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E1rIC, V1n(11, <br />RESOLUTION NO.2020-55 BY: ] ! EPPLE <br />A Resolution to object to the Order of Ohio Power Siting Board in the Icebreaker case, OPSB <br />Case No. 16-1871-El-BGN to prohibit Icebreaker's turbines from rotating and producing <br />electricity all night for 8 months out of the year and strongly urging the Ohio Power Siting Board <br />to grant Icebreaker's appeal in the case. <br />WHEREAS, Lake Erie Energy Development Corporation manages Project Icebreaker, <br />the first fresh water windfarm in North America and the first step in creating a new offshore <br />wind industry in Lake Erie that will create thousands of jobs and unlock Ohio's vast clean energy <br />resource; and <br />WHEREAS, the Icebreaker project has gone through a years -long and extensive <br />permitting process and had reached an agreement with the technical staffs of the Ohio Power <br />Siting Board ("OPSB") and the Ohio Department of Natural Resources ("ODNW') over many <br />months to bring the project to fruition; and <br />WHEREAS, on May 21, 2020, in OPSB Case No. 16-1871-El-BGN, the OPSB ordered <br />that Icebreaker's turbines must shut down every night for eight months of the year; and <br />WHEREAS, this eleventh -hour Shutdown Order effectively kills the Icebreaker project in <br />that its resulting lost productivity would deprive Icebreaker of the critical revenue stream <br />required to repay a construction loan; and <br />WHEREAS, the OPSB Shutdown mandate contradicts all evidence on the record that led <br />the OPSB Staff and the ODNR to approve the project; and <br />WHEREAS, the Order violates state law in that it fails to set forth evidence to support the <br />shutdown mandate; and <br />WHEREAS, the OPSB exceeded its authority by requiring zero impact every night for 8 <br />months: the state law standard is for minimum impact considering economics and technology; <br />and <br />WHEREAS, the OPSB Order unlawfully requires two separate approvals — one for <br />construction and future approval for full operations, in violation of state law; and <br />WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised <br />Code, municipalities have the power of local self-government, and the power to enact laws that <br />are for health, safety, and welfare; now, therefore <br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br />Section 1. That this Council hereby objects to the Order of Ohio Power Siting Board in <br />the Icebreaker case, OPSB Case No. 16-1871-El-BGN to prohibit Icebreaker's turbines from <br />