Overview

Overview

Our attorneys have extensive experience and deep knowledge of the OPSB process. We utilize a project management approach to support developers through all facets of the siting process, including application preparation, the OPSB investigation, hearings, litigation, and appeals. We understand the interplay of the siting process with other critical project components, including financing and delivery requirements, and work closely with project teams to coordinate the siting process with these milestones.

The OPSB oversees a comprehensive, multi-phased process for siting specific energy generation and transmission facilities falling under the definition of a "major utility facility." This includes:

  • Energy generation facilities: Covering wind projects with an aggregate capacity of five or more megawatts (MW) and other energy generation projects designed for 50 MW or more.
  • Intrastate Electric Transmission Lines: Encompassing facilities with 125 kilovolts or more design capacity.
  • Intrastate Gas Pipelines: Including facilities longer than 500 feet, with an outside diameter exceeding nine inches, and designed for transporting gas at a maximum allowable pressure over 125 pounds per square inch. 

We assist clients with the following:

Project Management Approach: Our team employs a project management approach to support developers throughout the siting process. This encompasses close collaboration during application preparation, active involvement in OPSB proceedings, and strategic engagement in litigation and appeals. We recognize the interconnectedness of the siting process with other crucial project components, such as financing and delivery requirements, and work closely with project teams to synchronize these milestones.

Beyond Siting: Our commitment also extends beyond the immediate siting process. Bricker Graydon routinely supports project developers on various issues, including property tax abatements, real estate matters, construction concerns, financing due diligence, and government relations. 

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