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Sewer Authority closes public hearing on proposed solar deal amid concerns over financier Jua
Summary
The Sewer Authority closed a public hearing on a proposed solar power deal involving Coldwell Energy and financier Jua after directors said contract redlines shifted risk to the agency and flagged that Jua may not appear in Secretary of State records. The board gave staff direction but took no binding action.
The Sewer Authority board on June 22 closed a public hearing on a proposed solar power purchase agreement with Coldwell Energy after an extended discussion about contract terms, missed deadlines and the financier identified as Jua.
Board members said the vendor selection process had named Coldwell Energy as the technically qualified bidder but that contract redlines and late responses from Coldwell and the project financier, Jua, have delayed final agreement language. Staff told the board Coldwell has indicated it still aims to complete construction by Dec. 31, 2027, despite missing an earlier safe-harbor marker linked to July 4, which could have affected tax or incentive timelines.
Directors raised multiple concerns about the most recent draft contract and the allocation of risk. Several directors said provisions proposed by the vendor appeared to shift liabilities to the authority rather than leave construction and long-term performance risks with the vendor, contrary to the RFP language describing a turnkey arrangement. One director described the latest vendor draft as an attempt “to put the responsibility on us.”
Board members also told staff they had been unable to locate Jua in Secretary of State registration records, calling that “a red flag” for doing long-term business with a company that must be identifiable and accountable to a public agency. Staff said they would ask the vendor for documentation such as a certificate of good standing and further clarify the legal relationship between Coldwell Energy and Jua. The transcript included discussion that the two companies might be related but that the corporate relationship had not been documented in the packet.
No binding decision was made. The board moved to close the public hearing and conducted an informal straw poll and discussion about next steps. Several directors said they would be willing to continue reviewing the proposal if it required no financial commitment from the authority and if staff could secure a contract draft favorable to the authority; others urged moving on to seek a more reliable partner. Staff said they will not sign or obligate the authority without an appropriate, board-approved contract.
The board also discussed parallel infrastructure priorities: repairs to the plant’s electrical building and outstanding FEMA design requirements being completed by Stantec, which will inform funding and timing decisions for both immediate repairs and any offsetting energy projects.
What happens next: staff will seek the vendor’s corrected contract redlines and documentation of Jua’s corporate standing. If staff receives a clean, financially viable draft, they proposed returning the matter to the board for a properly agendized action. The public hearing was closed by roll call vote with the board voting in favor to close.
