PETITION NO. 1312 - Candlewood Solar LLC petition for a declaratory ruling that no Certificate of Environmental Compatibility and Public Need is required for the proposed construction, maintenance and operation of a 20 megawatt AC (26.5 megawatt DC) solar photovoltaic electric generating facility located on a 163 acre parcel at 197 Candlewood Mountain Road and associated electrical interconnection to Eversource Energy’s Rocky River Substation on Kent Road in New Milford, Connecticut.
PETITION, received 06/28/17
Environmental Assessment:
- Executive Summary
- Figures
- Attachment A: Wetlands and Watercourses Delineation Report
- Attachment B: NDDB Correspondence
- Attachment C: PILOT Agreement
Attachment D: Stormwater Management Report
Appendix A - Calculations
- Appendix A1 - Calculations and Modeling Summary
- Appendix A2 - Watershed Maps - Existing and Proposed Conditions
- Appendix A3 - Existing and Proposed Modeling Reports
Appendix B - Erosion and Sediment Control Plan
- Summary
- Figure
- Support Documents
- Erosion and Sediment Control Drawings
- Appendix C - Project Drawings
Appendix D - Supporting Documents and Studies
- Rainfall Distributions
- NRCS Soil Resource Report
- Attachment E: SHPO Correspondence
- Attachment F: Greenhouse Gas Equivalencies Calculations
- Attachment G: FAA Submittal Documentation
PROCEDURAL CORRESPONDENCE
- Council Letter to the Town of New Milford, 6/30/2017
- Council Letter to the Town of Brookfield, 6/30/2017
- Council Letter to the Town of New Fairfield, 6/30/2017
- Completeness Review, 07/20/17
- Council Interrogatories to Petitioner, 8/7/2017
- Council Memorandum Requesting for Comments on DEEP's Notice of Intent, 08/09/17
- Petitioner's Response to Council's Request for Comments, 8/24/2017
- DEEP's Responses to Council's Request for Comments, 8/24/2017
- Department of Agriculture's Responses to Council's Request for Comments, 8/23/2017
- Department of Agriculture's Responses to CSC Request for Comments Tab A, 8/29/2017
- Council Memorandum Request for Comments on DEEP's Motion to Deny, 08/30/17
- Council Memorandum Regarding DoAG and DEEP Motions from August 31, 2017 energy/telecommunications Meeting, 09/05/17
- Council Memorandum on Continuation of Evidentiary Hearing, 09/27/17
- Council Memorandum Regarding Rulings on Motions from 09/28/17 energy/telecommunications meeting, 09/29/17
- Council Interrogatories to Department of Agriculture, Set One, 09/29/17
- Council Interrogatories to the Department of Energy and Environmental Protection, 10/04/17
- Council Interrogatories to Candlewood Solar LLC, Set Two, 10/05/17
- Council Interrogatories to Candlewood Solar LLC, Set Three, 10/10/17
- Council Interrogatories to Rescue Candlewood Mountain, Set One, 10/10/17
- Council Memorandum Regarding Ruling on Motion from 10/26/17 energy/telecommunications meeting, 10/27/17
- Council Memorandum Regarding Dr. Klemens Recusal, 10/30/17
- Council Memorandum Regarding Continuation of Evidentiary Hearing, 11/01/17
STATE AGENCY COMMENTS
- Connecticut State Agencies Comment Memo, 6/30/2017
- The Department of Transportation Comments Received, 08/28/17
- The Council on Environmental Quality Comments Received, 08/30/17
- Department of Energy and Environmental Protection's Interrogatory Responses to the Town of New Milford, 09/19/17
- Comments from the Department of Energy and Environmental Protection, 09/21/17
MUNICIPAL COMMENTS
PUBLIC OFFICIAL COMMENTS
- United States Senator Richard Blumenthal and Congresswoman Elizabeth H. Esty Comment, 09/22/17
- State Representative Richard A. Smith, 108th Assembly District, Comments, 09/21/17
HEARING INFORMATION
- Council Approval of the Town of New Milford's Request for Party Status, 7/21/2017
- Hearing Notice Package, 7/24/2017
- Council Acknowledgement of Department of Agriculture's Request for Party Status, 8/3/2017
- Pre-Hearing Conference Memo, 08/23/17
- Proposed Hearing Procedure, 08/31/17
- Council Acknowledgement of Rescue Candlewood Mountain Request for Status, 09/06/17
- Council Approval of Rescue Candlewood Mountain Status Request, 09/15/17
- Field Review Notice, 09/19/17
- Council Response to Town of New Milford's Request, 10/26/17
- Council Response to RCM's Appearance Information, 10/27/17
Schedule
Service List
- Service List, 7/12/17
- Service List, 07/20/17
- Service List, 08/01/17
- Service List, 08/31/17
- Service List, 09/06/17
- Service List, 09/14/17
- Service List, 09/19/17
- Service List, 10/20/17
- Service List, 10/26/17
- Service List, 12/11/17
- Service List, 12/12/17
- Service List, 03/05/18
- Service List, 03/01/19
- Service List, 05/06/19
- Service List, 05/18/20
Hearing Programs
Transcripts
- Evidentiary Hearing Transcript, 09/26/17
- Public Comment Session Transcript, 09/26/17
- Council Transcript Receipt Memorandum, 10/17/17
- Evidentiary Hearing Transcript, 10/31/17
- Council Transcript Receipt Memorandum, 11/17/17
- Evidentiary Hearing Transcript, 11/14/17
- Council Transcript Receipt Memorandum, 11/22/17
PARTIES AND INTERVENORS
PETITIONER - Candlewood Solar LLC
Exhibits
Candlewood Solar LLC's Responses to CSC Interrogatories, 08/28/17
Candlewood Solar, LLC's Pre-filed Testimony, 09/19/17
- > Jim Walker, Ameresco, Inc.
- > Joel Lindsay, Ameresco, Inc.
- > Robert Bukowski, Pamela M. Chan, Amec Foster Environment & Infrastructure, Inc. and Brian O. Butler, Oxbow Associates, Inc.
- Candlewood Solar, LLC's Responses to Town Interrogatories, 09/19/17
- Candlewood Solar, LLC's Project Sign Posting Affidavit and Photography, 09/19/17
Candlewood Solar, LLC's Witness Resumes, 09/19/17
- >Jim Walker, Ameresco, Inc.
- >Joel Lindsey, Ameresco, Inc.
- >Amec Foster Wheeler & Infrastructure, Inc. Statement of Qualifications
- >Robert J. Bukowski, Amec Foster Wheeler & Infrastructure, Inc.
- >Pamela Chan , Amec Foster Wheeler & Infrastructure, Inc.
- >Brian Butler, Oxbow Associates, Inc.
- >Oxbow Associates, Inc. Statement of Qualifications
- Candlewood Solar, LLC's Phase IA Cultural Resources Assessment Survey of the Proposed Candlewood Solar Facility in New Milford, Connecticut, September 2017 Survey
- Candlewood Solar, LLC's Federal Aviation Administration Determination of No Hazard to Air Navigation Letters, received 09/19/17
- Candlewood Solar, LLC's Supplemental Sign Posting Affidavit, signed and dated 09/25/17
- Candlewood Solar, LLC's Field Review Map, received 09/25/17
- Candlewood Solar, LLC's Responses to Interrogatories, Set Two, 10/24/17
- >Attachment 1 Oxbow Associates, Inc. Site Visit Summary - Cryptic Vernal Pool Delineation, 09/30/17
- >Attachment 2 Vernal Pool Analysis Map, 10/23/17
- >Attachment 3 Oxbow Associates, Inc. Log of Documentary Ground Photos, 10/04/17
- Candlewood Solar, LLC's Responses to Interrogatories, Set Three, 10/24/17
Candlewood Solar LLC's Supplemental Pre-filed Testimony, 10/24/17
- >Pre-filed Testimony of Joel Lindsay, 10/24/17
- >Pre-filed Testimony of Robert Bukowski, 10/24/17
- >Pre-filed Testimony of Patricia Foster, 10/24/17
- Resume of Patricia Foster
- Conservation Restriction Map, 10/20/17
- Updated Proposed Conditions Map, 10/23/17
- Revised Response to Council Interrogatory #14, 10/24/17
- >Revised Response to Council Interrogatory #14 Phase IB Cultural Resources Reconnaissance Survey of the Proposed Candlewood Solar Facility in New Milford, 10/2017
- Oxbow Associates, Inc. Species Account Responses to NDDB Preliminary Comment Letter, 10/20/17
- Correspondence to DEEP NDDB from Amec Foster Wheeler, 10/27/17
- Correspondence to SHPO from Amec Foster Wheeler, 10/26/17
Correspondence
- Candlewood Solar, LLC's Notice of Change of Law Firm, 09/19/17
- Candlewood Solar, LLC's Pre-hearing Submission, List of Witnesses and Exhibits, 09/19/17
- Candlewood Solar, LLC's Pre-hearing Supplemental Submission and Field Review Map Cover letter, 09/25/17
- Candlewood Solar, LLC's Pre-hearing Submission and Cover Letter, 10/24/17
- Candlewood Solar, LLC's Service List Change Request, 05/15/20
Motions and Objections
- Candlewood Solar, LLC's Response in Opposition to DEEP's Motion to Deny Declaratory Ruling, 09/19/17
- Candlewood Solar, LLC's Memorandum of Law in Support of its Response in Opposition to DEEP's Motion to Deny Declaratory Ruling, 09/19/17
Post Hearing Briefs and Draft Findings of Fact
Candlewood Solar, LLC's Brief, 12/14/17
PARTY - Town of New Milford
Exhibits
- Town of New Milford's Request for Party Status, 7/19/2017
- Town of New Milford Zoning Commission Correspondence, 07/14/17
- Town of New Milford Planning Commission Correspondence, 07/24/17
- Town of New Milford's Zoning Commission Regular Meeting Minutes, 07/25/17
- Town of New Milford's Zoning Commission Correspondence, 09/11/17
- Town of New Milford's Inland Wetlands Commission Correspondence, 09/18/17
- Town of New Milford's Conservation Commission Correspondence, 09/18/17
- Town of New Milford's Farmland and Forest Preservation Committee Correspondence, 09/18/17
Correspondence
- Town of New Milford's Interrogatories to Candlewood, 09/12/17
- Town of New Milford's Interrogatories to DEEP, 09/12/17
- Town of New Milford's Witness List, 09/19/17
- Town of New Milford's Pre-filed Testimony Exhibit List, 09/19/17
- Town of New Milford's Notice in Lieu of Appearance, 10/20/17
- Town of New Milford's Witness Request, 10/26/17
- Town of New Milford's Notice of Appearance, 12/12/17
Motions and Objections
Post Hearing Brief and Draft Findings of Fact
PARTY - Department of Agriculture
Exhibits
- Department of Agriculture's Request for Party Status, 08/01/17
- Department of Agriculture's Responses to Council Interrogatories, Set I, 10/20/17
Correspondence
Motions and Objections
- Department of Agriculture Motion to be Placed on Service List, 08/10/17
- Department of Agriculture's Support of DEEP's Motion to Deny, 09/19/17
PARTY - Department of Energy and Environmental Protection (DEEP) - Party Status Withdrawn
Exhibits
- Department of Energy and Environmental Protection's Request for Party Status, 08/01/17
- Department of Energy and Environmental Protection's Interrogatory Responses to the Town of New Milford, 09/19/17
- Comments from the Department of Energy and Environmental Protection, 09/21/17
Correspondence
- Council Acknowledgment of Department of Energy and Environmental Protection's Request for Party Status, 8/3/2017
- Department of Energy and Environmental Protection's Statement Regarding Informational Barrier, 09/07/17
Motions and Objections
- DEEP's Motion to be Placed on Service List, 08/10/17
- DEEP's Motion to Deny Declaratory Ruling, 08/29/17
- DEEP's Memorandum in Support of Motion to Deny Declaratory Ruling, 08/29/17
- DEEP's Request for Administrative Notice, 09/19/17
- DEEP's Response to Objection to Motion to Deny, 09/22/17
- DEEP's Motion to Withdraw Party Status, 10/24/17
PARTY and CEPA INTERVENOR - Rescue Candlewood Mountain (RCM)
Exhibits
- Rescue Candlewood Mountain Request for Status, 09/06/17
- Comments from Carl M. Dunham, Jr., dated July 19, 2017
- Comments from Lisa Ostrove, dated July 19, 2017
- Comments from Lisa Ostrove, dated July 26, 2017
- Comments from Timothy Abbott, Housatonic Valley Association, dated July 26, 2017 Pre-filed Testimony, received 09/19/17
- a. Starling Childs
- b. Timothy Abbott
- c. Russell Posthauer
- d. Lisa Ostrove
- e. Carl Dunham
- Comments from Ostrove family, 10/08/17
- RCM's Pre-Hearing Disclosure and Supplemental Pre-filed Testimony of Russell Posthauer, 10/24/17
- RCM's Responses to Council Interrogatories, 10/24/17
- Candlewood Mountain Core Forest Habitat Map, submitted 11/14/17
Correspondence
- E-Mail Correspondence Regarding RCM's Participation in September 26, 2017 hearing session, 09/15/17
- RCM's Appearance Information, 10/27/17
- Service List Change of Address Request and Council Response, 03/04/18
- Service List Change, 03/01/19
DRAFT FINDINGS OF FACT
FINAL DECISION
DEVELOPMENT AND MANAGEMENT PLAN (D&M)
- Development & Management Plan, 1/28/19
- Council D&M Plan Interrogatories, Set One, 02/19/19
- Responses to D&M Plan Interrogatories, Set One, 03/05/19
- Council Request for Extension of Time for D&M Plan Decision Deadline, 3/5/19
- Council D&M Plan Interrogatories, Set Two, 3/7/19
- Candlewood Solar LLC's Consent to Extension of Time for D&M Plan Decision Deadline, 3/13/19
- Candlewood Solar LLC's Request for an Extension of Time to Respond to D&M Plan Interrogatories, 03/19/19
- Council Approval for an Extension of Time to Respond to D&M Plan Interrogatories, 03/19/19
- Candlewood Solar LLC's Cover Letter for Responses to D&M Plan Interrogatories, 4/4/19
- Candlewood Solar LLC's Revised Responses to D&M Plan Interrogatories, Set One, 4/4/19
- Candlewood Solar LLC's Responses to D&M Plan Interrogatories, Set Two, 4/4/19
- Council Decision on D&M Plan, 04/26/19
- Revision to D&M Plan Cover Letter, 4/13/20
Attachment 1 Candlewood Solar D&M Plan IFC Project Drawings
Attachment 2 Candlewood Solar Photo Simulations
Attachment 3 Candlewood Solar NDDB Review Request Compiled
Attachment 4 Candlewood Solar SS Revised Review Request
Attachment 5 Candlewood Solar Revised Review Request Final Response
Attachment 6 Candlewood Solar New Interconnection
Attachment 7 Heritage Phase II Report Candlewood Solar
Attachment 8 SHPO Letter New Milford Candlewood Mountain
Attachment 9 Candlewood Solar Staging Area 4 Stone Wall
Attachment 10 New Milford Candlewood Mountain Road - Candlewood Solar Motion for Protective Order, 4/13/20
- Council Decision on Motion for Protective Order, 04/24/20
Signed Protective Order, 04/23/20 - Town of New Milford and Rescue Candlewood Mountain's Request for a Consultant to Observe Construction of the Solar Array, 04/20/20
- Candlewood Solar's Objection to the Town of New Milford and Rescue Candlewood Mountain's Request for a Consultant to Observe Construction of the Solar Array, 04/24/20
- RCM and Town of New Milford Motion for Stay, 04/27/20
- Council Memorandum Requesting Comments on Motion for Stay, 04/28/20
- Council D&M Plan Revision Interrogatories to Candlewood Solar, Set One, 04/30/20
- Candlewood Solar Responses to Council D&M Revision Interrogatories, Set One, 05/13/20
- RCM and Town of New Milford Withdrawal of Motion for Stay, 05/15/20
- Council Acknowledgement of Withdrawal of Motion for Stay, 05/19/20
- RCM and Town of New Milford Comments on Candlewood Solar's April 13, 2020 Revisions to D&M Plan, 05/19/20
- Council Response to RCM and Town of New Milford's Comments and Request, 05/26/20
- Candlewood Solar Withdrawal of Development and Management Plan Revision, 07/31/20
- Council Acknowledgement of Candlewood Solar Withdrawal of Development and Management Plan Revision, 08/03/20
COURT-ORDERED REMAND REGARDING VISIBILITY
Connecticut Superior Court Order Remand Regarding Visibility, 03/05/19
Procedural Correspondence
- Council Memorandum to Parties and Intervenors, 03/07/19
- Council Interrogatories to Candlewood Solar, 04/11/19
- Council Interrogatories to the Town of New Milford, 04/11/19
- Council Interrogatories to Rescue Candlewood Mountain, 04/11/19
- Council Pre-Hearing Memorandum, 04/15/19
- Council Response to Town of New Milford and Rescue Candlewood Mountain's Request for an Extension of Time to Respond to Interrogatories, 04/18/19
- Council Response to Candlewood Solar LLC's Request for an Extension of Time to Respond to Interrogatories, 05/01/19
Hearing Information
- Hearing Package, 04/01/19
- Hearing Program, 05/14/19
- Remand Transcript, 05/14/19
- Remand Transcript Receipt Memorandum, 5/21/19
Schedule
PARTY/INTERVENOR CORRESPONDENCE/EXHIBITS
Candlewood Solar LLC
Exhibits
Correspondence
- Candlewood Solar LLC's Request for an Extension of Time to Respond to Interrogatories, 05/01/19
- Candlewood Solar LLC's Pre-filed Submission - List of Exhibits and Witnesses, 05/07/19
Proposed Draft Findings of Fact
Town of New Milford
Exhibits
- Town of New Milford Responses to Council Interrogatories for Court-Ordered Remand Regarding Visibility and attachments, 05/01/19
- Town of New Milford's Pre-filed Testimony of Vincent C. McDermott and Matthew J. Sanford and attachments, 05/06/19
Correspondence
- Town of New Milford and Rescue Candlewood Mountain's Request for an Extension of Time to Respond to Interrogatories, 04/18/19
- Town of New Milford's Notice of Appearance, 5/3/19
- Town of New Milford's Pre-filed Submission - List of Exhibits and Witnesses, 05/06/19
Proposed Draft Findings of Fact
Rescue Candlewood Mountain (RCM)
Exhibits
- RCM's Responses to Council Interrogatories for Court-Ordered Remand Regarding Visibility and attachments, 05/01/19
- RCM's Pre-filed Testimony of Carl M. Dunham, Jr. and attachments, 05/06/19
Correspondence
- Town of New Milford and Rescue Candlewood Mountain's Request for an Extension of Time to Respond to Interrogatories, 04/18/19
- RCM's Pre-filed Submission - List of Exhibits and Witnesses, 05/06/19