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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