1 1 BEFORE THE OHIO POWER SITING BOARD 2 ________________________________ 3 In the Matter of the Application 4 of Chestnut Solar, LLC for a Case No. 5 Certificate of Environmental 22-0988-EL-BGN 6 Compatibility and Public Need 7 (Chestnut Solar, LLC) 8 ________________________________ 9 HEARING 10 DATE: Monday, April 29, 2024 11 TIME: 5:00 p.m. 12 BEFORE: Honorable Jay Agranoff 13 Honorable Isabel M. Marcelletti 14 LOCATION: Tri-Rivers Career Center 15 2222 Marion-Mount Gilead Road 16 Marion, OH 43302 17 REPORTED BY: Michael Rennillo 18 JOB NO.: 6414305 19 20 21 22 23 24 25 2 1 A P P E A R A N C E S 2 ON BEHALF OF CHESTNUT SOLAR, LLC: 3 DEVAN K. FLAHIVE, ESQUIRE 4 Nelson Mullins Riley & Scarborough LLP 5 1100 Superior Avenue, Suite 2000 6 Cleveland, OH 44114 7 devan.flahive@nelsonmullins.com 8 9 ALSO PRESENT: 10 Ben Friedell, Chief Commercial Officer, 11 Chestnut Solar, LLC 12 13 Kenneth Lengieza, Appointed Designee 14 Marion County Commissioners 15 16 David Schrote, Appointed Trustee 17 Board of Trustees of Pleasant Township 18 19 20 21 22 23 24 25 3 1 I N D E X 2 WITNESS: PAGE 3 Nissa Stump 4 Direct Statement 19 5 Cross-Examination by Ms. Flahive 23 6 7 Phyllis Minks 8 Direct Statement 26 9 10 Harold Cooper 11 Direct Statement 31 12 13 Paul Cotton 14 Direct Statement 39 15 16 Jeremy Welch 17 Direct Statement 44 18 Cross-Examination by Ms. Flahive 46 19 20 Kay Lamb 21 Direct Statement 48 22 23 Georgia Cackler 24 Direct Statement 54 25 Cross-Examination by Ms. Flahive 55 4 1 I N D E X (Cont'd) 2 WITNESS: PAGE 3 Valerie Wigton 57 4 Direct Statement 5 Cross-Examination by Ms. Flahive 61 6 7 Anjana Presad 8 Direct Statement 64 9 Cross-Examination by Ms. Flahive 68 10 11 Dr. Shiva Presad 12 Direct Statement 70 13 14 Jenica Runkle 15 Direct Statement 75 16 Cross-Examination by Ms. Flahive 79 17 18 Susan Alig 19 Direct Statement 83 20 21 David Carpenter 22 Direct Statement 89 23 Cross-Examination by Ms. Flahive 93 24 25 5 1 I N D E X (Cont'd) 2 WITNESS: PAGE 3 Emily Barney 4 Direct Statement 96 5 Cross-Examination by Ms. Flahive 99 6 7 Molly Szymkowiak 8 Direct Statement 101 9 10 Josh Obenour 11 Direct Statement 107 12 Cross-Examination by Ms. Flahive 109 13 14 Catherine Eblin 15 Direct Statement 111 16 17 Mark Eblin 18 Direct Statement 117 19 Cross-Examination by Ms. Flahive 121 20 21 Trina Traynor 22 Direct Statement 123 23 24 25 6 1 I N D E X (Cont'd) 2 WITNESS: PAGE 3 Gus Comstock 4 Direct Statement 127 5 Cross-Examination by Ms. Flahive 129 6 7 Nancy McDaniels 8 Direct Statement 132 9 10 Evie Collins 11 Direct Statement 137 12 Cross-Examination by Ms. Flahive 141 13 14 Vicki Kerman 15 Direct Statement 145 16 Cross-Examination by Ms. Flahive 150 17 18 Doug Ford 19 Direct Statement 152 20 Cross-Examination by Ms. Flahive 156 21 22 George Stump 23 Direct Statement 166 24 25 7 1 I N D E X (Cont'd) 2 WITNESS: PAGE 3 Betty Jo Lill 4 Direct Statement 171 5 6 Melodie Little 175 7 Direct Statement 8 9 Judy Lehner 10 Direct Statement 180 11 12 Noel Jerome 13 Direct Statement 184 14 15 Joseph Barney 16 Direct Statement 188 17 18 Clint Canterbury 19 Direct Statement 192 20 21 22 23 24 25 8 1 E X H I B I T S 2 NO. DESCRIPTION IDENTIFIED ADMITTED 3 WITNESS STATEMENTS 4 1. Nissa Stump 24 24 5 2. Phyllis Minks 30 30 6 3. Harold Cooper 37 37 7 4. Paul Cotton 43 43 8 6. Kay Lamb 52 52 9 7. Georgia Cackler 56 56 10 7A-7D Photos 56 56 11 8. Valerie Wigton 62 62 12 9. Anjana Prasad 68 68 13 10. Dr. Shiva Presad 73 73 14 11. Jenica Runkle 81 81 15 12. Susan Alig 87 87 16 15. Molly Szymkowiak 105 105 17 16. Josh Obenour 109 109 18 17. Catherine Eblin 115 115 19 18. Mark Eblin 122 122 20 21. Nancy McDaniels 136 136 21 22. Evie Collins 143 143 22 23. Vicki Kerman 151 151 23 26. Betty Jo Lill 174 174 24 27. Melodie Little 179 179 25 28. Judy Lehner 182 182 9 1 E X H I B I T S (Cont'd.) 2 NO. DESCRIPTION IDENTIFIED ADMITTED 3 WITNESS STATEMENTS 4 29. Noel Jerome 187 187 5 30. Joseph Barney 191 191 6 UM Gus Comstock 130 130 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 1 P R O C E E D I N G S 2 JUDGE MARCELLETTI: Good evening, 3 everyone. The Ohio Power Siting Board calls tonight 4 Case Number 22-988-EL-BGN, which is captioned "In the 5 Matter of the Application of Chestnut Solar, LLC, for 6 a Certificate of Environmental Compatibility and 7 Public Need to Construct and Operate the Chestnut 8 Solar Project.". 9 Again, my name is Izzy Marcelletti and 10 with me is Judge Jay Agranoff. Together we are the 11 board's administrative law judges assigned to hear 12 this case tonight. And I will note on the record I do 13 have a lengthy opening spiel, so please be patient. 14 The passage of Senate Bill 52 provides 15 new opportunities for county commissioners and 16 township trustees to participate in the siting of 17 solar projects in their communities. 18 County commissioners may choose one 19 commissioner or a designee to serve as an ad hoc board 20 member for the purpose of considering this case. 21 Likewise, township trustees may choose one trustee or 22 a designee to serve as their ad hoc board member 23 representative. 24 The Marion County Commissioners' 25 appointed designee Mr. Kenneth Lengieza -- Lengieza, 11 1 thank you -- and the Board of Trustees of Pleasant 2 Township appointed trustee David Schrote both are here 3 with us this evening. 4 Gentlemen, if you want to wave to the 5 crowd. Thank you. 6 They will be serving as the ad hoc 7 members for this project. There are also staff 8 members from the board assisting us with the hearing 9 tonight. 10 Staff, please raise your hand for the 11 crowd. Thank you. 12 You likely passed them on your way in 13 this evening, but they are the individuals by the OPSB 14 table. They are available if you have any questions 15 concerning the board's process, if you need assistance 16 in accessing any of the documents submitted in this 17 case, or if you have general questions about the 18 hearing tonight. 19 Please reach out to the staff in the 20 corner if you would like to be added to the list of 21 witnesses for tonight's hearing. Additionally, staff 22 has forms in opposition as well as in support that you 23 may sign in lieu of testifying tonight if you wish to 24 do so. 25 Lastly, if there are any members of the 12 1 media, I would direct you to talk with staff. You can 2 get more information of how to stay connected with the 3 case documents and so forth. 4 And at this time, I would like to take 5 appearances on behalf of the parties beginning with 6 Applicant Chestnut Solar. 7 MS. FLAHIVE: Good evening. This is 8 Devan Flahive from the law firm Nelson Mullins, and 9 with me is the applicant's representative Ben 10 Friedell. 11 JUDGE MARCELLETTI: Thank you. 12 And I will note, as I mentioned before 13 I started this introduction, there are interveners in 14 this case who have filed timely motions to intervene. 15 However, it seems like a counsel for them are not here 16 tonight. 17 We have the Ohio Farm Bureau 18 Federation, the Marion County Commissioners, and the 19 Concerned Citizens Group as well as Mr. Eric Queen, 20 Ms. Melodie Little and Noel Jerome and Joe Barney and 21 Clint Canterbury and Betty Jo Lill, Judy Lehner, 22 George William Stump and Jeff Shettel [ph] as our 23 interveners. 24 Again, the subject of tonight's hearing 25 is the application filed by Chestnut Solar for the 13 1 purpose of constructing a solar-powered electric 2 generation facility of up to 68 megawatts in Pleasant 3 Township in Marion County, Ohio. 4 The application was filed of March 2nd 5 of 2023. The board staff filed their report of 6 investigation on April 12, 2024. This report is a 7 recommendation of the board staff and does not 8 necessarily reflect what the board's final 9 determination in this case will be. 10 The purpose of this evening's public 11 hearing is to receive testimony regarding the 12 application from persons in the local community who 13 are affected by the proposed project. The public 14 hearing will not be a question-and-answer session but 15 rather an opportunity for you to let the board know 16 what you think about the proposed project. 17 This public hearing is only one aspect 18 of the process in this case. An adjudicatory hearing 19 is currently scheduled to commence on May 20th of 2024 20 at the board's offices in Columbus. 21 On April 26, 2024, the applicant filed 22 a motion to continue the hearing date to be 23 rescheduled. However, we will not be addressing that 24 at the hearing tonight. The purpose of the hearing is 25 for the parties and the board staff to provide 14 1 testimony and other evidence regarding the project in 2 Columbus, Ohio. 3 For those of you here tonight who are 4 parties to the case, the adjudicatory hearing will be 5 your opportunity to be heard. However, with that 6 being said, if you are a party to the case and would 7 like to testify tonight, you may do so. 8 If you are a party to the case, we ask 9 that you keep your comments brief given that you have 10 an opportunity to testify during the adjudicatory 11 hearing. Additionally, if you are a party to the case 12 and are represented by an attorney, you may wish to 13 consult with your attorney before making any comments 14 here tonight. 15 As you can see, tonight's hearing is 16 being transcribed by our court reporter. If you plan 17 to testify, please speak clearly so he may accurately 18 reflect your comments on the record. Also, if you 19 have prepared a written statement, it would be helpful 20 to provide him a copy so he can accurately transcribe 21 your statement. 22 I do know we do have a pile of written 23 statements folks have already provided us. And if 24 possible, please notate your name on those written 25 exhibits so we can keep track of everything when they 15 1 are filed with tonight's transcript. 2 After I finish with my introduction, we 3 will begin by inviting individuals on the sign-in 4 sheet to speak about the proposed project. Each 5 person who signed up to testify will be permitted to 6 speak once about the proposed project tonight. 7 Before your testimony, we will ask you 8 to take an oath or affirmation that you are about to 9 say is the truth. We will also ask for your name and 10 address for the record and to indicate whether you 11 live or work within the project area. You will then 12 be able to provide your thoughts on the proposed 13 project. 14 Counsel for the parties and 15 Judge Agranoff and myself will be permitted to ask you 16 questions about your statement. Any counsel who 17 wishes to pursue cross-examination will be prompted, 18 and I will just gesture to you, Applicant. 19 The testimony you provide tonight will 20 be considered part of the official record and 21 consideration in this case. And it will be reviewed 22 by the board before a final decision is tendered on 23 the application. 24 A few more notes: If you decide that 25 you do not wish to testify when we read your name, you 16 1 can pass to the next witness. If you decide that you 2 would prefer to file written comments in the case, I 3 would have you talk to our board staff in the corner 4 over there. Once you finish testifying, you may leave 5 or you may observe the rest of the hearing tonight. 6 If your name is called and you are a 7 party to the case, please state that. The board 8 appreciates your participation in tonight's hearing. 9 And we want everyone who is signed up to testify to 10 have the opportunity to do so. 11 For that reason, please keep your 12 comments brief to no more than five minutes. Again, 13 we will be holding up our signs, one minute and 30 14 seconds, to let you know when your time is up. Again, 15 we set these time limits so everyone who has signed up 16 to testify may have the opportunity to do so. 17 At this time, we will begin with the 18 testimony. I will note that Judge Agranoff and I will 19 call the person who is up to testify, and we will say 20 who is next on deck. So if we can have a queue, that 21 will keep us in an orderly fashion and get through 22 everyone tonight. 23 And we also may take a break depending 24 on how many witnesses we have. And I do apologize in 25 advance for any mispronunciations. We do our best. 17 1 And also, I ask if we can refrain from speaking out of 2 turn, applauding, or cheering so we can get through 3 everyone tonight. It is very much appreciated. Thank 4 you again. 5 Oh, yes. And, please, if you can 6 silence your cell phones, that is always appreciated 7 as well. Thank you. 8 JUDGE AGRANOFF: Are there any 9 questions before we actually commence? 10 UNIDENTIFIED SPEAKER: If you don't 11 take an intermission, will you put the sign-in papers 12 out now? 13 JUDGE AGRANOFF: We will -- why don't 14 we wait until a couple of witnesses have testified? 15 And that way you can get a sense as to whether or not 16 what you heard is consistent with what you would have 17 said. And, therefore, you can then sign that sheet 18 with that representation. 19 UNIDENTIFIED SPEAKER: Will we have a 20 microphone to speak? 21 JUDGE AGRANOFF: And, again, as 22 Judge Marcelletti had indicated, we'll call both the 23 individual who is about to testify as well as the 24 person who's on deck. So that way you'll be prepared 25 to and know that you'll be next. Any other questions? 18 1 UNIDENTIFIED SPEAKER: Are you holding 2 the signs from up there, the 30 and 1 minute? 3 JUDGE AGRANOFF: Yes. 4 JUDGE MARCELLETTI: Yes. 5 UNIDENTIFIED SPEAKER: You might want 6 to put them on the podium so they can see them. 7 JUDGE AGRANOFF: That's a fair point. 8 Thank you. And we will now begin with the first name 9 that I have on the list, which is Nissa Stump, and on 10 deck is Phyllis Minks. 11 And if I could please have you raise 12 your right hand? Do you solemnly swear or affirm that 13 the testimony you're about to give in this proceeding 14 is the truth? 15 MS. STUMP: Yes. 16 JUDGE AGRANOFF: Thank you. Please 17 state your full name and your address. 18 MS. STUMP: Nissa Stump, 3490 Maple 19 Grove Road, Marion, Ohio 43302. 20 JUDGE AGRANOFF: Thank you. And do you 21 live or work within the project area? 22 MS. STUMP: Yes. I'm directly across. 23 I live directly across the road from the project area. 24 JUDGE AGRANOFF: Okay. Would your home 25 actually be situated in the project area itself? 19 1 MS. STUMP: Yes. 2 JUDGE AGRANOFF: Thank you. Please 3 proceed. 4 WHEREUPON, 5 NISSA STUMP, 6 called as a witness and having been first duly sworn 7 to tell the truth, the whole truth, and nothing but 8 the truth, was examined and testified as follows: 9 DIRECT STATEMENT 10 MS. STUMP: Ohio Power Siting Board 11 members and staff, as the Chair of the Concerned 12 Citizens of Pleasant Township, LLC, I'm requesting on 13 behalf of our 100-plus members that you deny Chestnut 14 Solar's application for a certificate of environmental 15 compatibility as there is no public need to construct 16 a solar power facility generation, electric generation 17 facility in Pleasant Township, Marion County, Ohio. 18 Our group was formed in late 2020 as we 19 initially learned about this project. My husband and 20 I, along with a couple of our neighbors, went door to 21 door and invited all to gather in our backyard and 22 discuss what we knew about this solar facility. 23 Together we created a proposal for the Pleasant 24 Township Zoning Board to protect the health and safety 25 of residents, our property values, future land 20 1 development, and the aesthetic in our township 2 regarding commercial wind and solar. 3 On February 11, 2021, the Pleasant 4 Township Zoning Board voted no commercial solar under 5 50 megawatts. We had won as Chestnut Solar was 6 originally planned for 48 megawatts. 7 Then in 2021, we learned that the 8 project had been proposed to the OPSB at 68 megawatts. 9 We are still wondering how and why the change. 10 Luckily, we learned that Senate Bill 52 would protect 11 us with its passing on October 11, 2021. 12 But as we all know, the grandfather 13 clause is exactly why we are here tonight, so we 14 didn't sell. On June 7, 2022, the Pleasant Township 15 Trustees with the Marion County Commissioners passed a 16 resolution that no solar or windfarms considered major 17 utility would be considered in Pleasant Township. 18 Following our lead, seven other 19 townships in Marion County also passed resolutions. 20 The Marion County Commissioners also signed a letter 21 of engagement with Attorney Jack Van Kley on 22 September 6, 2022, to advise them in fighting Chestnut 23 Solar. 24 We did all of this before the public 25 information meeting on December 6, 2022. Shouldn't 21 1 that have been enough to tell Chestnut Solar that our 2 community isn't interested? But no, they went forward 3 in submitting their official application on 4 March 2, 2023. 5 Thankfully, the Marion County 6 Commissioners with their advisory from Mr. Van Kley 7 passed a resolution on February 9, 2023, specifically 8 opposing Chestnut Solar as the construction and 9 operation of the facility would be incompatible with 10 the general health, safety, and welfare of the 11 residents of Marion County and, therefore, would not 12 serve the public interest, convenience, or necessity 13 of the residents of the county or the state of Ohio. 14 I've provided all of the resolutions 15 referenced to be added to the case. Unfortunately, 16 this still wasn't enough. And now here we are with 17 the county commissioners and our group of concerned 18 citizens intervening in this case. 19 While we can go on and on about the 20 reasons that we're against this project, a few that 21 are at the top of the list are the short- and long- 22 term health implications, the loss of property values, 23 the loss of fertile farmland, flooding, negative 24 effects on quality of drinking water, detrimental 25 effects on wildlife, increased noise, public safety, 22 1 and the possible strain on our emergency services. 2 This project would directly affect the 3 health, safety, and security of our community. The 4 unknown long-term consequences of commercial solar 5 panel facilities is truthfully unknown. And no one 6 wants another Marion County environmental disaster on 7 their hands. 8 In the midst of all this worry, 9 headache, and heartache I do have to say thank you. 10 Thank you for giving me a reason to better know my 11 neighbors, my political representatives, and my 12 community. Marion County has been known for a few 13 different things. But the people of Marion County 14 should be known for their hard work, their grit, and 15 their unwillingness to give up. 16 You see, we've been fighting this fight 17 for nearly four years, and now we're finally nearing 18 the end. Chestnut Solar has the audacity to ask for a 19 pause? When is enough enough? How loud do we have to 20 be for our voices to be heard? 21 Ms. French and the board, if you want 22 to restore the public trust in the Public Utilities 23 Commission of Ohio, you have the opportunity to do so 24 starting right here in Marion County by denying 25 Chestnut Solar's application. Thank you. 23 1 JUDGE AGRANOFF: Ms. Stump, if I could 2 please have you wait until after we have the cross- 3 examination. You're still -- 4 THE REPORTER: Ms. Flahive wants to ask 5 you something. 6 JUDGE AGRANOFF: You're still with us. 7 MS. STUMP: No. I was going to give 8 you my paper. 9 JUDGE AGRANOFF: You can do that once 10 we're done. 11 MS. STUMP: Okay. Sorry. 12 JUDGE AGRANOFF: Yes. And now 13 Ms. Flahive, do you have any questions? 14 MS. FLAHIVE: Do you want me to use the 15 microphone, Judge? 16 JUDGE AGRANOFF: You might as well. 17 THE REPORTER: There you go. 18 JUDGE MARCELLETTI: We're going to have 19 to share a mic. 20 CROSS-EXAMINATION 21 BY MS. FLAHIVE: 22 Q Just a couple questions. 23 A Yes. 24 Q Do you recall at the beginning of your 25 remarks using the term "project area"? 24 1 A Yes. 2 Q The way you used that term is not how the 3 project area is defined in the application, though; 4 true? 5 A No. The project area is larger than the 6 actual area of the solar panels. 7 Q Your understanding of the application is 8 that the project area encompasses both sides of Maple 9 Grove Road? 10 A Yes. 11 MS. FLAHIVE: Nothing further. 12 JUDGE AGRANOFF: Thank you. Anything 13 more? 14 JUDGE MARCELLETTI: I do not. 15 JUDGE AGRANOFF: We appreciate your 16 testimony. Thank you. Please give the court 17 reporter -- and each of those pages have your name 18 noted on them? 19 (Exhibit 1 was marked for 20 identification.) 21 THE REPORTER: Okay. Hey, one minute. 22 Okay. I see your name on it. Thank you. I 23 apologize. 24 JUDGE AGRANOFF: Okay. Next, we have 25 Phyllis Minks. 25 1 MS. MINKS: Minks. 2 JUDGE AGRANOFF: Minks. I'm sorry. 3 And on deck is Harold Cooper. 4 Please raise your right hand. Do you 5 solemnly swear the testimony you're about to give in 6 this proceeding is the whole truth? 7 MS. MINKS: Yes. 8 JUDGE AGRANOFF: Thank you. Please 9 give your full name and address. 10 MS. MINKS: Phyllis Minks, 640 Newmans 11 Cardington Road East, Marion, Ohio 43302. 12 JUDGE AGRANOFF: Thank you. And do you 13 reside within the project area or work within the 14 project area? 15 MS. MINKS: Reside. 16 JUDGE AGRANOFF: Thank you. 17 JUDGE MARCELLETTI: Is she a party to 18 the case? 19 JUDGE AGRANOFF: Are you a party to the 20 case? 21 MS. MINKS: I don't know what that 22 means. 23 JUDGE AGRANOFF: Are you a part of one 24 of the intervener groups? 25 MS. MINKS: No. Well, I'm part of 26 1 Concerned Citizens. 2 JUDGE AGRANOFF: Okay. Thank you. 3 Please proceed. But you yourself are not as an 4 individual a party? 5 THE WITNESS: I am not an intervener. 6 No. 7 JUDGE AGRANOFF: Okay. 8 WHEREUPON, 9 PHYLLIS MINKS, 10 called as a witness and having been first duly sworn 11 to tell the truth, the whole truth, and nothing but 12 the truth, was examined and testified as follows: 13 DIRECT STATEMENT 14 MS. MINKS: I am stating my opposition 15 to the Chestnut Solar project tonight. My husband and 16 I have lived in our home for over 20 years. This is 17 our dream home. The solar project is not in a 18 convenient location. There are over 200 family homes 19 in the area. Many of these homes are million-dollar 20 homes; a loss of property values with no benefits. 21 The representative from Chestnut Solar 22 told us that there would be a negative effect on our 23 property values at the very first public meeting held 24 at Waldo. This project is located adjacent to US-23, 25 which is the gateway to Marion. This would be an 27 1 eyesore, not a welcoming sight. 2 Solar panels would project constant 3 sound day and night in the area, which will 4 potentially keep us locked in our homes and may even 5 drive some of us crazy. Every resident in this area 6 has their own well for their drinking -- for their 7 source of water. Toxic waters and runoff will 8 compromise our drinking water. 9 On page 55, item 55 in the staff report 10 detailing post-construction/operation conditions 11 describes disposal of the solar panels mentioning 12 disposal methods designed to prevent leaching of 13 materials into soils and groundwater. Well, what 14 happens to our groundwater from broken or damaged 15 panels during operation? 16 In my mind this tells me there are 17 definitely hazardous materials in these panels and a 18 very great possibility that leaching of chemicals into 19 our groundwater and Qu Qua Creek, which feeds into the 20 Delaware Reservoir and serves as the water source for 21 Delaware County. 22 Solar panels are too close to 23 residential family homes, very nice homes. There is 24 only a 300-foot requirement for residences and only a 25 100-foot requirement from the residence property lines 28 1 per staff report. That is way too close. 2 A loss of wildlife and habitat during 3 and after construction. There is not a public need. 4 None of the electric generated stays here. No free 5 electric for the residents. This is prime farmland 6 turned into an industrial zone or wasteland. 7 We moved into this area so as not to be 8 near a commercial enterprise or an industrial area. 9 We wanted peace and quiet. This is farm country for 10 growing crops. A solar farm is not agricultural. 11 It's like putting lipstick on a pig. 12 Our township road is narrow and not 13 constructed for heavy trucks and/or construction 14 equipment. The road is already in poor shape, 15 breaking off at the edges with potholes, two 90-degree 16 turns with a narrow bridge at the Qu Qua Creek to 17 State Route 423. Weight limit on this bridge is in 18 question. 19 We in Pleasant Township pay taxes for 20 the repair. ODOT just closed access entirely to US-23 21 at Bethlehem Road on April the 11th, 2024. This has 22 already increased traffic on Newmans Cardington Road 23 East. 24 Water drainage problems in our area are 25 no secret. We had our yard tiled after we moved in 29 1 many years ago with a sump pump that runs and runs, 2 seldom shutting off. We have observed extreme 3 flooding to the north of us that appears to be a lake 4 at times after a rain. Disturbing the soil will only 5 make flooding worse. 6 From our home, water runoff goes to the 7 Qu Qua Creek, which dumps into the Delaware Reservoir, 8 definitely not sufficient drainage for our 9 neighborhood and The Groves at the crossing area 10 homes. Sump pumps in the area, according to friends, 11 neighbors run even when it does not rain. 12 Solar panels are often made from 13 cadmium, tellurite, silicon thin film, gallium 14 arsenide among many other chemicals. More often than 15 not, solar panels are made in foreign countries. 16 JUDGE MARCELLETTI: Thirty seconds. 17 MS. MINKS: Gallium causes toxicity to 18 various organs including lungs, testes, kidneys, 19 brain, and the immune system. The toxicity can be 20 attributed to synergistic toxic effects associated 21 with gallium and arsenic. 22 What about smoke or fire from 23 accidents, hailstorms, or tornadoes? What are the 24 proven long-term effects? There will be negative 25 effects short- and long-term for our health and our 30 1 families. We are asking Ohio Power Siting Board for 2 no vote on this project. 3 JUDGE AGRANOFF: Do you have 4 documentation as part of your testimony that you're 5 going to give to the court reporter and it has your 6 name? 7 MS. MINKS: Yes. 8 JUDGE AGRANOFF: Thank you. 9 THE REPORTER: Thank you very much. 10 (Exhibit 2 was marked for 11 identification.) 12 JUDGE AGRANOFF: Next we have Harold 13 Cooper, and on deck is Paul Cotton. 14 Please raise your right hand. Do you 15 solemnly swear the testimony you're about to give in 16 this proceeding is the truth? 17 MR. COOPER: Yes. 18 JUDGE AGRANOFF: Thank you. 19 MR. COOPER: My name is Harold Cooper. 20 I live at 5198 Marion-Waldo Road. It's a Prospect 21 address and just a couple miles south of -- just right 22 near the intersection of Bethlehem and 423. 23 JUDGE AGRANOFF: Do you live or work 24 within the project area? 25 MR. COOPER: Yes. I do. 31 1 JUDGE AGRANOFF: Which? 2 MR. COOPER: I live. 3 JUDGE AGRANOFF: Thank you. Are you a 4 member of the Concerned Citizens interveners? 5 MR. COOPER: Yes. 6 JUDGE AGRANOFF: Are you an individual 7 as an intervener in this proceeding? 8 MR. COOPER: No. 9 JUDGE AGRANOFF: Okay. Thank you. 10 Please proceed. 11 WHEREUPON, 12 HAROLD COOPER, 13 called as a witness and having been first duly sworn 14 to tell the truth, the whole truth, and nothing but 15 the truth, was examined and testified as follows: 16 DIRECT STATEMENT 17 MR. COOPER: Okay. I pulled a lot of 18 information up. I don't have a lot of flashy things 19 to say. I grew up in this community. I remember Bob 20 Zieg [ph] owned all that farmland there. And I 21 remember going over several times working with Bob and 22 his son John, Johnny and Tom, both of whom have passed 23 away. This is a residential community. 24 I spent the time driving down through 25 there in from Myers Road south to Waldo in between 423 32 1 or Marion-Waldo Road and 23. There's 183 homes. I 2 personally counted them, okay. And I've got a real 3 concern about that. Who makes all these panels? 4 Where do these panels come from? 5 China makes roughly 76 percent of all 6 of the solar panels. The crazy thing is they make 7 over 90 percent of all the components that go into all 8 the solar panels that everybody else makes. So China 9 is the source for these solar panels. And I don't 10 know what you know about China or what's gone on, but 11 they're out to take the United States down. There's 12 nothing good coming from China to us, okay. 13 Solar panels depend on sunlight. When 14 the sun ain't shining, they don't work. If it's a 15 cloudy day, they don't work, okay. On average, Marion 16 County has 174 days with sunshine. We don't live in a 17 desert. We don't live in a sunshine community. We 18 live where there's 174 days of sunshine in our 19 community. 20 Some information I pulled up: Solar 21 panels work when the sun isn't out. No. They don't 22 work when the sun isn't out, and they don't work at 23 night either. They don't work when they're covered 24 with snow. And some of the problems you get into, a 25 lot of people have said, well, solar panels don't 33 1 contaminate anything. They don't do this; they don't 2 do that. That's not true. 3 There's components in the solar panels 4 that when they're rained on if they happen to be 5 damaged, if they're not properly installed, if they're 6 not properly maintained, they will leach chemicals 7 into the soil. 8 Now, where we live I went out and 9 measured a few wells, so I could get the depth of the 10 water table. The depth of the water table in our area 11 is roughly about 26 to 29 feet. You do that by taking 12 the cap off the well, dropping a string in it with a 13 bobber on it. And when the strong goes limp, that's 14 the top of the water. That's -- that's where you are. 15 So we're not very deep. 16 And if these darn things start 17 contaminating the water, you don't fix that. You 18 know, you don't call a neighbor. You don't call a 19 mechanic. You don't call some plumber to come fix it. 20 You're stuck. And so you've got all these homes and 21 all that area with contaminated water. 22 Now, this contamination also comes off 23 of these panels while they're working in the form of 24 smoke or gases that we can't see. And while you're 25 inhaling this stuff, it can cause all kinds of 34 1 problems: cancer, Alzheimer's, all kinds of diseases 2 from the gases we can't see. 3 Now, who's going to clean these panels? 4 Because being in an agriculture area, they're going to 5 get dirt on them. They're going to get bird poop on 6 them. Who's going to clean these things? Because 7 when they get dirty, they don't function very well. 8 You get the problems with them. You get problems with 9 contamination and toxicity. 10 Hazardous waste testing on solar panels 11 indicates that different varieties of solar panels 12 have different metals in them. And these 13 semiconductors are solder, cadmium, lead, all of which 14 are harmful to humans. None of it is good for us. 15 Also, the leaching of the material into the water is 16 irreversible. It's something you just can't fix. We 17 covered that a little bit ago. And I mentioned the 18 fact that you get -- you get smoke come off these 19 solar panels. It's invisible [sic], and you can see 20 that also. 21 Rain won't clean the solar panels. 22 When they get the dirt and dust on them, bird poop, 23 somebody's got to go clean them. Rain isn't going to 24 wash it off. And the more contaminated they get, the 25 worse -- the worse they become. What do we do when 35 1 these solar panels have to wind up in the landfills 2 and have to get replaced? It's all bad. It's a bad 3 situation. 4 So I'm here stating that we need to 5 take a strong look at this, and I hope that the board 6 or whoever is responsible will terminate this project. 7 You're destroying a beautiful area. You're destroying 8 farmland, and there's nothing good coming out of this 9 thing for Marion. Thank you. 10 JUDGE AGRANOFF: Mr. Cotton [sic], if 11 you could please return to the witness stand for a -- 12 MS. FLAHIVE: Your Honor, I don't have 13 cross for this witness. 14 JUDGE AGRANOFF: Okay. 15 MS. FLAHIVE: I wanted to request 16 clarification from the board as far as the use of the 17 term "project area" because thus far, none of the 18 public comments have come from individuals within or 19 adjacent to the project area as defined in -- 20 MULTIPLE SPEAKERS: What are you 21 talking about? The project area -- 22 JUDGE AGRANOFF: One moment. One 23 moment. Excuse me. In order for this to be orderly 24 public hearing with a transcript that can be properly 25 relied upon, I can't have people shouting out. 36 1 MULTIPLE SPEAKERS: Give her a mic. We 2 can't hear back here what she has to say. 3 JUDGE AGRANOFF: I'm sorry. I will 4 hand her the microphone in a second. So, again, if 5 there's a question about whether an individual lives 6 within the project area, I would just ask Counsel to 7 on cross-examination, you can certainly seek that 8 clarification to bring out whatever point that you're 9 attempting to make. 10 MS. FLAHIVE: Your Honor, my request 11 for clarification is whether the term "project area" 12 should refer to the area that Applicant has proposed 13 in terms of the boundaries of those parcels. 14 JUDGE AGRANOFF: And you can seek 15 clarification of the witness as to where they reside 16 in relationship to what you believe the project area 17 is. 18 MS. FLAHIVE: Thank you, Your Honor. 19 UNIDENTIFIED SPEAKER: If we could have 20 letter from you, then we're in the project area; 21 correct? 22 JUDGE AGRANOFF: We're not going to be 23 having dialog back and forth. 24 UNIDENTIFIED SPEAKER: But I want to -- 25 I want clarification for -- 37 1 THE REPORTER: Ma'am, I can't -- I 2 can't ascribe what you're speaking to right now to 3 the -- 4 JUDGE AGRANOFF: We can't have dialog. 5 We cannot have these kinds of back-and-forth 6 discussions. 7 So Mr. Cotton? 8 MR. COOPER: I'm Cooper. 9 JUDGE AGRANOFF: Mr. Cotton? 10 MR. COTTON: That's me. 11 JUDGE AGRANOFF: Oh. 12 JUDGE MARCELLETTI: Mr. Cooper. 13 JUDGE AGRANOFF: Mr. Cooper. 14 Mr. Cooper, I'm sorry. Do you have documentation that 15 you were going to be providing to the court reporter? 16 MR. COOPER: I can give you -- I can 17 give you these sheets that I prepared. 18 THE REPORTER: If you'd like, yeah. 19 JUDGE AGRANOFF: Please make sure that 20 your name is identified on each of those sheets. 21 Thank you. 22 (Exhibit 3 was marked for 23 identification.) 24 And at this time, I will call 25 Mr. Cotton and Mr. Welch, Jeremy Welch, I believe is 38 1 on deck. 2 MR. COOPER: They're stapled together. 3 You can write my name wherever you want. 4 THE REPORTER: All right. 5 JUDGE AGRANOFF: Please come forward. 6 Please raise your right hand. Do you solemnly swear 7 or affirm that the testimony you're about to give in 8 this proceeding is the truth? 9 MR. COTTON: Yes. I do. 10 JUDGE AGRANOFF: Please state your full 11 name and address for the record. 12 MR. COTTON: Paul Cotton and I live at 13 3922 Maple Grove Road, Pleasant Township, Marion. 14 JUDGE AGRANOFF: And do you reside or 15 work within the project area? 16 MR. COTTON: I reside. 17 JUDGE AGRANOFF: And are you an 18 intervener in this proceeding as an individual? 19 MR. COTTON: No. I'm not. 20 JUDGE AGRANOFF: Are you a member of 21 the Concerned Citizens Group? 22 MR. COTTON: Yes. I am. 23 JUDGE AGRANOFF: Thank you. Please 24 proceed. 25 // 39 1 WHEREUPON, 2 PAUL COTTON, 3 called as a witness and having been first duly sworn 4 to tell the truth, the whole truth, and nothing but 5 the truth, was examined and testified as follows: 6 DIRECT STATEMENT 7 MR. COTTON: I'm here tonight to 8 express my opposition to the Chestnut Solar project in 9 Pleasant Township. In 2003 my wife -- 10 MULTIPLE SPEAKERS: We can't hear you. 11 THE REPORTER: I would ask that you 12 speak into the microphone, sir, and speak up loudly 13 and clearly. 14 MR. COTTON: Okay. Can you hear me 15 now? 16 UNIDENTIFIED SPEAKER: No. 17 MR. COTTON: No? 18 JUDGE MARCELLETTI: Hold on, folks. 19 So you're going to really have to 20 project. 21 MR. COTTON: Okay. Can you hear me 22 now? 23 UNIDENTIFIED SPEAKER: Yes. No. 24 MR. COTTON: All right. I'm here 25 tonight to express my opposition to the Chestnut Solar 40 1 project in Pleasant Township. In 2003 my wife Linda 2 and I, we made a financial and emotional investment 3 when we bought our house on Maple Grove Road. We 4 anticipated living in a quiet rural environment as 5 well as, hopefully, seeing the value of our home 6 appreciate over time. 7 Now 21 years later, instead of the 8 quiet country life we have enjoyed, we now find 9 ourselves living in the early chapters of a Stephen 10 King nightmare. Where we presently have a comfortable 11 and safe environment, we now face a future of 12 flooding, property value depreciation, and 13 environmental issues, the like of which haven't 14 existed before in Pleasant Township. 15 My concerns with the Chestnut project 16 are many. However, the time doesn't permit me to 17 address all of them. Here are the most pressing 18 concerns for me: the potential for flooding and 19 impact on septic systems along Maple Grove Road. The 20 field tile in Mr. Niedhart's field serves to not only 21 drain rainwater from the agricultural field but is 22 engineered to also assist the residential septic 23 systems along the east side of Maple Grove Road to 24 work efficiently. 25 Since the only known maps of 41 1 Mr. Niedhart's field tile system were destroyed in a 2 barn fire five or six years ago, it is inevitable that 3 without the maps to guide the construction crews, the 4 field tiles will be impacted during construction by 5 the grading, digging, compacting, and driving a post 6 into the ground. 7 These actions will, at the very least, 8 severely damage the existing tiles, if not destroy the 9 tile system rendering it useless in draining water. 10 With the damage to the tile system, the result will be 11 a toxic mixture of standing rainwater and raw sewage 12 pools in the yards of Maple Grove Road residents. 13 Environmental hazards can take many 14 forms. Not only can they be toxic poop, toxic pools 15 of sewage, but they can also be present in the form of 16 noise hazards. Noise from solar farm inverters and 17 transformers are regularly measured in the range of 18 74 to 78 decibels at a one-mile distance from the 19 solar farm inverter. This is the equivalent to a 20 dishwasher or washing machine running 24 hours a day, 21 7 days a week in your house. 22 Reduce the distance to a couple hundred 23 feet in the case of the Lehner home or a quarter to a 24 half a mile in the case of Maple Grove residences, and 25 you have a toxic level of noise surrounding you 42 1 equivalent to a freight train, a printing press, or a 2 garbage truck in your living room 24 by 7. That is in 3 the range that can cause mental stress issues. 4 Lastly but maybe the largest concern is 5 the potential for property value decreasing. It's 6 impossible to predict exactly how much my property 7 will depreciate when the solar farm is built. There's 8 lots of information on the internet, but most of it is 9 from energy-related sources and paints a heavily 10 biased picture in the form of -- in the favor, rather, 11 of solar farms. 12 The reality is how can you sell a 13 $450,000 home with a toxic pool of raw sewage and 14 rainwater in the backyard that also has a background 15 noise level of a garbage truck or a freight train 16 24 by 7? There's only one conclusion can be drawn, 17 and that is home values along Maple Grove will go down 18 dramatically. 19 Marion County and Pleasant Township, in 20 particular, don't need excessive noise or toxic 21 drainage, environmental disasters, nor a drastic 22 reduction of property values all due to an unneeded 23 and unwanted solar field. In conclusion, please take 24 my concerns into consideration when you make your 25 decision on this project and vote against the Chestnut 43 1 Solar project. Thank you. 2 JUDGE AGRANOFF: Any questions, 3 Counsel? 4 MS. FLAHIVE: No. 5 JUDGE AGRANOFF: Mr. Cotton, if you 6 have any additional documents -- 7 MR. COTTON: I gave two copies up here 8 at the front desk. 9 JUDGE AGRANOFF: We need the court 10 reporter to actually have documentation. 11 JUDGE MARCELLETTI: He said he gave us 12 a copy. Yeah. We have Mr. Cotton's and photos 13 accompanying, sir? 14 (Exhibit 4 was marked for 15 identification.) 16 THE REPORTER: Thank you. 17 JUDGE AGRANOFF: Thank you, Mr. Cotton. 18 Next, we'll have Jeremy Welch, and on 19 deck is Kay Lamb. 20 Please raise your right hand. Do you 21 solemnly swear or affirm the testimony you're about to 22 give in this proceeding is true? 23 MR. WELCH: I do. 24 JUDGE AGRANOFF: Please state your full 25 name and address. 44 1 MR. WELCH: My name is Jeremy Welch. I 2 live at 3331 East Augusta Drive in McConnelsville, 3 Ohio. I do not live in the area, but I do work in the 4 area. 5 JUDGE AGRANOFF: When you say "the 6 area," you're referring to the project area? 7 MR. WELCH: Yes. 8 JUDGE AGRANOFF: And are you a member 9 of one of the intervening entities or are you yourself 10 as an individual an intervener? 11 MR. WELCH: No. I'm not. 12 JUDGE AGRANOFF: Okay. Please proceed. 13 MR. WELCH: Thank you. 14 WHEREUPON, 15 JEREMY WELCH, 16 called as a witness and having been first duly sworn 17 to tell the truth, the whole truth, and nothing but 18 the truth, was examined and testified as follows: 19 DIRECT STATEMENT 20 MR. WELCH: So I'm a business rep for 21 the carpenters union. And one of the things that I do 22 as a business rep is represent members who live in 23 various areas of this state. We have over 130 union 24 brothers who live and work in this county. As a 25 business rep, I come from a small town in southeastern 45 1 Ohio where work is scarce. You can't buy a job. My 2 members travel over two hours to go to work. And I 3 imagine there's several people who live in this county 4 who do the same: travel a ways for work. 5 As a representative for the carpenters 6 union, any time I can get workers close to home, I 7 take that opportunity. This Chestnut Solar field is 8 an opportunity to put carpenters to work. A 65- 9 megawatt solar field will put roughly 100 people, 10 carpenters, to work on that field, and over half of 11 them will be apprentices. 12 So that means young men and women who 13 live in this -- this area will have the opportunity to 14 joint our apprenticeship program where they'll learn 15 not only solar installation. But they're also going 16 to learn copper form work, scaffolding, blueprint 17 reading, metal studs and drywall, the skills that we 18 can provide that they can have a 30-year career and 19 then retire. That's our goal. 20 So as a representative for the 21 carpenters union, we support this Chestnut Solar 22 project. We'd like for you to take into consideration 23 the jobs that this is going to provide. Thank you. 24 JUDGE AGRANOFF: Thank you. 25 Any questions of the witness? 46 1 MS. FLAHIVE: Yes, Your Honor. 2 CROSS-EXAMINATION 3 BY MS. FLAHIVE: 4 Q Thank you, sir. Could you elaborate just a 5 little bit about what concerns your members have in 6 the event that a certificate is denied for this 7 project? 8 A A lot of my members are going to have to 9 continue traveling for work. When you have to travel 10 for work, you miss things. And I tell a lot of my 11 members, especially around Mother's Day, you know, 12 everybody talks about a mother's love, but nobody 13 talks about a father's sacrifice: having to drive, 14 you know, two -- two hours to work in the morning and 15 at night. You're missing ballgames. You're missing 16 birthday parties. You're missing dance recitals. You 17 know this is an opportunity for those fathers to get 18 home -- even mothers, you know -- to see their 19 children, to see their family grow. 20 Q And you have members who live within two 21 hours or less than two hours of the project area? 22 A Oh, yeah. We have 130-plus members who live 23 in Marion County. 24 MS. FLAHIVE: Thank you. 25 JUDGE AGRANOFF: I would like to remind 47 1 everybody that because we do have a large group of 2 people here and we have a limited number of 3 microphones, if you could please make sure that any of 4 the crosstalk does not occur while the witness is 5 testifying so that we're able to all hear what is 6 being said. That would be much appreciated. 7 In addition, I would point out we do 8 have a couple of empty seats still if those of you 9 that are standing in the back would prefer to be 10 seated, we do have some empty seats. 11 Do you have any documentation, 12 Mr. Welch, that you want to give the court reporter? 13 MR. WELCH: No. I do not. 14 JUDGE AGRANOFF: Okay. Then thank you 15 for your testimony. 16 Next, we have Kay Lamb and on deck is 17 Georgia -- 18 MS. CACKLER: Cackler. 19 JUDGE AGRANOFF: -- Cackler. Thank 20 you. 21 Please raise your right hand. Do you 22 solemnly swear or affirm that the testimony you're 23 about to give in this proceeding is the truth? 24 MS. LAMB: Yes. 25 JUDGE AGRANOFF: Thank you. Please 48 1 state your full name and address for the record. 2 MS. LAMB: My name is Kay Lamb, 3096 3 Neidhart Road, Marion, Ohio 43302. 4 JUDGE AGRANOFF: And are you a member 5 of one of the intervening entities, or are you 6 yourself an intervener in this proceeding? 7 MS. LAMB: No. 8 JUDGE AGRANOFF: And do you reside or 9 work within the project area? 10 MS. LAMB: Yes. 11 JUDGE AGRANOFF: Which? 12 MS. LAMB: I reside. 13 JUDGE AGRANOFF: Okay. Thank you. 14 Please proceed. 15 WHEREUPON, 16 KAY LAMB, 17 called as a witness and having been first duly sworn 18 to tell the truth, the whole truth, and nothing but 19 the truth, was examined and testified as follows: 20 DIRECT STATEMENT 21 MS. LAMB: Okay. To members of the 22 Ohio Power Siting Board, I am opposed to this solar 23 project going forward in Pleasant Township, Marion, 24 Ohio. There are many homes and farms that will be 25 affected by this project in a very negative way. 49 1 There are many families involved, especially on 2 Owens Road, Maple Grove Road, Myers Road, 3 Newman-Cardington Road, Neidhart Road, Somerlot 4 Hoffman Road, and all the subdivisions of Southern 5 Estates, Maplewood, and The Groves at Newman's 6 Crossing. 7 We have attended many meetings with 8 Chestnut Solar representatives and have vehemently 9 expressed why we do not want a solar project in our 10 midst. The wildlife, including birds that we enjoy, 11 will be gone. Our home values, which we have worked 12 hard for, will most certainly be drastically reduced. 13 The constant noise level we will be exposed to will be 14 intolerable. Our wells, which we depend on totally, 15 will be in danger of contamination. 16 Chestnut Solar, LLC, says none of this 17 will happen. We know it is a real possibility that it 18 could happen. Our Marion County commissioners have 19 sent in two resolutions, one actually mentioning 20 Chestnut Solar, LLC, by name that the citizens of 21 Pleasant Township do not want a solar facility so 22 close to them. 23 Our Pleasant Township trustees have 24 sent in a resolution stating the same. Also, the 25 Marion County Regional Planning Commission has 50 1 submitted a resolution stating a real concern and that 2 is a very poor location for this project, as it would 3 sit in the middle of many homes and farms. 4 There are many who oppose this project 5 and for good reason. Solar panels contain hazardous 6 materials such as cadmium, tellurite, lead, and 7 arsenic, which can leach into the soil and water and 8 pollute the environment during disposal which could 9 occur at the 25.30-year timeframe or if panels are 10 damaged in the interim from hail or tornadoes. The 11 damage would be done too late to keep it from our 12 field tiles and drinking water. We depend on our 13 wells for everything. 14 Construction of solar facilities on 15 large areas of land requires cleaning and grading of 16 soil and results in soil compaction, potential 17 alternation for drainage tiles, and increased runoff 18 and erosion. This can significantly impact local 19 biodiversity by displacing local wildlife and birds 20 and destroy natural ecosystems. 21 There is a cell tower on Richland [ph] 22 Road, which services all the citizens in this area. 23 The proposed solar project will completely sit between 24 the cell tower and these citizens. Some solar panels 25 are built in metal frames and other conductive 51 1 materials that can block or weaken cell signals. 2 Additionally, solar panels can create a 3 physical barrier between the cell tower and the 4 location where the signal is needed, causing 5 significant loss or interference in transmission. 6 This could affect this entire area. Many people here 7 count exclusively on their cell phones. Our lack of 8 good communication could create very serious problems. 9 I have a farm, which is adjacent to 10 this proposed solar project. I am very concerned 11 about the crops we produce, the tiling, et cetera, 12 that also if these crops were contaminated, a real 13 possibility, we would lose our livelihood. 14 We are asking for your no vote to move 15 this project forward in Pleasant Township, Marion, 16 Ohio. Please listen to our real concerns and help us 17 keep our homes and farms in this beautiful area as 18 they are. Thank you. 19 JUDGE AGRANOFF: Thank you. 20 Any cross-examination? 21 MS. FLAHIVE: No. 22 JUDGE AGRANOFF: Ms. Lamb, do you have 23 any documentation as part of your testimony that you'd 24 like to have as part of the record? 25 MS. LAMB: Yes. 52 1 JUDGE AGRANOFF: If you could make 2 sure, please, that your name is on all of that 3 documentation. 4 (Exhibit 6 was marked for 5 identification.) 6 THE REPORTER: Thank you, ma'am. 7 JUDGE AGRANOFF: Next we have Georgia 8 Cackler? 9 MS. CACKLER: Cackler. 10 JUDGE AGRANOFF: Cackler? Thank you. 11 And on deck will be Valerie Witten? 12 Wigton? 13 MS. WIGTON: Wigton. 14 JUDGE AGRANOFF: Wigton. 15 THE REPORTER: How do you spell your 16 name, ma'am? 17 MS. CACKLER: Me? 18 THE REPORTER: Yes. 19 MS. CACKLER: C-A-C-K-L-E-R. 20 THE REPORTER: Thank you. 21 JUDGE AGRANOFF: Please raise your 22 right hand. Do you solemnly swear the testimony 23 you're about to give at this proceeding is the truth? 24 MS. CACKLER: Yes. 25 JUDGE AGRANOFF: Thank you. Please 53 1 state your full name and address for the record. 2 MS. CACKLER: Oh, man, I just broke it. 3 All right. Can you hear me? 4 THE REPORTER: Hold on. 5 MS. CACKLER: Sorry. Shouldn't have 6 touched it. 7 Okay. My name is Georgia D. Cackler. 8 I live at 3694 Maple Grove Road, Marion, Ohio 43302. 9 JUDGE AGRANOFF: And do you either live 10 or work within the project area. 11 MS. CACKLER: Oh, I live within the 12 project area. 13 JUDGE AGRANOFF: Okay. And are you a 14 member of the Concerned Citizens? 15 MS. CACKLER: Yes. I am. 16 JUDGE AGRANOFF: Are you yourself as an 17 individual an intervener in this proceeding? 18 MS. CACKLER: No. 19 JUDGE AGRANOFF: Okay. Please proceed. 20 Thank you. 21 WHEREUPON, 22 GEORGIA CACKLER, 23 called as a witness and having been first duly sworn 24 to tell the truth, the whole truth, and nothing but 25 the truth, was examined and testified as follows: 54 1 DIRECT STATEMENT 2 MS. CACKLER: Okay. I have lived on 3 this road for 44 years, 12 years on the south end and 4 32 years on the north end. I am here to speak against 5 the solar field due to the water problems we have in 6 this area. 7 We are not only -- we are not the only 8 house that suffers from rainwater just standing on top 9 of the ground. The area of the Chestnut Solar field 10 includes over 200 houses if you include Southern 11 Estates in there. And many of us have problems with 12 standing water or backed-up water. 13 The field has been tiled since I lived 14 there, and still the water problems persist. If it 15 rains hard or rains over several days, the water 16 stinks. This isn't just a spring and summer problem. 17 We've had standing water in January. This problem 18 happens year after year. 19 I am concerned since we found research 20 suggesting the drilling to set up the solar panels 21 could further destroy what little tiling is there, and 22 the standing water problem will get worse. I've 23 brought a few pictures of what it looks like. This 24 one is straight out my back door. 25 This one is looking north out my back 55 1 door. This one is looking south at my back door down 2 to Myers Road. And this one is a picture of my 3 granddaughter's 4-H goats being drug out of 21 inches 4 deep water that came up overnight. And let me tell 5 you, goats don't swim. Thank you for your time. Got 6 lots of pictures if you guys need them. 7 JUDGE AGRANOFF: Any questions? 8 MS. FLAHIVE: Yes, Your Honor. 9 CROSS-EXAMINATION 10 BY MS. FLAHIVE: 11 Q Thank you, ma'am. If you were to be assured 12 that the project could alleviate that kind of flooding 13 that your property is experiencing, would you continue 14 to oppose it? 15 A Yes. I would. I have other problems with 16 it. I just wanted to talk to the water because other 17 people are talking to the other problems. 18 MS. FLAHIVE: Nothing further. 19 JUDGE AGRANOFF: Ms. Cackler, you're 20 going to give the photos to the court reporter? 21 MS. CACKLER: Yeah. 22 JUDGE AGRANOFF: Thank you. 23 Ms. Cackler? 24 MS. CACKLER: Yes? 25 JUDGE AGRANOFF: Might you have a 56 1 reduced version of those photos? 2 MS. CACKLER: No. I didn't bring them. 3 I'm sorry. 4 JUDGE AGRANOFF: Okay. That's okay. 5 Thank you. 6 (Exhibit 7 was marked for 7 identification.) 8 Next, we have Valerie Wigton, and on 9 deck is -- 10 THE REPORTER: How do you spell your 11 last name? 12 MS. PRASAD: Anjana Prasad. 13 JUDGE AGRANOFF: Thank you. 14 THE REPORTER: How do you spell? 15 MS. WIGTON: W-I-G-T-O-N. 16 THE REPORTER: Thank you. 17 JUDGE AGRANOFF: Please raise your -- 18 MS. WIGTON: V-A-L-E-R-I-E. 19 JUDGE AGRANOFF: Please raise your 20 right hand. Do you solemnly swear or affirm that the 21 testimony you're about to give in this proceeding is 22 the truth? 23 MS. WIGTON: I do. 24 JUDGE AGRANOFF: Thank you. Please 25 state for the record your full name and address. 57 1 MS WIGTON: Valerie Adler Wigton, 2 3052 Conrad's Trace, Marion, Pleasant Township, 3 Marion, Ohio 43302. 4 JUDGE AGRANOFF: And do you live or 5 work within the project area? 6 MS WIGTON: I live within the project 7 area. 8 JUDGE AGRANOFF: Thank you. And are 9 you a member of the Concerned Citizens intervening 10 group? 11 MS WIGTON: Yes, I am, proudly. 12 JUDGE AGRANOFF: Are you also an 13 individual intervener in this proceeding? 14 MS WIGTON: No. I am not. 15 JUDGE AGRANOFF: Please proceed. 16 WHEREUPON, 17 VALERIE WIGTON, 18 called as a witness and having been first duly sworn 19 to tell the truth, the whole truth, and nothing but 20 the truth, was examined and testified as follows: 21 DIRECT STATEMENT 22 MS WIGTON: I am speaking tonight on 23 behalf of myself and my husband Dan, who is ill an 24 unable to attend this evening. 25 First, the term "solar farm" is truly 58 1 deceptive. What Chestnut Solar is proposing is not 2 any kind of farm as we know it but an energy utility 3 company removing award-winning, high-producing quality 4 farmland out of food production, disturbing habitats, 5 infecting waterways, damaging tiles, draining the 6 land, overall disrupting its integrity. 7 It's not that I oppose smart solar 8 energy development. It's the location of this 9 project. More than 200 homeowners and their families 10 live adjacent to the proposed project and would be 11 directly impacted. We cannot afford to risk health or 12 environmental issues caused by the installation of 13 thousands of solar panels. 14 One such adverse effect is the creation 15 of heat islands. According to a recent report by 16 energy researchers at four universities in the Midwest 17 and I quote, "The understanding of energy balance, how 18 heat moves in and out of ecosystems that change from 19 natural to built settings such as a solar farm, is a 20 big gamechanger for the future. 21 "Consider how solar panels absorb and 22 reflect certain types of radiation, which prevents the 23 soil beneath from cooling like it would under a 24 regular night sky. Does it not make more sense to 25 encourage state and national leaders to develop solar 59 1 on abandoned industrial sites, landfills, degraded 2 land, rooftops, and parking lots? 3 "According to the Department of Energy, 4 if combined, all of these could in theory meet nearly 5 80 percent of the nation's electricity needs only if 6 there were government incentives to do so." This is 7 from an article in The New York Times dated 8 September 20, 2022. 9 But what about all the money that the 10 project supposedly will generate for our schools? I 11 point out another article in Reuter's in which a Texas 12 community rallied against and won so-called millions 13 of dollars in tax revenue over decades promised by the 14 solar company. They knew the project would undermine 15 the region's rural culture and create just a few 16 permanent jobs. 17 We, the Concerned Citizens of Pleasant 18 Township, agree that a solid residential tax base 19 provided by homeownership is the best solution. The 20 need for more homes is here. The Ohio Building 21 Industry Association, which represents over 90 percent 22 of homebuilders in Central Ohio, including Marion, 23 says when it comes to housing, Marion is the next 24 frontier. And that frontier is Southern Marion 25 County, Pleasant Township, for homes, not for a solar 60 1 farm. 2 Finally, when this project became 3 public knowledge years after the contract was signed 4 between the landowners and the solar utility company, 5 both the Marion County Commissioners and the Pleasant 6 Township Trustees voted against it and similar future 7 projects. Just as any company would have to adhere to 8 local zoning laws, what if a metal processing 9 facility, a nuclear company, or a commercial dragstrip 10 wanting to be built in Pleasant Township? They would 11 have to follow the law. So should Chestnut Solar. 12 Quoting staff recommendations of the 13 Ohio Power Siting Board, the board should deny the 14 applicant's request for a certificate due to its 15 inability to establish at least one of the eight 16 statutory criteria. Specifically, staff recommends 17 the board find that the applicant has failed to 18 establish whether the facility will serve the public 19 interest, convenience, and necessity as required. 20 Like Senator Matt Huffman has said, 21 "Innovative energy technology is always welcome in the 22 state of Ohio but not at the expense of rural 23 communities who do not want them." Please vote 24 against this project. Thank you. 25 JUDGE AGRANOFF: Any questions from 61 1 Counsel? 2 MS. FLAHIVE: Yes. 3 CROSS-EXAMINATION 4 BY MS. FLAHIVE: 5 Q Just to clarify, is your residential 6 property adjacent to where the proposed solar array 7 is -- will be sited? 8 A Yes. It is in the project area. We have 9 received regular communication from Chestnut Solar 10 just recently. 11 Q So I just want to ask a few questions 12 regarding your points on zoning. I understand your 13 opposition to the project is based on the project's 14 perceived impacts; is that fair? 15 A Perhaps. 16 Q And when it comes to zoning, you feel that 17 Pleasant Township's zoning resolution affords your 18 property adequate protection? 19 A It depends. We have had to have 20 conversations with the zoning board on several issues. 21 Q You realize, though, that currently that 22 adjacent property is zoned agricultural, A1; true? 23 A Which property are you referring to? 24 Q The properties for which the solar arrays 25 are proposed that would be adjacent. 62 1 A Zoned agriculture? I'm not aware of what 2 the current zoning is. I would assume it is zoned 3 agricultural. 4 Q So you're not aware of the array of uses 5 that would be permitted on the land as it exists now? 6 A No comment. 7 MS. FLAHIVE: Nothing further. 8 JUDGE AGRANOFF: Thank you. 9 Ms. Wigton? 10 MS. WIGTON: Yes. I have provided the 11 materials in advance. 12 JUDGE AGRANOFF: Thank you. 13 MS. WIGTON: The first line has my name 14 on it. 15 JUDGE AGRANOFF: Appreciate it. Just 16 confirming that that is it. Yes. 17 (Exhibit 8 was marked for 18 identification.) 19 THE REPORTER: Thank you. 20 JUDGE AGRANOFF: Before we call the 21 next witness, which is Ms. Prasad, I wanted to make 22 sure that at this point in time if you have heard 23 testimony from the prior nine witnesses that sound 24 very similar to the types of issues and thoughts that 25 you were going to be conveying through your testimony 63 1 and you would, therefore, prefer to simply file or to 2 sign a sheet that we'll have up at the table where our 3 staff is reflecting the fact that you're in support of 4 the testimony that's been provided previously -- that 5 is either in favor of or against the project, you can 6 do so. 7 And, therefore, when we call your name, 8 simply say that you're willing to pass in terms of 9 giving your testimony tonight. You have that as an 10 option if you so desire, so I did want to let you know 11 that choice that you have in case that's how you 12 wanted to proceed. And at this point? 13 JUDGE MARCELLETTI: Before we start, 14 Judge, the microphone fell off. 15 Mike, do you want to double check it? 16 THE REPORTER: Yeah. Thank you. I 17 apologize. 18 JUDGE MARCELLETTI: The court reporter 19 has another mic. 20 THE REPORTER: I think we're okay. 21 JUDGE AGRANOFF: Please raise your 22 right hand. Do you solemnly swear or affirm that the 23 testimony you're about to give in this proceeding is 24 the truth? 25 MS. PRASAD: I do. 64 1 JUDGE AGRANOFF: Thank you. Please 2 state your full name and address for the record. 3 MS. PRASAD: Anjana Prasad, 883 Edwards 4 Glen, Marion, Ohio. 5 THE REPORTER: Can you spell your last 6 name, ma'am? 7 MS. PRASAD: Prasad, P-R-A-S-A-D. 8 JUDGE AGRANOFF: And do you either live 9 or work within the project area? 10 MS. PRASAD: I live. 11 JUDGE AGRANOFF: And are you a member 12 of the Concerned Citizens intervening group? 13 MS. PRASAD: Yes. 14 JUDGE AGRANOFF: Are you as an 15 individual an intervener in this proceeding? 16 MS. PRASAD: No. 17 JUDGE AGRANOFF: Thank you. Please 18 proceed. 19 WHEREUPON, 20 ANJANA PRASAD, 21 called as a witness and having been first duly sworn 22 to tell the truth, the whole truth, and nothing but 23 the truth, was examined and testified as follows: 24 DIRECT STATEMENT 25 MS. PRASAD: Good evening, ladies and 65 1 gentlemen. I live in Pleasant Township. I strongly 2 oppose the solar farm project because the risks and 3 harm of the solar farm project far outweighs any 4 perceived benefits. 5 I am a naturalized U.S. citizen who 6 fell in love with Ohio for its agricultural land. My 7 husband and I moved to Marion because of the lush 8 green agricultural land and fresh air and wonderful 9 habitat for birds and animals. 10 However, if solar farms are installed, 11 it could become a hostile place for habitat. And 12 almost instantly, the birds and animals will vanish. 13 Our quality of life will diminish for sure. 14 According to a 2023 environmental 15 impact report in California, the distance from the 16 residential homes should be a minimum of half a mile, 17 but required suggestion is 1.2 miles. But in our 18 case, it would be literally in our backyard, perhaps 19 less than 20 feet away from our birdfeeder. 20 According to a recent research paper 21 published on January 15, 2024, in Science Direct, the 22 impacts of solar farms adversely affected natural 23 ecosystems and biodiversity. It led to vegetation 24 destruction and intensified desertification. 25 My husband and I work in 66 1 Bellefontaine, and we enjoy taking the backroads on 2 State Route -- State Road 47. The rolling hills with 3 beautiful green fields is breathtaking. Suddenly, in 4 the past year or so we were horrified to see the 5 changes that had occurred. 6 State Route 47 between Richland and 7 West Mansfield is now littered with solar farms. I 8 present to you the pictures of the national landscape 9 and topography of the area. In stark contrast, please 10 see the photos of the fence built around the solar 11 farm on State Road 47. It is an ugly and shocking 12 reminder of the devastation that people are capable of 13 making. 14 The fence has a huge bolt and a locking 15 mechanism with a sign "Danger, Electrical Hazard." 16 The beautiful greenery is replaced with ugly gravel in 17 the perimeter. The flora and fauna has disappeared 18 altogether. 19 To compound the problem, consider the 20 violent storms of Ohio, the terrible devastation 21 caused by the recent tornado at Indian Lake warns us 22 about the risk of solar farm in close proximity to a 23 residential area. Just imagine the debris flying all 24 over our neighborhood. Our bedroom and living room 25 windows will shatter in an instant should the debris 67 1 strike it. 2 I present to you an internet downloaded 3 photos of the solar farm destroyed by storms in 4 another society. I present to you another photo of an 5 abandoned solar farm. Consider this. United States 6 is in debt crisis with the International Monetary 7 Fund. As a result, there is a potential for several 8 companies to go out of business. If that has a ripple 9 effect on the economy and the owners of the solar 10 farms file bankruptcy, imagine the terrible outcomes 11 of vandalism in abandoned solar farms. 12 Ladies and gentlemen of the board and 13 the audience, the scenarios I presented are not just 14 hypothetical. These are factual experiences of other 15 societies that are very regretful of their actions 16 now. If we don't learn from the mistakes of other 17 societies, we will bring upon our own destruction and 18 demise, not just rhetorically but literally. 19 These solar farms in process of serving 20 the interests of few pockets will permanently and 21 irreversibly ruin the natural resources of Marion and 22 our beautiful Ohio. On behalf of the residents of 23 Pleasant Township, I vehemently oppose the solar farms 24 because they will not meet the needs, convenience, and 25 the necessity of the community. Thank you. 68 1 JUDGE AGRANOFF: Cross-examination? 2 MS. FLAHIVE: Yes, Your Honor. 3 CROSS-EXAMINATION 4 BY MS. FLAHIVE: 5 Q Residential development would destroy the 6 lush, green agricultural lands; true? 7 A True. 8 Q You're hoping that the land for which the 9 project is proposed will just remain as it is? 10 A As agricultural, yes, because that reason we 11 chose to live there. 12 Q And that's because that's how you like it; 13 true? 14 A True. 15 UNIDENTIFIED SPEAKER: That's very 16 vague. 17 JUDGE AGRANOFF: Excuse me. 18 Do you have any documentation that 19 you'd like to leave the court reporter? And is your 20 name identified on that documentation? 21 MS. PRASAD: Yes. 22 JUDGE AGRANOFF: Thank you. 23 (Exhibit 9 was marked for 24 identification.) 25 // 69 1 JUDGE MARCELLETTI: Thank you. We have 2 next Dr. Prasad who is going to testify. And on deck 3 I have a Jenica Runkle? 4 Ms. Runkle, you'll be next on deck. 5 Good evening, sir. If you'll please 6 raise your right hand. Do you swear or affirm that 7 the testimony you are about to provide will be the 8 truth? 9 DR. PRASAD: I do. 10 JUDGE MARCELLETTI: Thank you. Please 11 state and spell your name for the record. 12 DR. PRASAD: My name is Dr. Shiva 13 Prasad, S-H-I-V as in Victor, A as in aardvark, 14 Prasad, P-R-A-S-A-D. 15 JUDGE MARCELLETTI: Thank you. 16 Apologies, Doctor. Did you provide your address for 17 the record already? 18 DR. PRASAD: I'm going to provide. 19 Shall I start? 20 JUDGE MARCELLETTI: Please provide your 21 address. 22 DR. PRASAD: 883 Edwards Glen, Marion, 23 Ohio 43302. 24 JUDGE MARCELLETTI: Do you live or work 25 within the project area, sir? 70 1 DR. PRASAD: Live within the project 2 area. 3 JUDGE MARCELLETTI: Are you a party or 4 a member to the Concerned Citizens Group, sir? 5 DR. PRASAD: I am a member of the 6 Concerned Citizens Group. 7 JUDGE MARCELLETTI: And you are not an 8 individual intervener; correct? 9 DR. PRASAD: No. 10 JUDGE MARCELLETTI: Okay. You may 11 proceed, sir. 12 WHEREUPON, 13 DR. SHIVA PRASAD, 14 called as a witness and having been first duly sworn 15 to tell the truth, the whole truth, and nothing but 16 the truth, was examined and testified as follows: 17 DIRECT STATEMENT 18 DR. PRASAD: My name is Dr. Shiva 19 Prasad. I'm a resident at 883 Edwards Glen, Marion, 20 Ohio. I'm strongly opposed to this solar farm project 21 because of scientific reasoning rather than an emotive 22 response. I'm a practicing physician and psychiatrist 23 in Bellefontaine, Ohio, and have resided in Pleasant 24 Township for the past 11 years to enjoy the pristine 25 surroundings and tranquil life in rural Ohio. 71 1 The building of solar farms will be an 2 industrial assault on residents of Pleasant Township 3 in enjoying the natural farmland surroundings, 4 wildlife including birds, squirrels, deer, rabbits, 5 and occasional sightings of raccoons and coyotes on a 6 wintry day. The negative impact of solar farms are 7 many, and the following are the reasons which I would 8 like to enumerate and elaborate. 9 Number one, hazardous chemicals in 10 solar panels contain sulfuric acid, hydrochloric acid, 11 and silicon tetrachloride. When silicon tetrachloride 12 comes in contact with environment due to strong storms 13 as we experienced in the recent weeks, can cause 14 damage to digestive, reproductive, nervous systems and 15 can cause skin rashes, eye irritation, and respiratory 16 infections. 17 Number two, electromagnetic 18 hypersensitivity from solar panels can cause skin 19 rashes, sleep disturbances leading to poor mental 20 health. Low-frequency electromagnetic fields could be 21 carcinogenic with potential to cause cancer as 22 suggested by European Commission Scientific Committee 23 and World Health Organizations. As a practicing 24 physician, I'm cognizant of increasing incidence of 25 malignancies in younger population in the recent 72 1 years. 2 Number three, solar panels with 3 inverters also cause noise and light pollution. The 4 inverters could cause noise of up to 45 decibels, 5 which can be accentuated to 70 decibels at night due 6 to the blowing wind mimicking the sound of a running 7 motorcycle, thus resulting in sleep disturbances. 8 As a practicing physician and a 9 psychiatrist, I'm fully aware of the disturbances in 10 sleep affecting mental health. Poor sleep leads to 11 depression, anxiety, poor focus and concentration 12 affecting the quality of life. Poor performance in 13 work due to lack of concentration can lead to 14 industrial accidents. 15 Number four, destruction of trees and 16 local vegetation can result in major contamination of 17 water as we all saw in the contamination of 18 Chattahoochee River in Alabama from solar farms 19 installation in 2018. 20 Number five, solar panels when 21 electrified can lead to fire hazard stretching the 22 local fire department's ability to extinguish fires, 23 thus possibly leading to deadly accidents in the 24 Pleasant Township neighborhood. 25 Due to the above reasons with 73 1 scientific basis, we the residents of Pleasant 2 Township very strongly oppose the building of solar 3 farms in Pleasant Township due to lack of its need, 4 interest, convenience and necessity. Thank you for 5 your attention to this matter. 6 JUDGE MARCELLETTI: Thank you for your 7 comments, sir. 8 Folks, if we could hold your applause, 9 we can get through this a bit quicker. And I know we 10 don't have AC really running, so I appreciate your 11 cooperation. 12 Any questions from Counsel? 13 MS. FLAHIVE: No, Your Honor. 14 JUDGE MARCELLETTI: No questions? 15 Doctor, do you have any -- thank you. 16 (Exhibit 10 was marked for 17 identification.) 18 JUDGE MARCELLETTI: Ms. Runkle, if you 19 want to come forward, and I have Ms. Sue Alig who will 20 be next on deck. 21 THE REPORTER: Okay. I thought you 22 gave me one but -- 23 JUDGE MARCELLETTI: Ms. Runkle, if 24 you'd please raise your right hand. Do you swear or 25 affirm that the testimony you are about to provide 74 1 will be the truth? 2 MS. RUNKLE: I do. 3 JUDGE MARCELLETTI: Great. If you 4 would please state and spell your name for the record? 5 MS. RUNKLE: Jenica Runkle, 6 J-E-N-I-C-A, R-U-N-K-L-E. I live at 1525 Somerlot 7 Hoffman Road East, Marion, Ohio 43302. 8 JUDGE MARCELLETTI: Do you live or work 9 within the project area, ma'am? 10 MS. RUNKLE: Yes, both. 11 JUDGE MARCELLETTI: Both you said? 12 Thank you. 13 MS. RUNKLE: Correct. 14 JUDGE MARCELLETTI: Are you a party to 15 this case as a member of the Concerned Citizens Group? 16 MS. RUNKLE: Correct. 17 JUDGE MARCELLETTI: But you are not an 18 individual intervener? 19 MS. RUNKLE: Correct. 20 JUDGE MARCELLETTI: Thank you. You may 21 proceed. thank you. 22 // 23 // 24 // 25 // 75 1 WHEREUPON, 2 JENICA RUNKLE, 3 called as a witness and having been first duly sworn 4 to tell the truth, the whole truth, and nothing but 5 the truth, was examined and testified as follows: 6 DIRECT STATEMENT 7 MS. RUNKLE: I here -- I stand here 8 tonight in opposition of proposal solar farm because 9 of my passion and my values for my community. I feel 10 that it is my duty as a Pleasant Township citizen to 11 help protect our community and our drinking water for 12 now and our future generations. 13 According to the Ohio Department of 14 Natural Resources, about 42 percent of Ohioans rely on 15 groundwater for drinking and use in their households, 16 both municipal and private wells in Ohio that make up 17 approximately 750,000 rural households that depend on 18 these private wells in Ohio. Seventy-two hundred of 19 these wells exist in Marion County. 20 Marion sits on top of a large carbonate 21 aquifer that feeds these wells and surrounding areas. 22 The replenish rate of the aquifer can be at a rate of 23 100 to 500 gallons per minute. The many 24 characteristics of the aquifer system in the state 25 makes groundwater highly vulnerable to contamination. 76 1 Because Marion County's shallow 2 groundwater and poor topsoil makes our area more 3 susceptible to groundwater contamination, if 4 environmental issues were to occur, then Marion would 5 be dealing with another huge devastating disaster and 6 won't have enough resources to control. This would 7 create a huge strain and inconvenience to our 8 emergency responders, roadways, and community. 9 As in the past, Marion County has had 10 more than one manmade disaster that has caused 11 repercussions still felt today. The need for further 12 protection and management of groundwater resources in 13 Ohio is high and often overlooked. Measures to 14 protect groundwater from contamination cost less and 15 create less impact on groundwater and community. 16 We have the right to clean water that 17 was established under the Clean Water Act of 1969. We 18 have the right to safe drinking water that was 19 established under the Safe Drinking Water that was 20 amended to the Clean Water Act in 1996. 21 We, the citizens of Pleasant Township, 22 do not want to be the next Cuyahoga County. We don't 23 want to be the next mistake on the lake. We have the 24 right to protect our watersheds in Ohio. Marion 25 County's watershed meets up with the Ohio River and 77 1 supplies drinking water to more than three million 2 people. Allowing a solar farm in a residential 3 agriculture area where environmental issues are sure 4 to arise will have long-lasting negative impacts to 5 our community as well as the rest of the state. 6 Solar panels are compromised [sic] of 7 PV cells that convert sunlight to electricity. These 8 solar panels use inverters that change the DC electric 9 current to AC. The term "dirty electricity" occurs 10 when the electricity is changed from the DC to AC. 11 Dirty electromagnetic energy can affect people and our 12 ecosystem. 13 One way it can affect is through our 14 water. It is well-known that water responds to 15 frequency and holds memory. While water does not 16 conduct electricity itself, it does make a convenient 17 superhighway for dirty particles of energy to travel 18 on. These solar inverters produce dirty energy that 19 travel through the ground and into our wells and 20 aquifers creating negative impact on our environment, 21 aquatic life, and surrounding area. 22 When these panels enter landfills and 23 contain toxic materials like lead that can leach out 24 as they break down, long-term effects from solar 25 toxicity have not had enough research done to know 78 1 what long-term health effects can cause on a human 2 body. 3 People who are hypersensitive to 4 electromagnetic interference often complain of 5 headaches, nausea, and brain fog, just to name a few. 6 This causes -- this is caused because the solar 7 inverters produce decibels at low-frequency 8 wavelengths that allow these waves to travel farther 9 distances and penetrate through anything. 10 Constant bombardment from solar 11 inverters will not only affect the human body but also 12 animals, aquatic life. Only recently are people 13 speaking up regarding negative impacts caused by the 14 electromagnetic interference. 15 In opposition to Chestnut Solar farm, 16 Pleasant Township has spoken. We, as a community, do 17 not want this eyesore in our backyard. The 18 overwhelming support from our community, the support 19 from our state representatives, our local and county 20 officials and surrounding counties it is clear. 21 Pleasant Township has said no to this solar farm. 22 Will you say no, too? 23 JUDGE MARCELLETTI: Thank you, 24 Ms. Runkle. 25 Questions from Counsel? 79 1 CROSS-EXAMINATION 2 BY MS. FLAHIVE: 3 Q Ms. Runkle, you have a well? 4 A Yes. 5 Q And your neighbors have wells? 6 A Yes. 7 Q Do you have a septic system? 8 A Yes. 9 Q Your neighbors have a septic system? 10 A Correct. 11 Q You understand that solar arrays are 12 constructed above the ground; true? 13 A I understand what you're trying to do is 14 contaminate our water system. No further comment. 15 JUDGE MARCELLETTI: Ma'am, please 16 answer the cross-examination question. Let Counsel 17 finish her cross-examination questions. Thank you. 18 MS. KUNKLE: Okay, got you. 19 BY MS. FLAHIVE: 20 Q Do you recall my question, ma'am? 21 A No comment. 22 MS. FLAHIVE: Will you instruct the 23 witness to please -- 24 JUDGE MARCELLETTI: Will you please 25 repeat your question, Counsel? 80 1 BY MS. FLAHIVE: 2 Q You're aware that solar arrays are 3 constructed above the ground, aren't you? 4 A I'm aware that the things that hold the 5 solar panels are in the ground. 6 Q And the solar arrays themselves are above 7 the ground; true? 8 A Your panels are. Yes. 9 Q Your well isn't contaminated currently, is 10 it? 11 A I don't know. Have you tested it? That's a 12 good question because John Neidhart likes to do things 13 he shouldn't. 14 Q So is it fair to say you're not aware of any 15 well contamination on your property? 16 A Not since last time I had to have it checked 17 because of John Neidhart. 18 Q Are you aware of anyone who has well 19 contamination on your road? 20 A Currently? 21 Q Currently. 22 A Not currently but I don't go around asking 23 either. 24 Q The land where the project is proposed as 25 agriculture has fertilizer applied; true? 81 1 A True. 2 Q Pesticides applied; true? 3 A True. 4 Q You understand how septic systems work? 5 A True. 6 Q And none of those wells, to your knowledge, 7 are contaminated; true? 8 A I'm not an expert so no comment. 9 MS. FLAHIVE: Nothing further. 10 JUDGE MARCELLETTI: Ms. Runkle, would 11 you like to give a copy of your remarks to the court 12 reporter? Thank you. 13 (Exhibit 11 was marked for 14 identification.) 15 MS. RUNKLE: Thank you. 16 JUDGE MARCELLETTI: Ms. Alig, if you 17 would like to come forward. 18 JUDGE MARCELLETTI: And I have next on 19 deck Ms. Sharon Lupica [ph]. 20 MS. LUPICA: I'll pass. 21 JUDGE MARCELLETTI: Okay. Thank you. 22 Mr. David Carpenter, if you want to be next on deck, 23 thank you. 24 One moment to adjust my mic. I can 25 hold it this way, Mike. It looks like it fell off. 82 1 THE REPORTER: I apologize. 2 JUDGE MARCELLETTI: I can just hold it 3 here. 4 THE REPORTER: There you go. That 5 spins on the -- 6 JUDGE MARCELLETTI: Thank you for your 7 patience, Ms. Alig. If you would raise your right 8 hand, do you swear or affirm that the testimony you 9 are about to provide is the truth? 10 MS. ALIG: Yes. 11 JUDGE MARCELLETTI: Thank you. Please 12 state and spell your name for the record. 13 MS. ALIG: My name is Susan Alig. Last 14 name is A-L-I-G. I live at 4432 Maple Grove Road, 15 Marion, Ohio 43302. 16 JUDGE MARCELLETTI: Do you reside or 17 work within the project area, ma'am? 18 MS. ALIG: Yes. I do. 19 JUDGE MARCELLETTI: Are you a party to 20 this case, slash, are you a member of the Concerned 21 Citizens Group, ma'am? 22 MS. ALIG: Yes. 23 JUDGE MARCELLETTI: And I'm sorry, 24 Ms. Alig, could you please clarify do you reside or 25 work? Which of the two, ma'am? 83 1 MS. ALIG: I reside. 2 JUDGE MARCELLETTI: Thank you. And 3 just to clarify, you are not an individual intervener 4 in this case; correct? 5 MS. ALIG: No. I'm not. 6 JUDGE MARCELLETTI: All right. Thank 7 you. You may proceed. 8 WHEREUPON, 9 SUSAN ALIG, 10 called as a witness and having been first duly sworn 11 to tell the truth, the whole truth, and nothing but 12 the truth, was examined and testified as follows: 13 DIRECT STATEMENT 14 MS. ALIG: We will butt up against the 15 solar farm where we live. I am against the solar farm 16 coming into our community. We are a community. Every 17 day we have people walking, running, and biking on our 18 roads. We support our schools. We help out our 19 neighbors. We beautify our properties. We do not 20 need an eyesore in our community with fencing and 21 barbed wire. 22 We live on a narrow road. If you pass 23 a school bus, delivery truck, large vehicles, you must 24 get on the grass. One side is steep. If you bring in 25 a solar farm, it will increase traffic. You only have 84 1 to drive this road to see this problem. 2 We also have countless wrecks on 23. I 3 feel this will cause more wrecks. They have closed 4 one road already, and Newman Cardington is next. 5 Barrier is in the ditch already. If we have this 6 eyesore out there, people are constantly looking. 7 We've had state trucks run in by cars driving not 8 paying attention, so that is going to add to it. 9 I will touch on the environment. In 10 Marion County, we have several game preserves and 11 watersheds to protect wildlife. We have one of the 12 biggest eagle nests I've seen. We also have one on 13 James Way over by the golf course within one mile from 14 our house. We have had six in our field behind our 15 house. We enjoy the many birds, deer, fox in the 16 woods. 17 We get a lot of runoff from the fields. 18 We also have wells and septics this will affect. We 19 don't need to bring more sickness to our county. 20 We've had the River Valley cancer issues that cause 21 losses and heartaches that will never go away. We 22 don't need a second one, This caused by stored 23 chemicals that leaked into waterways also. 24 We plan to grow our community. This 25 will stop that. We all know they'll want more ground. 85 1 They're trying to put more in our county and 2 surrounding ones. This is not a benefit to any of us. 3 Substations transferring power out. 4 Look at the size of one in Union County, and they want 5 more there. The state passed a Farm Bureau bill to 6 help keep agriculture in state. Now you want to pass 7 the opposite. If they lease ground, do they still get 8 lower taxes, which won't end up helping the schools. 9 Who will eventually feed our country? 10 Oak Run paper in here. They have 6,000 11 acres already taken. Now they want 6,050 more. 12 According to their thing, they said this will be 13 astronomical to the farms, the production. Acreage to 14 this kind of energy production, the prime farmland 15 taken out of production would be astronomical. We 16 need that food down the line here. Everything is 17 stressed right now. People are without food. We 18 don't need to lose more farm ground to this. 19 The cost comes down to us. We lose our 20 way of life, health, tax dollars. Our property values 21 are dropping the 25 percent. They bring in their own 22 workers, so it's not actually all hiring from here 23 because they bring their own in. After installation, 24 handful of workers only. 25 They say this increases temperatures. 86 1 Our electric bill is already higher. Now we have to 2 add on paying for this monstrosity. 3 Will we be able to get insurance on our 4 houses? Example, some are flood areas we can't get. 5 Are we going to have a problem with insurance on fire 6 if nobody knows how to put these out? 7 What happens to old panels, debris? 8 Are they left onsite? You might lease for 30 to 45 9 years, but the ground is worthless after. This is a 10 life investment we don't need or want. How will 11 reflections affect us? You say one affect for 1.5 12 miles away. We are not that distance. I have a 13 husband who suffers from severe migraines. What will 14 the electromagnetic waves add to this? 15 Were components made out of China? 16 China has not the same restrictions as the USA. We 17 don't know what we're getting in those materials 18 they're talking about. You look at the windfarms in 19 Logan County. Half don't work. The repair is too 20 costly, so they sit empty. 21 Jim Ganole [ph] this year said in 22 January we had 23 days out of the whole month that was 23 cloudy, so how is this going to help us? We also have 24 a paper here where these farms cause more tornadoes. 25 We had 33 in Ohio already this year. This guy that I 87 1 have the article on actually works for NASA. And he 2 tells in here where the solar farms will become 3 thunderstorm and tornado incubators and magnets for 4 us. He's also worked on all these. He also says it 5 will increase the heat in our areas. It'll also be 6 colder in winter. So we're not actually gaining. 7 We're losing more energy. 8 We also run two -- two sump pumps at 9 our house year-round because of the water. We sit on 10 like 10 inches where we live. 11 JUDGE MARCELLETTI: Thank you. Thank 12 you, Ms. Alig. If there are any more remarks you 13 would like to make, I tell you as well as the crowd, 14 you are welcome to file written comments in the case 15 docket, and you can talk to staff about that. 16 No questions from Counsel? Any 17 questions? 18 And my last question for you, ma'am, do 19 you have any paperwork? Thank you very much. 20 (Exhibit 12 was marked for 21 identification.) 22 MS. ALIG: I have questions in here 23 from you guys on the staff report we got that don't 24 match up with stuff. 25 JUDGE MARCELLETTI: Sure. 88 1 MS. ALIG: So I believe -- thank you. 2 JUDGE MARCELLETTI: After Mr. Carpenter 3 on deck, I have Ms. Emily Bamey [ph]? 4 MS. BARNEY: Barney. 5 JUDGE MARCELLETTI: Barney. Thank you. 6 We have all the equipment situated? 7 MR. CARPENTER: I hope so. Does it 8 work? 9 JUDGE MARCELLETTI: Excellent. Thank 10 you. Please raise your right hand, sir. Do you swear 11 or affirm that the testimony you are about to provide 12 will be the truth? 13 MR. CARPENTER: Yes. I do. 14 JUDGE MARCELLETTI: Thank you. Please 15 state and spell your name for the record. 16 MR. CARPENTER: My name is David 17 Carpenter, C-A-R-P-E-N-T-E-R. 18 JUDGE MARCELLETTI: And your address, 19 sir? 20 MR. CARPENTER: It's 607 Hills-Miller 21 Road, Delaware, Ohio. 22 JUDGE MARCELLETTI: Do you reside or 23 work within the project area? 24 MR. CARPENTER: Not as I think it seems 25 to be defined. I live in an affected area I would 89 1 argue but -- 2 JUDGE MARCELLETTI: Thank you. Are you 3 a party to this case and/or the Concerned Citizens 4 Group, sir? 5 MR. CARPENTER: No. I'm not. 6 JUDGE MARCELLETTI: Okay. Please 7 proceed. 8 WHEREUPON, 9 DAVID CARPENTER, 10 called as a witness and having been first duly sworn 11 to tell the truth, the whole truth, and nothing but 12 the truth, was examined and testified as follows: 13 DIRECT STATEMENT 14 MR. CARPENTER: I'm a retired research 15 engineer and educator. I have no financial interest 16 in this project. I have had solar on our houses for 17 24 hours and have quite a bit of experience with them. 18 I am here because Ohio is way behind 19 other states in renewable energy generation. We only 20 get 3 percent from renewables. National average is 21 about 23. Ohio needs to do its part in reducing our 22 dependence on fossil fuels to improve our economy, to 23 improve our national security, and to mitigate the 24 climate crisis. And we need to do all these things in 25 every community. There is a public need for this 90 1 facility because what are the alternatives? Fossil 2 fuels. 3 There is a lot of misinformation that I 4 have heard tonight. And a lot of it comes from 5 Citizens for Responsible Solar, a national group that 6 spreads misinformation about solar. I think people 7 should know that. 8 First of all, they don't make noise. 9 They don't release gases. They have no liquids in 10 them. No. They do not. A solar panel -- 11 JUDGE MARCELLETTI: I would like to 12 remind the audience, please, to be courteous as 13 everyone has been courteous for your testimony. 14 MR. CARPENTER: A solar panel consists 15 of glass, aluminum, plastic, and silicon wafer. 16 They're all solids. None of them leak. None of them 17 go anywhere. The only disturbance that solar has to 18 water flow and to the farmland itself is in the 19 concrete piers that hold the metal that holds the 20 rails. That's the only disturbance there is, a tiny 21 fraction probably of one percent of the light. Every 22 other form of development, whether you put in 23 warehouses or whatever else, they bulldoze the land. 24 They destroy the farmland. Solar farms do not destroy 25 farmland. In fact, they protect it. 91 1 I used to live -- 2 JUDGE MARCELLETTI: Please let the 3 witness testify. 4 MR. CARPENTER: I used to live on 5 frontage from Neidhart Farm here in Pleasant Township. 6 That land will never be farmed again. There's a house 7 there. Many of you live in houses that used to be 8 farmland. They will never be returned to farmland. 9 But in 35 years SB52 says this solar farm has to be 10 decommissioned. They have to take it off. They have 11 to recycle the panels, which they can. 12 And in the meantime, the land stays 13 intact. It's not subdivided. It's my understanding 14 that the Neidharts are of retirement age. What else 15 are they going to do for their land for income? But 16 that land stays intact. There are other alternatives 17 that are more destructive to your community, more 18 destructive. 19 Solar panels are spaced. They have to 20 be to get the sun. They have to be spaced out so 21 there's like panels and then two areas and then panels 22 again. So about one-third is covered with panels. 23 They could be farmed underneath them. It's called 24 "agrisolar." Look it up. And you think that's an oh, 25 my god, but 800 megawatts were just approved in 92 1 Madison County of agrisolar. It's a real thing. Look 2 it up. 3 And even if you don't, you're still 4 preserving the farmland for future use. Not only can 5 the land be farmed. The solar panels provide under 6 the panels a cooler environment so that crops can grow 7 there that would not otherwise grow in the harsh 8 direct sunlight. So you have more diversity that way. 9 You can farm between them. 10 You can put in -- if you don't want to 11 farm, you can put pollinators. You want to see 12 pollinators in a solar farm, and you want to see that 13 a solar farm doesn't produce gases and smoke and 14 noise? Go to Denison University and look at their 2.3 15 megawatt array. Those of you who are complaining 16 about how these solar panels are so awful, you need to 17 go visit a solar farm. They don't do these things. 18 We need this solar farm. We need all 19 solar farms to get off of fossil fuels. That is an 20 urgent need for all of us. And the misinformation 21 that you're being fed is coming from the fossil fuel 22 industry because they can't compete on a level 23 economic and environmental playing ground. So they're 24 misinforming people throughout the country and it's 25 sad. We need these solar arrays. We need more of 93 1 them. They don't stir groundwater. They don't poison 2 the groundwater, and they're not even ugly. 3 You know what is ugly that is 4 throughout this community surrounding that area? 5 Telephone poles. You've lived with them for years. 6 You've accepted them, and you're accustomed to them. 7 But they're the ugliest thing on God's earth. 8 Payments in lieu of taxes can provide 9 money to this community that is almost a free check 10 because solar fields require almost no maintenance. 11 If you're worried about your roads -- sorry. 12 JUDGE MARCELLETTI: Thank you, 13 Mr. Carpenter, for your remarks. 14 Cross-examination from Counsel? 15 MS. FLAHIVE: Yes, Your Honor. 16 CROSS-EXAMINATION 17 BY MS. FLAHIVE: 18 Q Thank you, Mr. Carpenter. Regarding some of 19 the impacts that you discussed, can you speak further 20 to whether like the road issues, the noise, those 21 types of activities are unique to a solar project? Or 22 are they common to all development? 23 A More -- other forms of development are more 24 disruptive, more noisy, more damage to, for example, 25 township roads, county roads, stuff like that because 94 1 most development has ongoing activity. A solar farm 2 does not. They require virtually no maintenance. 3 Q And so to the extent opponents of the 4 project are objecting to the temporary activity, what 5 is your response to that? 6 A I live in a community and work with a group 7 that has been fighting a housing development for the 8 past couple years, and the housing development is far 9 more disruptive. And it's just, I mean, the solar 10 development is so much easier to deal with. 11 Obviously, there's disruption to the community during 12 the construction phase. But after the construction 13 phase is over, you'll have virtually no disruption. 14 Q And that kind of disruption would happen if 15 a school was being constructed; true? 16 A Sure. A school has ongoing activity. Solar 17 panel does not. 18 MS. FLAHIVE: Nothing further. 19 JUDGE MARCELLETTI: Thank you. 20 Mr. Carpenter, do you have any copies for the court 21 reporter here? 22 MR. CARPENTER: No. I do not. 23 JUDGE MARCELLETTI: Okay. Thank you 24 for your remarks. 25 Ms. Barney, if you would step forward. 95 1 And I have Ms. Molly Szymkowiak? 2 MS. SZYMKOWIAK: Szymkowiak. 3 JUDGE MARCELLETTI: Okay. You will be 4 next, ma'am. Thank you. 5 Good evening. If you'd please raise 6 your right hand, do you swear or affirm that the 7 testimony you are about to provide will be the truth? 8 MS. BARNEY: Yes. I do. 9 JUDGE MARCELLETTI: Thank you. I will 10 know before I ask you for your name, you're going to 11 really have to project, ma'am. Okay? Please state 12 and spell your name for the record. 13 MS. BARNEY: Emily Barney, E-M-I-L-Y, 14 B-A-R-N-E-Y. 15 JUDGE MARCELLETTI: And your address 16 including the township, please? 17 MS. BARNEY: 1326 Somerlot Hoffman Road 18 East, and that is Pleasant Township. 19 JUDGE AGRANOFF: It might help if you 20 hold the microphone. 21 MS. BARNEY: I'm shaking a lot, so if I 22 hold it, I might drop it, so I will lean in. 23 JUDGE MARCELLETTI: Are you an 24 intervening party to this case? 25 MS. BARNEY: I am with Concerned 96 1 Citizens. I am not a personal intervener. 2 JUDGE MARCELLETTI: Thank you. You may 3 proceed, ma'am. 4 WHEREUPON, 5 EMILY BARNEY, 6 called as a witness and having been first duly sworn 7 to tell the truth, the whole truth, and nothing but 8 the truth, was examined and testified as follows: 9 DIRECT STATEMENT 10 MS. BARNEY: Okay. Our property has 11 plenty of drainage issues that this project would 12 heavily impact. We have picture of those, but I'm not 13 going to address that at this point because my husband 14 plans to do so as an intervener. 15 My understanding is that they need to 16 prove benefit to community. My hope tonight is to 17 share a picture of facts of the individuals that this 18 will affect negatively. 19 On a normal morning you can find me 20 looking out my front bay window or on my front porch 21 drinking coffee to open beautiful fields. That view 22 is one of the reasons I love my home the most. That 23 view will be taken if this solar project moves 24 forward. 25 They promised to surround the solar 97 1 panels by shrubs and arborvitae. But they will never 2 be able to beautify what will happen in front of my 3 home. Our home is directly adjacent to the laydown 4 area where the loud equipment will be stored and that 5 houses the entry and the main garage building to this 6 project. There's no beautifying that. And although I 7 could talk to you all evening about the disappointment 8 of losing that view, a view alone is not enough to ask 9 you to turn down this project. 10 My husband served for eight years as a 11 United States Marine. He worked diligently to save. 12 When we got married, he purchased our first house in 13 cash. Since then, we've been diligent and have worked 14 hard at a young age to remain debt-free in hopes to 15 pay off our mortgage young. 16 When we purchased this house, we used 17 that hard-earned savings to get ahead for our family. 18 With these solar panels, we will no longer desire to 19 live in our current home because of the sound that the 20 equipment causes, specifically because we are by the 21 garage, potential negative health effects that have 22 been mentioned this evening, the drainage issues that 23 we already have that will increase and, yes, the 24 change of scenery. 25 If we try to sell now prior to this 98 1 project happening or if we attempt to sell after this 2 project begins, we will have to disclose what's 3 happening around us. Knowing the Marion community, 4 specifically Pleasant Township, the solar project will 5 weigh heavy on any sale of our home. If an individual 6 does decide to purchase our house despite the panels, 7 our property value and home equity will be greatly 8 affected. 9 There are some things that you can't 10 get back. And building a life that we love in our 11 current home with our kids and a life savings of two 12 individuals who spent 14 years of marriage working 13 toward their family's financial success are a couple 14 of those things. We are asking you to vote no. 15 Please don't take that away from us. 16 JUDGE MARCELLETTI: Thank you for your 17 remarks, Ms. Barney. I apologize. I did not ask do 18 you live or work within the project area? 19 MS. BARNEY: So I would say I live in 20 it. I'm on the black line, but I don't know what that 21 means to her. So that's my answer. 22 JUDGE MARCELLETTI: Thank you. 23 Any clarification from Counsel? 24 // 25 // 99 1 CROSS-EXAMINATION 2 BY MS. FLAHIVE: 3 Q Before you built your house, did you have an 4 understanding -- 5 A We did not build. We bought, sorry. 6 Q Sorry. Let me clarify. Before you bought 7 your house, did you have an understanding of the 8 zoning resolution for the township? 9 A No. We were aware that it was surrounded by 10 agriculture, farming -- real farming -- and that was 11 our desire. 12 Q You didn't read the zoning resolution to 13 determine what kind of uses are allowed as a matter of 14 right on agricultural district land? 15 A No. I don't know many normal people that 16 do. 17 MS. FLAHIVE: Nothing further. 18 JUDGE MARCELLETTI: Ms. Barney, do you 19 have any documents? 20 MS. BARNEY: I don't. I'm sorry. 21 JUDGE MARCELLETTI: Thank you. 22 Ms. -- forgive me. 23 MS. SZYMKOWIAK: Szymkowiak. 24 JUDGE MARCELLETTI: Szymkowiak, thank 25 you. I have next on deck Mr. Josh Obenour, so you 100 1 will be on deck, sir. 2 Good evening. If you'd please raise 3 your right hand, do you swear or affirm that the 4 testimony you are about to provide will be the truth? 5 MS. SZYMKOWIAK: Yes. 6 JUDGE MARCELLETTI: I'm going to note 7 again like Ms. Barney you're going to really have to 8 project, ma'am, okay? 9 MS. SZYMKOWIAK: Yes. 10 JUDGE MARCELLETTI: If you could please 11 state and spell your name for the record? 12 MS. SZYMKOWIAK: Molly Szymkowiak, 13 M-O-L-L-Y, S-Z-Y-M-K-O-W-I-A-K. 14 JUDGE MARCELLETTI: And your address 15 including the township, please? 16 MS. SZYMKOWIAK: 1208 Somerlot Hoffman 17 Road East, Pleasant Township, Marion County, Ohio. 18 JUDGE MARCELLETTI: Do you reside or 19 work within the project area? 20 MS. SZYMKOWIAK: I work -- I live. 21 JUDGE MARCELLETTI: Thank you. Are you 22 a party to this case including the Concerned Citizens 23 Group? 24 MS. SZYMKOWIAK: The Concerned Citizens 25 Group. 101 1 JUDGE MARCELLETTI: And you're not an 2 individual intervener? 3 MS. SZYMKOWIAK: No. 4 JUDGE MARCELLETTI: Thank you. You may 5 proceed. 6 WHEREUPON, 7 MOLLY SZYMKOWIAK, 8 called as a witness and having been first duly sworn 9 to tell the truth, the whole truth, and nothing but 10 the truth, was examined and testified as follows: 11 DIRECT STATEMENT 12 MS. SZYMKOWIAK: Thank you. I am a 13 registered nurse at Marion General Hospital in the 14 special care nursery. I am here today wearing red in 15 the opposition of the Chestnut Solar project, and I 16 would like to talk about health and safety. 17 U.S. solar fires have tripled from 2018 18 to 2020. A European study found that more than one 19 quarter of their solar farm fires were caused by the 20 photovoltaic system itself, and they all produced 21 serious, difficult-to-extinguish fires that spread to 22 surrounding areas. 23 During and after the fire, the 24 photovoltaic system can produce liquid, solid, or 25 smoke emissions with dangerous levels of selenium, 102 1 cadmium, or lead endangering the responding 2 firefighters and first responders as well as the 3 people living near the site. 4 At least 35 tornadoes have occurred in 5 Ohio this year, well surpassing the yearly average of 6 22 and some producing one inch or larger hail. Solar 7 panels in Texas were recently destroyed by large hail. 8 When the solar panels are damaged, they can release 9 those same hazardous chemicals into the air, land, and 10 water systems putting everyone near the area at risk. 11 I can't even imagine the expanse of 12 chemical exposure if a tornado plowed through the 13 solar panels and deposited them throughout its path. 14 Solar farms in Las Vegas produced 40 to 70 tons of 15 dust during its construction. Despite receiving 16 nearly a quarter million dollars in fines for air 17 quality violations, they continued to be out of 18 compliance with no regard to the health of the people. 19 This decrease in the air quality can be 20 detrimental to anyone that already has breathing 21 issues such as asthma or COPD. Exposure to dust can 22 cause lung cancer and reproductive harm. 23 One homeowner next to a solar farm in 24 Florida commented that the constant whining sound 25 generated from the solar farm was unbelievably 103 1 unbearable. Their horses were constantly jittery and 2 on edge. I watched videos where the sound could be 3 heard up to two miles away when they were promised 4 that there wouldn't be any distinguishable sound. 5 Imagine the effect on domesticated 6 animals as well as the natural wildlife in the area. 7 The county dog pound and the Humane Society are only 8 just over half a mile away from the proposed site for 9 the inverters. Those animals are already stressed, 10 and we shouldn't stress them anymore but adding 11 unnecessary noise. 12 I live directly across from the 13 proposed area for the inverters. Most solar companies 14 state that they only run during the day so as not to 15 affect people's sleep at night. Well, guess what. 16 I'm a nightshift nurse, so I sleep during the day. 17 Sleep deprivation causes slower 18 response times, reduced alertness, attention, and 19 vigilance. I might not be able to respond to the best 20 of my ability in a life-or-death situation including 21 mothers and babies due to sleep deprivation when I'm 22 caring for your wife, children, grandchildren, 23 siblings, nieces, and nephews. 24 My husband, a police officer, works the 25 nightshift as well. He also needs to be able to 104 1 respond quickly in high-risk situations to provide 2 safety for our communities. 3 According to the American Farmland 4 Trust, 72 percent of Ohio's agricultural land is 5 considered nationally significant because it is best 6 suited for growing food and crops. Unfortunately, 7 according to the Census of Agriculture, Ohio lost more 8 than 300,000 acres of farmland from 2017 to 2022. As 9 of 6 p.m. today, there have been 224 babies born right 10 here in Marion County, and we are only one third of 11 the way through the year. And there's usually a boom 12 between September and November, thanks to winter 13 months and Valentine's Day. 14 If the loss of farmland continues at 15 the same pace, by the time those babies reach 16 adulthood in 2042, we can expect more than 1.3 million 17 additional acres lost. We need to advocate for those 18 babies by stopping or slowing down the loss of 19 agricultural land. If not, what kind of life are we 20 preparing for our children? No farmland, no food, and 21 no future. 22 And according to the Ohio Power Siting 23 Board website, at least 21 days to the public 24 information meeting the applicant must send a letter 25 to each affected property owner or tenant. Well, I 105 1 receive that letter, so I am in proposed zone. Thank 2 you. 3 JUDGE MARCELLETTI: Thank you for your 4 comments, ma'am. Do you have -- excuse me. 5 Does Counsel have any questions for the 6 witness? 7 MS. FLAHIVE: No, Your Honor. 8 JUDGE MARCELLETTI: Ms. Szymkowiak, do 9 you have copies? Excellent. 10 (Exhibit 15 was marked for 11 identification.) 12 Mr. Josh Obenour? 13 MR. OBENOUR: Obenour. 14 JUDGE MARCELLETTI: You'll be our last 15 witness to testify before we have a break, all right? 16 So please raise your right hand, sir. Do you swear or 17 affirm that the testimony you are about to provide 18 will be the truth? 19 MR. OBENOUR: I do. 20 JUDGE MARCELLETTI: If you can please 21 state and spell your name for the record? 22 MR. OBENOUR: Josh Obenour, 23 O-B-E-N-O-U-R. 24 JUDGE MARCELLETTI: And your address, 25 sir, including the township? 106 1 MR. OBENOUR: 887 Adams Shade, Marion, 2 Ohio 43302, Pleasant Township. In addition, Parcel 3 Number 250220002012. 4 JUDGE MARCELLETTI: Do you reside or 5 work within the project area? 6 MR. OBENOUR: Adjacent to the project 7 area and I do share a border with the project area. 8 JUDGE MARCELLETTI: Thank you, sir. 9 You may proceed. 10 JUDGE AGRANOFF: If I could just get a 11 clarification, you mentioned a parcel number and an 12 address? 13 MR. OBENOUR: Yes. 14 JUDGE AGRANOFF: Are those two 15 different properties? 16 MR. OBENOUR: Yes. 17 JUDGE AGRANOFF: And which one do you 18 reside at? 19 MR. OBENOUR: I reside at 887 Adams 20 Shade. The parcel is adjacent to the address. 21 JUDGE AGRANOFF: And what do you use 22 that parcel for? 23 MR. OBENOUR: Anything and everything 24 I'd like to on that property. 25 JUDGE AGRANOFF: Thank you. 107 1 MR. OBENOUR: Good? Okay. 2 WHEREUPON, 3 JOSH OBENOUR, 4 called as a witness and having been first duly sworn 5 to tell the truth, the whole truth, and nothing but 6 the truth, was examined and testified as follows: 7 DIRECT STATEMENT 8 MR. OBENOUR: Members of the Ohio Power 9 Siting Board, as a property owner that is directly 10 adjacent to the proposed solar farm, I am opposed to 11 this case. There are too many negatives that outweigh 12 any good the solar field could bring. Some of these 13 negatives include viewshed, noise, decreased property 14 values, drainage issues, and loss of farmland. 15 According to the staff report pursuant 16 to RC-4906.10(a)6, it will be the board's job to 17 determine if the facility will serve the public 18 interest, convenience, and necessity. As you have 19 heard and will hear tonight, this solar farm is not in 20 the best interests of the community. 21 When I read through the 63 pages of the 22 staff report, I found this paragraph should make your 23 decision quick and easy and put an end to this case 24 now and forever. Page 40 states, "Some local 25 opposition is not uncommon in many power generation 108 1 siting projects. But when observing and documenting 2 considerable opposition filed in the docket, staff 3 recognizes that in this proceeding the opposition has 4 been especially prominent and overwhelmingly one-sided 5 from the local government agencies and the citizens. 6 "The staff believes that the public 7 opposition will create negative impacts within the 8 local community. The staff believes that any benefits 9 to the local community are outweighed by the 10 overwhelmingly documented public opposition. And, 11 therefore, the project would not serve the public 12 interest, convenience, and necessity." 13 I would ask that the board side with 14 the staff report of investigation recommending denial 15 of certificate. Furthermore, I would ask that you 16 deny Chestnut Solar, LLC's expedited and partially 17 unopposed motion for stay. No matter what happens 18 with the Supreme Court Case Number 2023-1286, this 19 community will not change their views on the proposed 20 solar farm. We do not want this solar facility or any 21 others in our community. Thank you. 22 JUDGE MARCELLETTI: Questions from 23 Counsel? 24 // 25 // 109 1 CROSS-EXAMINATION 2 BY MS. FLAHIVE: 3 Q It sounds like when you purchased your 4 parcels, you were aware that the adjacent property was 5 zoned agricultural? 6 A I wasn't aware or not aware. 7 Q You were aware that it was being used for 8 agriculture? 9 A I bought the property, and I was not aware 10 or unaware of the agricultural land that is beside me, 11 that is adjacent to my property that I share a border 12 with. 13 Q So you wouldn't object to the construction 14 of a hog barn in the same place as the solar arrays? 15 A I would object. Yes. I would stand here 16 with my community members. If we were all together 17 against something, I would stand with them. 18 MS. FLAHIVE: Nothing further. 19 JUDGE MARCELLETTI: Thank you, 20 Mr. Obenour, and I know I have a copy of your 21 statement. Do you want me to give that? 22 (Exhibit 16 was marked for 23 identification.) 24 JUDGE MARCELLETTI: Folks, we are going 25 to take a break. We're going to come back at 7:05, 110 1 stretch legs, get some water. Thank you. 2 THE REPORTER: Going off the record at 3 6:56. 4 (Off the record.) 5 THE REPORTER: I'm on the record at 6 7:09 p.m. Thank you. We can continue. I apologize. 7 JUDGE AGRANOFF: Please raise your 8 right hand. Do you solemnly swear or affirm that the 9 testimony you're about to give in this proceeding is 10 the truth? 11 MS. EBLIN: Yes. 12 JUDGE AGRANOFF: Thank you. Please 13 state your full name and address for the record. 14 MS. EBLIN: Catherine Eblin, 3734 Maple 15 Grove Road, Pleasant Township, Marion, Ohio. 16 JUDGE AGRANOFF: Thank you. Are you an 17 intervener or a member of one of the intervener groups 18 in this proceeding? 19 MS. EBLIN: I am a member of the 20 Pleasant Concerned Citizens. 21 JUDGE AGRANOFF: Thank you. But you're 22 not an individual intervener. 23 MS. EBLIN: I am not an intervener. 24 JUDGE AGRANOFF: Thank you. And do you 25 live or work within the project area? 111 1 MS. EBLIN: Can you explain what the 2 project area is, please? 3 JUDGE AGRANOFF: Project area is that 4 which is defined by the application that was set forth 5 in this case. I can't give you the actual boundaries 6 per se but -- 7 MS. EBLIN: I work and live in the 8 area. 9 JUDGE AGRANOFF: Okay. Thank you. 10 Please proceed. 11 WHEREUPON, 12 CATHERINE EBLIN, 13 called as a witness and having been first duly sworn 14 to tell the truth, the whole truth, and nothing but 15 the truth, was examined and testified as follows: 16 DIRECT STATEMENT 17 MS. EBLIN: I emphatically oppose 18 Chestnut Solar, LLC, and Narenco's proposed utility 19 scale solar panel facility project. The Ohio Power 20 Siting Board mission statement declares, "Our mission 21 is to support sound energy policies that provide for 22 the installation of energy capacity and transmission 23 infrastructure for the benefit of the Ohio citizens 24 promoting the state's economic interests and 25 protecting the environment and land use." 112 1 Pleasant Township is not zoned 2 commercial or industrial in this particular area. It 3 is zoned agricultural. Merriam-WebsterDictionary.com 4 defines "agriculture" as "the science, art, or 5 practice of cultivating the soil, producing crops, and 6 raising livestock and at varying degrees the 7 preparation and marketing of the resulting products." 8 Therefore, this agriculturally zoned 9 area of land should not be permitted to be invaded by 10 a solar panel facility within this region. If the 11 OPSB votes for this, our area could be shamefully 12 transformed into an unpleasant township by Narenco and 13 Chestnut Solar for their greedy financial gain at 14 local residents' loss. 15 This proposed solar panel facility does 16 not protect the environment and land use. I've lived 17 in Marion all my life, and my childhood home is less 18 than two miles from where I live now. The proposed 19 unsightly solar panel facility area will be located on 20 what is now fertile farmland and would infringe upon 21 the aesthetic of our home and all of our neighbors' 22 homes. 23 This proposed solar facility is not 24 just on a farmer's property alone on a narrow rural 25 road. Our home on scenic Maple Grove Road along with 113 1 our neighbors' attractive home properties is literally 2 right next to those fields on that same narrow rural 3 road. Our neighborhood is habitually inundated 4 numerous times every year with flooding all around our 5 properties by seasonal rains and snowmelts due to 6 low-lying land and the drainage issues from the 7 farmer's field. 8 The field tiles will be further 9 degraded by Narenco and Chestnut Solar when they drill 10 into the ground to place the bases that hold the solar 11 panels in place. Chestnut Solar states that they will 12 pay for any damage they cause. So the company will 13 only do something if it gets way past an already 14 flooded point, which could feasibly ruin our homes and 15 property. 16 Another crucial point is that if these 17 solar panels leak or break whether due to fire, hail, 18 age, or other catastrophe, this will probably poison 19 the ground, air, and water locally for us, our 20 children, wildlife, and habitat. Regarding the OPSB 21 mission statement, this proposed installation will not 22 benefit Ohio citizens nor protect the environment or 23 land. 24 South Carolina-based Narenco's mission 25 statement declares, "Our mission is to create value 114 1 for the people we work with: you, our investors, our 2 clients, our landowners. We strive for excellence 3 because we know that's what our partners deserve." 4 This only shows concern to create value for their 5 investors, their clients, their landowners, which 6 would include Chestnut Solar, LLC. 7 Notice Narenco's concerns do not 8 include the farmer's neighbors, township citizens, or 9 the community of Marion. How would you like to wake 10 up every morning and look out the window of your home 11 only to be sickened by the view and hear the sound of 12 hundreds of disgusting solar panels instead of a nice 13 crop-growing farm field? 14 At a previous Chestnut Solar meeting, 15 Ben Friedell and his team from Narenco confirmed that 16 none of them live next to any solar panel facility. 17 Wow, they get to enjoy their nicely appropriate living 18 areas, but their greed shows they are willing to 19 invade and sacrifice our quiet beautiful area with 20 little regard for our families' well-being, our 21 properties, or our environment. 22 According to the Farmer's Almanac 23 website, Ohio is ranked number eight for the top town 24 cloudiest states. Therefore, the OPSB should realize 25 solar panel facilities do not support sound energy 115 1 policies that provide for the installation of energy 2 capacity and transmission infrastructure for the 3 benefit of Ohio citizens. 4 Our neighborhood, our community, our 5 Pleasant Township trustees, and our Marion County 6 commissioners are all unified and resolute in our 7 opposition to this proposed Chestnut Solar commercial 8 utility. Chestnut Solar's utility-scale facility does 9 not serve the public interest, convenience, or 10 necessity in Pleasant Township of Marion County. 11 I implore the Ohio Power Siting Board 12 to use common sense, abide by their mission statement, 13 and keep Pleasant Township true to its name by denying 14 Chestnut Solar and Narenco's case. 15 JUDGE AGRANOFF: No cross? 16 MS. FLAHIVE: No cross, Your Honor. 17 JUDGE AGRANOFF: Thank you. 18 Ms. Eblin, do you have any 19 documentation? 20 (Exhibit 17 was marked for 21 identification.) 22 THE REPORTER: Thank you. 23 JUDGE AGRANOFF: And I would point out 24 again for those of you who are still waiting to 25 testify that if testimony that you've heard thus far 116 1 more or less duplicates that which you were going to 2 be giving, you do have the opportunity to sign the 3 list that we have at the table in the back and 4 indicate your support for either the testimony in 5 favor or in opposition as an alternative to actually 6 testifying. 7 Next, we have Mr. Mark Eblin. 8 MR. EBLIN: Yes. 9 JUDGE AGRANOFF: If you could please 10 raise your right hand, do you solemnly swear that the 11 testimony you're about to give in this proceeding is 12 the truth? 13 MR. EBLIN: Yes. I do. 14 JUDGE AGRANOFF: Thank you. Please 15 state your full name and address for the record. 16 MR. EBLIN: Mark Eblin, 3734 Maple 17 Grove Road, Marion, Ohio. 18 JUDGE AGRANOFF: Thank you. And do you 19 live in a township? 20 MR. EBLIN: Yes. 21 JUDGE AGRANOFF: Which one? 22 MR. EBLIN: Pleasant. 23 JUDGE AGRANOFF: Thank you. And are 24 you a member of the Concerned Citizens Group? 25 MR. EBLIN: Yes. I am. 117 1 JUDGE AGRANOFF: Are you an intervener 2 as an individual? 3 MR. EBLIN: No. 4 JUDGE AGRANOFF: And at this time 5 proceed with your testimony. 6 WHEREUPON, 7 MARK EBLIN, 8 called as a witness and having been first duly sworn 9 to tell the truth, the whole truth, and nothing but 10 the truth, was examined and testified as follows: 11 DIRECT STATEMENT 12 MR. EBLIN: Okay. Thank you. I'm here 13 today to speak in strong opposition to the proposed 14 Chestnut Solar project. My family moved to Maple 15 Grove Road years ago, specifically because of the 16 serene, pleasant environment. 17 If the Chestnut Solar Project were to 18 be approved, Pleasant Township could quickly transform 19 into a very unpleasant township for the sake of 20 generating business profits at the expense of the 21 rural residents. For example, flooding, drainage, 22 loss of wildlife habitat, fire hazards, safety 23 concerns, short- and long-term health effects, noise 24 from inverters, toxic runoff, strain on emergency 25 services -- the list is long. 118 1 Okay. Chestnut Solar project would 2 degrade our beautiful community against the wishes of 3 the local people who have lived here for many 4 generations. Our local residents are distressed -- 5 distressed at the thought of this project and are 6 vehemently opposing the degradation of our local 7 residential area. 8 While on your own property, would you 9 like to look out your windows and have two, three, or 10 all sides of your home surrounded by a large solar 11 array? Of course not. And neither would we. Over 12 many years and decades, many of us have invested 13 hundreds of thousands of dollars in our homes. 14 Allowing the installation of a 15 utility-scale solar panel facility around, beside, in 16 back of our homes does not serve the public interest, 17 convenience, or necessity in the Pleasant Township of 18 Marion County. You may have noticed in various maps 19 of the solar project that it's difficult to ascertain 20 where the family homes are located and how close they 21 are to the proposed utility scale solar farms. 22 So just in case you're under the 23 illusion that this project would be built out in the 24 middle of a farmer's field totally out of sight, you 25 can't hear it, I provided an exhibit of pictures that 119 1 were emailed to the OPSB on April 9th that clearly 2 illustrates the types of family homes in our 3 neighborhood. And those are all contiguous to the 4 field where the proposed panels are planned. 5 These pictures are just a small sample 6 of the numerous homes in this terrible situation. I 7 brought extra copies tonight if you'd like one. Note 8 there are families living in these homes. I repeat, 9 families living in these homes. And they're counting 10 on you to vote against allowing a company to set up a 11 utility-scale -- not normal solar panels -- 12 utility-scale panels right outside our back porches, 13 patios of our homes. 14 We're not talking about industrial area 15 or commercially zoned area. We're talking about a 16 residential neighborhood. Many people in this 17 neighborhood refer to these as our "dream homes" as 18 you've heard earlier tonight. And we've spent years 19 investing in these properties, raising our children 20 here, and are counting in being able to retire here in 21 a peaceful Pleasant Township. As you can imagine, 22 many of us have children playing in the yard and don't 23 want our families subjected to these hazards of a 24 commercial utility business within this close 25 proximity of where we live. 120 1 We use well water. That's been 2 established over and over. That would be directly 3 draining off the surfaces of these solar panels. Now, 4 we know they'll say they're manufactured and they're 5 closed. Okay, great. How easy would it be for some 6 of our ongoing strong Ohio weather events to break 7 open some of these surfaces opposing -- exposing 8 families to hazardous lead, cadmium, and other toxic 9 materials? And how long would the leak go possibly 10 unnoticed while we're all drinking the water and on 11 and on? 12 The noise generated from these 13 inverters can be heard at quite a distance and could 14 have a devastating impact on people living too close 15 to this commercial operation. As we heard earlier 16 from a doctor, this could have psychological impacts. 17 Think about these serious health 18 hazards for just a minute. And then ask yourself why 19 any reasonable person would ever grant a request that 20 goes against virtually all the local residents' 21 wishes, goes against the Pleasant Township Trustees 22 and against the Marion County Commissioners who all 23 voted against this project. 24 Because of these points and many, many 25 others, I urge you to decisively reject Chestnut Solar 121 1 and out-of-state Narenco's ridiculous request to place 2 utility commercial solar project right literally in 3 our backyards of our home. We're counting on you to 4 do the right thing. Thank you. 5 JUDGE AGRANOFF: Mr. Eblin, if I could 6 just get one point of clarification before we have 7 cross, do you live and/or work within the project 8 area? 9 MR. EBLIN: Yes, both. 10 JUDGE AGRANOFF: Thank you. 11 CROSS-EXAMINATION 12 BY MS. FLAHIVE: 13 Q Mr. Eblin, it sounds like you would oppose 14 the construction of a large hog barn on the property 15 behind your house; true? 16 A I think we've heard this question before. 17 Q So can you answer yes or no today? 18 JUDGE AGRANOFF: Please answer the 19 question. 20 THE WITNESS: Yes. I would. 21 BY MS. FLAHIVE: 22 Q You would oppose it? 23 A Right. 24 Q So you're not aware that that's a use that's 25 already permitted as a matter of right? 122 1 A No. I'm not aware of it, but I would oppose 2 it. 3 MS. FLAHIVE: Nothing further. 4 JUDGE MARCELLETTI: We have the copy? 5 MR. EBLIN: Yes. I already turned it 6 in. 7 JUDGE MARCELLETTI: Okay. 8 (Exhibit 18 was marked for 9 identification.) 10 JUDGE AGRANOFF: Thank you. 11 Next, we have Trina Traynor and on deck 12 is Gus Comstock. 13 Please raise your right hand. Do you 14 solemnly swear or affirm that the testimony you're 15 about to give in these proceedings is the truth? 16 MS. TRAYNOR: Yes. I do. 17 JUDGE AGRANOFF: Thank you. Please 18 state your full name and address for the record. 19 MS. TRAYNOR: Trina Traynor, 92 Crab 20 Apple Court, Howard, Ohio. 21 JUDGE AGRANOFF: And do you live in the 22 township? 23 MS. TRAYNOR: No. Nope, I don't. 24 JUDGE AGRANOFF: And do you live or 25 work within the project area? 123 1 MS. TRAYNOR: No. I don't. 2 JUDGE AGRANOFF: And are you a member 3 of one of the intervener groups? 4 MS. TRAYNOR: No. 5 JUDGE AGRANOFF: Are you an individual 6 intervener? 7 MS. TRAYNOR: No. 8 JUDGE AGRANOFF: Okay. Please proceed. 9 WHEREUPON, 10 TRINA TRAYNOR, 11 called as a witness and having been first duly sworn 12 to tell the truth, the whole truth, and nothing but 13 the truth, was examined and testified as follows: 14 DIRECT STATEMENT 15 MS. TRAYNOR: All right. First thing I 16 want to do is let everyone hear what an inverter 17 sounds like because it's really cool. 18 Okay. That's an inverter sound that, 19 hopefully, you won't ever have to hear. Now, let me 20 get my speech up. 21 First, I would like to say that I am 22 adamantly opposed to the project. Tonight I'm going 23 to talk about governmental infrastructure because 24 solar projects across Ohio are government 25 infrastructure. I lived in Marion County for my 124 1 entire life until my life was changed forever. 2 On January 10, 1997, lack of care of 3 infrastructure killed my husband and daughter. Last 4 week would've been my 37th wedding anniversary, and 5 today is my daughter's 32nd birthday. But instead of 6 celebrating it, I'm here to protect you. 7 I'm here as a mother and a wife. And I 8 know you're sitting up here today for formality. But 9 honestly, there's not one Power Siting Board member 10 here today just so you know. No one showed up for 11 you. So I want you to hear me and understand the 12 reality that my husband and daughter would be here 13 today if infrastructure was taken care of in the state 14 of Ohio. 15 The industrial solar farms are 16 governmental infrastructure, and the push is on to 17 develop this quickly throughout our state. They will 18 not be cared for for the next 40 years, I'm telling 19 you. You can write anything you want about how they 20 will take care of their construction and beyond. But 21 I -- I've seen firsthand, and I've visited many of 22 these solar projects. And it's not reality, folks. 23 In the 2024 Raptor Maps annual solar 24 report, the number one concern for solar developers 25 was skilled labor. Forty-four percent of the skilled 125 1 labor -- 44 percent of the developers said that they 2 don't have skilled labor to develop these solar 3 projects. So that constitutes to one out of every -- 4 every two people that are constructing these don't 5 know what they're doing. 6 This is extremely concerning. 7 Installation and care for the solar fields that are 8 aboveground and susceptible to weather is frightening 9 in this climate. If we fail at -- we'll fail at some 10 point. And the neighbors -- one of your neighbors 11 will be sure to become the next victims. How many 12 more lives would you like to take from this county? 13 I'm asking all of you on the stage and 14 the board members because, you know, I guess maybe 15 they'll hear this -- probably not. As a wife and a 16 mother, I implore you to think about this newly formed 17 infrastructure that we know very little about. You 18 can read any article you'd like for or against. And 19 the reality is we are operating in uncharted waters. 20 Government subsidies are only promised 21 based on who's in office. These projects will see ten 22 presidents with ten ideas, whether or not they will 23 continue the subsidies. So what happens to our school 24 money and all that was promised if they don't? We may 25 never recover, and all of our taxpayer money will go 126 1 to waste. 2 Once again, I'm imploring you to do -- 3 to really look at what you're doing. Please think of 4 the lives of the citizens of Marion County and all 5 over Ohio. And just think about this: If you can 6 promise that this solar field will not harm the 7 citizens of Marion County, I will promise you that 8 Santa Claus is real. Thank you. 9 JUDGE AGRANOFF: No cross? 10 MS. FLAHIVE: No cross, Your Honor. 11 Next, we have Gus Comstock. And on 12 deck I believe it's Matt Russell? 13 Please raise your right hand. Do you 14 solemnly swear or affirm that the testimony you're 15 about to give this proceeding is the truth? 16 MR. COMSTOCK: Yes. 17 JUDGE AGRANOFF: Please state your full 18 name and address for the record. 19 MR. COMSTOCK: Gus Comstock, 179 Flint 20 Rock Drive, Delaware, Ohio. 21 JUDGE AGRANOFF: And do you live in the 22 township? 23 MR. COMSTOCK: No. 24 JUDGE AGRANOFF: Do you live within the 25 project area or work in the project area? 127 1 MR. COMSTOCK: No. 2 JUDGE AGRANOFF: Are you a member of 3 the Concerned Citizens intervener group? 4 MR. COMSTOCK: No. 5 JUDGE AGRANOFF: Are you an individual 6 intervener in this proceeding? 7 MR. COMSTOCK: No. 8 JUDGE AGRANOFF: Please proceed. 9 MR. COMSTOCK: Thank you. 10 WHEREUPON, 11 GUS COMSTOCK, 12 called as a witness and having been first duly sworn 13 to tell the truth, the whole truth, and nothing but 14 the truth, was examined and testified as follows: 15 DIRECT STATEMENT 16 MR. COMSTOCK: Again, my name is Gus 17 Comstock, and I'm the director of Marion CAN DO! 18 We're the city and county's non-profit economic 19 development agency. Recently, the Marion CAN DO! 20 board decided not to take a position on the Chestnut 21 Solar project or solar projects in general much like 22 the Ohio Farm Bureau. 23 Personally, I'm not for or against this 24 project. I appreciate you thoroughly investigating 25 and making an informed decision, which I know that you 128 1 will do. I've reviewed the Chestnut Solar 2 application. 3 You may know that many Marion 4 manufacturers have undergone modernization to cut back 5 on energy consumption. The county approved a 6 100-megawatt solar farm on the north side of Marion. 7 Also, two Marion companies have invested in 8 alternative sources of energy. Whirlpool Marion has 9 three wind turbines, and POET Bioethanol has two steam 10 turbines. Savion Shell plans to start construction on 11 their solar farm quarter four this year. 12 Marion CAN DO! and our partners, which 13 include workforce administrators, landowners, 14 planners, and utility companies, have spent the last 15 year and a half developing shell-ready sites for 16 JobsOhio. JobsOhio promotes these sites for Intel, 17 Honda EV, and other manufacturing suppliers looking 18 for premier sites. 19 We are proud that in the 11-county 20 One Columbus economic development region about 21 20 percent or 5 of these sites are in Marion. Many 22 suppliers to these companies, especially Asian and 23 European companies, prefer communities embrace carbon 24 neutrality. 25 While I'm not for or against the 129 1 Chestnut project, I know that you will make decisions 2 to keep Ohio and Marion a competitive state and 3 community that can attract the best employees and 4 companies. Thank you. 5 JUDGE AGRANOFF: Cross-examination? 6 CROSS-EXAMINATION 7 BY MS. FLAHIVE: 8 Q Mr. Comstock, if I heard your testimony 9 correctly, you reviewed the application? 10 A Correct. 11 Q Have you had a chance to review the staff 12 report? 13 A No. 14 Q In the application, were you able to 15 understand a lot of the technical information the 16 applicant provided? 17 A Yes. 18 Q Is that kind of information important in the 19 bigger picture to developers considering Central Ohio? 20 A Yes. 21 Q How so? 22 A Well, they want to know what type of land 23 is, what the geotechnical study showed, things like 24 that. 25 Q And do you have concern if the Power Siting 130 1 Board were to deny the project? 2 A No. 3 Q Do you have concern if the assessment by the 4 Ohio Power Siting Board relates to the popularity of a 5 project aside from the technical analysis? 6 A No. 7 Q So when it comes to the developers who are 8 considering Marion, is the culture of Marion County 9 when it comes to renewable projects important? 10 A Yes. 11 MS. FLAHIVE: Nothing further. 12 JUDGE AGRANOFF: Thank you. If you 13 could please hand that letter to the court reporter? 14 THE REPORTER: Thank you. 15 JUDGE AGRANOFF: And I assume it has 16 your name on it? 17 MR. COMSTOCK: Yes, sir. 18 JUDGE AGRANOFF: Okay. Thank you. 19 (Exhibit UM was marked for 20 identification.) 21 Next, we have Matt -- I believe it's 22 Russell or Russeel? Looks like R-U-S-S-E-E-L? The 23 address is 1909 Allen. I can't make that out. We'll 24 assume he's not here. 25 Next is Nancy McDaniel, and on deck 131 1 would be Evie Collins. 2 THE REPORTER: You said McDaniel? 3 JUDGE AGRANOFF: McDaniel, yes. 4 THE REPORTER: Thank you. 5 JUDGE AGRANOFF: Please raise your 6 right hand. Do you solemnly swear or affirm that the 7 testimony you're about to give in this proceeding is 8 the truth? 9 MS. MCDANIEL: I do. 10 JUDGE AGRANOFF: Thank you. Please 11 state your full name and address for the record. 12 MS. MCDANIEL: Nancy McDaniel, 13 3845 Maple Grove Road, Marion, Ohio. 14 JUDGE AGRANOFF: Do you live in a 15 township? 16 MS. MCDANIEL: Pleasant Township. 17 JUDGE AGRANOFF: And do you reside or 18 work within the project area? 19 MS. MCDANIEL: I reside within it. 20 JUDGE AGRANOFF: Thank you. And are you 21 a member of the Concerned Citizens intervening group? 22 MS. MCDANIEL: I am. 23 JUDGE AGRANOFF: And are you also an 24 individual intervener? 25 MS. MCDANIEL: No. 132 1 JUDGE AGRANOFF: Okay. Please proceed 2 with your testimony. 3 WHEREUPON, 4 NANCY MCDANIEL, 5 called as a witness and having been first duly sworn 6 to tell the truth, the whole truth, and nothing but 7 the truth, was examined and testified as follows: 8 DIRECT STATEMENT 9 MS. MCDANIEL: I support solar farms 10 when they're located on rooftops, brown fields, 11 hazardous waste sites, industrial sites, and the top 12 floors of parking garages. Solar farms do more harm 13 than good in locations where they ruin communities, 14 destroy farmland and quality of life, such as the 15 Chestnut Solar project will do if approved. 16 Under the Ohio revised code, it states 17 that the facility will serve the public interest, 18 convenience, and necessity. This project does not do 19 that. Public interest. Obviously, the public 20 interest -- it's not in the public's interest. We've 21 proven that time and time again. 22 Convenience. It's just the opposite. 23 Think of the construction phase. That alone would 24 leave our roadways damaged and heavily congested, dust 25 all over our homes and in our swimming pools. It 133 1 would drive us indoors. It would be unsafe for 2 walking, jogging, pushing strollers, and riding bikes, 3 all popular neighborhood activities. 4 Upon completion, imagine how depressing 5 it would be getting up every morning to look at 404 6 acres of solar panels. A solar farm is as 7 mood-lifting as a terminal disease. Another major 8 inconvenience is the constant irritating, unpleasant 9 noise solar farms generate and could easily drive a 10 person insane as we've heard an example tonight. 11 To say the increased flooding and 12 drainage issues in the area would be a major 13 inconvenience is an understatement. The proposed site 14 has always had flooding and drainage issues. These 15 issues have worsened and spread to most residences on 16 Maple Grove Road. 17 Before a hard rain, my front yard is 18 dry. After, I have water as much as 50 feet wide in 19 places and up to 3 feet deep, rushing. In my backyard 20 there is a creek which goes from 6 inches deep before 21 the rain to 3 to 5 feet deep after. 22 Kyle Loper from Marion County Soil and 23 Water told me the addition of a few homes on Maple 24 Grove Road was contributing -- was a contributing 25 factor to the increased flooding. He said the houses 134 1 built in later years take up land the water used to be 2 able to soak into. 3 If the addition of a handful of homes 4 can cause this much problem, how much more flooding 5 will 408 acres of solar panels acting like a roof and 6 preventing the rain from soaking into the ground make? 7 Furthermore, the flow of the current field tile will 8 be severely compromised -- another inconvenience. 9 We do not have safe ways to fight solar 10 farms. Should we have a solar farm fire, I pray it 11 does not end like East Palestine. Clint Canterbury, 12 Pleasant Township Fire Chief, wrote a letter to the 13 OPSB. He stated, "Our fire department would receive 14 approximately $38,265 additional funds annually from 15 this project." He detailed why this could not begin 16 to cover the expense required to be able to fight a 17 solar farm fire. 18 Then we talk about necessity. 19 Absolutely not. Starving people are a necessity. We 20 have -- food is a necessity. We're not running out of 21 energy. U.S. farmland fell by 20.1 million acres 22 between 2017 and 2022 and continues to disappear. 23 That is equal to 7.65 acres a minute over the 24 five-year timeframe. 25 Solar farms require more acres of land 135 1 than any other form of energy. We cannot afford to 2 continue to lose farmland at the present pace. At a 3 time when we should be producing more food, we are 4 rapidly getting rid of farmland. 5 We also need jobs. We have a gentleman 6 here from the carpenters union. And he said at one 7 time in his remarks 130 jobs and another 200 would be 8 brought in with this. What he failed to tell you was 9 those are through the construction phase. Then they 10 just disappear. 11 However, farming -- the agricultural 12 community -- is 10.4 percent of the total jobs in this 13 country. So if you're going to decrease the farmland, 14 you're going to decrease those jobs. What are you 15 going to replace them with? I guess I'm done. 16 JUDGE AGRANOFF: Thank you for your 17 testimony. 18 MS. MCDANIEL: You're welcome. 19 JUDGE AGRANOFF: You certainly do have 20 the opportunity to file any letters in the public 21 comment section of our commission docket. 22 MS. MCDANIEL: Okay. Did you want 23 copies of what I said? 24 JUDGE AGRANOFF: You certainly can 25 provide that to the court report, and make sure that 136 1 your name is clearly on there. 2 (Exhibit 21 was marked for 3 identification.) 4 MS. MCDANIEL: How many? 5 JUDGE AGRANOFF: We just need one. 6 MS. MCDANIEL: How many? 7 JUDGE MARCELLETTI: Just one is fine. 8 MS. MCDANIEL: Okay. 9 JUDGE AGRANOFF: Thank you. 10 MS. MCDANIEL: You're welcome. 11 JUDGE AGRANOFF: Any cross-examination? 12 MS. FLAHIVE: No, Your Honor. 13 JUDGE AGRANOFF: Thank you. 14 Next, we have Evie Collins, and on deck 15 is Bev Ford. 16 Please raise your right hand. Do you 17 solemnly swear or affirm that the testimony you're 18 about to give in this proceeding is the truth? 19 MS. COLLINS: Yes. 20 JUDGE AGRANOFF: Thank you. Please 21 state your full name and address for the record. 22 MS. COLLINS: My name is Evie Collins, 23 E-V-I-E, C-O-L-L-I-N-S. I live at 3902 Maple Grove 24 Road, Pleasant Township, Marion, Ohio 43302. 25 JUDGE AGRANOFF: Thank you. And do you 137 1 live or work within the project area? 2 MS. COLLINS: Well, not sure how she 3 defines the project area, but my property butts up 4 against the Neidhart farm, so therefore, my property 5 will touch the solar property essentially. 6 JUDGE AGRANOFF: And are you a member 7 of the Concerned Citizens intervening group? 8 MS. COLLINS: Not of the intervening 9 group but I'm a member of the concerned Pleasant 10 Township committee. I'm not an individual member. 11 JUDGE AGRANOFF: Okay. Thank you. 12 Please proceed with your testimony. 13 WHEREUPON, 14 EVIE COLLINS, 15 called as a witness and having been first duly sworn 16 to tell the truth, the whole truth, and nothing but 17 the truth, was examined and testified as follows: 18 DIRECT STATEMENT 19 MS. COLLINS: I request that you oppose 20 the Chestnut Solar project and do not permit its 21 construction. There are approximately 38 homes that 22 have property directly next to the proposed location. 23 Include all of the other homes on the west side of 24 Maple Grove Road and the homes in Southern Estates. 25 All of those homes are at risk of losing property 138 1 value. And as a result, hundreds of residents have 2 significant potential in losing their largest lifetime 3 financial investment. 4 Pleasant Township is a sought-after 5 area for residential living, good schools, nice homes, 6 and a better life. This project will not only take 7 away good housing options but will also put many of 8 those close proximity homes at risk of water and sewer 9 damage. You cannot in good faith allow this project 10 to go in and jeopardize the surrounding neighbors. 11 Solar does not have a place in this 12 specific proposed location. It is the wrong location. 13 Large solar production facilities do not belong near 14 this many homes. Our township worked with our 15 community and passed zoning saying no solar production 16 under 50 megawatts. And our county commissioners 17 passed zoning thanks to Senate Bill 52, nothing 50 18 megawatts or more in Pleasant Township. 19 So many people have said no up until 20 this point. Please listen to the people who live in 21 this community. We don't want this project. We don't 22 want solar in our township. Our elected officials 23 have said the same. Please stop Chestnut Solar and do 24 not permit construction of this project. 25 Reasons I am in opposition of this 139 1 project: for the homes that will be placed at risk 2 for losing property value due to aesthetics and 3 environmental concerns; for the hardworking people who 4 will have a difficult time selling their homes in the 5 future if this project goes in. I've heard of housing 6 contracts falling through in other counties due to the 7 impending solar projects, again, due to changing 8 aesthetics and fear of environmental concerns; the 9 sewer and water damage that will come from many 10 homeowners in Maple Grove Road. 11 On June 21, 2021, Dave Neidhart who 12 owns the land where the proposed solar project could 13 be located, in a township meeting -- minutes are 14 recorded -- stated that he was not pursuing solar 15 production anymore due to the fact that the solar 16 company was not addressing the water issues. This 17 tells me the solar company doesn't authentically care 18 about the residents. 19 The damage to the nearby roads, yes, 20 all of that equipment and the trucks will create 21 significant damage to the roads. How scary is it that 22 much prime farmland is being scooped up by these solar 23 production companies who have no true appreciation or 24 care for the communities they invade? 25 Pleasant Township is the wrong 140 1 community for solar production of any size. Many of 2 these solar production companies do not replace panels 3 for months when they become cracked or damaged. 4 Depending on the panel, toxins can leak into the soil 5 and water tables. 6 We've had two vehicles in the past few 7 years who have driven through the farm fields where 8 the proposed solar panels would be. One was a 9 semitruck who went off road on Route 23, and another 10 was a suspicious suspect fleeing the neighborhood. 11 Had those panels been there, there likely would have 12 been a tragic fire causing much damage, which leads me 13 to my next point. 14 Our township fire department is not 15 equipped or trained to handle such an incident, 16 putting many homes and properties at risk if there 17 were to be significant fire. 18 What would this production facility and 19 all the negative that comes with it do to homeowners' 20 insurance policies? What will be required of them to 21 sewage, flooding, water damage, et cetera? And those 22 residents will have to pay, not the solar company who 23 caused the problems. 24 There are plenty of other places in 25 Marion County where a project of this size would 141 1 affect this many houses. There are other townships 2 that are fine with the solar production coming in. If 3 Chestnut Solar wants to be a good community partner, 4 they can get out of Pleasant Township. 5 Our trustees have said no. Our 6 commissioners have said no. Local agencies have said 7 no. It is time for the Ohio Power Siting Board to say 8 no. As stated, there have been many voices of 9 opposition, not just today, but for many months and 10 years, so many voices. It is loud. 11 Do not let your ears become deaf to 12 these voices, who have worked tirelessly for months to 13 stop solar in our township. The community has spoken 14 over and over and over again. We said no. We say no 15 today, and we will continue to say no. In my closure, 16 I respectfully beg you to stop the Chestnut Solar 17 project and end this once and for all for the people 18 of this community who actually live here. 19 JUDGE AGRANOFF: Cross? 20 CROSS-EXAMINATION 21 BY MS. FLAHIVE: 22 Q Ms. Collins, I have a few questions about 23 the discussion you referenced with the county drainage 24 authority. Did I hear you correctly? 25 A No. I did not discuss anything about the 142 1 county drainage authority. 2 Q Did you bring any concerns regarding the 3 drainage to the county? 4 A So in our conversations with county 5 trustees, yes, I did. 6 Q So you expressed to the township trustees 7 that there needed to be a civil engineering solution 8 to mitigate the flooding that your property was 9 experiencing? 10 A I did not say anything about that. No. 11 Q You didn't request relief from the township 12 trustees relative to the flooding? 13 A I do not remember having that conversation. 14 If you have something in writing, I'd be happy to 15 review it. 16 Q You didn't request additional drainage to be 17 put in by the county for your property? 18 A So we were assessed a fee. The people that 19 live on Maple Grove Road were assessed a fee. We 20 didn't have a choice to my understanding. There 21 was -- I can't remember the name of the culvert, but 22 we were all tax assessed for that and had to pay into 23 it for things to get fixed. 24 Q And that culvert was installed? 25 UNIDENTIFIED SPEAKER: It wasn't 143 1 approved. 2 THE WITNESS: Okay. It wasn't 3 approved. 4 BY MS. FLAHIVE: 5 Q It was not approved because the project 6 would be providing civil engineering solution that 7 would fix the drainage; true? 8 A I do not know that answer. I cannot comment 9 because I do not know the answer. 10 MS. FLAHIVE: Nothing further. 11 JUDGE AGRANOFF: Do you have any 12 additional documentation? 13 MS. COLLINS: I have my speech, but I 14 have made edits to it throughout this evening, so I 15 don't know if that matters or not. 16 JUDGE AGRANOFF: You could provide that 17 to the court reporter. 18 (Exhibit 22 was marked for 19 identification.) 20 MS. COLLINS: Okay. Oh, I do have one 21 clarifying point. So on the information that you 22 passed out this evening you referenced Pleasant 23 Township and Marion County, and that is incorrect. So 24 I don't know what value this bears in any kind of 25 legal action, but the wrong township is listed. 144 1 JUDGE AGRANOFF: I'm not sure what 2 you're referencing and who provided that. 3 MS. COLLINS: It has your logo on it. 4 JUDGE AGRANOFF: Is that the Ohio Power 5 Siting Board? 6 MS. COLLINS: Yup. I'll give it -- 7 I've circled it and I'll provide it up here. 8 JUDGE AGRANOFF: Thank you. 9 Next, we have Bev Ford and on deck is 10 Bob Clark. 11 MS. FORD: I respectfully pass on my 12 comments at the meeting today. 13 JUDGE AGRANOFF: Okay. Thank you. 14 Bob Clark? Is Bob here? 15 Okay. We'll move on next to Vicki 16 Kermas or Kerman? 17 MS. KERMAN: Kerman. 18 JUDGE AGRANOFF: Kerman? Please raise 19 your right hand. Do you solemnly swear or affirm that 20 the testimony you're about to give in this proceeding 21 is the truth? 22 MS. KERMAN: Yes. 23 JUDGE AGRANOFF: Please state your full 24 name and address for the record. 25 MS. KERMAN: Vicki Kerman, K-E-R-M-A-N. 145 1 The address is 3375 County Road 125, and that's in 2 Cardington. 3 JUDGE AGRANOFF: Do you reside in the 4 township? 5 MS. KERMAN: No. 6 JUDGE AGRANOFF: And do you live or 7 work within the project area? 8 MS. KERMAN: No. 9 JUDGE AGRANOFF: And are you a member 10 of Concerned Citizens? 11 MS. KERMAN: No. 12 JUDGE AGRANOFF: Are you an individual 13 intervener? 14 MS. KERMAN: No. 15 JUDGE AGRANOFF: Please proceed with 16 your testimony. 17 MS. KERMAN: Thank you. 18 WHEREUPON, 19 VICKIE KERMAN, 20 called as a witness and having been first duly sworn 21 to tell the truth, the whole truth, and nothing but 22 the truth, was examined and testified as follows: 23 DIRECT STATEMENT 24 MS. KERMAN: Good evening and thank you 25 for this opportunity to provide testimony. My name is 146 1 Vickie Kerman. I live in Cardington, which is in 2 Morrow County. I am a chemical engineer. Although I 3 am now retired, during my career, I worked for oil, 4 engineering and construction, and high-tech companies. 5 I also founded and for 15 years ran a firm, which 6 installed barcode automation systems in manufacturing 7 plants throughout the state of Ohio. 8 Engineers are responsible for making 9 things work in the real world. We need data, not 10 assumptions, to do that. I reviewed several of the 11 application packages and documents publicly available 12 on the Siting Board's website, including those of 13 Chestnut Solar. Furthermore, I've read many, many of 14 the public comments submitted after projects had 15 started construction or been in operation. The 16 stories are truly frightening, and I encourage you to 17 read them all. 18 I am more than concerned by several 19 major aspects of this and other farmland-based solar 20 projects. But due to time constraints of this 21 testimony, I will focus on just one, namely, the issue 22 of decommissioning. 23 Throughout the application process, the 24 Chester Solar developer has committed to full 25 restoration of the farmland. In the body of its March 147 1 2023 application, the developer reiterated its 2 committed to, quote, "ensure that the project area can 3 be converted back to its preconstruction agricultural 4 use after decommissioning," unquote. 5 In making this commitment, the 6 developer did not offer any detail regarding 7 specifically how the full restoration would be 8 accomplished. It just provided the assurance that it 9 would be done. Being somewhat skeptical, I searched 10 the literature for evidence-based research programs, 11 which had been done on decommissioning, and could find 12 nothing -- just papers which dealt with 13 decommissioning in theory. 14 I came upon an article from 2021 15 written by Mike Carroll, the county extension director 16 for the North Carolina Cooperative Extension entitled, 17 "Can Solar Energy Production Be Converted to 18 Farmland?" Mr. Carroll states, quote, "The assumption 19 that farmland can simply be converted from solar 20 energy production back into original and to 21 agricultural production is not guaranteed. The 22 reality is that one will have far greater expenses 23 than income for many years until optimum production 24 conditions are restored." 25 Wanting to know if he had any updates, 148 1 last week I communicated with him by email. He 2 responded, quote, "I do not know of any study that has 3 actually evaluated whether restoring land can indeed 4 be done. All is speculation at this point. There are 5 several key areas that just aren't as easy as most 6 proclaim to fix." 7 Mr. Carroll is not unique in his 8 uncertainty about decommissioning. I have attached 9 papers of several agriculture professionals, who have 10 also addressed this issue. The net result is that 11 Chestnut Solar developer is making a commitment, which 12 based on the contents of his application and 13 supporting documents, appears to have little if any 14 real world evidence base and, therefore, may not be 15 deliverable. 16 If Chestnut Solar is aware of such 17 studies, I would welcome the opportunity to review 18 them. But Chestnut Solar the developer is not the 19 only developer making this claim. Blossom Solar's 20 application, for example, takes the same approach 21 committing, quote, "The areas used by the project will 22 be returned to the predevelopment condition and may be 23 used for farming and agricultural land uses or 24 whatever the owner desires for the land," unquote. 25 How many of these solar projects are 149 1 moving ahead with a commitment to full restoration 2 when there is no evidence that this can be 3 accomplished? 4 One last thing: In a December 2023 5 article, "Solar Panel Testing and Certification 6 Overview," the author discusses the following 7 regarding PV panels used for rooftops. He says, "Do 8 you live on or close to a farm? If so, keep an eye 9 out for IEC62716. This is a test to determine a 10 module's resistance to ammonia. While most people 11 don't have to worry about their high concentration of 12 ammonia exposure with their PV modules, installing 13 your solar panel system close to farms and livestock 14 can be a concern. 15 "Ammonia corrosion can accelerate 16 degradation in a panel leading to overall 17 electricity -- lower overall electricity production 18 over lifetime of your system. Why are we installing 19 solar panels on farms when exposure to ammonia causes 20 degradation of the panels, which results in reduced 21 performance and/or leakage of aluminum and other 22 compounds into the soil? Why are we constructing 23 irreplaceable farmland when there are other better 24 sites available?" 25 JUDGE AGRANOFF: Thank you. 150 1 MS. KERMAN: Thank you for your time. 2 JUDGE AGRANOFF: I believe Counsel has 3 some questions for you. 4 CROSS-EXAMINATION 5 BY MS. FLAHIVE: 6 Q Ms. Kerman, I believe you had said in your 7 professional career you were involved with oil and 8 gas? 9 A Yes. 10 Q And you were an engineer for oil and gas? 11 A Yes. Yes. 12 Q Are you familiar with gas-fired power 13 plants? 14 A That was not my job. My job was defining 15 refineries. 16 Q Have you spent any time doing any sort of 17 self-study relating to gas-fired power plants? 18 A No, not at all. 19 Q So you're not aware of the decommissioning 20 of associated with that kind of a generation source? 21 A No. I'm not. 22 MS. FLAHIVE: Nothing further. 23 JUDGE AGRANOFF: Thank you. 24 MS. KERMAN: Thank you. 25 JUDGE AGRANOFF: If you have any 151 1 supporting documentation -- 2 MS. KERMAN: I just gave it. 3 JUDGE AGRANOFF: Thank you. 4 (Exhibit 23 was marked for 5 identification.) 6 Next, we have I believe it's Ronnie or 7 Lonnie Daniels? Is Lonnie here? 8 MR. DANIELS: I will pass. 9 JUDGE AGRANOFF: Okay. Thank you, sir. 10 Next would be Doug Ford, and on deck 11 will be Francisco Gonzales. 12 Please raise your right hand. Do you 13 solemnly swear or affirm that the testimony you're 14 about to give in this proceeding is the truth? 15 MR. FORD: Yes. 16 JUDGE AGRANOFF: Please state your full 17 name and address for the record. 18 MR. FORD: My name is Doug Ford. I 19 live at 1375 Somerlot Hoffman Road East. I live 20 within the project area. I work at Marion General 21 Hospital. I am not an intervener and whatever other 22 question you have. 23 JUDGE AGRANOFF: Do you live in the 24 township? 25 MR. FORD: Yes. I -- yes. 152 1 JUDGE AGRANOFF: Which township? 2 MR. FORD: Pleasant Township. 3 JUDGE AGRANOFF: Thank you. 4 MR. FORD: And I'm not wearing red 5 because I didn't get the memo. 6 JUDGE AGRANOFF: Please proceed with 7 your testimony. 8 WHEREUPON, 9 DOUG FORD, 10 called as a witness and having been first duly sworn 11 to tell the truth, the whole truth, and nothing but 12 the truth, was examined and testified as follows: 13 DIRECT STATEMENT 14 MR. FORD: We're heard a lot of facts, 15 and I just want to say I appreciate you being here. I 16 know it's a required meeting, but I appreciate the 17 disposition that you've demonstrated throughout the 18 entire meeting. Try to be fair on both sides. You've 19 been respectful and, for me, that's important. 20 You're hearing our comments. I know 21 you're listening to them. I know you're transcribing, 22 and I don't know how to express the heart behind the 23 comments. My comments are not going to be a lot of 24 fact. I'll start with that in just a minute. But 25 most of it's going to be about feeling and thought 153 1 because I'm a touchy-feely guy because the sentiment 2 of what Chestnut Solar project represents is much 3 larger than facts. 4 There's a lot of history behind it. It 5 affects -- it will affect and impact the futures of 6 those who are not only here but future buyers and/or 7 families who -- whose farms have been passed down to 8 them. I'm the zoning inspector, brand new, so I know 9 very little about my job. But I do know enough that 10 anything south of Owens Road predominantly is zoned 11 agricultural. Anything north of Owens Road is 12 predominantly zoned residential. 13 I did read some of the zoning 14 ordinances before I bought my house, and I did expect 15 housing to be developed eventually around me. I had 16 no desire or expectation that a solar project would be 17 built. 18 The facts are on page 40 of the staff 19 report. I know it's been read, but if you'll let me 20 read that one more time. The staff report, which I 21 believe all the agencies trust the representatives who 22 conducted the staff report who have their 23 responsibility to give back a report of recommendation 24 for the board, it says, "Some local opposition is not 25 uncommon in many power generation siting projects. 154 1 "But when observing and documenting 2 considerable opposition filed in the docket, staff 3 recognizes that in this proceeding the opposition has 4 been especially prominent and overwhelmingly one-sided 5 from the local government agencies and the citizens. 6 The staff believes that the public opposition will 7 create negative impacts within the local community." 8 I just want to read that again. "The 9 staff believes that the public opposition will create 10 negative impacts within the local community. Staff 11 believes that any benefits to the local community are 12 outweighed by the overwhelming documented public 13 opposition. And, therefore, the project would not 14 serve the public interest, convenience, and 15 necessity." 16 I would ask that the board side with 17 the staff report of investigation recommending denial 18 of the certificate. I would also ask that it deny the 19 Chestnut Solar, LLC's expedited partially and opposed 20 motion for stay. 21 Now the feelings and thoughts. I tend 22 to be a curious guy, and I just have some questions. 23 I don't expect answers. But I do think they cloud the 24 project, especially the character behind it. I just 25 wonder why Chestnut Solar doesn't relocate to a 155 1 welcoming community. Why are these acres so important 2 that it has to go the Supreme Court? It has to be 3 asked for a stay. It has to have litigation. It 4 doesn't make sense. Surely in Ohio there are 5 welcoming communities. 6 I have one minute left? I'd like to 7 take my wife's five minutes and pass it along. I'll 8 hurry then. I won't be so curious. So I would 9 encourage them to find another welcoming community. 10 And I would like to offer my services for an hourly 11 fee to help them find that. 12 I'm just wondering why did the friend 13 of one of the property owners relocate to Delaware two 14 years ago when they lived on the frontage of the 15 proposed site. I wonder if they had knowledge that 16 this was going to come and be built. Why the secrecy 17 of the project from the beginning? 18 I wonder if -- I wonder if the voices 19 that were not allowed to speak publicly because of 20 contract still have the same sentiment as when that 21 contract was initiated. Concerning the character of 22 the -- am I done? 23 JUDGE AGRANOFF: Thank you, Mr. Ford. 24 MR. FORD: In closing, you can ask me 25 about my feelings. 156 1 CROSS-EXAMINATION 2 BY MS. FLAHIVE: 3 Q So as the zoning inspector -- 4 A Go and ask. 5 Q -- I imagine that you would believe that the 6 Pleasant Township zoning resolution provides adequate 7 protection from a land use perspective? 8 A Before I answer your question, I respect 9 what you're doing and I respect you. We don't have to 10 agree to hear voices. But I really don't like 11 yes-and-no questions that are pointed because behind 12 every question is a statement and demand, not just 13 from you but anyone. So I believe in our zoning 14 ordinances and guidelines that exist today that do not 15 encourage this kind of solar project. 16 Q The uses that are encouraged for that land, 17 there's a wide range of them; is that fair? 18 A There can be appeals made. But normally, 19 the precedent is set and is followed. 20 Q Well, not referring to just as a matter of 21 right in the zoning resolution. There's a wide array 22 of uses that a property owner can engage in for land 23 that's been designated agricultural. Would you agree 24 with that? 25 A Should that be correct, which I believe it 157 1 is, this solar project is not one of them. 2 Q So when you're looking at a permitted use, 3 such as my example that now everyone is intimately 4 familiar with, the hog barn example or a poultry farm 5 example -- 6 A Oh, sure. Yeah, yeah. 7 Q Sure. So the impacts of a permitted use 8 like that -- 9 A Yes. 10 Q How would you compare those to the solar 11 project that's been proposed? 12 A When I was a pastor, I took six men. And 13 when Doug Schilling's farm flooded and he had to get 14 rid of some runoff because of some standards, we spent 15 all night with the hogs. I wouldn't oppose it because 16 it's allowed by ordinances. 17 Q Sure, exactly. 18 A Yes. 19 Q And when I say impacts, I'm referring to 20 smells, sounds, sights. You understand? 21 A Smell has olfactory adaptation when 22 something stinks in the room. You get used to it when 23 you live around manure, unless you're driving by and 24 you don't get used to it because you don't stick 25 around long enough. 158 1 But that same kind of adaptation, olfactory, 2 doesn't occur with sound. You don't get rid of the 3 buzz. You don't get rid of the ringing. It's not -- 4 it's not transferrable from organ to organ. I sound 5 like I know what I'm talking about but I don't. 6 Q Setting aside the assumptions regarding the 7 buzz, let's just -- I want to just make sure that I 8 understand your testimony regarding the current 9 permitted uses. It's true that on this property zoned 10 agricultural the owner could construct a large hog or 11 poultry farm? 12 A Do you believe it's true? 13 Q Correct. I'm asking you. 14 A Well, I'm asking you, too. 15 Q Sir, please answer. 16 JUDGE AGRANOFF: Sir, please answer the 17 question that was asked of you. 18 THE WITNESS: Because I'm so new at 19 this, I'll have to refer to the ordinances book, and 20 I'd like to get back with you. 21 BY MS. FLAHIVE: 22 Q Sounds good. I'll ask a more general 23 question. When there are discretionary approvals that 24 go to the Zoning Commission, there are oftentimes 25 mitigation measures that are put in place to ensure 159 1 that the impacts that may flow from that development 2 don't have an adverse effect on the local community; 3 true? 4 A According to the recent conference that 5 invited all the township trustees and zoning 6 officials, when an appeal is brought before the zoning 7 commission or the appeals board, there can be no 8 demands placed upon. It's either accepted or denied. 9 So I would -- I think if I understand your question, 10 no. We can't say you can build if you do this. It's 11 an appeal. We either accept it or not. 12 If you're filing for the first -- if you 13 don't have an accessory building and you want to build 14 one, sure. If you have accessory building and you 15 want to build a second, you'd have to tear down the 16 first one or we have conditions that normally are met. 17 But we can't demand that you do any certain things. 18 Q Those are standard conditions that you're 19 referring to? 20 A Say it differently? 21 Q You said there were conditions that are 22 normally met? 23 A Every --- every appeal is different so -- 24 Q So there's no standard conditions? 25 A There are precedents set and as long as it 160 1 abides within the zoning ordinances. Yeah. 2 Q And so you've reviewed the conditions that 3 staff has proposed for this project should it be 4 approved; haven't you? 5 A Are you assuming I have? 6 Q Asking. 7 A I have not. That's what I had more my 8 feelings than facts. 9 Q Okay so -- 10 A But I trust -- I trust the staff report, 11 though. 12 Q So there's nothing in the conditions that 13 you're aware of here this evening that you believe is 14 inadequate to mitigate any impacts from this project? 15 A I think that I have concern. I can give an 16 example if you'd like. And if it's not answering your 17 question, I would ask you to stop me and -- but if -- 18 is there somewhere in that report that they want to 19 take 20 percent of the topsoil, but it's recommended 20 by the staff that they take 5 percent? That concerns 21 me. 22 You know, the property behind me has had 23 violations reported to the EPA because of septic, 24 sewage, waste dumped on us -- behind us. But it's not 25 monitored, and so I do have concerns. I do think that 161 1 there would be a negative impact during the building 2 and after, during the construction and after. Did I 3 answer your question, or did I go off board or 4 offline? 5 Q Well, it actually opened the door to a 6 couple of more questions. 7 A Oh, I just need to be quiet. 8 Q So regarding the flooding because this is an 9 important point so - 10 A Water? 11 Q Yes, the water, the standing water. Your 12 property is affected by that situation? 13 A Well, my property gets water. Yeah. It's 14 gone in three days. 15 Q If the civil engineering for this project 16 could assure you that the state -- 17 A They can't. 18 Q They can't? So your testimony is that it's 19 impossible to have a civil engineering solution on 20 this property to mitigate the water? 21 A No. I'm not. I said they can't assure me 22 that they will. 23 Q Is it your -- 24 A They -- they may be able to, but they can't 25 assure me that they will. So if this project goes 162 1 forward, I will have timestamped photos of the water 2 that collects the ducks on my property, and three days 3 later they had to fly north. And should water come 4 after the project, I'll have timestamped photos if 5 it's gone in three days but now it's gone in three 6 weeks. Now I have to go to litigation, pay a lawyer, 7 and it will just drag on. 8 Q So your testimony is that you're agreeing 9 that there could be an engineering solution? You're 10 just not persuaded to address the flooding? 11 A Can I tell you why I'm not persuaded? 12 JUDGE AGRANOFF: Please refrain from 13 the noise in the audience. 14 THE WITNESS: Can I tell you why I'm 15 not persuaded? I'm not persuaded primarily because 16 the staff report is recommending it not go forward 17 because of community resistance. 18 BY MS. FLAHIVE: 19 Q But you're not stating here today under oath 20 that there is absolutely no civil engineering 21 solution? 22 A I'm not qualified to state under oath. 23 That's not my expertise. I'm not qualified. You're 24 asking me -- it's all about trust. And I've given you 25 two examples where the character behind the property 163 1 and behind the project has been suspect. And so if I 2 trust moving forward, I'm going to go to the level of 3 trust I already have. 4 Q So going -- moving from the civil 5 engineering piece back to generally just the question 6 I had about the mitigation measures, is there anything 7 that you believe is inadequate as far as the 8 conditions the staff has proposed to mitigate the 9 impact of the project? 10 A How will it be monitored? What will the 11 accountability? And then how will the consequences be 12 applied? 13 Q Those are your concerns? 14 A Some of them. 15 Q There are others? 16 A I would love to do some more research and 17 get back to you. 18 Q Sounds good. Nothing further. 19 A You know what? Thank you. 20 JUDGE AGRANOFF: Mr. Ford, I do have 21 just a couple of clarifying questions. In your 22 position as a zoning inspector, who are you employed 23 by? 24 MR. FORD: Pleasant Township. 25 JUDGE AGRANOFF: And you made reference 164 1 in your answers to Ms. Flahive, you had indicated in 2 your responses referencing the zoning board and the 3 zoning commission. Which is -- 4 MR. FORD: The zoning commission is the 5 appeals board. 6 JUDGE AGRANOFF: And which specific one 7 were you referring to here? 8 MR. FORD: If they apply -- 9 JUDGE AGRANOFF: Is it the Marion 10 County? 11 MR. FORD: It's the Pleasant Township 12 Zoning Commission, Pleasant Township Appeals Board. 13 JUDGE AGRANOFF: Okay. Thank you. 14 MR. FORD: Thank you. 15 JUDGE AGRANOFF: Next we have Francisco 16 Gonzales. We'll assume that he has left. And at this 17 point, that is all of the testimony that we have with 18 respect to those witnesses that are not interveners. 19 And next we have a list of intervener testimony. 20 But before we go to the intervener 21 testimony, this will be your last opportunity if you 22 were interested in testifying as a non-intervener to 23 do so. Is there anybody currently in the room that 24 has that desire? Okay. I'll take silence as a no. 25 And next, we will move onto the intervener testimony. 165 1 JUDGE MARCELLETTI: All right. Thank 2 you, Judge. 3 I have first on my intervener list 4 Mr. Joe Stump, and next will be Ms. Betty Jo Lill. 5 Good evening, Mr. Stump. Please raise 6 your right hand. Do you swear or affirm that the 7 testimony you are about to provide will be the truth? 8 MR. STUMP: Yes, 9 JUDGE MARCELLETTI: Thank you. And I 10 understand you are an intervener. 11 MR. STUMP: I am. 12 JUDGE MARCELLETTI: But I still need to 13 go through my questions. 14 MR. STUMP: Yes, sure. 15 JUDGE MARCELLETTI: Please spell and 16 state your name for the record, sir. 17 MR. STUMP: Legally George, 18 G-E-O-R-G-E, last name Stump, 3490 Maple Grove Road, 19 Marion, Ohio, Pleasant Township, and I am an 20 intervener. 21 JUDGE MARCELLETTI: Do you reside or 22 work within the project area? 23 MR. STUMP: I do both. 24 JUDGE MARCELLETTI: Okay. That's fine. 25 You may proceed. 166 1 WHEREUPON, 2 GEORGE STUMP, 3 called as a witness and having been first duly sworn 4 to tell the truth, the whole truth, and nothing but 5 the truth, was examined and testified as follows: 6 DIRECT STATEMENT 7 MR. STUMP: Thank you. I don't have a 8 whole lot that's different than everyone else except 9 one thing, and Ben has heard this before because I sat 10 in Dave Neidhart's attorney's office in Delaware, 11 Ohio. Ben. 12 Anyway, my scenario is this. I bought 13 my house from Charlie Soltis [ph], and we heard the 14 story about Susan and Charlie, and they were using the 15 bathroom in a five-gallon bucket for a period of time 16 because they had a problem with their septic. 17 Remember this story? And so he spent tons of money to 18 put a lift station in. The lift station adequately 19 shoved the sewage through the tile just enough to pass 20 inspection. We bought the house. 21 Then fast-forward about a year. My 22 neighbor comes over and he says, "What's going on? I 23 have all this sewage here in my garden." So he has 24 this 25-foot-wide, 45-foot-long garden that is 25 literally raw sewage, backed-up sewage, and so I said 167 1 I don't know. So there's a jet port in our tile, so 2 we paid. We had someone port it out. And then about 3 70 yards out into his backyard water shot up. 4 Luckily, we were able -- we were that close to that 5 broken tile to find it, right? So we had it fixed. 6 All is -- all is good. 7 When we had meetings -- I've had lots 8 of meetings with you, Ben. You and I, we should be 9 buddies. We've talked so much. Devan as well. I 10 asked you how many pylons are going to be shoved down 11 into this farmland? And the answer was about 22,000 12 pylons -- 22,000 pylons about 7 feet deep. That's 13 exactly what was said. 14 And so inevitably there's tons of tile 15 that is all through that back -- all -- listen to me. 16 I'm talking to you today -- to you -- 22,000 pylons 17 shoved down breaking tile. I was -- conveniently I 18 was able to find the one tiny little broken tile that 19 created all this sewage backup. 20 As being at the end of this line in our 21 septic system, me and all my neighbors are going to be 22 getting the repercussions of all of these pylons being 23 shoved down into the tile. There is no -- there's no 24 map. There's no GPS of the tile. You know that. In 25 fact, the last meeting you had, "Well, we can look 168 1 aerial and we can see the darker green spots." That 2 darker green spot that's 3 feet wide that you're going 3 to -- you're going to miss these tiles? I don't think 4 so. 5 So in closing, you know, I think we've 6 all spoken. You know, we found -- we found out about 7 this years ago. You know, we -- same things, 8 reiterating the same things: zoning board passed 9 resolution, township passed resolution, county 10 commissioners passed resolution. 11 Then SB52 comes up. You guys are 12 partially grandfathered in, and so we go back. We 13 pass another resolution the township level and the 14 commissioner's level, and you guys send an attorney 15 down there, a really nice guy. And he actually said 16 to me as he was there -- he was fighting a big condo 17 association going into his neighborhood, probably 18 attorney before this one. 19 But you send him down and he tried to 20 stop -- the stop the commissioners from passing this 21 resolution. Wait, wait, don't. We're having a 22 meeting. Don't. Well, why? If you guys are 23 grandfathered in, everything should be just fine. But 24 yet, no, they did pass. They passed a resolution 25 saying not only do we not want large-scale solar. We 169 1 don't want your large-scale solar in our 2 neighborhood -- in our neighborhood. 3 So lots of reiteration. The 4 commissioners have hired an attorney, Jack Van Kley. 5 He's intervening. We hired an attorney, Kevin Dunn. 6 We're intervening. We don't want it. I'm good 7 anyway, so a minute is good. I'm fine. Thank you 8 very much for coming. You guys did an amazing job. 9 It's very hard with a lot of passion here, so you guys 10 did a fantastic job. So that's pretty much all I have 11 anyway. 12 JUDGE MARCELLETTI: Thank you, 13 Mr. Stump. Are there any questions from Counsel? 14 MS. FLAHIVE: No. 15 JUDGE MARCELLETTI: Mr. Stump, do you 16 have a copy of your statement just for -- 17 MR. STUMP: Well, yeah. It's my actual 18 original statement and then my notes. 19 THE REPORTER: Okay, thank you. 20 MR. STUMP: Appreciate it. 21 JUDGE MARCELLETTI: Anything to help 22 clarity. Thank you. 23 Ms. Betty Jo Lill, come on up. And I 24 have next Ms. Melodie Little. Bring this -- good 25 evening, Ms. Lill. 170 1 MS. LILL: I feel the same way. 2 JUDGE MARCELLETTI: Please raise your 3 right hand. Do you swear or affirm that the testimony 4 you about to provide will be the truth? 5 MS. LILL: I do. 6 JUDGE MARCELLETTI: And I also noted 7 that you are an intervener. Thank you. If you can 8 please state and spell your name for the record, 9 ma'am. 10 MS. LILL: First name is Betty Jo, 11 B-E-T-T-Y-J-O. Last name is Lill, L-I-L-L. 12 JUDGE MARCELLETTI: And your address 13 including the township? 14 MS. LILL: 754 Owens Road West, 15 Pleasant Township, Marion, Ohio. 16 JUDGE MARCELLETTI: Do you live or work 17 within the project area? 18 MS. LILL: Our farm is less than two 19 miles from the project site on Owens Road. 20 JUDGE MARCELLETTI: Thank you, ma'am. 21 You may proceed. 22 // 23 // 24 // 25 // 171 1 WHEREUPON, 2 BETTY JO LILL, 3 called as a witness and having been first duly sworn 4 to tell the truth, the whole truth, and nothing but 5 the truth, was examined and testified as follows: 6 DIRECT STATEMENT 7 MS. LILL: I oppose Chestnut Solar 8 project and any solar project on farmland. It 9 concerns me that millions of acres of farmland are 10 being converted in the United States, including our 11 community. Our farm is less than two miles from the 12 solar project site on Owens Road. We are not worried 13 about our 750 acres of prime farmland in Pleasant 14 Township ever being paved over, developed, or covered 15 with solar panels. It is preserved by Ohio's Farmland 16 Preservation Program, a program to which any farmer 17 can apply and be compensated. 18 According to American Farmland Trust, 19 ten percent of all farmland in the planet -- that's 20 the land that sustains us and grows our food -- is in 21 the United States and is being converted to other uses 22 to the tune of 175 acres per hour. Solar is consuming 23 farmland at a rapid pace. In Ohio since 2018, 24 certificated and pending solar projects amount to over 25 90,000 mostly farmland acres. Information extracted 172 1 from PJM website shows an additional 261,013 acres of 2 land that may be planned for solar development in 3 Ohio. 4 Farmers know best how to nurture the 5 precious 5 to 10 inches of topsoil. Most farmland in 6 Pleasant Township and the U.S. have been designated 7 with nationally significant soil, the best soil in the 8 world for producing food. Yet, on 404 acres of prime 9 farmland Chestnut Solar plans to piledrive 26,000 10 steel posts 7 to 11 feet in the ground to hold 170,500 11 solar panels, drive helical piles to a depth of 7 feet 12 below grade to hold inverters and other equipment, 13 construct a two-acre substation, approximately 3 miles 14 of graveled 20-foot wide access roads after stripping 15 the topsoil, then grading and compacting the subsoil, 16 and 41,139 feet of underground trenching for 17 connection lines. That is a destructive use of prime 18 farmland. 19 Instead of smart solar siting such as 20 on buildings, land not suited for farming, rooftops, 21 carports, brown fields, et cetera, Chestnut Solar 22 application states that the project area is zoned 23 agriculture and prime farmland and also states on page 24 37 some of their siting criteria is for land use such 25 as agricultural land with minimal slope and water 173 1 features, low population density, limited residential 2 development, and contiguous acres. 3 Homeowners on and around Maple Grove 4 Road also prefer to live in an area with limited 5 residential development next to open space areas such 6 as zoned agriculture, certainly not industrial, large- 7 scale solar. Chestnut Solar cites the 2019 median 8 property value in Marion County as $100,800 and within 9 a mile of a solar farm in Ohio, the median housing 10 unit value is $173,079. I challenge Chestnut Solar to 11 find a home on Maple Grave Road valued under $200,000. 12 Some people including farmers -- some 13 farmers -- think that they have the right to do 14 whatever they want with their land. But they don't 15 have the right to infringe on the rights of others. 16 That is why we have zoning to benefit all. We do not 17 exist by and for ourselves. We live in a community. 18 Chestnut Solar claims to be compatible 19 with the Marion County land use plan because the 20 project site will be for future agricultural use in 21 45 years. Marion County land use development policy 22 on page 182 states its goal is to help keep 23 competitive agriculture profitable by discouraging 24 development in rural areas incompatible with it, 25 especially in areas of prime farmland. There is no 174 1 proof after 45 years of solar use farmland will be 2 usable again for growing crops without extensive 3 long-term reconditioning of the soil. 4 I'm going to have to skip some of this, 5 but I'm going to say Jenifer French, voting member and 6 chair of the PUCO wants to restore the public trust in 7 the state's utility regulatory process and do the 8 right thing. The right thing is for Ohio Power Siting 9 Board to listen to the overwhelming opposition voices 10 of Pleasant Township and our county and township 11 officials and swiftly deny Chestnut Solar project in 12 Pleasant Township. 13 JUDGE MARCELLETTI: Thank you, 14 Ms. Lill. And, Ms. Lill, just to confirm I have a 15 copy here? 16 MS. LILL: Yes. You do. 17 JUDGE MARCELLETTI: Do you want me to 18 give that to the court reporter? 19 (Exhibit 26 was marked for 20 identification.) 21 THE REPORTER: Thank you. 22 JUDGE MARCELLETTI: Good evening, 23 Ms. Little, and then I have up next Ms. Judy Lehner. 24 Did I pronounce that correct? 25 Would you raise your right hand, 175 1 please? Do you swear or affirm that the testimony you 2 are about the provide will be the truth? 3 MS. LITTLE: Yes. 4 JUDGE MARCELLETTI: Thank you. And 5 again, I know that you are an intervener in this case? 6 MS. LITTLE: Yes. 7 JUDGE MARCELLETTI: Thank you. If you 8 would please spell and state your name for the record? 9 MS. LITTLE: Yes. Melodie Little, 10 M-E-L-O-D-I-E, L-I-T-T-L-E, 3878 Maple Grove Road, 11 Pleasant Township, Marion, Ohio. 12 JUDGE MARCELLETTI: Do you reside or 13 work within the project area, ma'am? 14 MS. LITTLE: I reside. Our home butts 15 up to the project as well as I work part-time at home. 16 JUDGE MARCELLETTI: Thank you. Please 17 go ahead. 18 WHEREUPON, 19 MELODIE LITTLE, 20 called as a witness and having been first duly sworn 21 to tell the truth, the whole truth, and nothing but 22 the truth, was examined and testified as follows: 23 DIRECT STATEMENT 24 MS. LITTLE: Good evening. I am here 25 to voice my opposition to the Chestnut Solar facility 176 1 being placed in Pleasant Township. In 1990 my husband 2 and I purchased a one-acre lot from the Neidharts in 3 order to build a new home. We chose this lot in 4 Pleasant Township as it was very attractive to us 5 growing up as essentially country folks. 6 We liked this area as it would allow us 7 to live relatively close to town and our work but to 8 also enjoy the benefits of living in an agricultural 9 setting with peacefulness and comfort of country 10 living. We also liked what Pleasant Township had to 11 offer us in wonderful neighbors, a great school 12 system, and community spirit. 13 I know and we have heard many of our 14 neighbors and friends speak about the concerns that we 15 all have with the placement of the solar facility in 16 literally our backyards. With the upswing of farmers 17 leasing their land to the solar companies to place 18 these facilities, we are aware of these farmers' 19 argument: It's my land. I should be able to do what 20 I want with it. 21 I would like to share information of 22 the expectations we needed to be agreeable to in order 23 to reside on our land and in Pleasant Township. Some 24 of those terms was our premises could only be used as 25 residence. Our home had to be at least 1,600 square 177 1 feet and of a market value of no less than $60,000. 2 Of course, again, this is 1990. 3 We could not place a building or wall 4 nearer to the road than 50 feet or nearer to the 5 sidetrack line of 10 feet. We also cannot erect a 6 fence higher than 6 feet. We can't raise, breed, or 7 keep livestock or poultry. No noxious or offensive 8 activity shall be carried on. No should any be 9 done -- anything be done which may be or may become a 10 nuisance or annoyance to the neighborhood. 11 No structure of temporary character, 12 trailer, or other outbuilding shall be used on the 13 said premises at any time as a residence. No trailer 14 of any kind is permitted to remain on the property for 15 more than 48 hours except recreational. No part of 16 the premises shall be used or maintained as a dumping 17 ground for rubbish, trash, garbage or other waste. 18 No trees shall be planted nearer to the 19 north track than 20 feet nor within 20 feet to the 20 east line of the premises. The premises must be 21 maintained and kept clean and free of debris. And the 22 final thing that I'd like to share is that it also 23 said no oil drilling, no oil development operations, 24 oil refinery, exploring or mining operations of any 25 kind shall be permitted. Nor shall oil wells, tanks, 178 1 tunnels, mineral excavations, or shafts be permitted. 2 We understood the reasons our deed had 3 these stipulations. These terms were to support us in 4 having a neighborhood that was attractive and 5 peaceful, a community where people would want to live 6 and raise their families. We also understood the need 7 for some of these stipulations as they could impact 8 the Neidharts' farming operations. And despite this 9 being our land, we have been respectful and lived by 10 these rules and those of our township zoning board. 11 Now 34 years later, we as residents of 12 this area and of Pleasant Township are expected to be 13 okay with the placement of this solar facility despite 14 the risk of well water contamination, disruption to 15 our drainage systems, noise, the view of hundreds of 16 unsightly solar panels, the risk to our health and 17 well-being, the possible degradation of our property 18 values, the strain on our community resources and 19 infrastructure, and many other concerns. 20 Today there seems to be no concerns for 21 the neighborhood and community as was in the ideals of 22 our property deed in 1990. I can tell you we are not 23 okay with this. We are strongly opposed to the 24 placement of the Chestnut Solar facility in Pleasant 25 Township and respectfully request that the Ohio Power 179 1 Siting Board deny their application and certification. 2 Thank you. 3 JUDGE MARCELLETTI: Thank you, 4 Ms. Little. Do you have a copy for the court 5 reporter? 6 MS. LITTLE: Yes. 7 JUDGE MARCELLETTI: Thank you so much. 8 (Exhibit 27 was marked for 9 identification.) 10 THE REPORTER: Thank you very much. 11 JUDGE MARCELLETTI: I have Ms. Judy 12 Lehner on deck, and then the next witness on deck, I 13 believe they live -- Newman's? Looks like it starts 14 with an N. Wonderful penmanship but I'm afraid -- 15 JUDGE AGRANOFF: That's this gentleman. 16 JUDGE MARCELLETTI: Noel, you'll be 17 next on deck, sir. 18 Good evening, Ms. Lehner. If you'd 19 raise your right hand? Do you swear or affirm that 20 the testimony you're about to provide will be the 21 truth? 22 MS. LEHNER: I do. 23 JUDGE MARCELLETTI: Thank you. And I 24 believe you are an intervener to this case, ma'am? 25 MS. LEHNER: I am. 180 1 JUDGE MARCELLETTI: Great. If you can 2 please spell and state -- please state and spell your 3 name for the record and then your address, please? 4 MS. LEHNER: My name is Judy Lehner, 5 L-E-H-N-E-R. My address is 1108 Myers Road, Marion, 6 Ohio, Pleasant Township. 7 JUDGE MARCELLETTI: Do you reside or 8 work within the project area? 9 MS. LEHNER: In the heart of the 10 project area I have resided for 63 years. 11 JUDGE MARCELLETTI: Okay. Thank you. 12 Whenever you're ready. 13 MS. LEHNER: Thank you. 14 WHEREUPON, 15 JUDY LEHNER, 16 called as a witness and having been first duly sworn 17 to tell the truth, the whole truth, and nothing but 18 the truth, was examined and testified as follows: 19 DIRECT STATEMENT 20 MS. LEHNER: Thank you. Good evening. 21 Thank you for allowing members of our community to 22 share our concerns over this proposed project. For 23 the last 63 years I've lived on Myers Road. My late 24 husband was lovingly raised by his paternal 25 grandparents, Harry and Elsie Lehner. And at that 181 1 time, the Lehners owned 65 acres of the acreage that 2 is currently being proposed as the site for the 3 Chestnut Solar farm. 4 While Bob was serving in the U.S. Army, 5 his grandfather's health began to decline, and the 6 farm was sold to a local physician. A few years 7 later, that farm was sold to the current owners, David 8 and Pam Neidhart. The small two-acre lot where we 9 built our home was not included in that sale. 10 And after Bob returned home from his 11 active army assignment, we lived in the original log 12 cabin on that acreage while we built our home. We 13 have lived in that dwelling for 62-1/2 years. Our 14 three children were born here and have called this 15 community home their entire lives. Together, we have 16 witnessed some of the road frontage of this farm being 17 sold for building lots, and we now have many beloved 18 neighbors who share in the beauty of this peaceful 19 community that they, too, call home. 20 I realize that this board has heard 21 from most of the current residents who would be 22 affected by the installation of a solar farm having 23 their homes turned into an industrial zone for which 24 there is currently very few regulations regarding the 25 maintenance and upkeep of an industry that is still 182 1 rather new to our entire society. 2 The building of a solar farm is 3 consistent with building any other industry. Then 4 there comes the degradation of surrounding property, 5 the noise, the increased heavy traffic. And then the 6 building site is left to suffer the brutality of 7 abandonment. I know without a doubt that I speak on 8 behalf of our loved neighbors when I respectfully ask 9 you to deny the application that would allow the 10 Chestnut Solar project to be constructed in our 11 beautiful neighborhood. 12 On behalf of our entire community, I 13 thank each of you for your respectful consideration in 14 voting no to request to build the solar -- the 15 Chestnut Solar farm in Pleasant Township. 16 Respectfully, Judy Lehner. 17 JUDGE MARCELLETTI: Thank you, 18 Ms. Lehner. Do you wish to provide a copy of your 19 statement to the court reporter, ma'am? 20 (Exhibit 28 was marked for 21 identification.) 22 MS. LEHNER: I will. 23 JUDGE MARCELLETTI: Thank you. 24 No questions? 25 Mr. Jerome, if you did sign up, I think 183 1 it seems to be that you are next, and I have 2 Mr. Joseph Barney. 3 And then Mr. Clint Canterbury, you will 4 bring up the end. 5 Good evening, sir. If you'd please 6 raise your right hand, do you swear or affirm that the 7 testimony you are about to provide will be the truth? 8 MR. JEROME: Yes. 9 JUDGE MARCELLETTI: Thank you and I 10 know you are an intervener in this case; is that 11 correct? 12 MR. JEROME: Right. 13 JUDGE MARCELLETTI: If you can please 14 state and spell your name for the record and your 15 address, sir. 16 MR. JEROME: Noel Jerome, 614 Newmans 17 Cardington Road East, Marion, Ohio 43302. 18 JUDGE MARCELLETTI: Do you reside or 19 work within the project area, sir? 20 MR. JEROME: I do not. I am adjacent 21 to but not directly associated with. 22 JUDGE MARCELLETTI: Thank you. 23 Whenever you're ready. 24 THE REPORTER: Can you spell your name 25 for me? I apologize, sir. Spell your name, please. 184 1 JUDGE MARCELLETTI: Noel, spell your 2 name. 3 MR. JEROME: N-O-E-L. 4 THE REPORTER: And your last? 5 MR. JEROME: J-E-R-O-M-E. 6 THE REPORTER: Thank you. I apologize 7 for interrupting. 8 WHEREUPON, 9 NOEL JEROME, 10 called as a witness and having been first duly sworn 11 to tell the truth, the whole truth, and nothing but 12 the truth, was examined and testified as follows: 13 DIRECT STATEMENT 14 MR. JEROME: The photographs I 15 presented to you are from Narenco's website. It shows 16 solar projects in North Carolina, South Carolina, 17 Maryland, and Florida. I would like to point out that 18 there are very few houses close to these solar 19 projects. We have similar isolated locations in Ohio 20 but not in Pleasant Township. There's one project 21 approved in the county, but it is located in an 22 industrial park. 23 At the location you are proposing in 24 Pleasant Township, there are approximately 200 homes 25 and families in close proximity to the proposed 185 1 project. We've had two major environmental cleanups 2 in Marion County. One is a Little Scioto River that 3 was due to hazardous waste being dumped from a 4 creosote operation. The superfund site was being 5 cleaned up using taxpayer dollars. 6 The other site is the original River 7 Valley High School. It was built at the corner of 8 state routes 98 and 309. The land was the site of the 9 old ordnance plant that was used to build bombs and 10 shells during World War II. The land was purchased in 11 1964. 12 In 1997 the Ohio Department of Health 13 began investigating a report of high cancer rates 14 among River Valley High School graduates and students. 15 The headline in the Columbus Dispatch reads "Leukemia 16 News Stuns Marion. Death rates up 122 percent in 17 30-year study -- 30-year state study finds." 18 My wife's brother attended River Valley 19 and was diagnosed in 1972 with leukemia. He died in 20 1973 just six weeks before he would've graduated from 21 high school. A friend I worked with at Whirlpool 22 mowed the grass and took care of the ballfields. He 23 died of cancer at an early age. This site was also 24 cleaned using taxpayer dollars. 25 We don't know if solar will cause 186 1 adverse health. What we do know is some of the 2 components of the solar panels use toxic chemicals 3 such as cadmium and lead. We don't know the long-term 4 effects of solar energy. That is yet to be 5 determined. 6 Solar projects should be located in 7 areas where there are -- if there are adverse health 8 issues, drainage, pollution of groundwater, and now 9 aquifers, air quality as a result of fires, and 10 excessive noise, that the solar fields affect the 11 fewest number of people. 12 My last point is what happens after 13 40 years of solar production from these fields? Do 14 you realistically believe they are going to be 15 returned to farm ground? The demand for electricity 16 will continue to increase. It is unlikely the power 17 companies and the state will want to give up any 18 continuing operation that will generate more 19 electricity. 20 And as aside to that, this was just on 21 the news recently. Columbus has recently reached a 22 million and a half people. And over 40 percent of all 23 the jobs in the state of Ohio are generated in that 24 area. And whatever we do up here at some point is 25 going to reach them, whether it's any kind of 187 1 pollution or anything else. 2 There are three major rivers in Central 3 Ohio that drain literally hundreds of square miles of 4 land, and they all converge in Columbus. So I'm just 5 saying be careful of what you do here because there's 6 a million and a half people that live downstream from 7 us. Thank you. 8 JUDGE MARCELLETTI: Thank you, 9 Mr. Jerome. Do you want to provide a copy of your 10 statement to the court reporter? 11 (Exhibit 29 was marked for 12 identification.) 13 MS. FLAHIVE: No questions. 14 JUDGE MARCELLETTI: Thank you. 15 THE REPORTER: Thank you, sir. 16 JUDGE MARCELLETTI: Mr. Joseph Barney, 17 you are up next. And, again, Mr. Clint Canterbury, 18 you will be bringing up the end for us tonight. 19 Good evening, sir. If you'd please 20 raise your right hand, do you swear or affirm that the 21 testimony you are about to provide will be the truth? 22 MR. BARNEY: Yes. I do. 23 JUDGE MARCELLETTI: And I am under the 24 impression that you are an individual intervener in 25 this case? 188 1 MR. BARNEY: That is correct. 2 JUDGE MARCELLETTI: Excellent. If you 3 could, please, state and spell your name for the 4 record and give us your address, sir? 5 MR. BARNEY: Joseph Michael Barney, 6 1326 Somerlot Hoffman Road, East Marion, Ohio, 7 Pleasant Township. 8 JUDGE MARCELLETTI: Do you reside or 9 work within the project area? 10 MR. BARNEY: Apparently, there's a 11 legal definition, which I think was trying to be 12 communicated that I'm unaware of. I'll simply say my 13 house is directly across the street on the north side 14 of the project. 15 JUDGE MARCELLETTI: Thank you, sir. 16 Whenever you're ready. 17 MR. BARNEY: Thank you. 18 WHEREUPON, 19 JOSEPH MICHAEL BARNEY, 20 called as a witness and having been first duly sworn 21 to tell the truth, the whole truth, and nothing but 22 the truth, was examined and testified as follows: 23 DIRECT STATEMENT 24 MR. BARNEY: So as you might expect, a 25 lot of the things I was going to say have already been 189 1 said. I'm here today as a father, a husband, a 2 homeowner, and as a United States Marine Corps war 3 veteran. 4 Since I don't need the full amount of 5 time, I just want to say I really appreciate this 6 community, and I'm proud of you. Thank you for coming 7 out and passionately defending our home. I want to 8 say that because I'm not actually from here. I live 9 here now, but I'm not from here. While I was in the 10 Marine Corps, my parents moved here. I moved back to 11 go to Ohio State. We lived out of state for years but 12 chose to come back to Marion because of people like 13 you. 14 I'm proud to be here. I'm proud that 15 you're fighting. There are others in the room who are 16 here for a paycheck. They don't live here. They 17 don't. We live here. Listen to the voices in the 18 room. And I understand property owner's rights. I 19 do. That's part of what I fought for. I am a 20 passionate defender of freedom and rights. I put my 21 life on the line for those things. 22 Part of the reason why I left the 23 Marine Corps is because I wanted a family. I wanted 24 to start a legacy in a community, plugged in, plant 25 roots. That's exactly what I'm doing with my family. 190 1 We own a home, an old house on the edge of town. You 2 know the one. It's the one with the white fence, the 3 dog and the two kids in the yard. We're living the 4 American dream. We fly a flag because we're proud. 5 The legacy I wanted to leave is being 6 attacked. The things I want to leave for my kids, 7 they're not going to be there. I do have real 8 concerns about flooding. The road right in front of 9 my house gets water, not just next to it, on it. And 10 there are cars that fly down that road and almost get 11 in an accident every time it rains hard. That's a 12 very real concern. 13 I also can personally testify to bald 14 eagles landing in that field, flying across the road 15 and in the field behind my house. What's going to 16 happen to that? 17 The last thing I just want to say is, 18 you know, we all have rights. I said that, and I'm a 19 proud defender of rights. I appreciate the property 20 rights of the landowner. However, some rights end 21 where other rights begin. We have rights, too. In 22 the words of Oliver Wendall Holmes, who was an 23 associate justice of the U.S. Supreme Court, he said, 24 "The right to swing my fist ends where the other man's 25 nose begins." If this project is approved, well, it 191 1 feels like we're all about to get punched in the nose. 2 Will you defend us the way I defended you? Thank you. 3 JUDGE MARCELLETTI: Thank you, 4 Mr. Barney. Would you like to give -- thank you. 5 (Exhibit 30 was marked for 6 identification.) 7 THE REPORTER: Thank you, sir. 8 JUDGE MARCELLETTI: Mr. Clint 9 Canterbury? Good evening, sir. 10 MR. CANTERBURY: Good evening. 11 JUDGE MARCELLETTI: Please raise your 12 right hand. Do you swear or affirm that the testimony 13 you are about to provide will be the truth? 14 MR. CANTERBURY: Yes, ma'am. 15 JUDGE MARCELLETTI: Thank you. And I 16 believe you are an individual intervener; is that 17 correct? 18 MR. CANTERBURY: Yes, ma'am. 19 JUDGE MARCELLETTI: If you can please 20 state and spell your name for the record and then add 21 on your address, please? 22 MR. CANTERBURY: Thank you. Clint 23 Canterbury, C-L-I-N-T, Canterbury, 24 C-A-N-T-E-R-B-U-R-Y. I live at 351 Owens Road West, 25 Pleasant Township, Marion. 192 1 JUDGE MARCELLETTI: Do you reside or 2 work within the project area, sir? 3 MR. CANTERBURY: I work. 4 JUDGE MARCELLETTI: Okay. Whenever 5 you're ready. 6 MR. CANTERBURY: Thank you. 7 WHEREUPON, 8 CLINT CANTERBURY, 9 called as a witness and having been first duly sworn 10 to tell the truth, the whole truth, and nothing but 11 the truth, was examined and testified as follows: 12 DIRECT STATEMENT 13 MR. CANTERBURY: As most of you know 14 and may have read in my letter already that I 15 submitted to the Siting Board, a lot of people in here 16 have quoted my letter and whatnot. And I think you 17 all know in this room I'm the fire chief. I don't 18 think that's a secret. I've lived in Pleasant 19 Township for about 30 years now. 20 You know, I do believe in solar. I do 21 believe in green energy, but Pleasant Township is not 22 the place for it. There is a need. There is a place, 23 just not our home. And, you know, when I looked 24 through the application, Table 6-4, Pleasant Township 25 Fire Department would receive approximately $38,000 193 1 annually. 2 Probably not a lot of people know in 3 this room that we obtained a $3,000,000 grant to start 4 a fulltime fire department last March. And an annual 5 salary of one single fireman is only $50,000. We're 6 the lowest-paid fire department in a four-county 7 region. And they're only going to give us $38,000 8 annually to provide protection? 9 We're had 110 percent increase in call 10 volume over the last four to five years. Now we're 11 going to add the burden of a solar field. I don't 12 have foam. We don't have foam equipment. And I don't 13 know if you guys checked the price tag of a fire truck 14 lately. It's about a million dollars, and that's the 15 cheap one, right? Government does low bids. That's 16 the cheap one, a million dollars. And that doesn't 17 include other equipment, hazmat equipment, damming- 18 diking materials needed to protect 562 acres, I 19 believe, is what it is. 20 So I just think the solar facility 21 emergencies are significantly beyond normal operations 22 that exceed our current capacity to respond. Due to 23 the lack of data, definitive case studies, available 24 training on strategies and tactics of large-scale 25 solar facilities and this is a megafarm. You all 194 1 heard of mega hog farms. We've all heard of mega 2 poultry farms. Well, this is a megafarm, right? It 3 says right here it's a 68-megawatt facility. These 4 new hazards represent a significant threat to our 5 community, and I strongly oppose this solar project. 6 But I also want the community to know, 7 just like Mr. Barney, it makes my heart whole that 8 every one of you are here in red. And my friend Doug, 9 I promise you I'll give you the memo next time 10 wherever you're at, Doug. You want a red shirt? 11 Because I got it. 12 It's amazing what the community has 13 come together today. And you guys have always 14 supported -- I say -- I have the luxury of saying "my 15 fire department." But it's our fire department. It's 16 our community. I am responsible for 29 square miles 17 of Pleasant Township. But some of you may know I'm 18 also a fulltime fire chief that I protect 110 square 19 miles. Add those together. I cover about a third of 20 Marion County. It's 404 square miles. 21 I know what responsibility is. I know 22 what a hazard is. I know what an emergency is. I 23 think this is an emergency for Pleasant Township. 24 We're here to say no. You guys just responded to our 25 emergency, and that was no; right? That's all I have. 195 1 JUDGE MARCELLETTI: Thank you, 2 Mr. Canterbury. 3 JUDGE AGRANOFF: Mr. Canterbury, if you 4 could just explain which fire department are you 5 actually employed by? 6 MR. CANTERBURY: Pleasant Township Fire 7 Department. And I'm also a fire chief at First 8 Consolidated Fire District. 9 JUDGE AGRANOFF: First Consolidated? 10 MR. CANTERBURY: Fire District is my 11 fulltime professional job. 12 JUDGE AGRANOFF: Thank you. 13 JUDGE MARCELLETTI: Mr. Canterbury, did 14 you have any copies that you wanted to provide the 15 court reporter today? 16 MR. CANTERBURY: Nothing I haven't 17 already submitted. 18 JUDGE MARCELLETTI: Okay. Thank you. 19 MR. CANTERBURY: Thank you. 20 JUDGE MARCELLETTI: At this time, this 21 concludes the witnesses who signed up to testify. 22 Again, I will reiterate if there's anyone who did not 23 testify tonight, you are certainly welcome to file 24 written comments, and you can see our board staff in 25 the back. 196 1 We would like to thank everyone for 2 their participation tonight and their patience. We'd 3 like to thank the Tri-Rivers Career Center for 4 allowing us to use their wonderful facilities in order 5 to conduct this public hearing tonight. 6 And thank you to our ad hoc members for 7 attending this evening. The hearing has now 8 concluded, and the transcript along with all the 9 documents will be submitted on the record for the 10 board's consideration in this case. Thank you all 11 again and have a wonderful evening. 12 THE REPORTER: Going off the record at 13 8:51 p.m. 14 (Whereupon, at 8:51 p.m., the 15 proceeding was concluded.) 16 17 18 19 20 21 22 23 24 25 197 1 CERTIFICATE 2 I, MICHAEL RENNILLO, the officer before whom 3 the foregoing proceedings were taken, do hereby 4 certify that any witness(es) in the foregoing 5 proceedings, prior to testifying, were duly sworn; 6 that the proceedings were recorded by me and 7 thereafter reduced to typewriting by a qualified 8 transcriptionist; that said digital audio recording of 9 said proceedings are a true and accurate record to the 10 best of my knowledge, skills, and ability; that I am 11 neither counsel for, related to, nor employed by any 12 of the parties to the action in which this was taken; 13 and, further, that I am not a relative or employee of 14 any counsel or attorney employed by the parties 15 hereto, nor financially or otherwise interested in the 16 outcome of this action. 17 <%21018,Signature%> 18 MICHAEL RENNILLO 19 Notary Public in and for the 20 State of Ohio 21 22 23 24 25 198 1 CERTIFICATE OF TRANSCRIBER 2 I, JOELLEN RIVERA, do hereby certify that 3 this transcript was prepared from the digital audio 4 recording of the foregoing proceeding, that said 5 transcript is a true and accurate record of the 6 proceedings to the best of my knowledge, skills, and 7 ability; that I am neither counsel for, related to, 8 nor employed by any of the parties to the action in 9 which this was taken; and, further, that I am not a 10 relative or employee of any counsel or attorney 11 employed by the parties hereto, nor financially or 12 otherwise interested in the outcome of this action. 13 14 <%29051,Signature%> 15 JOELLEN RIVERA 16 17 18 19 20 21 22 23 24 25