Residents crowded Council Chambers on Aug. 2 – many leaning against the back wall waiting for the Planning Commission’s discussion on the Natick Solar Farm project. The development, which has been tied up in litigation for the past several years, was brought back to the Planning Commission last week per the orders of Rhode Island Superior Court Justice Netti Vogel. The matter will likely be continued to a meeting in September or early October; a date has not yet been set.

The applicant, Revity Energy LLC., came before the Planning Commission in 2019 and proposed building an 8.1 megawatt solar energy field on a 29-acre parcel on Natick Avenue, which would generate savings for the city. The legal matter developed after the Planning Commission closed public comment during its January 2019 informational meeting but did not reopen public discussion at its February meeting when over 100 pages of information and the relocation of 500 panels were added to the record.

Attorney Robert Murray, representing Revity Energy LLC, said just before the Aug. 2 meeting, the abutters’ attorney – Patrick Dougherty – called to discuss some legal issues and case law from a 1968 Rhode Island Supreme Court Case. The case determined if a case returned to a board that has mostly new members, the board cannot merely take a new vote – they would have to redo the whole process. Only three of the original nine members who voted on the Natick Solar Farm project in 2019 remain on today’s commission. Based on the discussion and on behalf of his client, Murray asked the commission to consider moving the matter a month.

“We will proceed, it’s just a question of the format and how that will happen,” said Murray.

To his knowledge Murray said Justice Vogel did not set a deadline and on a side note he added that the solar farm’s master plan does have an extension until February of next year.

With a 10-minute discussion on coordinating schedules, Commissioner Steve Frias motioned to continue the matter to a planning board special meeting with proper notice provided to the abutters and public.

Net metering

The night before the Planning Commission’s August meeting, Councilman Robert Ferri asked the city’s solicitor for an update on the city’s net metering contract with Revity Energy in conjunction with the Natick Solar Farm project. Ferri said there are residents who believe the city is not getting a fair shake on the contract it signed with the previous administration.

City solicitor Christopher Millea said Cranston entered a contract with Revity in November of 2020 to obtain 15,750 kilowatt hours that are purchased through credits. The city signed an exclusive contract with Revity where they would receive a discount rate of 32.5 percent.

“The city’s losing approximately $800,000 to $900,000 per annum because this is tied up in litigation,” said Millea. “It’s costing the city money to defend the litigation and it’s costing us because the Natick Solar farm is not yet built.”

Prior to the amended agreement, the city received offers from other companies on net metering contracts.

“The way the finances are with the city right now, wouldn’t we want to be getting on board with another company that wants to give us a net metering contract?” Ferri asked.

At June’s City Council meeting, Murray said in April 2022, Revity waived the exclusivity of its contract to see if other potential partners would provide some financial assistance in the interim months.

Millea said in the last fiscal year, $20,000 to $25,000 was expended on litigation for the city – he added that Natick could be tied up in litigation for a while. Millea said there are some avenues that are being investigated through contracts and negotiations and that Revity will be meetings with the administration to discuss what can be done to move this all forward to save the city money.