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Kentucky Public Service Commission Grants Partial Confidential Treatment to Solar Project Files

Strategic Insights

— 2 min read

The Kentucky Public Service Commission (PSC) has issued an order on May 20, 2025, granting partial confidential treatment to certain files related to the Clover Creek Solar Project, a 100-megawatt solar generating facility in Breckinridge County, Kentucky. The project, proposed by Clover Creek Solar, LLC d/b/a New Frontiers Solar Park, involves the construction of a merchant electric solar generating facility and a nonregulated electric transmission line. In the order, the PSC determined that certain material terms of a purchase power agreement (PPA) between the project developer and a third-party purchaser are generally recognized as confidential and proprietary, and thus exempt from public disclosure.

Key Takeaways:

  • The Kentucky Public Service Commission granted partial confidential treatment to certain files related to the Clover Creek Solar Project, a 100-megawatt solar generating facility in Breckinridge County, Kentucky.
  • The PSC determined that certain material terms of a purchase power agreement (PPA) between the project developer and a third-party purchaser are generally recognized as confidential and proprietary.
  • The PSC found that disclosure of the material terms could provide a competitive advantage to competitors and economically harm the project developer.
  • The order granted confidential treatment to the lease amounts, escalation of lease payments, remedies available to the parties for nonperformance, economic terms other than lease terms, and the structure of the lease term, including the outside date for the rent commencement date.
  • The PSC denied confidential treatment for the remaining portions of the PPA and ordered the project developer to file a revised version of the designated material, reflecting as unredacted the information that has been denied confidential treatment.
  • The PSC will not make the requested material for which confidential treatment was granted available for inspection for 30 days from the date of service of an Order finding that the material no longer qualifies for confidential treatment.
  • Clover Creek Solar must seek a remedy afforded by law within 30 days of the date of service of the Order if it objects to the PSC's determination that the requested material not be granted confidential treatment.

Statistics:

  • 100-megawatt capacity of the solar generating facility
  • Breckinridge County, Kentucky as the location of the facility
  • 2025 as the year the PSC issued the order
  • April 1, 2025 as the date on which Clover Creek Solar filed the petition for confidential treatment
  • 30 days as the timeframe for Clover Creek Solar to file a revised version of the designated material and for the PSC to make the requested material for which confidential treatment was granted available for inspection

Sources:

  • Kentucky Public Service Commission, Order in the Matter of: Electronic Application of Clover Creek Solar Project D/B/A New Frontiers Solar Park for a Certificate of Construction for an Approximately 100 Megawatt Merchant Electric Solar Generating Facility and Nonregulated Electric Transmission Line in Breckinridge County, Kentucky, Pursuant to KRS 278.700 and 807 KAR 5:110, Case No. 2024-00253, May 20, 2025.

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