Professor Heidi Gorovitz Robertson testified at an Ohio Power Siting Board hearing pertaining to the proposed Frasier Solar energy development project. The hearing concerned whether the OPSB should grant Frasier a Certificate of Public Necessity and Convenience, a necessary precursor to obtaining a permit to construct the facility. Frasier Solar has proposed an industrial scale 120-megawatt solar energy project in Knox County, Ohio. Knox Smart Development, among others, opposes the project. To prepare Robertson for testimony, Environmental Law Fellow Mark Bank, a second-year law student, worked through all of the citizen testimony from three separate public hearings on this matter. Bank and Robertson sorted all of the citizen comments made in opposition to the project into four categories – those that were contrary to fact, those for which the concerns were mitigated through permit conditions or applicant concessions, those that were statements of opinion, and those for which the record neither supported nor disproved the statement. The purpose was to determine whether the citizen concerns amounted to “prominent, one-sided, and compelling opposition to the project – the OPSB’s stated standard for denying the requested certificate. Robertson and Bank found that although comments in opposition outnumber comments in support of the project by more than a 2 to 1 margin, only a few of the comments were not factually incorrect, mitigated, or statements of opinion. Robertson and Bank conducted this research in cooperation with the Ohio Environmental Council and Robertson’s testimony supported the OEC’s efforts to assist Frasier Solar’s effort to increase Ohio’s solar energy production capacity.
Prof. Robertson is the Steven W. Percy Distinguished Professor of Law (CSU|Law) and Professor of Environmental Studies (Levin College).