State begins review of 290-acre 36 MW solar power facility proposed for Calverton

Utah-based solar energy producer sPower has filed initial documents with the State Department of Public Service in its bid to construct a 36 MW solar farm on about 290 acres of leased vacant land in Calverton. The facility will produce enough electricity to power 8,500 homes, according to the documents filed with the PSC.

The proposed site is adjacent to another proposed sPower facility — a 20 MW facility on approximately 125 acres in Calverton and in the same vicinity as the existing Sutter and Sterling solar facilities operated by sPower.

Since the size of the proposed solar facility exceeds 25 MW, review and permitting jurisdiction rests exclusively with the state, under legislation that took effect in 2011. The other solar facilities in Riverhead were reviewed and approved by the town. The energy company does not even have to obtain a building permit from the town for this new facility.

Town officials this morning expressed concern over the “loss of local control” over an application like this. Town officials and members of the public have opportunities to comment on the proposal, but the decision to approve a major electric generating facility rests with the N.Y. State board on electric generation siting.

sPower filed a preliminary scoping statement for the project on Sept. 14. (Download document here.) Comments on the preliminary scope are due by the close of business on Oct. 5.

Once a formal application for an operating certificate is filed, there will be a 60-day public comment period.

“I feel we’re under the gun for something that seemed to come out of the blue,” Councilman James Wooten said.

“It’s not all of a sudden,” said town attorney Robert Kozakiewicz, who noted that sPower held a public information session about the proposal in March at the Residence Inn.

The town attorney, along with building and planning administrator Jefferson Murphree and environmental planner Jeffrey Seeman, briefed town board members on the review process and the new proposal.

sPower project manager Derek Kremser and attorney Jim Muscato provided further details and answered questions.

Councilwoman Jodi Giglio asked what improvements would need to be undertaken at the LIPA substation on Edwards Avenue in order for it to handle the additional current.

“My understanding was the transmission station at Edwards Avenue was maxed out,” Giglio said.

In addition to the new sPower facilities, another energy producer is planning a solar array at the former Calverton Links site, officials said.

“What do we get out of being the solar capital of Long Island?” asked Deputy Supervisor Tim Hubbard.

Giglio said she believes the Edwards Avenue transmission facility would have to be upgraded to handle the additional power. “Have we seen any representation on what that’s going to look like?” Giglio asked. She also said she was concerned about the possible health impacts of increasing the capacity of the substation.

“All we have right now is the scope and some very conceptual plans,” Murphree said.

Muscato said any upgrades to the transmission station would be undertaken by LIPA and PSEG.

The company’s ability to connect both the “Riverhead Solar 1” 20 MW facility and the “Riverhead Solar 2” 36 MW facility to LIPA’s Edwards Avenue substation depends on the town granting sPower an easement to allow a generation tie line to cross Edwards Avenue. Both facilities would be located west of Edwards Avenue and the LIPA substation is located on the east side of the road, which is owned by the Town of Riverhead. 

The easement for the “Riverhead Solar 1” tie line is still being negotiated, town officials said today.

The tie line was part of the planning board’s approval of the “Riverhead Solar 1” facility. But whether sPower can use that tie line and easement for the “Riverhead Solar 2” facility is an unanswered question. Both the SEQRA findings statement adopted by the planning board last October and the preliminary site plan approval granted by the planning board in June explicitly limit use of the generation tie line crossing Edwards Avenue to the 20 MW facility only.

The SEQRA findings statement, adopted by the planning board last Oct. 19, states that
“no additional solar, other electric utility, private or public connections to the gen-tie line shall be permitted without additional SEQRA review and further approvals by the Town of Riverhead Planning Board.”

Before the vote at that meeting last October, Seeman told planning board members and the applicant’s attorney, Christopher Kent, that substantive changes could reopen the SEQRA review process.

“SEQRA never really ends,” Seeman said. “A supplemental EIS or findings statement can be required if there are significant changes.”

The day after the Riverhead Planning Board adopted the findings statement — on Oct. 20 — sPower filed a Public Involvement Program Plan with the State Public Service Commission for the 36 MW “Riverhead Solar 2” facility.

“We did the SEQRA review on a limited basis — without knowing about this project,” Supervisor Laura Jens-Smith said.