By Greg Chandler
Zeeland Record
As expected, the developer of the proposed Silver Maple solar project in Zeeland and Jamestown townships has withdrawn its initial application and has turned in a new application to have the $330 million project approved by the Michigan Public Service Commission.
RWE Americas, LLC submitted the new application for the project last Friday under the business entity name Silver Maple PV, LLC. It essentially replicates its earlier application that was filed in April with the MPSC, but was then suspended in July at the company’s request after a Michigan Court of Appeals ruling which allowed Ottawa County to join the two townships as an affected local unit opposing the project.
RWE is applying for state approval under Public Act 233, a Michigan law that was adopted in 2023 that allows energy companies to bypass local municipalities and apply directly to the MPSC, a three-member commission appointed by the governor, for approval of large-scale renewable energy projects.
“The project will significantly contribute to Michigan’s identified energy, capacity, reliability, and resource adequacy needs,” RWE project manager Joe Brochu said in his testimony that was submitted as part of the new application. “Solar energy generation contributes to the stability and availability of energy resources within the state of Michigan, while promoting energy efficiency and community benefits that are brought upon by solar energy development.”
As with its initial application, RWE says it has secured leases on 52 parcels totaling 1,914 acres of farmland in the two townships. It plans to site the solar panels on 1,124 acres of fenced-in property, Brochu said.
If approved by the MPSC, RWE would break ground on the 200-megawatt project in late 2027, and the facility would be in operation in the second quarter of 2029, Brochu said.
As in its earlier application, RWE says it wants to build Silver Maple in Zeeland and Jamestown townships because of its proximity to a 345-kilovolt north/south transmission line that transports electricity over long distances. Brochu also cited “flat, buildable land” and interest from landowners as reasons for pursuing the project.
Silver Maple has generated considerable opposition from residents and local leaders in both townships, who say the project will negatively impact local farming and the rural character of the community. In addition, they believe the townships, not the state, should have the final say on whether the solar facility should be built.
“The people who live here deserve a meaningful voice in this decision. Local decision-making matters and we are going to continue advocating for our residents,” Zeeland Township Supervisor Kerri Bosma said in a post on the township’s Facebook page.
“Our farmland has been nurtured for hundreds of years by farmers who tile to prevent flooding, alternate crops for better soil, protect the animal habitat and provide beautiful landscapes,” Jamestown Township Supervisor Laurie VanHaitsma said during a Sept. 10 public meeting at the Dozeman Center inside Drenthe Grove Park. “Solar complexes destroy animal habitats, eliminate watersheds, strip valuable topsoil and soak the land with herbicides.”
Of the 125 people who turned out for the Sept. 10 public meeting on Silver Maple, not a single person spoke in support of the project.
On July 7, Zeeland Township filed suit in Ottawa County Circuit Court against Silver Maple PV, LLC, RWE Americas Services, LLC and RWE Solar Development, LLC, seeking to have Public Act 233 struck down as unconstitutional.
The township’s suit alleges PA 233 “preempts local control over the regulation of wind, solar and energy storage facilities by infringing on certain rights that the Michigan Constitution reserves to local governments.” It argues the developer needs a franchise approval from the township before being allowed to use township roads, alleys or public places to transport wires, poles or other equipment needed to build Silver Maple.
RWE responded by filing a notice to move the lawsuit to U.S. District Court in Grand Rapids on diversity jurisdiction grounds, since the township is a Michigan municipality while the project developers are incorporated in Delaware and RWE’s global headquarters are in Germany. The township is seeking to have the suit remanded back to Ottawa County, special legal counsel David Eberle recently told the Zeeland Record.
“With the application being withdrawn and then re-filed under the same MPSC docket, it makes very clear why the township’s lawsuit challenging the constitutionality of PA 233 is so important,” Bosma said.
Meanwhile, RWE is suing members of the Smallegan family, claiming they signed lease agreements with the developer allowing them access to their property, but then refused to allow project representatives onto the property. The lease agreements with the Smallegan family represent about 30 percent of the project area, RWE officials have said.
At a hearing last Friday in Ottawa County Circuit Court, Judge Jon Hulsing denied a motion by the Smallegans to dismiss the RWE lawsuit. A non-jury trial in the lawsuit has been scheduled for 11 a.m. on Oct. 7 before Hulsing, according to court records.
Zeeland Township has received $50,000 in intervenor funds from RWE related to the new Silver Maple application. The payment is required under PA 233 to help cover the township’s legal, technical and professional costs associated with contesting the application before MPSC.
The transfer and acceptance of the intervenor funds do not mean the township supports Silver Maple, Bosma said.
Zeeland Record
As expected, the developer of the proposed Silver Maple solar project in Zeeland and Jamestown townships has withdrawn its initial application and has turned in a new application to have the $330 million project approved by the Michigan Public Service Commission.
RWE Americas, LLC submitted the new application for the project last Friday under the business entity name Silver Maple PV, LLC. It essentially replicates its earlier application that was filed in April with the MPSC, but was then suspended in July at the company’s request after a Michigan Court of Appeals ruling which allowed Ottawa County to join the two townships as an affected local unit opposing the project.
RWE is applying for state approval under Public Act 233, a Michigan law that was adopted in 2023 that allows energy companies to bypass local municipalities and apply directly to the MPSC, a three-member commission appointed by the governor, for approval of large-scale renewable energy projects.
“The project will significantly contribute to Michigan’s identified energy, capacity, reliability, and resource adequacy needs,” RWE project manager Joe Brochu said in his testimony that was submitted as part of the new application. “Solar energy generation contributes to the stability and availability of energy resources within the state of Michigan, while promoting energy efficiency and community benefits that are brought upon by solar energy development.”
As with its initial application, RWE says it has secured leases on 52 parcels totaling 1,914 acres of farmland in the two townships. It plans to site the solar panels on 1,124 acres of fenced-in property, Brochu said.
If approved by the MPSC, RWE would break ground on the 200-megawatt project in late 2027, and the facility would be in operation in the second quarter of 2029, Brochu said.
As in its earlier application, RWE says it wants to build Silver Maple in Zeeland and Jamestown townships because of its proximity to a 345-kilovolt north/south transmission line that transports electricity over long distances. Brochu also cited “flat, buildable land” and interest from landowners as reasons for pursuing the project.
Silver Maple has generated considerable opposition from residents and local leaders in both townships, who say the project will negatively impact local farming and the rural character of the community. In addition, they believe the townships, not the state, should have the final say on whether the solar facility should be built.
“The people who live here deserve a meaningful voice in this decision. Local decision-making matters and we are going to continue advocating for our residents,” Zeeland Township Supervisor Kerri Bosma said in a post on the township’s Facebook page.
“Our farmland has been nurtured for hundreds of years by farmers who tile to prevent flooding, alternate crops for better soil, protect the animal habitat and provide beautiful landscapes,” Jamestown Township Supervisor Laurie VanHaitsma said during a Sept. 10 public meeting at the Dozeman Center inside Drenthe Grove Park. “Solar complexes destroy animal habitats, eliminate watersheds, strip valuable topsoil and soak the land with herbicides.”
Of the 125 people who turned out for the Sept. 10 public meeting on Silver Maple, not a single person spoke in support of the project.
On July 7, Zeeland Township filed suit in Ottawa County Circuit Court against Silver Maple PV, LLC, RWE Americas Services, LLC and RWE Solar Development, LLC, seeking to have Public Act 233 struck down as unconstitutional.
The township’s suit alleges PA 233 “preempts local control over the regulation of wind, solar and energy storage facilities by infringing on certain rights that the Michigan Constitution reserves to local governments.” It argues the developer needs a franchise approval from the township before being allowed to use township roads, alleys or public places to transport wires, poles or other equipment needed to build Silver Maple.
RWE responded by filing a notice to move the lawsuit to U.S. District Court in Grand Rapids on diversity jurisdiction grounds, since the township is a Michigan municipality while the project developers are incorporated in Delaware and RWE’s global headquarters are in Germany. The township is seeking to have the suit remanded back to Ottawa County, special legal counsel David Eberle recently told the Zeeland Record.
“With the application being withdrawn and then re-filed under the same MPSC docket, it makes very clear why the township’s lawsuit challenging the constitutionality of PA 233 is so important,” Bosma said.
Meanwhile, RWE is suing members of the Smallegan family, claiming they signed lease agreements with the developer allowing them access to their property, but then refused to allow project representatives onto the property. The lease agreements with the Smallegan family represent about 30 percent of the project area, RWE officials have said.
At a hearing last Friday in Ottawa County Circuit Court, Judge Jon Hulsing denied a motion by the Smallegans to dismiss the RWE lawsuit. A non-jury trial in the lawsuit has been scheduled for 11 a.m. on Oct. 7 before Hulsing, according to court records.
Zeeland Township has received $50,000 in intervenor funds from RWE related to the new Silver Maple application. The payment is required under PA 233 to help cover the township’s legal, technical and professional costs associated with contesting the application before MPSC.
The transfer and acceptance of the intervenor funds do not mean the township supports Silver Maple, Bosma said.
––––––––––––––––––––
Subscribe to the Legal News!
https://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
