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U-21932 Acceleration Solar Siting Issue Brief

U-21932 Acceleration Solar Siting Issue Brief

Case Summary

This case is Michigan's first solar siting certificate, and the first settlement, under Public Acts 233 and 234 of 2023 (U-21932). On June 18, 2025, Acceleration Solar filed an application with the Michigan Public Service Commission (MPSC) for a 90-megawatt (MW) solar project in Leslie Township, Onondaga Township, and Vevay Township in Ingham County. The Commission approved the settlement agreement on August 27, 2026, and the developer plans to begin construction in 2027.

The townships where the project would be located took part in the case, along with MPSC Staff. After reviewing the project and submitting testimony, the parties reached a settlement agreement and filed it for Commission consideration on July 31, 2026.

Why is this case before the MPSC?

Public Act 233 of 2023 (PA 233) created a state‑level siting process for large renewable energy facilities—solar, wind, and storage—in specific situations. A developer may apply to the MPSC for siting approval after complying with the requirements of Sections 223 and 224 of PA 233. However, the affected townships (also referred to as affected local units or ALUs) maintain local control over siting of such facilities if each ALU notifies the developer that it has a Compatible Renewable Energy Ordinance (CREO), which allows for the development of large renewable energy facilities, and unless any of the following occurs:

  • An ALU requests Commission involvement.
  • An ALU fails to timely approve or deny the project.
  • An ALU denies a PA 233 Sec. 226(8)-compliant application.
  • An ALU changes its ordinance while the project is pending to impose more restrictive requirements than PA 233 allows.

Developers must follow the MPSC’s Application Filing Instructions and Procedures (AFIP), approved in Case U-21547.

In this case, the ALUs did not each have a CREO, and the matter was therefore brought before the Commission. Ingham County—an ALU under PA 233 as clarified by the Court of Appeals—chose not to participate in the case and instead reached a separate host agreement (community benefits agreement) with Acceleration Solar.

For additional information on the PA 233 process, including what qualifies as a CREO, please visit the Commission’s Renewable Energy and Storage Facility Siting web page.

What does a settlement agreement mean in this type of case?

The settlement agreement means that all parties—Acceleration Solar, MPSC Staff, and the three townships—agree on project conditions that resolve all issues in the case and request Commission approval of a siting certificate.

What does the Commission consider when presented with a settlement agreement?

When a settlement agreement is filed, each party has fourteen days to file either agreement, objection, or statement of non-objection to the settlement (Administrative Hearing Rule 792.10431- Rule 431). Objecting parties are provided an opportunity to submit evidence and arguments in opposition to the settlement. In order to approve a proposed settlement agreement, the Commission must make the following findings:

  • The public interest is adequately represented by the parties who entered into the settlement agreement.
  • The settlement agreement is in the public interest and represents a fair and reasonable resolution of the proceeding.
  • If any party objects to the settlement agreement (which then makes it a “contested settlement”), the Commission must also find that the settlement agreement is supported by “substantial evidence on the record as a whole.”

What would have happened if a settlement was not reached?

If the parties had not settled, the case would have proceeded to a full contested hearing, followed by a Commission order determining whether a siting certificate would be granted and under what conditions.

What is in this settlement?

Key Settlement Provisions

The settlement establishes detailed requirements for project construction, noise control, screening, lighting, complaint resolution, decommissioning, financial assurance, and more. It also formalizes host community benefit payments of $2,000 per MW of the project and associated local commitments, including additional funding for public safety.

  • Community Benefits & Local Coordination:

    • At least $2,000 to each township for each MW of solar panels located within the ALU.
    • Additional commitments for legal expenses, drain maintenance, and first‑responder training.

  • Noise & Sound:

    • Must meet PA 233’s 55 dBA standard (sound level) at the nearest non‑participating home.
    • Requires tonality and façade corrections in sound modeling.
    • Baseline sound monitoring, final modeling, and post‑construction testing are mandatory.

  • Complaint Resolution:

    • Prompt investigation and interim noise mitigation required.
    • Verbal and written complaints will be accepted, tracked, and reported.

  • Lighting:

    • Dark‑sky compliant, downward‑facing light fixtures.
    • Use of motion sensors/timers where available.
    • Lighting limited to substation and operations building.

  • Screening & Vegetation:

    • Evergreen tree screening offered to nearby residents.
    • Resident‑input process for tree placement.
    • Pollinator‑friendly ground cover required.

  • Environmental & Habitat:

    • Tree clearing or other activities impacting forested area reduced.
    • Prohibited tree clearing on the western edge of project to preserve habitat.

  • Project Layout:

    • Project must follow filed site plans.
    • Only minor changes allowed (e.g., certain adjustments that reduce the overall project footprint).
    • Equipment relocation cannot reduce distance to noise receptors.

  • Host Community Agreement (Ingham County)

    Acceleration Solar separately agreed to pay an impact fee of $2,000 per MW to Ingham County. Ingham County agreed to:

    • Waive its right to intervene.
    • Consent to issuance of the siting certificate.
    • Waive its right to appeal the certificate.

Who pays for the infrastructure to be removed when the project is no longer generating power?

According to the settlement, decommissioning—or the process of taking a facility out of operation—is required after 12 months of non-operation unless otherwise approved by both the townships and the MPSC. The applicant is responsible for decommissioning costs and must post assurance for those costs before construction begins. The project’s decommissioning bond shall be posted with the MPSC. If the developer fails to begin decommissioning by the required timeline, the MPSC may initiate the process, drawing on that financial assurance.

When decommissioning the project, the applicant is required to remove all underground infrastructure regardless of depth and to restore the land to productive agricultural use across the entire project area.

What will happen next?

The MPSC and townships will monitor the construction and management of the project to ensure compliance with the site plan and agreement. The applicant will continue reporting to the Commission throughout the project’s life. During construction, the applicant will submit monthly construction project reports to the MPSC and townships and, once the project is completed, they will report annually on energy production, complaints received, maintenance, and financial assurance. This reporting will continue throughout the life of the project.

Why has the Commission proceeded with hearing this case when there is pending litigation over the Commission’s implementation of PA 233?

The Commission must continue to carry out its responsibilities under Public Act 233 unless a court rules otherwise. PA 233 remains in effect, and state agencies are legally obligated to administer and enforce statutes that are currently in force. The Commission will continue processing applications, conducting contested cases, and evaluating settlements under PA 233 in accordance with In re Implementing Provisions of Public Act 233 of 2023, Michigan Court of Appeals Docket No. 373259, until the pending litigation is resolved.

Related Siting Materials

Renewable Energy and Storage Facility Siting

This page explains how large-scale wind, solar, and battery projects are reviewed under the 2023 siting law. It outlines the application process, public and local government involvement, and minimum distance rules for safety. It also provides links to guidance, current project listings, and contact information for community members, landowners, and developers.