Commission approves limited waiver allowing access-road work for Turning Point Energy project
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Summary
The commission granted TPE MD PR 53 LLC a limited waiver of pre-construction CPCN conditions to permit installation of access roads before Dec. 31, 2025 so the project can meet federal investment tax-credit and foreign-entity regulations; staff and the Power Plant Research Program supported the request and the county permitting was confirmed.
The Public Service Commission on Oct. 29 approved a limited waiver to allow TPE MD PR 53 LLC to install access roads on its proposed solar project site before Dec. 31, 2025, without triggering a need to reopen all pre-construction conditions in the project27s certificate of public convenience and necessity (CPCN).
Staff said the company requested the waiver because the access-road work is needed now to qualify for the federal investment tax credit and to avoid potential complications tied to proposed foreign-entity-of-concern regulations. The Power Plant Research Program (PPRP) filed a supportive letter and staff confirmed the county had no objections; the project also has an active MDE mining permit covering the work.
"Staff recommends that the commission approve a waiver of all pre construction conditions in the CPCN that was granted to the company to allow for the installation of access roads to the project site prior to 12/31/2025," a staff presenter said. Turning Point Energy counsel said the company appreciated the commission27s prompt consideration. Commissioners voted unanimously to grant the waiver.
Staff and PPRP said they viewed the request as narrow and limited to access-road installation; staff described the filing as a cautious approach intended to avoid broader precedent about what constitutes "construction" for CPCN purposes.
