Resident says MidAmerican filed with state commission and urges county to defend local solar ordinance

Cindy Van Fossen, a public commenter, told the Page County Board of Supervisors that MidAmerican Energy filed an application with the Iowa Utilities Commission on 05/18/2026 seeking a generating certificate for what the company’s filing describes as a 389‑acre project with “300 plus acres occupied by equipment and structures” to produce a roughly 50‑megawatt solar generating facility. "MidAmerican does not want to comply with the stipulations such as setbacks, noise, and permit fees set forth in the county ordinance and therefore hope to trample on local decision making," she said.

Van Fossen read passages from MidAmerican’s application and said the company asked the commission to issue the generating certificate no later than 09/01/2026 so the project could qualify for production tax credits. She said the filing requests waivers of hearing or procedural requirements and expressed concern that the company is attempting to use the Iowa Utilities Commission process to sidestep Page County’s locally adopted rules. Van Fossen also noted that the county adopted its current solar ordinance on Dec. 12, 2024, after months of research and public input.

Supervisors debated responses. One committee member argued the county should mostly retain the adopted ordinance, declining to make broad changes but agreeing the text could be cleaned for obsolete scoring language. "We need to stick to our principles," that supervisor said, noting parts of the ordinance were drawn from other counties’ templates. Another supervisor suggested the county could leave the ordinance intact and negotiate a separate agreement for this specific project so the ordinance would not be rewritten for a single application.

County Attorney (S8) told the board there are several ways to participate in or comment on an IUC docket and that the county could retain outside counsel if the matter becomes complex; he added his own tenure in the office is limited and outside counsel might be needed to follow a lengthy administrative docket. Several supervisors said they would like the board to be able to have representation at any IUC hearing, and suggested asking the county attorney to circulate the IUC filing timeline so the board can file notice of interest or arrange to speak at the appropriate hearing.

The board took no formal vote on a course of action at the meeting. Members asked staff to circulate the IUC timeline and agreed to revisit the topic at next week’s meeting, including whether to engage outside counsel or to file to appear at the commission’s hearing.

Why it matters: The dispute highlights a broader local‑state tension over when a state regulatory process can preempt or effectively substitute for county land‑use controls. If the IUC accepts waivers that reduce local notice or hearing rights, counties around the state could confront similar cases; supervisors asked staff to coordinate with regional colleagues through ISAC and to consider legal options.