On February 27, 2019, Invenergy Solar Project Development LLC submitted a revised Public Involvement Plan (“PIP”) for the proposed 3,800 acre Horseshoe Solar energy facility. Horseshoe Solar is proposed for the towns of Caledonia and Rush, primarily in Livingston County, New York.

Although the Horseshoe Solar project was publicly proposed on October 5, 2018, as of March 19, 2019 only one public comment on the project has been filed. This raises a concern that many people in the project area may not be aware of the proposal. More vocal public opposition or support might be expected when a 3,800 acre facility of any kind is proposed for a rural community.

Our experience in other Article 10 proceedings around New York indicates that virtually all PIP’s fail to provide the public with adequate notice of a project, particularly during the pre-application phase. PIP’s also often fail to educate the public about opportunities to participate in the Article 10 siting process. Such opportunities include the ability to request intervenor funding, attend stipulation negotiations, or provide comment and testimony during the adjudication phase. The lack of an effective PIP enforcement mechanism is a structural deficiency in the Article 10 and can lead to a lack of early and meaningful public participation in the process.

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