Solar farm opponents cite legal loophole

Opponents of a proposed Dane County solar farm say the Chicago-based developer and local utilities are exploiting a legal loophole and skirting regulatory review, according to a Wisconsin State Journal report. The developer, Invenergy, is asking for approval of a permit to build a 300-megawatt solar plant and a 165-megawatt battery storage system on about 2,400 acres west of Cambridge. Three utilities, including We Energies and Madison Gas and Electric, are seeking to purchase the project for $649 million. Opponents of approving the permit claim the process is not designed or directed at processing a utility-owned power plant. State law requires a permit to build a large power plant and the standards are different depending on who is constructing the plant. Independent producers can build and operate power plants and sell the energy to utilities. The “merchant plant” applications from independent producers aren’t subject to the same cost and needs analysis since they have no risk to ratepayers.