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Maryland finds water quality issues with 2 solar projects

Maryland's environmental regulator has ruled against two proposed Origis Energy USA Inc. solar projects, one of which is to supply Georgetown University.

The Maryland Department of the Environment on Aug. 28 denied a wetlands and waterways application for the 32.5-MW Shugart Valley Place Solar (MD Solar 1) solar project. That same day, the department also determined the 27.5-MW Ripley Solar Facility (MD Solar 2 Project) does not satisfy water quality-related conditions in a certificate of public convenience and necessity issued by the state Public Service Commission. Both solar projects were planned to be built in Charles County, Md.

"While Maryland strongly supports the increased use of clean and renewable energy sources, these two proposed projects would harm the nearby high-quality stream in Charles County and threaten our continued restoration progress in the Chesapeake Bay watershed," Maryland Environment Secretary Ben Grumbles said in a statement. "This is an unacceptable trade-off for the environmental benefits of clean energy."

Origis Energy in 2017 said it would develop the Shugart Valley project for Georgetown University to provide about half of the electric load for Georgetown's campus operations in Washington, D.C.

However, groups like the Chesapeake Bay Foundation objected to the project on the grounds that it called for clear-cutting about 240 acres of forest and that the proposed site is next to an environmentally sensitive stream that drains into the Potomac River and ultimately the Chesapeake Bay.

In denying the application for the project, the department said Origis Energy did not show that a serious effort was made to avoid, minimize and mitigate or otherwise offset effects on water quality.

The company cannot reapply for approval of the project for six months, barring a substantial change in the application, Grumbles said in a letter attached to the decision.

The Chesapeake Bay Foundation welcomed the news. Alison Prost, the group's Maryland executive director, said hopefully the decision sets a precedent ensuring that a choice does not have to be made between renewable energy and clean water.

"Georgetown University's efforts to expand their use of solar energy is admirable, but clean energy should never require clearing high-quality forests," she said in a statement.

In a separate statement, the university said, "Georgetown is deeply committed to environmental sustainability and engaging in research, teaching and campus operations that help us minimize our impact on the environment. We are exploring multiple ways to achieve our ambitious sustainability goals through a multi-pronged strategy that complies with all applicable environmental laws and promotes good stewardship."

Representatives for Origis Energy, a Miami-headquartered developer with projects in the U.S., Europe and South America, did not immediately respond to requests for comment on Aug. 29.

Meanwhile, the department told the developer and the Public Service Commission the Ripley project has not satisfied the conditions relating to the protection of "Tier II" high-quality waters in the certificate of need issued by the commission. Southern Maryland Electric Cooperative, or SMECO, in 2017 agreed to purchase all of the output from the project.

Grumbles told Origis Energy that if construction on the project starts before it has fully complied with the stream protection condition, the department would pursue "independent enforcement action" for any violations.

SMECO spokesman Tom Dennison referred permitting questions to Origis Energy but said state law mandates that the cooperative purchase solar energy generated in Maryland as part of its portfolio.

"Our contract with Origis is tied directly to our compliance with this law, our philosophy to embrace and invest in renewable energy development in Southern Maryland and was consummated as a result of an extensive request for proposal process," Dennison said in an email. "SMECO's solar obligations remain, and, as such, we will comply with them through the purchase of renewable energy credits."

Gov. Larry Hogan recently created a task force to develop recommendations to accelerate clean and renewable energy projects while minimizing and mitigating the impact on agriculturally or ecologically important, sensitive and valuable areas. The group has until Dec. 1 to give its initial findings and until Aug. 14, 2020, to provide final recommendations.