Edward Bonadiman, a Civil Engineer for Clearway Energy, promoting the Daggett Solar Power 1 project during the December CSD general meeting.

Newberry CSD
Might Still Fall Short
On Filing Solar Appeal

Posted: December 21, 2019
Newberry Springs Community Alliance

by Ted Stimpfel

Will the CSD Board members deliver?

    The Newberry CSD last Tuesday voted to move forward on the filing of a judicial appeal on the County Supervisor's approval of the Daggett Solar Power 1 project.

    The CSD has scheduled a Special Board Meeting this Monday at 6 P.M. at the Newberry CSD building to select an attorney.

    The published agenda reads,

3. Agenda Items- Discussion/Possible Action

a. Possible Attorney Selection/Hire for Appeal of
    SB County Denial.
    Discussion/Possible Action

    Discussion/Possible Action

    This meeting is critical.  The agenda's "Possible Attorney Selection" and "Possible Action" may be just an unfortunate use of the word "Possible" or it might be a revelation.

    An appeal needs to be filed by January 9, 2020, and a "possible" attorney needs to be hired and given time to acquire the Administrative Record from the County and write the Appellant's Opening Brief.  If the Board understood what is involved, they would have been wisely preparing long ago.

    The CSD will need to allocate sufficient funding for attorney fees, filing fees, and costs.  Initially, this should be an amount sufficient to cover the Opening Brief and a Reply Brief.  Will they do it?

    Director Larry Clark at the September 24th and the December 17th CSD meetings voted to support the community's filings.  He has voted for the judicial appeal.  This was despite his earlier long-held personal support for the solar project.  He appears to have placed his personal views aside to represent the majority of Newberry.

    Director Paula Deel, to possibly avoid a conflict of interest, recused herself from last Tuesday's vote.  If Deel wanted to oppose the solar facility and support the community, why did she remove herself and not vote for a judicial appeal?  She could possibly be a pro-solar vote next Monday.

    Director Vickie Paulsen was ill and missed last Tuesday's CSD meeting.  She worked hard on the appeal presentation given before the County Supervisors.  Paulsen will probably support the community by voting to appeal the Supervisors decision.  However, there is uncertainty.  From her director's seat, Paulsen has previously voiced acceptance of a part of the solar project based upon some minor off-sets near the airport.  In principle, Paulsen is an advocate for compromise on matters.

    President Robert Springer along with Jack Unger, have been the only Board members to have specifically voiced outright opposition to the solar project.

    To organize a judicial appeal over the holidays is difficult.  Director Terri Rahhal of the county's Land Use Services recognized this in her scheduling of the Supervisors' Hearing.  As a county employee, she plays the gamesmanship very well, but for the wrong side.  She corruptly works against those who pay her salary, the taxpayers.

    The Monday night meeting should be a short one, but it is very important.  It is impossible to contain Mother Nature nor an upwind lithium battery fire.  Hopefully, the CSD Board will find a great CEQA attorney to handle this critical issue for the community.  Lives in our community are at risk.

    The County's Land Use Services and Supervisor Robert Lovingood have certainly given us a rotten Christmas gift.

CSD Special Board Meeting
Monday, December 23, 2019
6 P.M.
Newberry CSD Building
30884 Newberry Road
South end of Newberry Road

  Please spread the word and attend.

Related past news blog:
CSD filing of judicial appeal. - 12/17/19

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