Somerset Solar Project

The Accelerated Renewable Energy Growth and Community Benefit Act (the “Act”) was passed in April 2020 as part of the final state budget. The Act added a new section 94-c to the Executive Law, titled Major Renewable Energy Development ("Section 94-c”, "94-c", or "the 94-c permitting process"), which established a review process with uniform permit standards for New York State renewable energy projects.

Section 94-c established the Office of Renewable Energy Siting (ORES) within the NYS Department of State to provide a single forum for the environmental review and permitting of proposed major renewable energy facilities. This includes renewable energy systems with a nameplate generating capacity of 25 MW or more, co-located energy storage systems, and electric transmission facilities less than 10 miles in length. The final Section 94-c regulations were issued on March 3, 2021 and can be viewed here.

Prior to submitting a 94-c permit application, Somerset Solar is required to consult with the local agencies and stakeholders of the community in which the project will be located. ORES also requires that state agencies (e.g., NYSDEC) are consulted on wetland and stream delineations, threatened and endangered species, and archeological and cultural resources, if appropriate. Agency consultations should take place at the earliest point possible in the Applicant’s process. Following consultations with impacted agencies, 94-c Applicants must hold at least one meeting for community members. The Somerset Solar Virtual Community Meeting was held on December 15, 2021.

Outside of the 94-c public comment period and requirements, Somerset Solar is committed to ongoing stakeholder and community engagement;

From the date of its receipt of a permit application, ORES has 60 days to either make a completeness determination or share with the Applicant the permit application deficiencies. When the applicant receives a completeness determination, draft permit conditions will be issued by ORES for public comment. Within the comment period, the host municipality must submit a statement indicating whether the proposed renewable energy facility complies with applicable local laws. ORES must issue a final decision on the siting permit within one year of the date on which the application is deemed complete. See below for a full diagram of the 94-c process, from pre-application activities through the start of construction.

• Application will be submitted on April 4th.

• On March 24, 2023, Somerset Solar filed a 3 day notice of intent to file an application

• On January 31, 2023, Somerset Solar filed an updated 60-day notice of intent to file a 94-c application

• On December 15, 2021, Somerset Solar held the 94-c community meeting virtually via Zoom.

Join the Somerset Solar Master Stakeholder List

Joining the Master Stakeholder List maintained by AES enables you to receive mailings of the 94-c required notices. You can join this list by filling out the "Stay Updated" webform at the bottom of this page, by calling 866-757-7697 or by emailing somersetsolar@aes.com.

Subscribe to the service list

If you would like to monitor the proceedings of the Somerset Solar 94-c application, you can do so without the formal commitment of becoming a party in the proceedings. By subscribing to the service list of a case (Somerset Solar: Matter Number 22-00026), you will receive an e-mail with a direct link to the documents issued by the Public Service Commission PSC), such as orders, notices, and rulings. If you are unable or unwilling to receive electronic notification, you will receive hard copies of Commission-issued documents by regular mail. If you are a registered user of the NYS Public Service Commission's Document and Matter Management (DMM) System, you may submit your service list subscription by clicking here and Subscribe to Service List link at the bottom of the page.. Registration saves time and allows you to see and manage all of your service and party list subscriptions.

If you do not wish to register on the PSC's DMM System, you can download the Request for Service List form here. Please follow the instructions on the form.

Request party status

Generally, parties commit to contribute to the development of a complete record in a proceeding by conducting discovery, submitting testimony, briefs, or other formal written comments, and/or participating in evidentiary hearings, procedural conferences and other formal events conducted in the case. (Non-parties participate in PSC proceedings by filing informal comments, such as letters, in contrast to the formal comments filed by parties in response to Commission notices.) For some PSC proceedings, including rate cases, a person need not be a party to petition for rehearing of the Commission's final decision; however, in some other proceedings, only those who were parties in the case may petition for rehearing. The right to challenge a PSC decision in New York State Court may also be limited to those who were parties to the PSC proceeding. Under Commission rules, 16 NYCRR 4.3, you must seek permission to intervene as a party from the Administrative Law Judge (ALJ), if one is assigned to the case, or from the Secretary if there is no ALJ assigned. The standard for allowing intervention is whether your participation is likely to contribute to the development of a complete record or is otherwise fair and in the public interest; whether other parties are unfairly prejudiced is also considered.

If you are a registered user of the NYS Public Service Commission's Document and Matter Management (DMM) System, you may submit your request for party status by clicking here for Party Status link at the bottom of the page. Registration saves time and allows you to see and manage all of your service and party list subscriptions.

If you do not wish to register on the PSC's DMM System, you can download the Request for Party Status form here. Please follow the instructions on the form.

When you submit the request for party status here, you will be provisionally added to the party list, subject to the right of other parties to object and subject to the final determination of the ALJ or Secretary. You will be required to mail your request to anyone on the party list who cannot receive e-mail service.

Intervenor funding is money that Applicants make available to qualified, locally affected parties and municipalities to offset certain expenses they incur in participating in the state permitting process. These funds are meant to encourage early and effective public involvement in project development and permitting.

With the filing of its 94-c application, anticipated in March 2023, Somerset Solar will submit the required local agency account fee of $1,000/MW ($125,000). These funds can be sought by local community intervenors and host towns. 75% of funds are reserved for municipalities.

Any local agency or potential community intervenor seeking funding must submit a request for initial funding within 30 days of the date of application filing.

Requests for local agency account funds can be made via:

The ORES Request for Local Agency Account Funding form available in the Resources section of the ORES website

Or by email to general@ores.ny.gov

Or by mail to

Attention: Request for Local Agency Account Funding Office of Renewable Energy Siting
Empire State Plaza
240 State Street
P-1 South, J Dock
Albany, NY 12242

Further details regarding requests for local agency account funding will be provided on this website after the application is filed, on or about April 1, 2023.

If you have questions regarding the intervenor process, please contact the ORES office.

In addition to being viewable on this project website (see 'Somerset Solar 94-c Application', below) and the Project Document Matter Master on the DPS website, the Somerset Solar permit application available for viewing in print at the following location(s), during regular operating hours:

Barker Public Library: Town of Somerset, New York 8700 Haight Road, PO Box 368 Barker, NY 14012 (716)-795-3575

To learn more about the 94-c permitting process, please visit the Office of Renewable Energy Siting website at https://ores.ny.gov/.

• The final 94-c regulations, effective as of March 3, 2021, are available at Chapter XVIII, Title 19 of NYCRR Part 900 (Subparts 900-1 – 900-15) 

• Resources related to the PSC Document Matter Master system, local agency account funds, and regulatory documents can be viewed on the ORES website at https://ores.ny.gov/resources

• Information on the permit applications currently under review (including that of Riverside Solar) and those which have been deemed complete, can be found at https://ores.ny.gov/permit-applications

To submit any questions or comments regarding the 94-c permitting process, reach out to ORES by phone, email, written letter, or via this contact form on the ORES website (https://ores.ny.gov/)

• (518) 473-4590

• general@ores.ny.gov

• Mailing Information (letters and envelopes):

Office of Renewable Energy Siting (ORES)
c/o: OGS Mailroom
Empire State Plaza
240 State Street
P-1 South, J Dock
Albany, NY 12242

Appendix 1-A_Somerset Solar, LLC Formation Record
Exhibit 1 94c_General Requirements

Appendix 2-A_Solar Panel Specification Sheets
Appendix 2-B_Solar Racking Specification Sheets
Appendix 2-C_Local Engagement and Outreach
Appendix 2-D_Community Engagement Plan_REDACTED
Exhibit 2_Overview and Public Involvement
Figure 2-1_Project Site

Appendix 3-A_ Somerset Comprehensive Plan 2016 Update
Appendix 3-B_Somerset Local Waterfront Revitalization 2005
Appendix 3-C_Magnetometer Survey_Part 1 of 2
Appendix 3-C_Magnetometer Survey_Part 2 of 2
Appendix 3-D_Phase I ESA_Part 1 of 2_REDACTED
Appendix 3-D_Phase I ESA_Part 2 of 2_REDACTED
Appendix 3-D_Phase II ESA_REDACTED
Appendix 3-E_Adjacent Parcels
Appendix 3-F Coastal Assessment and Waterfront Assessment Consistency Tables
Appendix 3-G_Municipal Zoning Districts Tables
Exhibit 3 Location of Facilities
Figure 3-1_Facility Area
Figure 3-2_Project Interconnections
Figure 3-3_Limits of Clearing
Figure 3-4_Area Map
Figure 3-5_Existing Land Use
Figure 3-6_Existing Facilities
Figure 3-7_Properties
Figure 3-8_Zoning Districts
Figure 3-9_Protected Areas
Figure 3-10_Erosion Risk
Figure 3-11_Aerial Detail Study Area

Exhibit 4_Real Property
Figure 4-1_ALTA

Appendix 5-A_Civil Design Drawings_IFP_Part 1 of 3
Appendix 5-B_High Voltage Design Drawings
Appendix 5-B_Medium Voltage Design Drawings IFP_Part 1 of 3
Appendix 5-C_Inverter Specification Sheets
Appendix 5-D_Main Power Transformer Specification Sheet
Exhibit 5_Design Drawings

Appendix 6-A_Site Security Plan
Appendix 6-B_Safety Response Plan
Appendix 6-C_Somerset Station Demolition Plan
Appendix 6-D_Ash Landfill (SWDA II) Grading Plan
Exhibit 6_Public Health, Safety and Security
Figure 6-1_Public Water Supplies
Figure 6-2_Emergency Response Resources
Figure 6-3_Existing Hazards

Appendix 7-A_Pre-Construction Noise Impact Assessment_Part 1 of 6
Appendix 7-A_Pre-Construction Noise Impact Assessment_Part 2 of 6
Appendix 7-A_Pre-Construction Noise Impact Assessment_Part 3 of 6
Appendix 7-A_Pre-Construction Noise Impact Assessment_Part 4 of 6
Appendix 7-A_Pre-Construction Noise Impact Assessment_Part 5 of 6
Appendix 7-A_Pre-Construction Noise Impact Assessment_Part 6 of 6
Exhibit 7_Noise and Vibration
Figure 7-1_Mitigated Full Operational Sound Levels
Figure 7-2_Mitigated Substation Sound Levels

Appendix 8-A Visual Impact Assessment_Part 1 of 6
Appendix 8-A Visual Impact Assessment_Part 2 of 6
Appendix 8-A Visual Impact Assessment_Part 3 of 6
Appendix 8-A Visual Impact Assessment_Part 4 of 6
Appendix 8-A Visual Impact Assessment_Part 5 of 6
Appendix 8-A Visual Impact Assessment_Part 6 of 6
Exhibit 8 Visual Impacts

Appendix 9-A_OPRHP Correspondence_Part 1 of 2
Appendix 9-A_OPRHP Correspondence_Part 2 of 2
Appendix 9-B_Tribal Outreach
Appendix 9-C_Phase IA Archaeological Investigation_REDACTED
Appendix 9-D_Historic Architecture Survey Report_REDACTED
Appendix 9-E_Phase IB Survey Report Addendum_REDACTED
Appendix 9-F_Unanticipated Discovery Notification Contact List
Exhibit 9 Cultural Resources

Appendix 10-A_Somerset Geotechnical Report
Exhibit_10 Geology
Figure 10-1_Slope Map
Figure 10-2_Surficial Geol
Figure 10-3_NRCS Soils Units
Figure 10-4_Bedrock Geolog
Figure 10-5_Seismic Hazard

Appendix 11-A Wildlife Species_March 2023
Exhibit 11_Terrestrial Ecology
Figure 11-1 Change in Plant Communities_Part 1 of 4
Figure 11-1 Change in Plant Communities_Part 2 of 4
Figure 11-1 Change in Plant Communities_Part 3 of 4
Figure 11-1 Change in Plant Communities_Part 4 of 4

Appendix 12-A_Wildlife Site Characterization Report_REDACTED
Appendix 12-B_Spring Breeding Bird Survey Report_REDACTED
Appendix 12-C_Wintering Grassland Raptor Survey_REDACTED
Appendix 12-D_T and E Species Agency Correspondence_REDACTED
Appendix 12-E_Field by Field Additional Information Memo_REDACTED
Appendix 12-F_Preliminary NCBP_REDACTED
Exhibit 12_New York State Threatened and Endangered Species

Appendix 13-A_Well Survey Letters-Receipts
Appendix 13-B_SWPPP_Part 1 of 4
Appendix 13-B_SWPPP_Part 2 of 4
Appendix 13-B_SWPPP_Part 3 of 4
Appendix 13-B_SWPPP_Part 4 of 4
Appendix 13-C_ORES Jurisdictional Letters
Appendix 13-D_Year 2021 Somerset Solid Waste and Groundwater Monitoring
Exhibit 13 Water Resources and Aquatic Eoclogy
Figure 13-1_Wells and Soil Borings
Figure 13-2_Delineated Surface Water
Figure 13-3_Drinking Water Sources

Appendix 14-A_Wetland and Stream Delineation Reports
Appendix 14-B_Functions and Values
Appendix 14-C Wetland Restoration and Mitigation Plan
Exhibit 14_Wetland Ecology
Figure 14-1 Delineated Wetlands
Figure 14-2 Wetland Activity Map

Appendix 15-A Agricultural Plan
Appendix 15-B Drainage Remediation Plan
Appendix 15-C_Communications Log for Drain Tile Due Diligence
Appendix 15-D_Real Property Assessment
Appendix 15 E_Agrivoltaic Solutions Site Design
Exhibit 15 Agricultural Resources
Figure 15-1_Agricultural Districts
Figure 15-2_Ag Value
Figure 15-3_USDA NASS
Figure 15-4_Existing Energy Infrastructure
Figure 15-5_Active Ag Land
Figure 15-6_Landowner Imposed Restrictions
Figure 15-7_Drainage Systems
Figure 15-8_Soils
Figure 15-9_Mineral_Soil_Groups

Appendix 16-A_Transportation Data and Figures
Appendix 16-B_Turning Movement Collection
Appendix 16-C_Accident Summary Data
Appendix 16-D_Turning Movement Diagrams
Appendix16-E_State and County Roadway Permits
Exhibit 16 Effect on Transportation
Figure 16-1_Emergency Responder Routes
Figure 16_2_School Bus_Routes

Exhibit 17_Consistency with Energy Planning Objectives

Exhibit 18 Socioeconomic Effects_REDACTED

Exhibit 19_Environmental Justice
Figure 19-1_Potential Environmental Justice Areas

Exhibit 20_Effects on Communication
Figure 20-1_Underground_Cables

Appendix 21-A_System Reliability Impact Study_REDACTED
Exhibit 21_Electrical System Effects

Appendix 22-A_Electric and Magnetic Fields Study
Exhibit 22_Electric and Magnetic Fields

Appendix 23-A_Decommisissioning and Restoration Plan_REDACTED
Exhibit 23_Site Restoration and Decommissioning Plan

Appendix 24-A_Town of Somerset Local Law
Appendix 24-B_Local Law Consultation Log
Exhibit 24 Local Laws and Ordinances_REDACTED
Figure 24-1_Prime Farmland
Figure 24-2_Prime Farmland_50k

Exhibit 25 Other Permits and Approvals

 We will provide security fencing that will fully encompass the solar fields. Any wires outside of our security fence will be buried. As such, no part of our solar project will be accessible to the public. Within the fence line, all solar equipment will be grounded and touch safe, fully compliant with all applicable codes and accessible only to qualified personnel, with the exception of guided tours. Orientation will be offered to local first responders to educate them about the project, the equipment and access, and response procedures in case of unexpected events. Contact information for our monitoring and response center will be provided and posted on the project fence to ensure the public can easily reach project representatives.

When a solar project reaches the end of its project life, the project is responsible for executing the approved Decommissioning Plan, including abiding by all local and state decommissioning requirements. This includes the removal, recycling, and disposal of all solar arrays, racking, equipment, and other structures associated with the project, as applicable. The land surface within the project area will be sensibly restored to pre-project conditions to allow a return to agricultural use or other uses consistent with the land-use policies at the time.

The project will not require the use of fuel once operational and will not generate emissions. The energy produced by the facility will contribute to reducing air pollution and is anticipated to offset more than 100,000 tons of carbon dioxide emissions every year.

AES has worked in cooperation with the community throughout the development of the proposed Somerset Solar project. Special considerations are made for concerns raised by the community and AES continues to incorporate solutions to respond accordingly. Please see examples listed below.

• Limiting footprint south of Route 18: Even while facing environmental constraints that have limited Somerset Solar’s footprint, AES developers have not expanded the footprint of the Somerset Solar south of Route 18, or at all. Somerset Solar only utilizes parcels owned by the Somerset Operating Company and therefore Somerset Solar has not approached or disturbed any additional landowners.

• Vegetative screening: To help aid in visual concerns raised by nearby landowners, the AES team has added visual screening wherever possible. Additionally, AES is utilizing agricultural fencing instead of traditional chain link fencing on the site for a more visually appealing design.

• Cooperation with local organizations: Conversations between the AES team and community local organizations have established opportunities through our Social Impact programs, contributions and sponsorships available in 2023.

AES’ community engagement philosophy is to create a strong foundation at the local level and build additional layers of support at the regional and state levels. The Somerset Solar team will continue this outreach and is committed to responding respectfully to community feedback and concerns through various channels.

Somerset Solar is a unique renewable energy project as it will be built on a former coal plant site, be self-contained on that site, utilize the existing electrical interconnection, and offer a beneficial re-utilization of a dormant coal plant site. Somerset Solar has the potential to be a national model that can be replicated elsewhere.