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ATTORNEYS AT LAW
EXECUTIVE WOODS, FIVE PALISADES DRIVE, ALBANY, NY 12205
Phone: 518-438-9907 • Fax: 518-438-9914
www.youngsommer.com
Writer’s Telephone Extension: 274
swilson@youngsommer.com
November 2, 2023
Via Electronic Filing
New York State Office of Renewable Energy Siting
W. A. Harriman Campus
Building 9, 4th Floor
1220 Washington Avenue
Albany, NY 12226
Re: Matter 23-00048: Application of Yellow Barn Solar, LLC, for a Permit Pursuant to §
94-c of the New York State Executive Law to Construct and Operate a Major
Renewable Energy Generation Facility to be Located in the Towns of Groton and
Lansing, Tompkins County, New York
We represent Yellow Barn Solar, LLC (the “Applicant” or “Yellow Barn Solar”), in the
above-referenced proceeding. The Applicant hereby files its Application pursuant to Section 94-
c of the New York State Executive Law and Title 19 of NYCRR, Part 900, for a permit to construct
an approximately 160 megawatt (“MW”) alternating current (“AC”) solar facility in the Towns of
Groton and Lansing, Tompkins County, New York (the “Project” or “Facility”).
The Project will significantly contribute to the State’s clean energy and carbon reduction
goals and provide direct environmental and socioeconomic benefits to the State and the local
economy. The Project is a zero-emission, renewable source of energy that will assist the State in
meeting the goals of both the Climate Leadership and Community Protection Act (“CLCPA”) and
State Energy Plan, which include obtaining 70% of the State’s energy consumption from
renewable sources by 2030, and 100% of the State’s energy from clean sources by 2040. These
carbon reduction benefits will enable achievement of the public health and economic goals of the
CLCPA and provide benefits to consumers through the additional supply of clean, renewable
electricity onto the State’s electric grid.
The Facility will also provide an economic stimulus to the area during construction by
providing jobs and local contracts for goods and services. During operation, the Facility will offer
long-term highly skilled operational positions and significant long-term economic benefits through
lease revenue to local landowners and revenue to the community.
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Although the construction and operation of the Facility may result in certain temporary and
long-term environmental impacts, as fully described in the Application, the Applicant has
thoughtfully designed the Project in accordance with the Office of Renewable Energy Siting’s (the
“Office” or “ORES”) regulations to avoid and minimize negative impacts to sensitive resources
and the local community. The Project design considers the natural features and surrounding land
uses of the area and avoids habitat for threatened and endangered species and state-regulated
wetland and waterbody resources to the extent practicable. The Applicant consulted with the
Office and relevant State agencies, including the New York State Department of Environmental
Conservation and the State Office of Parks and Historic Preservation, on the scope and preparation
of environmental and cultural resource studies to ensure that the Applicant’s assessment of Project
impacts aligned with State law and the Office’s regulations.
During the Project design and pre-application phases, the Applicant worked with local
officials from the Towns of Groton and Lansing to understand the requirements of local law with
respect to construction and operation of the Project. The Applicant held meetings and open houses
during the pre-application stage to inform the community and local stakeholders. These meetings
were open to the public and provided interested stakeholders with the opportunity to learn about
the Project and provide feedback on elements of Project planning. The Applicant considered and
incorporated feedback from stakeholders on local concerns and interests. After many months of
pre-application engagement and study, the Applicant is pleased to submit this Application under
the State’s new major renewable energy facility siting and permitting process pursuant to
Execution Law Section 94-c and 19 NYCRR Part 900.
In accordance with 19 NYCRR §§ 900-1.4(a)(1) and (2), the enclosed Application includes
the Office’s application form and all exhibits required pursuant to 19 NYCRR Subpart 900-2. The
remainder of this correspondence addresses compliance with 19 NYCRR § 900-1.4(a)(3)-(10) and
§ 900-1.4(b).
19 NYCRR § 900-1.4(a)
(4) Project Website.
The Applicant has created a website through which it has disseminated, and will
continue to disseminate, information to the public. See https://yellowbarn-solar.com. The
website provides the material required by 19 NYCRR § 900-1.4(a)(4).
(5) Identification of Critical Infrastructure and Trade Secret Information.
Concurrent with the filing of this Application, the Applicant submitted a request to the
Office that certain documents and information contained within the Application be treated as
confidential (“Request for Nondisclosure”), as specifically identified therein and generally as
required by State or federal law to protect sensitive cultural or environmental resources.
Requests for confidential protection are submitted pursuant to Article 7 of the New York State
Public Officers Law and other applicable state and federal laws. The Applicant’s Request for
Nondisclosure is provided with this Application.
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(6) Identification of Confidential Cultural Resource Information.
The application does contain confidential information with respect to the location,
character, or ownership of cultural resources in Exhibit 9 and Appendices thereto. The
confidential information is submitted under confidential cover with a request for confidential
protection consistent with applicable State and federal laws requiring the protection of such
information, as noted in section (5) above.
(7) Affidavit of Service.
Affidavits of Service for the Application and all accompanying documents hand-
delivered to ORES and for service upon the other parties identified in 19 NYCRR § 900-1.6(a)
will be filed with ORES on the online DMM system as soon as available.
(8) Payment of Local Agency Fee.
Prior to filing of this Application, the Applicant deposited payment in the local agency
account in an amount equal to one thousand dollars ($1,000) for each one thousand (1,000)
kilowatts of the proposed project’s nameplate capacity, as required by 19 NYCRR § 900-
1.4(a)(8). ORES was notified that payment was wired for both the Local Agency and
Application Fees.
(9) Payment of Application Fee.
Prior to the filing of this Application, the Applicant submitted to the Office the fee
required by 19 NYCRR § 900-1.5, as noted in Section 8 above.
(10) Additional Information Requested by the Office.
The Applicant is not aware of any additional information requested by the Office.
19 NYCRR § 900-1.4(b)
Water Quality Certification
The Applicant will consult with the appropriate agencies, including ORES, as soon as
practicable after filing the Application regarding Water Quality Certification. Given that this
request is not being filed with the Application, the Applicant will file, serve and provide notice of
the requested Water Quality Certification in accordance with the requirements of 19 NYCRR §
900-1.6(c), upon submission of that request.
19 NYCRR § 900-1.4(a)(3): Site Specific Conditions
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Yellow Barn Solar is requesting that ORES add the following Site Specific Condition
to the Draft Permit:
- Phased Construction
(1) Consistent with 19 NYCRR § 900-10.2, and in addition to the Notice to Proceed (NTP)
authorization in 19 NYCRR § 900-6.1(g), the Permittee may request a conditional NTP
for a specific construction activity or specific phase of construction. For each such
requested activity or phase, the Permittee shall have submitted to the Office a scope of
work and all applicable pre-construction compliance filings listed in 19 NYCRR § 900-
10.2 or this Draft Permit and identified by the Office as a condition to NTP approval.
Please feel free to contact our office if you have any questions regarding the above.
Very truly yours,
/s/ Steven D. Wilson
James A. Muscato II
Steven D. Wilson
Young/Sommer LLC
Attorneys for Yellow Barn Solar, LLC