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General Renewable Energy Storage Siting Questions

General Renewable Energy Storage Siting Questions

  • Public Act 233 of 2023 (PA 233, or Act 233) creates an option for developers (applicants) to ask the MPSC to grant a siting certificate for a qualifying wind, solar, or energy storage facility under specified conditions.

  • A PA 233 case is initiated when an application is filed by a project developer (applicant) for a certificate from the MPSC for an eligible wind, solar, or energy storage facility. PA 233 cases are considered through the contested case process.

  • The MPSC Staff and the applicant will participate in the case. Affected local units of government (ALUs), participating property owners, and non-participating property owners (as defined by the statute) may participate (“intervene”) in the case “by right.” This means that they must be allowed to participate in the case as long as they meet the deadline to do so. Other interested parties may request to participate in the case if the Administrative Law Judge (ALJ) finds they meet the permissive intervention criteria.

  • In order to be granted permissive intervention, a potential intervenor must demonstrate that they would likely suffer a harm and that their affected interest is within the “zone of interests” designed to be regulated or protected by the statutes involved in the case. The ALJ will review the petition for intervention to determine whether the potential intervenor meets the required criteria.

  • The siting process created in PA 233 applies to:

    1. Solar facilities with a nameplate capacity of 50 MW or more,
    2. Wind facilities with a nameplate capacity of 100 MW or more, and
    3. Energy storage facilities with a nameplate capacity of 50 MW or more with a discharge capability of 200 MWh or more.

     

  • There are several opportunities for the public to participate in cases before the MPSC. The Commission’s “Get Involved” webpage describes these further.

  • Before submission to the MPSC, developers must communicate with each Affected Local Unit of government (ALU) for their project to determine whether any has a Compatible Renewable Energy Ordinance (CREO). Following that communication, an application could be filed under PA 233 under any of the following circumstances:

    1. An ALU requests the Commission to require an electric provider or independent power producer file with the Commission
    2. An ALU has not provided timely notification that it has a CREO
    3. An ALU states that it has a CREO, but fails to approve or deny a project in a timely manner
    4. An ALU denies an application that complies with the requirements of Section 226(8) of PA 233
    5. An ALU amends its zoning ordinance after stating that it has a CREO, and the amendment imposes additional requirements on the development of energy facilities that are more restrictive than those in Section 226(8) of PA 233.

  • A CREO is an ordinance that provides for the development of energy facilities within the local unit of government, the requirements of which are no more restrictive than the provisions included in section PA 233 226(8). A local unit of government is considered not to have a compatible renewable energy ordinance if it has a moratorium on the development of energy facilities in effect within its jurisdiction.

  • The Application Filing Requirements and Procedures (AFIP) contain filing instructions and requirements for PA 233 cases.

  • Please refer to this flowchart for a visual overview of the MPSC PA 233 siting process.

  • The Commission must make a final decision to grant or deny a PA 233 certificate by one year from the time of submission of a complete application.

  • Documents for all cases before the Commission can be found on the Commission’s E-Dockets webpage. Here, you can search for a case by its case number, party name, or case caption. Once you’ve found the case you are interested in, you can use the “Notify Me of New Approved Filings” button to be notified by email of new accepted uploads to the docketed case.

  • Help with using the E-Dockets database is available on the E-Dockets Help page.

  • General questions on PA 233 cases should be emailed to LARA-MPSC-Siting@michigan.gov. Alternatively, call the Commission’s general line, available on our Contact Us page, and request contact information for the Case Coordinator. Please have the docket number or project name available for the phone operator.