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County hires specialist counsel to negotiate joint‑development agreement with Xcel on 10‑Mile Creek solar project
Summary
Saint Croix County authorized outside counsel (Atollis Law) to negotiate a joint‑development agreement (JDA) with Xcel Energy for the proposed 10‑Mile Creek solar project and amended the resolution to require a return to the community development committee for final review; the committee also heard extensive public comment both for and against negotiating now and for setting aside intervener funds.
The Community Development Committee voted Oct. 16 to authorize county counsel to engage Atollis Law (Attorneys Rebecca Roker and Andrew Phillips) to negotiate a draft joint‑development agreement (JDA) with Xcel Energy for the proposed 10‑Mile Creek solar project and to return the negotiated draft to the committee for final review before any county board approval.
Staff summarized recent edits to the draft JDA, including moving intervention‑related language into the agreement, specifying stormwater design targets (staff noted Xcel updated stormwater to a 100‑year event in its materials) and clarifying term language to include completion of decommissioning. Staff also provided an outside‑counsel memo with suggested changes addressing indemnification, drainage and road impacts, emergency response, and the overall scope of the designated roads and project acreage.
Public comment was extensive and split. Some residents urged immediate hiring of outside counsel and additional negotiation time to strengthen terms for stormwater, decommissioning and other protections. Jan Saperick said the draft JDA "is not stringent enough and needs to document things above and beyond what the PSC might do." Celeste Cobrell and others urged the county to pass the resolution authorizing Atollis Law to negotiate. Other residents urged caution about spending county funds on intervening before the Public Service Commission process and suggested any intervener budget be approved separately.
Committee members amended the resolution to require the draft JDA be returned to the Community Development Committee for final review and then voted to authorize negotiations and the engagement of Atollis Law. The committee approved the amended resolution unanimously. Staff said the county board will see the final agreement before execution and that the county reserves rights to comment on any regulatory filings and approvals.
