation facility located off of Route in East Montpelier, Vermont. It also describes the proposed project s relationship to certain criteria set forth in 0 V.S.A. and addresses compliance with Public Service Board Rule. relating to group net metering system requirements.

2 STATE OF VERMONT PUBLIC SERVICE BOARD PSB NMP No. Application of BDE East Montpelier Lazar Solar, LLC ) Pursuant to 0 V.S.A. a and Board Rule.0 ) authorizing the installation and operation of a 00 kw ) solar group net-metered electric generation facility ) located off of Route in East Montpelier, Vermont ) PREFILED TESTIMONY OF ANDREW THOMAS ON BEHALF OF BDE EAST MONTPELIER LAZAR SOLAR, LLC I. Introduction Q. Please state your name, current employer, business address, and position. A. My name is Andrew Thomas, and I am currently the Managing Director at Bullrock Deutsche-Eco, LLC ( BDE ). My business address is Pine Haven Shores Road, Suite 0, Shelburne, VT 0. Q. Please describe your educational background and work experience. A. My resume is attached as Exhibit BDE-AT-. Q. Have you testified previously before the Public Service Board? A. Yes. Previously, I have provided pre-filed testimony regarding the Charlotte Ferry Road Solar Project NMP# 0, SSE II New Haven NMP #, a 00 kw group net metering project for BDE Vergennes Poquette Solar, LLC, Docket, BDE Grand Isle

3 December, 0 Page of Solar LLC ( MW solar project) and the recently filed net-metering 00 kw solar application for BDE Danville Lazar Solar LLC. Q. Who is the Applicant and what is their address? A. The Applicant is BDE East Montpelier Lazar Solar, LLC. Its mailing address is Pine Haven Shores Road, Suite 0, Shelburne, VT 0. I will be the main contact for the Applicant and am available at Pine Haven Shores Road, Suite 0, Shelburne, VT 0. Q. Please explain BDE s relationship to the Applicant. A. The Applicant retained BDE to provide development and project management services for the proposed 00 kw group net-metered ground-mounted solar array group to be located off of Route in East Montpelier, Vermont (lot behind Route ) (the Project ). BDE has worked collaboratively with the Applicant and Project contractors to manage various aspects of development including site selection, engineering and design, environmental investigations, aesthetic impact analysis, interconnection evaluation, regulatory and public affairs, financial modeling and construction management. 0 Q. What is the purpose of your testimony? A. My testimony supports the Application by the Applicant for a Certificate of Public Good pursuant to 0 V.S.A a and Board Rule.0 to construct the Project on property owned by Anthony and Jean Cassani at Route in East Montpelier, Vermont (lot behind

4 December, 0 Page of Route ) (the Property ). The Property is currently six separate subdivided lots that the Applicant proposes to utilize for the Project. The Applicant will have site control of the Project area, including all subdivided lots, (approximately acres) if the Board issues a CPG for the Project. I provide a Project overview and also specifically address the following Section criteria: (b)() orderly development of the region, (b)() aesthetics, noise, historic sites, waste disposal, transportation systems/traffic, and development affecting public investments. I also address the group net metering requirements under Board Rule.. Witness Adam Crary will address portions of 0 V.S.A. (b)(), including V.S.A. a(d) outstanding resource waters, headwaters, waste disposal, floodways, streams, shorelines, wetlands, soil erosion, and threatened and endangered species; rare and irreplaceable natural areas and necessary wildlife habitat. Witness Allison Kimball will address the proposed electrical system components and the Project s compliance with 0 V.S.A. (b)() system stability and reliability. II. Project Description and Overview 0 Q. Please generally describe the proposed Project. A. The Applicant proposes to install the Project on approximately acres of an. acre parcel of land, currently comprised of six separate parcels. The Project is located in an open field setback approximately feet from Route, which is the closest road. The Project is on the north side of Route, adjacent to a RV dealership. Residential properties and existing trees are located between Route and the Project site. The Applicant met with adjoining landowners to review the proposed Project. Based on that

5 December, 0 Page of meeting, the Applicant has shifted the Project further north and east to increase the setback distance from the Project and the adjoining property lines. The closest residence is located approximately feet to the southeast of the Project site. The second closest residence is located approximately feet to the south of the Project site. All other residences are in excess of 00 feet from the Project Site all generally to the south. See Exhibit BDE-AT-. Q. Please generally describe the site plan. A. The final site design and equipment selection will occur post-permit issuance; however such design will be substantially the same as shown in Exhibit BDE-AT-. In summary, the Project will consist of: 0 Approximately, solar panels installed on fixed, pile-driven post mounted racking systems across approximately acres; o Coated with non-reflective glazing o Sloped at an angle of approximately 0 degrees o Approximately nine () feet high off the ground at their highest point Approximately string inverters dispersed across the array that would convert the direct current (DC) generated by the panels to alternate current (AC); Network upgrades associated with interconnection of the system into Green Mountain Power's existing -phase service along Route, including installing approximately three new distribution poles. The first pole shall extend the existing three phase service across Route and be located on the north side of Route. The second pole will extend from that point to the north east up the slight incline towards the Project site. The third pole located approximately in the middle of the southern edge of the Project Site shall be installed behind an existing large tree and vegetation to aid in screening, this pole shall carry the necessary pole mounted transformers; An approximate perimeter fence with approximately vertical spacing; and driven fence posts;

6 New gravel access road to the Site, approximately feet long. PSB NMP No. December, 0 Page of More specifically, the array consists of approximately rows of racking units spread across the approximately acre area. Rows of panels running east-west and are oriented due south and fixed at around 0 degrees. Racking systems will be roughly feet on the low side and feet on the high side and installed to pile-driven posts systems, generally without the use of concrete. A specification drawing of a typical foundation and racking system is shown in Exhibit BDE-AT-. The Applicant would access the Project from Route and other state and local roads, which are accustomed to the type of traffic representative of the proposed daily material delivery. No grading is necessary. The Applicant will construct a temporary staging area on the Project Site as shown on Exhibit BDE-AT-. The Project includes the following minimum setbacks: -approximately feet from the measured edge of Route -approximately 0 feet from the other property boundary lines 0 Q. Will the Applicant need to permanently remove any trees for the Project? A. The Project will require limited selective tree clearing of trees greater than 0 feet in height. The area where this will occur is along the south western edge of the open field area near the top of the slope, to minimize shading on the array (which work will be

7 December, 0 Page of performed between November and April ). The limits of tree clearing are shown on Exhibit BDE-AT-. Q. Does the Applicant propose to install a fence? If so, please describe. A. Yes. The Applicant proposes to install an approximate perimeter fence with approximately vertical spacing; and driven fence posts. Access to and from the Project would be restricted by perimeter fencing in order to secure the site and prevent the public from entering the array. Exhibit BDE-AT- includes a fence specification sheet. Q. Please explain the proposed construction schedule. A. Project construction is estimated to take three months depending on weather and other logistical constraints. The Applicant will perform construction Monday-Friday, :00 A.M. to :00 P.M., Saturdays, :00 A.M. to :00 P.M. with no construction on Sundays or holidays. Q. What are the operation and maintenance activities for the Project? A. Once the Project is fully commissioned, operations and maintenance activities will be minimal. Routine maintenance will be performed one or two times per year. 0 Q. Who will retain ownership of the environmental attributes? A. The Applicant will retain ownership of the environmental attributes.

8 December, 0 Page of Q. Has the Town of East Montpelier adopted applicable screening requirements under Title as permitted in 0 V.S.A. (b)? A. No, the Town of East Montpelier has not adopted applicable screening requirements under Title. III. Section Criteria 0 0 Orderly Development of the Region [Section (b)()] Q. Will the Project interfere with the orderly development of the region, giving due consideration to recommendations from municipal and regional planning commissions and municipal legislative bodies? A. No. The Project will have a favorable impact on the orderly development of the region, in that it will promote the use of locally generated renewable energy without overall adverse impacts to the scenic or natural beauty of the area. The Project is consistent with the June, 0 East Montpelier Town Plan ( Town Plan ). The Town Plan does not give specific requirements for solar siting. It does, however, contain general statements supporting renewable energy: -The goal of the Vermont Comprehensive Energy Plan is to supply 0% of our energy needs from renewable sources by 00. East Montpelier shares this goal and has proposed specific actions to support it. These actions support greater efficiency, alternative modes of transportation, renewable energy sources, smart land development choices and building code compliance. Town Plan at. -It is widely agreed that the use of fossil fuels has a major influence on climate change. We should be looking to reduce our use of fossil based fuels and replace them with more sustainable sources. This would be beneficial to our energy security as well as have a positive effect on climate change. Town Plan at.

9 December, 0 Page of 0 0 The Town Plan also contains general statements and goals regarding general siting guidelines: -Simple guidelines for siting wind turbines exist (a brochure is available for download at but sensitive siting of solar panels on individual property should be considered. Energy projects are reviewed by the Public Service Department but the Town Plan and the concerns of local officials and commissions are considered. Town Plan at (Exhibit BDE-AT-). -Appropriate Siting of Energy and Transmission Facilities-New energy facilities including renewable energy projects as well as transmission and distribution lines should be sited and designed to respect the character of the surrounding area and neighborhood views. Town Plan at (Exhibit BDE-AT-). -The Planning Commission should provide guidelines for the siting and design of new energy projects including renewable energy projects; and should prepare guidelines for facilities associated with energy transmission including transmission lines, collector lines, and substations. Town Plan at (Exhibit BDE-AT-). -Preserve and enhance the aesthetic beauty of the town s landscape through a combination of public and private efforts, while maintaining sensitivity to the concerns and rights of property owners. Town Plan at (Exhibit BDE-AT-). The Town has not developed guidelines for solar projects. Finally, the Town seeks to protect wetlands and waterways, protect wildlife habitats and other natural resources. Town Plan at page (Exhibit BDE-AT-). The Project complies with the Town Plan because the Town Plan encourages the development of renewable energy resources and does not contain any specific solar siting provisions or land conservation measures applicable to the proposed Project or Property.

10 December, 0 Page of The proposed Project also gives due consideration to the Town s goal of respecting the character of the surrounding area and neighborhood views by designing the Project to include a significant setback (approximately feet) from Route, and locating the Project in an area that contains commercial development (RV trailer business). The existing residential structures are all over feet from the Project panels and the Applicant redesigned the Project to limit private views of the Project. Moreover, unlike residential subdivisions that permanently impact the land, the proposed Project has limited impacts on the land as explained in Adam Crary s testimony, and such impacts can mostly likely be remediated once the Project is removed. As explained in the aesthetic report, the Project is well screened from public viewpoints due to the significant setback from Route, and the intervening structures and vegetation. Finally, the Project has proposed landscape mitigation to further limit views from Route as set forth in Exhibit BDE-AT-. Thus, the Project complies with the Town Plan. 0 The Applicant also examined the 00 Central Vermont Regional Plan (Land Use Element October 0) ( Regional Plan ) to evaluate impacts to orderly development. The Regional Plan does not contain specific solar siting guidelines. The Regional Plan contains general goals encouraging the use of renewable energy: -The use of non-renewable energy resources should be decreased while the use of renewable energy resources, particularly those of local origin, should be increased. When we contacted the Regional Planning Commission, the person we spoke with explained that the October 0 Land use section replaces the land use section in the 00 Regional Plan.

11 December, 0 Page of 0 -Contemporary solar technologies have proven their value in Vermont, particularly in rural areas. As the technologies improve and costs decrease, solar thermal collectors and photovoltaics (technologies which can convert sunlight to electricity) will become more competitive in the marketplace even in less remote areas. As the power source of solar technologies is inexhaustible, and solar energy neither contributes pollutants to the atmosphere nor to our reliance on foreign energy suppliers, strategies should be developed to encourage its use. -Fossil fuels must be replaced by renewable energy resources. As long as present patterns of energy consumption are continued, prices will rise, the nation's trade deficit will increase, pollution will continue and the potential for severe atmospheric changes will grow. Sustained economic health and avoidance of continued environmental degradation will require a dramatic shift to renewable energy resources and improved energy efficiency. This shift will require not only strong market pressure, but also creative policy initiatives. -CVRPC will promote the development and use of renewable sources of energy, particularly those of local origin, through public education efforts and participation in Act 0 and Section hearings. Exhibit BDE-AT- (Regional Plan, Energy Section -, -, -, -). 0 The Regional Plan s new land use section includes a goal to preserve the aesthetic quality of the region and contains the following relevant policies:. Municipalities and developers are encouraged, through design and siting of structures, to make a concerted effort to preserve access to and enjoyment of scenic views for the public.. Unless effectively screened, or clearly in the best interest of the general public, ridge line development or conspicuous development on locally prominent landscape features is discouraged.. The scale and siting of new structures should be in keeping with the surrounding landscape and architecture; however, towers should utilize stealth technology. Exhibit BDE-AT- (Regional Plan at Land Use Section -.)

12 December, 0 Page of The Project complies with the Regional Plan for the same reasons it complies with the Town Plan. In addition, the Project complies with the Regional Plan because it is not sited on a ridge line or local prominent landscape feature. Moreover, the Project would increase the region s energy supply by increasing solar generation in the region with limited aesthetic and environmental impacts as the Project has undergone comprehensive aesthetic and environmental review as set forth in the aesthetic report and Adam Crary s testimony. 0 The Applicant provided the Town of East Montpelier Select Board and Planning Commission and the Regional Planning Commission with a -day advance notice package under Rule.0(A). On November, 0, I attended a Town of East Montpelier Select Board meeting on the Applicant s behalf to discuss the Project specifics in a public forum. At that meeting, the Applicant answered questions from the Board, the public, and from abutting landowners about technical aspects of the system being proposed, aesthetic screening measures, and impacts to the Town. I introduced TJ Boyle Associates as the aesthetic consultant for the Project and explained that the Applicant would implement all recommendations from TJ Boyle into the Project application documents. The Applicant implemented TJ Boyle s suggestions as evidenced by the proposed landscape mitigation plan in Exhibit BDE-AT- Landscape Mitigation Plan (Sheet L-). Exhibit BDE-AT-: sample -Day Package. As required by Board Rule.0(C), the Applicant also sent the day notice to the Secretary of the Agency of Natural Resources, the Commissioner of the Department of Public Service, the adjoining landowners, the Public Service Board and Green Mountain Power Corporation.

13 December, 0 Page of Historical and Archeological Sites [0 V.S.A. (b)() V.S.A. 0(a)()] Q. Will this Project have an undue adverse effect on historic sites? A. No. Title, Section 00() defines historic site as any site, structure, district, or archeological landmark which has been officially included in the National Register of Historic Places and/or the State Register of Historic Places or which is established by testimony of the Vermont Advisory Council on Historic Preservation as being historically significant. The Applicant reviewed the National Register of Historic Places and the State Register of Historic Places and found no listed above or below ground sites that the Project within or adjacent to the Project. The Applicant is not aware that the Vermont Advisory Council on Historic Preservation has considered the Project area significant such that it has begun the process of providing testimony to support the listing of any sites within or adjacent to the Project site as historic. If the Vermont Division for Historic Preservation (VDHP) believes that the Project may impact historic sites, the Applicant commits to discussing these issues with VDHP. To date, however, VDHP has not informed the Applicant of any issues. Therefore, the Project will not have any undue, adverse impacts on historic sites. 0 Aesthetics [0 V.S.A (b)() & V.S.A. 0(a)()] Q. Please describe the Project site and surroundings. A. As fully described in the attached aesthetic report prepared by Jeremy Owens, an Associate Landscape Architect at TJ Boyle Associates, LLC, Exhibit BDE-AT- (which includes a landscape mitigation plan), the Project will not have an undue adverse impact

14 December, 0 Page of 0 with respect to the aesthetics or scenic beauty of the area. The Report concluded that the proposed Project would not have an overall adverse effect on the scenic or natural beauty or aesthetics of the area. The vast majority of the surrounding area would not have views of the Project, and supplemental screening has been proposed as set forth in the landscape mitigation plan. The Project s impact to the surrounding area should not be considered adverse because: Site selection significantly reduces potential Project visibility from immediate and distant surrounding areas due to intervening vegetation and landform. Within views where Project visibility would occur, only a limited portion of the Project would be visible, and the Project profile would not be a major element in the landscape due to the low profile of the Project components and location of the proposed arrays at 0 to the direction of travel. However, if the Project were found to be adverse, it would not result in an undue impact because: The Project includes reasonably available mitigation measures to reduce its visual impact to Route. Mitigating elements include site selection, locating the arrays in close proximity to adjacent vegetation and the proposed supplemental landscape mitigation. The Project does not violate a clearly written community standard intended to preserve the aesthetics or scenic beauty of the area based on the review of the Regional Plan and Town Plan.

15 December, 0 Page of The Project would not be considered shocking or offensive to the average person due to the lack of extensive public views, supplemental landscape mitigation, and similarity to existing distribution infrastructure found throughout Vermont. In conclusion, the Project meets the Quechee Test insofar as its impact on aesthetics would not be unduly adverse. Noise [Section (b)()] Q. Please explain any potential noise impacts from the Project. A. The Project will use two pieces of electrical equipment that will generate noise. The first are the pole mounted step-up transformers. These transformers will meet the NEMA Standard TR- requirements for sound level, which states that the transformer not exceed a sound level of dba at foot. The second are the string inverters. The manufacturer specifications for these inverters expect the sound level to be less than dba at meter. 0 The sound analysis was completed for the closest existing residence to the Project. The closest existing residence is located approximately feet to the south of the Project site. The sound analysis demonstrates that the sound level at the exterior of this residence will be less than dba. The next closest existing residence is located approximately feet to the south of the Project site. The sound analysis demonstrates that the sound level at the exterior of this residence will be less than dba.

16 December, 0 Page of Q. Will the noise produced by the proposed Project create an undue adverse effect? A. No, the noise levels calculated at the nearest residence will be below both the maximum limits of dba (exterior) and 0 dba (interior) as required by the Public Service Board. Waste Disposal [ V.S.A. 0(a)()(B) & a(d)()] Q0. Will the Project require installing any components with oil? A0. Yes. The Project includes installing - kw transformers that use a bio-based coolant. The Site Plan (Exhibit BDE-AT-) shows the location of the proposed transformers and Exhibit BDE-AT- includes transformer specifications. Please see the Prefiled Testimony of Adam Crary and Exhibits for more information. Q. Will the Project meet all applicable health and Department of Environmental Conservation ( DEC ) regulations regarding the disposal of wastes? Q. Yes. The Project will not involve the injection of waste materials or any harmful or toxic substances into groundwater or wells. The Project will produce minimal waste. Construction debris and waste products will be disposed of in accordance with applicable regulations and transported to an appropriately licensed facility. 0 Transportation Systems/Traffic V.S.A. 0(a)() Q. Will the Project cause unreasonable congestion or unsafe conditions with respect to use of the highways, waterways, railways, airports or airways, and other means of transportation existing or proposed?

17 December, 0 Page of A. No. The Applicant proposes to deliver materials to the Project site via Route and other state and local roads, which are accustomed to the type of traffic representative of the proposed daily material delivery. The Project is not expected to require overweight and oversized deliveries. Development Affecting Public Investments [ V.S.A. 0(a)()(K)] Q. Will the Project unnecessarily or unreasonably endanger any public or quasi-public investment in the facility, service, or lands, or materially jeopardize or interfere with the function, efficiency, or safety of, or the public s use or enjoyment of or access to, the facility, service or lands? A. No. The nearby existing public investment is Route and the Project will not interfere with the public s use of those roads other than through minor temporary traffic impacts. 0 Group Net-Metering Requirements [Board Rule.] Q. Please describe the meters proposed to be included in the group system? A. The new net metering group members are: (Meter #) a new proposed meter located at the array for measuring excess production which the Applicant will own, and locate at the Project Site. The Applicant requested GMP to setup an account for the production meter once that infrastructure has been constructed. The second meter (Meter #) is an existing meter #0 that is associated with Account #: 000 located at Main Street, Proctor, Vermont. The Applicant will allocate excess production from the array to the Green Mountain Power Customer account number # 0000 (Meter #).

18 December, 0 Page of Please note that the second meter and associated account are already proposed to be associated with another group and a different generation facility (see recently filed 00 kw group net metering project for BDE Vergennes Poquette Solar, LLC). This customer and related net-metering applicants have requested Board approval to associate the second meter to that group in another matter. Q. Will the meters included in the group system be located within the same electric service territory? A. Yes. All meters will be located within GMP s service territory. Q. Please describe the proposed method for adding and removing meters from the group net metering system? A. Applicant will add or remove meters at its sole discretion and pursuant to applicable rules. 0 Q. Whom will Applicant designate to be responsible for all communications from the group system to the serving electric company, for receiving and paying aggregate bills for any service provide by the serving company for the group system, and for receiving any other communications regarding the group system? A. Andrew Thomas Bullrock Deutsche-Eco Solar, LLC Pine Haven Shores Road Suite 0 Shelburne, VT 0 (0) -

19 December, 0 Page of Q. Please describe Applicant s binding process for the resolution of any disputes within the group system relating to net metering that does not rely on the serving electric company, the Board or the Department? A. All disputes between group members will be settled by the group administrator, in its sole discretion. In no event will Applicant require the Public Service Board, the Public Service Department, or GMP to resolve a dispute within the group net metering system. Q. Does this conclude your testimony? A. Yes.

20 PSB Docket No. December, 0 Page of EXHIBIT LIST Exhibit BDE-AT- Exhibit BDE-AT- Exhibit BDE-AT- Exhibit BDE-AT- Exhibit BDE-AT- Exhibit BDE-AT- Exhibit BDE-AT- Resume Site Plans Proposed Equipment Specifications Town Plan Excerpts Regional Plan Excerpts -day Package (sample) Aesthetic Report