Kentucky Public Service Commission

Final Order Entered: 1. Lynn Bark Energy’s application for a Construction Certificate to construct an approximately 200 MW merchant solar electric generating facility in Martin County, Kentucky, is conditionally granted subject to full compliance with the mitigation measures and conditions prescribed in Appendix A. 2. Lynn Bark Energy’s motion for deviation from the setback requirements in KRS 278.704(2) is granted. Lynn Bark Energy shall comply with the setbacks prescribed in the mitigation measures. 3. Lynn Bark Energy shall fully comply with the mitigation measures and conditions prescribed in Appendix A to this Order. 4. In the event mitigation measures within the body of this Order conflict with those prescribed in Appendix A to this Order, the measures in Appendix A shall control. 5. This case is closed and removed from the Commission's docket.

Applicant Lynn Bark Energy Center, LLCs Responses to Post-Hearing Data Requests

Sommer L. Sheely Lynn Bark Energy Center, LLC

20241028_Notice of Filing Hearing Documents - October 16, 2024.pdf

Data Request

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before October 18, 2024. 2. Responses to post-hearing requests for information shall be filed on or before October 28, 2024. 3. Counsel for Lynn Bark Energy shall file a memorandum brief in support of Lynn Bark Energy’s post-hearing position on or before October 23, 2024. 4. This case shall stand submitted for a decision by the Siting Board effective 12:01 a.m. Eastern Daylight Time, October 29, 2024.

Order Entered: Lynn Bark Energy’s motion to allow witnesses to participate virtually in the October 16, 2024 hearing is granted. 2. Siting Board Staff shall contact participants with instructions on participating remotely. 3. The remaining witnesses who sponsored testimony or exhibits must be present in person at the hearing. 4. On Monday October 14, 2024, at 9 a.m. Easter Daylight Time counsel and witnesses for Lynn Bark Energy shall be available and participate in a technology test with Siting Board Staff to ensure that all required technology is working properly. Any witness that fails to participate in or is unable to successfully participate in the test shall appear at the hearing in person.

Lynn Bark Energy Center, LLC Hearing Witness List and Motion for Virtual Attendance

Sommer L. Sheely Lynn Bark Energy Center, LLC

Lynn Bark Energy Center, LLC Response to Consultants Report

Sommer L. Sheely Lynn Bark Energy Center, LLC

Proof of Publication

Sommer L Sheely Lynn Bark Energy Center, LLC

Order Entered: 1. Lynn Bark Energy’s motion for confidential treatment for material terms of leases provided in Siting Board Staff’s First Request, Item 1 is granted. 2. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection indefinitely or until further order of this Siting Board. 3. Use of the designated material granted confidential treatment by this Order in any Siting Board proceeding shall comply with 807 KAR 5:110, Section 5. 4. If the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment, Lynn Bark Energy shall inform the Commission and file with the Commission an unredacted copy of the designated material.

Review of Site Assessment Report

Douglas Jeavons BBC Research Consulting

Response to Staffs Second Request for Information

Sommer L. Sheely Lynn Bark Energy Center, LLC

Data Request

Response to Siting Board Staffs First Request for Information

Sommer L. Sheely Lynn Bark Energy Center, LLC

Data Request

20240712_Letter Filing Executive Order 2024-481 into the Record.pdf

Order Entered: 1. The statutory deadline for the processing of this matter is 180 days from the application filing date. 2. The procedural schedule set forth in the Appendix to this Order shall be followed for this proceeding. 3. Lynn Bark Energy shall respond to all requests for information propounded by Siting Board Staff, whether identified on the procedural schedule or otherwise, as provided in those requests. 4. Pursuant to 807 KAR 5:110, Section 3(4), any party filing a paper with the Siting Board shall file an electronic copy in accordance with the electronic filing procedures set forth in 807 KAR 5:001, Section 8. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked. The Siting Board directs the parties to the Commission’s July 22, 2021 Order in Case No. 2020-00085¹ regarding filings with the Siting Board.

Motion for Deviation

Sommer L. Sheely Lynn Bark Energy Center, LLC

20240610_No Deficiency Letter.pdf

Application for a Certificate of Construction for an up to 200 Megawatt Merchant Electric Solar Generating Facility

Sommer L. Sheely Lynn Bark Energy Center, LLC

20240514_Acknowledgement Letter of Application Fees.pdf

20240501_Letter Requesting Ad Hoc Appointment to Siting Board.pdf

20240422_PSC No Deficiency Letter- Notice of Intent.pdf

Notice of Intent

Lynn Bark Energy Center, LLC

Notice of Election of Use of Electronic Filing Procedures form

Sommer L. Sheely Lynn Bark Energy Center, LLP

20240412_PSC Acknowledgment Letter.pdf

Lynn Bark Solar, LLC Notice of Intent to File an Application for a Siting Board Construction Certificate Using Electronic Filing Procedures