Crab Run Solar 45MW Facility, Marion County, Evidentiary Hearing Procedures
Summary
The Kentucky State Board on Electric Generation and Transmission Siting issued a procedural order for Case No. 2025-00276, establishing hearing procedures for Crab Run Solar, LLC's application for a Construction Certificate to build a 45-megawatt merchant solar facility in Marion County. The order sets cross-examination procedures and sequences intervenors due to the number of pro se parties involved.
What changed
The Siting Board issued a procedural order on its own motion establishing the structure of the evidentiary hearing for Crab Run Solar's 45-megawatt solar facility application. The order sets a fixed sequence for cross-examining Crab Run Solar's witnesses (beginning with Kathy Dow and ending with Brian and Kim Thompson) and mandates that all parties submit at least 20 paper copies of any evidence to be presented through cross-examination. The order also clarifies that opening statements and direct testimony summaries are not permitted.
Parties granted intervention in this proceeding—including adjacent landowners—should be aware that the hearing is strictly limited to cross-examination and presentation of evidence through that method. Documents already filed in the docket need not be re-admitted but may be referenced. The Siting Board expects to permit post-hearing data requests and briefs by subsequent order.
Hearing
- Date
- 2026-04-28 at 09:00
- Location
- Frankfort, Kentucky
Archived snapshot
Apr 22, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
COMMONWEALTH OF KENTUCKY BEFORE THE KENTUCKY STATE BOARD ON ELECTRIC GENERATION AND TRANSMISSION SITING In the Matter of:
O R D E R On December 19, 2025, Crab Run Solar, LLC (Crab Run Solar) filed an application seeking a Construction Certificate, pursuant to KRS 278.706, to construct an approximately 45-megawatt merchant electric solar facility in Marion County, Kentucky. On April 3, 2026, the Siting Board granted intervention to numerous adjacent resident landowners to the proposed solar project. 1 Pursuant to the procedural schedule, an evidentiary hearing is scheduled for this matter at 9 a.m. Eastern Daylight Time on April 28, 2026, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort Kentucky. The Siting Board, on its own motion, finds that an Order addressing the structure of the hearing is necessary due to the number of pro se adjacent landowners that have been granted intervention. Even though Intervenors have been granted intervention and are not represented by counsel the intervenors are still held to the same standard as if they are a licensed attorney. The Siting Board is governed by KRS 278.700-718 and 807 KAR 5:110. ELECTRONIC APPLICATION OF CRAB RUN ) Order (Ky. Siting Board Apr. 3, 2026). 1SOLAR, LLC FOR A CERTIFICATE OF ) CASE NO. CONSTRUCTION FOR AN UP TO 45 ) 2025-00276 MEGAWATT ELECTRIC SOLAR GENERATING ) FACILITY IN MARION COUNTY, KENTUCKY )
Each party will be given the opportunity to question witnesses and present evidence through cross-examination. Although the Siting Board does not adhere strictly to the Kentucky Rules of Evidence, the Siting Board does require relevance and some foundation for the introduction of non-record evidence through cross-examination. Accordingly, all questions must be related to the testimony the witness has provided, either in prior sworn testimony or from the witness stand, or to the application. Each party may choose to question or not to question each witness. Due to the number of persons involved, the Siting Board encourages participants to take an active listening role during the questioning by others to limit repetitive questioning. The Siting Board further requires parties to be courteous and respectful toward the other participants and the Siting Board during the hearing. As with all Siting Board evidentiary hearings, opening statements nor summarization of direct testimonies shall be permitted. Each party may present evidence through cross-examination. However, the evidence must be relevant and related to the witness who has provided testimony. If a person seeks to admit new evidence, a basis for the truthfulness and relevance of the document must be provided. All documents already filed into the docket of this matter are already part of the record that the Commission will consider in adjudicating this matter, and do not need to be presented again at the hearing. These documents may be referenced but do not need to be admitted into evidence. Parties should ensure they have at least 20 paper copies of any evidence a party wishes to present through cross-examination, for the benefit of other parties, the Commission and the reporter.
-2- Case No. 2025-00276
It is expected the Siting Board will permit, by further Order, an opportunity for post hearing data requests for information sought at the hearing in this matter, but for which a response or information was not readily available. Additionally, in accordance with ordinary Siting Board's practice, the position of parties in relation to the application and proposal may be provided as part of a post-hearing brief. Parties will be provided an opportunity to file post-hearing briefs, and the date by which those briefs will be due will be set by a subsequent order. No parties are permitted to exclaim their position on the application at the hearing in this matter. Rather, the hearing is for the purpose of conducting cross-examination of witnesses, and the presentation of evidence through cross-examination. Regarding the order of questioning during the hearing Crab Run Solar will present their witnesses to the stand and for those intervenors who would like to conduct a cross examination of any of Crab Run Solar's witnesses it will be done so in the following order: Kathy Dow; Mary Angela Mattingly; Richard Mattingly; Terri L. Miles; Glenn and Lynn Russell; Susan Spalding; Bobby Thomas; Olivia Thomas; Robert Thomas; and Brian and Kim Thompson. The Chair of the Siting Board will review these guidelines at the beginning of the hearing on April 28, 2026. IT IS THEREFORE ORDERED that the order for cross-examination of Crab Run
Solar's witnesses shall be Kathy Dow, Mary Angela Mattingly, Richard Mattingly, Terri L.
Miles, Glenn and Lynn Russell, Susan Spalding, Bobby Thomas, Olivia Thomas, Robert Thomas, and Brian and Kim Thompson.
-3- Case No. 2025-00276
Entered on this 21st day of April, 2026. KENTUCKY STATE BOARD ON ELECTRIC GENERATION AND TRANSMISSION SITING ___________________________ Angie Hatton Chair, Public Service Commission
___________________________ Mary Pat Regan Commissioner, Public Service Commission
___________________________ Andrew W. Wood Commissioner, Public Service Commission ___________________________ John Lyons Secretary, Energy and Environment Cabinet, or his designee
___________________________ Jansen Hammock Secretary, Cabinet for Economic Development, or his designee
ATTEST:
______________________ Linda C. Bridwell, PE Executive Director Public Service Commission
on behalf of the Kentucky State Board on
Electric Generation and Transmission Siting
Case No. 2025-00276
Service List for 2025-00276
- Dylan F. Borchers Bricker Graydon LLP 100 South Third Street Columbus, OH 43215
- Jeannine Johnson Savion, LLC 422 Admiral Blvd. Kansas City, MS 64106
- Bobby Thomas 3815 Frogtown Rd Loretto, KY 40037
- Kara H. Herrnstein Bricker Graydon LLP 100 South Third Street Columbus, OH 43215
- Kim Thompson 3290 Frogtown Road Loretto, KY 40037
- Richard Mattingly 6320 Loretto Road Lebanon, KY 40033
- Mary Angela Mattingly 6320 North Loretto Rd Loretto, KY 40033
- Kathy Dow 3260 Frogtown Rd Loretto, KY 40037
- Olivia Thomas 3470 Frogtown Rd Loretto, KY 40037
- Robert Thomas 3470 Frogtown Rd Loretto, KY 40037
Sommer L. Sheely Bricker Graydon LLP
100 South Third Street Columbus, OH 43215Denotes served by Email
Susan Spalding 3250 Frogtown Rd Loretto, KY 40037
Brian Thompson
3290 Frogtown Road Loretto, KY 40037Glenn and Lynn Russell 3285 Frogtown Rd Loretto, KY 40037
Terri L Miles 3410 Frogtown Rd Loretto, KY 40037
Denotes served by Email Service List for Case 2025-00276
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