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What has happened to the Laurel Branch solar project? That’s a great question, with an answer that changes, depending on which of the involved parties you ask. As mentioned earlier this month, it’s something Lunenburg residents would like to know as well, based on the comments made at the board of supervisors meetings. Residents want to know if it’s moving forward and who came up with the indemnity clause that seems to be at the heart of the issue. Dominion originally submitted the application in March 2022 and yet three years later, it still hasn’t got a thumbs up or thumbs down from county supervisors. 

But in trying to get confirmation as to the current status of Laurel Branch, we ran into some complications. The two sides are saying something very different. Lunenburg officials say they can’t really comment, as negotiations are still ongoing. Dominion officials say that’s not true. As of now, they say the project won’t be moving forward.

“Our commitment to the Laurel Branch Solar project has remained steadfast, as we believe it plays a vital role in meeting our customers’ energy needs while delivering economic benefits to the local community,” said Tim Eberly. He works as a senior communications specialist for Dominion. “Unfortunately, we are unable to proceed under the conditions currently proposed by Lunenburg County. While it’s disappointing that the project will not move forward under the current conditions, we remain open to future opportunities for collaboration.” 

When asked about the project in general, Supervisor Mike Haskins said he couldn’t discuss it, as negotiations were ongoing. Then he directed The Dispatch to Lunenburg County Attorney Frank Rennie and County Administrator Tracy Gee, saying they would be the best people to talk with. The Dispatch has reached out to both Rennie and Gee, and hasn’t received a response yet. 

Taking a look at Laurel Branch Solar

For those who need a refresher, this would be an 80-megawatt solar project, located southwest of Kenbridge. That is 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 had originally been discussed to start construction around Spring 2026. Now Dominion officials project that even if the conditions raised by Lunenburg County had been resolved, construction wouldn’t have started until 2027, with it going online by 2029. 

So that’s the end of where both sides agree. It’s also the end of comments made by each side. Neither Dominion nor Lunenburg officials will explain what caused the project to go from moving through the process to a sudden stop. But the question residents keep raising in the public comment section of local meetings involves an indemnity clause. 

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.. 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. 

The Dispatch spoke with several staff members in other counties who had put together solar agreements for their respective areas. None of them could recall seeing an indemnity clause like this in a solar agreement. That doesn’t mean it’s good or bad, just not usual. 

Stuck at an impasse

And that’s where we stand right now with Laurel Branch Solar. More than 10 months into these discussions, there’s no clear path forward, just plenty of questions.

Dominion officials said they would be willing to revisit the project if Lunenburg changed their position on the contract requirements. But as is, it won’t move forward.

“We’ve proposed conditions for the project that are necessary for the project to proceed,” Eberly said. “One key issue is minimizing economic risk to our customers, including those in Lunenburg County, while providing protections to the county and its citizens. If the county agrees to the conditions, we’d welcome the opportunity to move forward with the project.”

As we said previously, residents asked several questions over the last two months of meetings. One questioned why the impacted landowners couldn’t just meet with Dominion and Lunenburg officials, to better understand everyone’s concerns and come up with a plan that works for all involved. Others have questioned why an indemnity clause like this is included in a solar agreement in the first place, The only thing that appears certain here is that currently, the county and the company are at an impasse.