The western Wisconsin county where Xcel Energy has planned a solar farm has decided to hire a law firm to help iron out contractual development protections concerning the new project.

While finalizing its 2026 budget, the St. Croix County Board of Supervisors voted to add up to $352,000 in legal services with Attolles Law concerning development of the joint development agreement.

The Ten Mile Creek Solar project calls for 300 megawatts to be generated on solar panels spread across 2,980 acres of leased land in St. Croix County. The project also includes building and routing a new transmission line to the existing grid connections at Xcel’s Allen S. King Power Plant in Oak Park Heights.

The coal-fired King plant is set to be decommissioned in 2028, but Xcel plans to continue to use existing connections at the site. Originally, Xcel’s Ten Mile Creek Solar proposal included up to 650 megawatts of solar panel production on 5,000 acres spread across some 60 square miles in St. Croix County.

St. Croix County Board of Supervisors chair Bob Long told the Pioneer Press that the county wants to wrap up some finer details within the joint development agreement, particularly concerning safety concerns regarding fire risks and environmental agreements concerning long term planning, such as eventual decommission of the site.

“We’re working with by far the best expert on this whole process that we can find,” said Long of Attolles Law, which often represents the Wisconsin Counties Association and many other public entities in the state.

Long described the discussions with Xcel Energy representatives thus far as “fruitful.”

No additional meetings are currently scheduled, but Xcel representatives said the discussions will be ongoing and have been positive.

“As we have for several months, we are continuing to discuss the contents of a Joint Development Agreement with St. Croix County and have met with the county’s internal and external attorneys,” Xcel Energy spokesperson Christine Ouellette said.

In November, Attolles Law reviewed the draft agreement and attorney Rebecca Roeker on Nov. 4 went through that input with the board, releasing a list with nine of their most essential concerns, as well as nine other concerns.

Roeker and St. Croix County Public Information Officer Adam Kastonek declined several attempts for additional comment.

Of most concern, Roeker said the draft agreement could limit St. Croix County’s ability to object at the Public Service Commission of Wisconsin, the body that will be responsible for approval of the solar farm. Depending on legal reading of the language, the joint development agreement could bar county representatives from making statements “adverse to an agreed upon term,” unless new information related to that issue was found.

Roeker said this draft also covered approximately 3,000 acres, which represents Xcel Energy’s updated project scope. However, Xcel has secured land leases for the full 5,000 acres, and company officials previously said they will maintain those leases as needed.

The county could have an agreement for each project phase, or one umbrella agreement for the entire solar farm, Roeker said, but it should include language defining those specifications.

Related Articles

Democrat Mandela Barnes, a former US Senate candidate, enters the Wisconsin governor’s race

Cold relationship between P.J. Fleck and Luke Fickell heats up Axe rivalry

Wisconsin seeks to block conditional release of woman involved in Slender Man stabbing after escape from group home

Season’s first winter storm could bring 4-8 inches of snow in metro

Wisconsin woman in 2014 Slender Man stabbing is found a day after walking away from group home

“We want to make sure the JDA covers the entire ‘capital P’ project,” said Roeker.

Another issue the attorney noted was the definition of “designated roads” in the solar farm development, which, based on the draft agreement, could mean any town or county road. If St. Croix County wished to limit the roads to those designated for the project; the language should be cleaned up, Roeker said.

Roeker told the supervisors at the Nov. 4 meeting that the concerns were reasonable, and in line with other joint contract agreements her firm had negotiated previously.

Xcel Energy expects to submit its project application to the Public Service Commission of Wisconsin near the beginning of next year. From there, the commission would kick off a 12-18 month review process. If eventually approved, the first phase of the Ten Mile Creek Solar Project could begin in late 2027, with a goal of starting service by late 2029.