HomeMy WebLinkAbout5.1 - Peter G. Washington - NCS Solar - Agenda item 5.1.ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening
attachments, clicking on links, or replying..
From:Peter Washington
To:Clerk of the Board
Cc:Connelly, Bill; Durfee, Peter; Ritter, Tami; Kimmelshue, Tod; Teeter, Doug
Subject:NCS Solar - Agenda item 5.1
Date:Tuesday, October 27, 2026 8:12:32 AM
Attachments:Supervisors Oct 27 2026 re NCS Solar.pdf
Dear Clerk and Supervisors:
Please accept the attached as public comment on today's agenda item 5.1.
Peter G. Washington
Attorney at Law
(530) 206-3185
peter@pgwlaw.net
Peter G. Washington
Attorney at Law
341 Broadway St, Ste 315
Chico, California 95928
(530) 206-3185
peter@pgwlaw.net
October 27, 2026
Butte County Supervisors
25 County Center Drive
Suite 200
Oroville, CA 95962
Re: NCS Solar Project
Dear Supervisors:
I write on behalf of the Foothills Coalition, an unincorporated association of Butte County
citizens concerned about environmentally responsible development in the foothill areas in
Butte County, and in particular the proposed NCS Solar Project adjacent to the Skyway. The
Coalition’s members include residents whose property is situated near the proposed project
site, environmental advocates, farmers, nonprofit leaders and residents of both Chico and
Paradise.
The Coalition recognizes the importance of renewable energy development and appreciates
the Board of Supervisors’ interest in securing meaningful benefits for Butte County
residents. However, we believe consideration of a Community Benefits Agreement (CBA)for
the project is premature before the County and public have had an opportunity to review the
project’s complete application, environmental impacts, proposed mitigation measures, and
alternatives through the established review process.
As you know, project developer Cenergy Power proposes to develop a utility-scale 250
MWac solar power generation facility alongside a 120 MW battery storage project on 1,200
acres of a 1,700 acre set of parcels Cenergy has acquired along the Skyway, east of State
Route 99 and west of the town of Paradise in unincorporated Butte County. Cenergy’s
publicly stated plan is to bypass local permitting authority via the California Energy
Commission’s (CEC) Opt-In Certification Program created under Assembly Bill 205 (2022).
Under the AB 205 Opt-In process, the CEC acts as the lead agency for environmental
review and permitting under the California Environmental Quality Act (CEQA). However,
the County has an important role and responsibility in the process. The regulations
implementing AB 205 require the developer to meet with CEC staff at least 30 days before
submitting its application, and further require CEC staff to invite to that meeting “the local
government(s) that would have had permitting authority” but for the applicant’s election to
utilize the Opt-In process. (20 Cal. Code. Regs. § 1876.5.) The regulations also contemplate
engagement by County staff throughout the Opt-In process, requiring staff to solicit
October 27, 2026
Page 2
comment from local governments with regard to the claimed economic benefits of the
project (20 Cal. Code. Regs. § 1877(f)), and providing for reimbursement of costs incurred
by local governments in responding to additional CEC requests for review (20 Cal. Code.
Regs. § 1878.1). Our understanding is that CEC staff is likely to rely on County staff as an
important resource in understanding the likely environmental and economic impacts of the
proposed project.
Today’s meeting agenda states:
On August 26, 2026, staff met with Cenergy Power on their
proposed project. The CEC permitting process requires the
developer to negotiate and submit a proposed community
benefits agreement with a permit application. The community
benefit agreement(s) can be with one or more local agencies or
nonprofit organizations. Cenergy Power is seeking feedback
from the Board of Supervisors on their proposed community
benefits agreement with the County before submitting their
permit application to the State.
It is important to clarify that the permitting process does not require any commitment from
the County, nor even submission of a draft CBA, at this stage. All that the regulations
require Cenergy to submit with its initial application in this regard is “preliminary
information demonstrating overall net positive economic benefit to [the County]” (20 Cal.
Code. Regs. § 1877(f)) and a “plan or strategy, including a timeline for execution, to obtain
[CBAs]” (20 Cal. Code. Regs. § 1877(g)). The regulations then direct CEC staff to engage
with the County for review and comment.
We urge you to ensure that the appropriate County staff participate meaningfully and
transparently in the process and facilitate the ability of your constituents to access
information and have the opportunity to be heard. At this stage, we respectfully ask the
Board to defer any endorsement or commitment concerning the proposed CBA and instead
direct County staff to engage directly with the CEC to determine how Butte County can fully
participate in the review. This is an extraordinary landscape, with extensive native blue oak
woodland, wildlife habitat, grazing land, and important watershed resources. The community
deserves a transparent process, informed by science and meaningful public participation,
before decisions are made that could do irreparable and unavoidable damage to this fragile
landscape.
Very truly yours,
Peter Washington