By Greg Chandler
Zeeland Record
The timeline for the Michigan Public Service Commission to consider the proposed $330 million Silver Maple solar project in Zeeland and Jamestown townships has been set.
A final decision by the three-member MPSC must be made by April 3, 2027 – one year to the day from which RWE Clean Energy filed its application for approval of the 200-megawatt Silver Maple project with the state. Administrative Law Judge James Varchetti finalized the schedule for consideration last Thursday.
RWE has secured leases on 52 parcels totaling 1,914 acres of farmland, roughly 60 percent of which is in Zeeland Township, for Silver Maple. Its application says the project would disturb 1,431 acres of land and be built on 1,127 acres of fenced-in property.
RWE applied for approval of the project under Public Act 233, a state law passed in November 2023 that allows companies to bypass local units of government and apply directly to the state for approval of large-scale renewable energy projects.
In addition to approving the schedule for consideration of Silver Maple, Varchetti also granted petitions to intervene by the townships and more than 20 property owners who are within the project area.
However, 16 other potential intervenors who do not own property in or adjacent to the project area were given until today to state their case as to why they should be allowed to take part in speaking out against the application. RWE’s legal team filed an “omnibus opposition to permissive petitions to intervene” motion on June 3 - one day before last Thursday’s pre-hearing - seeking to block their participation in the case.
“They are neither participating property owners nor adjacent property owners based clearly on the identified addresses,” RWE attorney Salina Hamilton wrote in filing the motion.
“From our perspective, we believe that the underlying interests are adequately represented by those individuals who have … already been granted intervention, and that their respective interests are otherwise aligned,” RWE attorney Brandon Hubbard said during the hearing.
Because of the timing of the omnibus opposition motion, Varchetti granted the challenged intervenors an opportunity to make their case “in the spirit of fairness and due process.” He gave them until today to submit written responses.
“Silver Maple then can have one week to reply to those responses. Those replies (would) be due by June 18, and then I’ll hold a hearing on that matter on June 25 to address and decide (on) those intervention requests at that time,” Varchetti said.
Valerie Driesenga, one of the organizers of the Zeeland-Jamestown Preservation and Legacy Coalition, wrote in a text message to the Zeeland Record Monday that the property owners whose participation is being challenged are “moving forward with legal representation.”
"We want to make sure the people who will be most directly impacted by the Silver Maple solar project have a strong voice in the process,” Driesenga wrote. “The cost of legal representation is expected to be around $35,000, so we're asking the community to help us raise those funds. We are committed to protecting our community and making sure local concerns are heard."
A fundraising breakfast for the group is planned for June 20 at Ottawa Executive Airport.
Two of the entities seeking to be intervenors – Ottawa Executive Airport and Jeff Scholten Builder, LLC – have been granted provisional approval to be intervenors, but both were given two weeks to retain legal counsel to represent their interests.
“A business entity, like an LLC or a corporation, has to be represented by an attorney under Michigan law,” Varchetti said.
If those entities do not retain an attorney within that two-week window, Varchetti said he would reject their petitions.
Attorneys representing the competing interests worked up until shortly before the 9:30 a.m. hearing last Thursday to put together a case schedule for consideration of Silver Maple.
The process will begin with testimony by staff and intervenors, which will be received by Monday, Aug. 24. The following is the rest of the schedule:
• By Sept. 25: Rebuttal testimony
• By Sept. 30: Motions to strike
• By Oct. 6: Response to motions to strike
• Oct. 12-15: Cross-examination
• By Nov. 13: Initial briefs to be filed
• By Dec. 7: Replies to briefs
• Jan. 13, 2027: Proposed final decision target date
• Feb. 3, 2027: Exceptions to proposed final decision
• Feb. 12, 2027: Replies to exceptions
• By April 3, 2027: Final decision by MPSC on whether Silver Maple is approved.
“Because this matter has a one-year timeline, there’s not much wiggle room that we can invoke to change anything,” Varchetti said.
Zeeland Record
The timeline for the Michigan Public Service Commission to consider the proposed $330 million Silver Maple solar project in Zeeland and Jamestown townships has been set.
A final decision by the three-member MPSC must be made by April 3, 2027 – one year to the day from which RWE Clean Energy filed its application for approval of the 200-megawatt Silver Maple project with the state. Administrative Law Judge James Varchetti finalized the schedule for consideration last Thursday.
RWE has secured leases on 52 parcels totaling 1,914 acres of farmland, roughly 60 percent of which is in Zeeland Township, for Silver Maple. Its application says the project would disturb 1,431 acres of land and be built on 1,127 acres of fenced-in property.
RWE applied for approval of the project under Public Act 233, a state law passed in November 2023 that allows companies to bypass local units of government and apply directly to the state for approval of large-scale renewable energy projects.
In addition to approving the schedule for consideration of Silver Maple, Varchetti also granted petitions to intervene by the townships and more than 20 property owners who are within the project area.
However, 16 other potential intervenors who do not own property in or adjacent to the project area were given until today to state their case as to why they should be allowed to take part in speaking out against the application. RWE’s legal team filed an “omnibus opposition to permissive petitions to intervene” motion on June 3 - one day before last Thursday’s pre-hearing - seeking to block their participation in the case.
“They are neither participating property owners nor adjacent property owners based clearly on the identified addresses,” RWE attorney Salina Hamilton wrote in filing the motion.
“From our perspective, we believe that the underlying interests are adequately represented by those individuals who have … already been granted intervention, and that their respective interests are otherwise aligned,” RWE attorney Brandon Hubbard said during the hearing.
Because of the timing of the omnibus opposition motion, Varchetti granted the challenged intervenors an opportunity to make their case “in the spirit of fairness and due process.” He gave them until today to submit written responses.
“Silver Maple then can have one week to reply to those responses. Those replies (would) be due by June 18, and then I’ll hold a hearing on that matter on June 25 to address and decide (on) those intervention requests at that time,” Varchetti said.
Valerie Driesenga, one of the organizers of the Zeeland-Jamestown Preservation and Legacy Coalition, wrote in a text message to the Zeeland Record Monday that the property owners whose participation is being challenged are “moving forward with legal representation.”
"We want to make sure the people who will be most directly impacted by the Silver Maple solar project have a strong voice in the process,” Driesenga wrote. “The cost of legal representation is expected to be around $35,000, so we're asking the community to help us raise those funds. We are committed to protecting our community and making sure local concerns are heard."
A fundraising breakfast for the group is planned for June 20 at Ottawa Executive Airport.
Two of the entities seeking to be intervenors – Ottawa Executive Airport and Jeff Scholten Builder, LLC – have been granted provisional approval to be intervenors, but both were given two weeks to retain legal counsel to represent their interests.
“A business entity, like an LLC or a corporation, has to be represented by an attorney under Michigan law,” Varchetti said.
If those entities do not retain an attorney within that two-week window, Varchetti said he would reject their petitions.
Attorneys representing the competing interests worked up until shortly before the 9:30 a.m. hearing last Thursday to put together a case schedule for consideration of Silver Maple.
The process will begin with testimony by staff and intervenors, which will be received by Monday, Aug. 24. The following is the rest of the schedule:
• By Sept. 25: Rebuttal testimony
• By Sept. 30: Motions to strike
• By Oct. 6: Response to motions to strike
• Oct. 12-15: Cross-examination
• By Nov. 13: Initial briefs to be filed
• By Dec. 7: Replies to briefs
• Jan. 13, 2027: Proposed final decision target date
• Feb. 3, 2027: Exceptions to proposed final decision
• Feb. 12, 2027: Replies to exceptions
• By April 3, 2027: Final decision by MPSC on whether Silver Maple is approved.
“Because this matter has a one-year timeline, there’s not much wiggle room that we can invoke to change anything,” Varchetti said.
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