31-03-2025
Big solar array in small CT town illustrates contention over Siting Council
Along remote Pompeo Road deep in the woods of rural Thompson, Sandra and Noah Sarucia started a bed and breakfast a few years ago with the idea of attracting guests drawn to scenic, unspoiled views.
But C-Tec Solar LLC's plan to clear part of a nearby woodland to install a large solar panel array changes all of that, the Sarucias say.
'We have a small BnB business on our property that relies on the scenic road look and feel to attract customers,' Noah Sarucia told The Courant.
The Sarucias were dismayed when the Connecticut Siting Council authorized the project earlier this month, and said all Connecticut residents should know that the council can make such decisions regardless of local opposition or community opinion. They're not saying whether they will challenge the decision in court, but noted that residents in numerous towns have been pursuing appeals in recent years.
'We believe that the Siting Council has unchecked power as seen by so many appeals being submitted across the state by folks just like us who weren't given proper notice nor proper information about how to participate in the objection of such irrevocable decisions,' Noah Sarucia wrote.
They are not alone in their frustration: At least a dozen individuals, companies and towns have sued the Siting Council over the past four years, challenging its approval of battery power storage farms, high-voltage power lines, cell towers and solar arrays.
Just four weeks ago, Granby filed suit against the council for authorizing Key Capture Energy's plan for a 5-megawatt battery energy storage facility not far from the Salmon Brook; the town contends the council didn't give enough weight to evidence of environmental and safety hazards.
So far, court appeals against the Siting Council have a poor record of success. The courts have mostly ruled upheld the council's decisions, noting that state law deliberately designed it to make decisions in the best interest of all Connecticut power customers and utility users — with freedom from obeying preferences of neighbors or the local community.
But state lawmakers have been looking for ways to give citizens and communities more of a voice in the decisions, and are focusing efforts this spring on Senate Bill 78. It would require the Siting Council to include a representative from the community where a proposed facility would be located; the mayor or first selectman would be responsible for appointing that person.
The local representative wouldn't get a vote, but could deliberate with the council's voting members. Currently the council is made up of a representative from the Public Utilities Regulatory Authority, the Department of Energy and Environmental Protection, a designee from the state House speaker and another from the Senate president, and five public members appointed by the governor.
In testimony to the Environment Committee last month, Fairfield resident Mary Hogue urged support for the bill.
'These decisions are long lasting, if not forever changes to the landscape and infrastructure of the area. In Fairfield and Bridgeport we are currently dealing with an issue that should have included the citizens along the route of the EDC monopole project so that we would not be at this impasse,' Hogue said. 'Let's learn from this and include more transparency and citizen participation.'
Rachel Briggs, staff attorney for the Conservation Law Foundation, said her organization supports the bill, but wants other changes, too.
'Many community members do not find out about proposed projects until it is too late for them to fully participate in the process. Improving notice is a key way the council can improve public involvement and the quality of decisions,' she told legislators at a hearing.
The foundation wants the council to notify the public at least 30 days before public hearings, and to use social media, local news media, municipal websites and signs at the proposed project site to do it. In addition, the council should enable residents to sign up for email notices of any proposed project in their town, she said.
Betsy Gara, executive director of the Council of Small Towns, also wants the bill to authorize the Siting Council to consider the number of energy facilities already in a community so that no town gets overburdened.
'Although we recognize the importance of the Siting Council process in advancing the state's energy goals, COST remains concerned that the council is approving several facilities in a handful of towns which is placing a disproportionate burden on these communities,' she wrote.
But in testimony to the Environment Committee, Gov. Ned Lamont said the bill should fail.
'The Siting Council is a critical statewide body that ensures consistent siting practices for statewide infrastructure. Ultimately, the Siting Council regime ensures that all Connecticut residents can benefit from statewide infrastructure,' he said. 'Municipal participation in Siting Council proceedings is already extensive … disturbing the consistency of the Siting Council's approach will inhibit Connecticut's response to climate change.'
