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Gage County approves MOU with Norris Public Power District for two proposed solar sites
Summary
The board approved a memorandum of understanding with Norris Public Power District and Today's Power Inc. to set escrow amounts and permitting expectations for two proposed commercial solar sites in Gage County; Norris agreed to a $30,000 decommissioning escrow and to backstop additional costs identified by a third-party engineer at year 20 of a 25-year term.
The Gage County Board of Supervisors voted to approve a memorandum of understanding (MOU) with Norris Public Power District and Today's Power Inc. that establishes certain escrow amounts and procedures applicants will follow when seeking special-use permits for commercial solar energy conversion systems.
Braden Dvorak, legal counsel for the Planning and Zoning Commission, told the board the county’s solar regulations adopted 05/31/2023 left some dollar amounts unspecified. The proposed MOU sets specific escrow figures and procedures so applicants understand costs before applying.
Bruce Vittash, general manager and CEO of Norris Public Power District, said Norris is leasing sites from private landowners and will require Today's Power Inc. to set aside a $30,000 escrow for decommissioning up front. A third-party engineer will calculate decommissioning costs in year 20 of a 25-year lease; if the escrow is insufficient, Norris has agreed to contribute additional funds as a backstop to protect landowners. Vittash said the program includes multiple sites across the Norris district and that the six-site portfolio equates to a little less than 2% of Norris’s peak load; typical arrays sit on six to eight acres with leases up to ten acres.
Supervisor concerns focused on who would determine additional funding if costs exceed the escrow and whether setting fixed amounts would establish precedents for future projects. Dvorak and Vittash said the MOU preserves the county’s regulatory process and uses a third-party engineer to estimate decommissioning to avoid underestimating costs.
The board moved and approved the MOU; the Planning and Zoning Commission will process the related special-use permit applications through its normal review. No construction will begin until required permits and leases are finalized.
