Getting your Trinity Audio player ready...

Residents made it clear how they felt. One person after another came before supervisors during the group’s Thursday, May 8 meeting, to encourage them to move forward, both with approving the revised Lunenburg solar ordinance and with allowing solar applications again. 

Lydia Wrenn pointed out that nothing her family grows on their farm will match the opportunity they have now. 

“We have sold cattle, grown soybeans and tobacco, but nothing we grow or raise on our farm will ever match this opportunity we have with Dominion,” Wrenn said. “We’re going to lose a multi-million dollar deal because of one word. Indemnification.” 

Wrenn and the majority of those who spoke at Thursday’s public hearing were focused on one specific solar project, the long-delayed Laurel Branch Solar. They took the opportunity to ask county officials why it’s still being held up. For those who need a refresher, this project is an 80-megawatt one located southwest of Kenbridge, primarily between Plank Road and Sneads Store Road and along Oral Oaks Road. The site is currently used for timbering and agriculture. The project would power up to 20,000 homes at peak output and could begin construction as early as spring 2026 if permitted. This project also includes a “switchyard,” which would serve to transfer generated power to the grid. Construction is set to finish and the project is expected to go active by early 2028.

So why isn’t the project permitted yet? Why has something that started in March 2022 still not been completed? It’s because of the indemnity clause Dominion wants. 

What is indemnity? 

In contract law, indemnity is a contractual obligation to compensate a loss incurred by another party. That can be over something that has already taken place or setting up protection in case of something that might happen in the future. Basically Dominion wants to shift certain legal and financial risks of loss or damage over Laurel Branch Solar from the energy provider to Lunenburg. These kinds of “hold harmless” provisions can vary in broadness and are common in business contracts, but they can also be a sticking point for the stakeholders involved, resulting in additional discussions and negotiations. 

And that’s where we stand right now with Laurel Branch. More than 10 months into these discussions, there’s no clear path forward. That’s something other residents raised concerns about. As he has in previous meetings, James Long questioned why landowners couldn’t meet with county officials and power companies to come up with solutions that work for everyone. Some residents also questioned why the proposed changes to the solar ordinance were necessary. 

What changes are on the table? 

Some of the proposed changes to the Lunenburg solar ordinance include making a barrier of sorts, where a solar project would have to be two miles away from town limits and three miles from any other solar project. That kind of limit just seems to be arbitrary, some residents said, asking why solar projects need to be spaced out three miles apart. Another proposed change would be that “prime farmland” and “prime forestland” would not be used for solar. Some residents questioned why county officials felt the need to restrict what a person can do with his or her property like that. If you can make more money with the property as a solar facility, who’s to say that’s a bad thing? Isn’t that the best use of the land then? 

The changes would also require a solar developer to notify the county before selling their project to another group. Also, before that sale could go through, the board of supervisors would have to approve it. Also, setbacks would be increased with the changes, to protect roadways and make sure the solar project couldn’t be seen. 

What happens now with Lunenburg solar? 

The county attorney suggested that supervisors not take a vote on the proposal Thursday night. Instead, discussions will continue at the next board of supervisors meeting in June.